HB 0443 2003
1	A bill to be entitled
2	An act relating to public employees; providing a popular
3	name; renumbering parts I, II, and IV of ch. 110, F.S., as
4	parts I, II, and III of ch. 109, F.S.; repealing s.
5	110.1082, F.S., relating to use of telephone voice mail
6	and menu options systems; amending and renumbering s.
7	110.1091, F.S.; requiring state agencies to provide a
8	program to assist employees with specified problems;
9	amending and renumbering s. 110.1099, F.S.; specifying
10	duties of agency heads with respect to education and
11	training opportunities for state employees; including
12	courses at community colleges in such opportunities;
13	revising responsibilities of employees granted educational
14	leave; reenacting and renumbering s. 110.112, F.S.;
15	amending and renumbering s. 110.113, F.S.; requiring all
16	state employees to participate in the direct deposit
17	program; revising conditions for requesting an exemption;
18	amending and renumbering s. 110.123, F.S., relating to the
19	state group insurance program; removing a prohibition
20	against the contribution of state funds toward
21	supplemental benefit plan premiums; directing the
22	Department of Management Services to establish criteria to
23	allow lower cost to employees if agencies require
24	physical/health standards; amending and renumbering s.
25	110.12312, F.S.; providing for inclusion of supplemental
26	benefit insurance in options offered to retired state
27	employees; amending and renumbering s. 110.124, F.S.;
28	increasing the age limit for provisions that provide
29	relief for employees terminated solely because of age;
30	providing that an employee who is terminated solely
31	because of attaining such age may apply to the circuit
32	court for relief if binding arbitration is not conducted;
33	amending and renumbering s. 110.1245, F.S.; providing for
34	a gain sharing program, with awards set by the Legislative
35	Budgeting Commission; deleting certain limitations;
36	amending and renumbering s. 110.131, F.S.; revising the
37	time limitation on employment of other-personal-services
38	temporary employees; requiring approval of the Governor’s
39	Office of Policy and Budget for extension of such
40	limitation; revising exemptions from such limitation;
41	amending and renumbering s. 110.1522, F.S.; including
42	leave for employees with an elderly parent in family
43	support personnel policies; creating s. 109.202, F.S.;
44	deleting a requirement that a layoff be conducted within
45	an identified competitive area; providing for appeals with
46	respect to reductions in pay, transfers, layoffs,
47	demotions, suspensions, or dismissals; providing the
48	agency’s burden of proof; providing requirements for the
49	grievance process; providing for rules; amending and
50	renumbering s. 110.233, F.S.; revising provisions relating
51	to employees holding local public office; creating s.
52	109.240, F.S.; providing that any permanent career service
53	employee may request binding arbitration administered by
54	the Division of Human Resource Management upon notice of
55	an adverse agency action; providing definitions; providing
56	requirements for such requests; providing for notice to
57	the agency; specifying the employer’s burden of proof;
58	providing for arbitrators and their qualifications and
59	authority; providing duties of the division; providing for
60	records; providing procedural requirements for arbitration
61	proceedings; providing for rules; providing for
62	application to the circuit court for an order enforcing,
63	vacating, or modifying the arbitration decision; providing
64	for immunity; creating s. 109.241, F.S.; providing for the
65	appointment of peer review committees to hear employee
66	appeals of adverse personnel actions; providing for
67	selection of members; providing procedures for such
68	appeals; providing a declaration of policy; amending and
69	renumbering s. 110.203, F.S.; conforming a definition;
70	revising the definitions of “promotion,” “demotion,”
71	dismissal,” “suspension”; creating s. 109.2035, F.S.;
72	directing the Department of Management Services, in
73	consultation with specified entities, to develop a model
74	civil service classification and compensation program and
75	providing requirements with respect thereto; repealing s.
76	110.205(2)(n), F.S., which allows department heads to
77	designate certain positions as Selected Exempt Service or
78	Senior Management Service; correcting cross references, to
79	conform; amending and renumbering s. 110.211, F.S.;
80	directing the department to develop uniform recruitment
81	and selection rules to be used by employing agencies;
82	revising requirements relating to recruitment literature;
83	amending and renumbering s. 110.224, F.S.; revising
84	requirements relating to a review and performance planning
85	system and designating such system a review and
86	performance evaluation system; revising requirements
87	relating to certain information furnished to employees and
88	employee evaluation; providing for biannual management
89	performance reports; amending and renumbering s. 110.227,
90	F.S.; providing that a career service employee may be
91	suspended or dismissed for reasonable cause and specifying
92	actions included thereunder; providing that rules
93	regarding layoff shall include “bumping”; providing such
94	employee’s rights; providing authority of such committees;
95	providing the department’s burden of proof; authorizing
96	remedial action if the action is not sustained; repealing
97	ss. 110.401, 110.402, 110.403, 110.405, 110.406, 110.601,
98	110.602, 110.603, 110.604, 110.605, and 110.606, F.S.,
99	which create the Senior Management Service and Selected
100	Exempt Service systems; amending and renumbering ss.
101	110.116, 110.117, 110.1227, 110.1228, 110.1232, 110.2037,
102	110.152, 110.15201, 110.1521, 110.1523, 110.161, 110.171,
103	110.191, 110.2037, 110.205, 110.219, and 110.502, F.S.;
104	clarifying and conforming language and correcting cross
105	references; amending ss. 20.18, 20.21, 20.23, 20.255,
106	20.315, 24.105, 24.122, 63.097, 68.087, 104.31, 106.082,
107	106.24, 112.044, 112.0805, 112.313, 112.3189, 112.363,
108	121.021, 121.0515, 121.055, 121.35, 215.94, 216.011,
109	216.181, 216.251, 260.0125, 287.175, 295.07, 296.04,
110	296.34, 311.07, 338.2216, 339.175, 343.74, 373.6065,
111	381.00315, 381.85, 393.0657, 400.19, 400.953, 402.3057,
112	402.55, 402.731, 409.1757, 409.9205, 440.102, 443.171,
113	447.207, 456.048, 471.038, 509.036, 570.073, 570.074,
114	624.307, 627.0623, 627.6488, 627.649, 627.6498, 627.6617,
115	655.019, 943.0585, 943.059, 943.22, 943.61, 944.35,
116	945.043, 946.525, 957.03, 985.05, 985.4045, 1001.28,
117	1001.74, 1002.36, 1012.62, and 1012.96, F.S.; conforming
118	language and correcting cross references; amending s.
119	20.22, F.S.; creating the Division of Human Resource
120	Management in the Department of Management Services;
121	providing powers and duties of the Public Employees
122	Relations Commission; directing the Department of
123	Management Services to coordinate a transition plan;
124	providing an appropriation; providing for a budget
125	amendment; authorizing the Department of Management
126	Services to adopt rules; providing effective dates.
127
128	Be It Enacted by the Legislature of the State of Florida:
129
130	Section 1.This act shall be known by the popular name
131	“The Vertical Incentive Plan.”
132	Section 2.Sections 110.105 and 110.107, Florida Statutes,
133	are renumbered as sections 109.105 and 109.107, Florida
134	Statutes, respectively.
135	Section 3.Section 110.1082, Florida Statutes, is
136	repealed.Section 4. Section 110.1091, Florida Statutes,
137	is renumbered as section 109.1091, Florida Statutes, and amended
138	to read:
139	109.1091110.1091Program for assisting state employees;
140	confidentiality.--An employing state agencywillmayprovide a
141	program to assist any of its state employees who have a
142	behavioral or medical disorder, substance abuse problem, or
143	emotional difficulty that affects their job performance, through
144	referral for counseling, therapy, or other professional
145	treatment. Each employing state agency may designate community
146	diagnostic and referral resources as necessary to implement the
147	provisions of this section. Any communication between a state
148	employee and personnel or service providers of a state employee
149	assistance program relative to the employee's participation in
150	the program shall be a confidential communication. Any routine
151	monitoring of telephone calls by the state agency does not
152	violate this provision. All records relative to that
153	participation shall be confidential and exempt from the
154	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
155	Constitution. This section is subject to the Open Government
156	Sunset Review Act of 1995 in accordance with s. 119.15, and
157	shall stand repealed on October 2, 2003, unless reviewed and
158	saved from repeal through reenactment by the Legislature.
159	Section 5. Section 110.1099, Florida Statutes, is
160	renumbered as section 109.1099, Florida Statutes, and amended to
161	read:
162	109.1099110.1099Education and training opportunities for
163	state employees.--
164	(1)(a) Education and training are an integral component in
165	improving the delivery of services to the public. Recognizing
166	that the application of productivity-enhancing technology and
167	practice demands continuous educational and training
168	opportunities, a state employee may be authorized to receive a
169	voucher or grant, for matriculation fees, to attend work-related
170	courses at public community colleges, public technical centers,
171	or public universities. The department may implement the
172	provisions of this section from funds appropriated to the
173	department for this purpose. In the event insufficient funds are
174	appropriated to the department, each state agency may supplement
175	these funds to support the training and education needs of its
176	employees from funds appropriated to the agency.
177	(b) For the 2001-2002 fiscal year only and notwithstanding
178	the provisions of paragraph (a), state employees may not be
179	authorized to receive fundable tuition waivers on a space-
180	available basis. This paragraph expires July 1, 2002.
181	(2) The department, in conjunction with the agencies,
182	shall request that public universitiesand community colleges
183	provide evening and weekend programs for state employees. When
184	evening and weekend training and educational programs are not
185	available, an employee may be authorized to take paid time off
186	during his or her regular working hours for training and career
187	development, as provided in s.109.105(1)110.105(1), if such
188	training benefits the employer as determined by that employee's
189	agency head.
190	(3) An employee who exhibits superior aptitude and
191	performance may be authorized by that employee's agency head to
192	take a paid educational leave of absence for up to 1 academic
193	year at a time, for specific approved work-related education and
194	training. That employee must enter into a contract to return to
195	state employment for a period of time equal totwicethe length
196	of the leave of absence or refund salary and benefits paid
197	during his or her educational leave of absence.
198	(4) As a precondition to approving an employee's training
199	request, an agency or the judicial branch may require an
200	employee to enter into an agreement that requires the employee
201	to reimburse the agency or judicial branch for the registration
202	fee or similar expense for any training or training series when
203	the cost of the fee or similar expense exceeds $1,000 if the
204	employee voluntarily terminates employment or is discharged for
205	cause from the agency or judicial branch within a specified
206	period of time not to exceed 4 years after the conclusion of the
207	training. This subsection does not apply to any training program
208	that an agency or the judicial branch requires an employee to
209	attend. An agency or the judicial branch may pay the outstanding
210	balance then due and owing on behalf of a state employee under
211	this subsection in connection with recruitment and hiring of
212	such state employee.
213	(5) The Department of Management Services, in consultation
214	with the agencies and, to the extent applicable, with Florida's
215	public community colleges, public technical centers, and public
216	universities, shall adopt rules to administer this section.
217	Section 6. Section 110.112, Florida Statutes, is
218	renumbered as section 109.112, Florida Statutes, to read:
219	109.112110.112Affirmative action; equal employment
220	opportunity.--
221	(1) It shall be the policy of the state to assist in
222	providing the assurance of equal employment opportunity through
223	programs of affirmative and positive action that will allow full
224	utilization of women and minorities.
225	(2)(a) The head of each executive agency shall develop and
226	implement an affirmative action plan in accordance with rules
227	adopted by the department and approved by a majority vote of the
228	Administration Commission before their adoption.
229	(b) Each executive agency shall establish annual goals for
230	ensuring full utilization of groups underrepresented in its
231	workforce as compared to the relevant labor market, as defined
232	by the agency. Each executive agency shall design its
233	affirmative action plan to meet its established goals.
234	(c) An affirmative action-equal employment opportunity
235	officer shall be appointed by the head of each executive agency.
236	The affirmative action-equal employment opportunity officer's
237	responsibilities must include determining annual goals,
238	monitoring agency compliance, and providing consultation to
239	managers regarding progress, deficiencies, and appropriate
240	corrective action.
241	(d) The department shall report information in its annual
242	workforce report relating to the implementation, continuance,
243	updating, and results of each executive agency's affirmative
244	action plan for the previous fiscal year.
245	(e) The department shall provide to all supervisory
246	personnel of the executive agencies training in the principles
247	of equal employment opportunity and affirmative action, the
248	development and implementation of affirmative action plans, and
249	the establishment of annual affirmative action goals. The
250	department may contract for training services, and each
251	participating agency shall reimburse the department for costs
252	incurred through such contract. After the department approves
253	the contents of the training program for the agencies, the
254	department may delegate this training to the executive agencies.
255	(3) Each state attorney and public defender shall:
256	(a) Develop and implement an affirmative action plan.
257	(b) Establish annual goals for ensuring full utilization
258	of groups underrepresented in its workforce as compared to the
259	relevant labor market in this state. The state attorneys' and
260	public defenders' affirmative action plans must be designed to
261	meet the established goals.
262	(c) Appoint an affirmative action-equal employment
263	opportunity officer.
264	(d) Report annually to the Justice Administrative
265	Commission on the implementation, continuance, updating, and
266	results of his or her affirmative action program for the
267	previous fiscal year.
268	(4) The state, its agencies and officers shall ensure
269	freedom from discrimination in employment as provided by the
270	Florida Civil Rights Act of 1992, by s. 112.044, and by this
271	chapter.
272	(5) Any individual claiming to be aggrieved by an unlawful
273	employment practice may file a complaint with the Florida
274	Commission on Human Relations as provided by s. 760.11.
275	(6) The department shall review and monitor executive
276	agency actions in carrying out the rules adopted by the
277	department pursuant to this section.
278	Section 7.Sections 110.1127 and 110.1128, Florida
279	Statutes, are renumbered as sections 109.1127 and 109.1128,
280	Florida Statutes, respectively.
281	Section 8. Section 110.113, Florida Statutes, is
282	renumbered as section 109.113, Florida Statutes, and subsection
283	(2) of said section is amended to read:
284	109.113110.113Pay periods for state officers and
285	employees; salary payments by direct deposit.--
286	(2) As a condition of employment, a person appointed to a
287	position in state government is required to participate in the
288	direct deposit program pursuant to s. 17.076. An employee may
289	request an exemption from the provisions of this subsection when
290	such employee can demonstrate a hardshipor when such employee
291	is in an other-personal-services position.
292	Section 9.Sections 110.114, 110.115, and 110.1155,
293	Florida Statutes, are renumbered as sections 109.114, 109.115,
294	and 109.1155, Florida Statutes, respectively.
295	Section 10. Section 110.116, Florida Statutes, is
296	renumbered as section 109.116, Florida Statutes, and subsection
297	(2) of said section is amended to read:
298	109.116110.116Personnel information system; payroll
299	procedures.--
300	(2) For the 2002-2003 fiscal year only, and
301	notwithstanding the requirements of s. 215.94(5) that the
302	department design, implement, and operate the system and of s.
303	109.201(1)(e)110.201(1)(e)that the individual employing
304	agencies maintain records and reports, the department is
305	authorized to contract with a vendor to provide the personnel
306	information system for state agencies. The vendor may assist the
307	department in compiling and reporting personnel data and may
308	assist the employing agencies in maintaining personnel records.
309	This subsection expires July 1, 2003.
310	Section 11.Section 110.1165, Florida Statutes, is
311	renumbered as section 109.1165, Florida Statutes.
312	Section 12. Section 110.117, Florida Statutes, is
313	renumbered as section 109.117, Florida Statutes, and subsection
314	(3) of said section is amended to read:
315	109.117110.117Paid holidays.--
316	(3) Each full-time employee is entitled to one personal
317	holiday each year. Each part-time employee is entitled to a
318	personal holiday each year which shall be calculated
319	proportionately to the personal holiday allowed to a full-time
320	employee. Such personal holiday shall be credited to eligible
321	employees on July 1 of each year to be taken prior to June 30 of
322	the following year. Members of the teaching and research faculty
323	of the State University System and administrative and
324	professional positions exempted under s.109.205(2)(d)
325	110.205(2)(d)are not eligible for this benefit.
326	Section 13.Sections 110.118, 110.119, 110.120, 110.121,
327	110.122, 110.1221, and 110.1225, Florida Statutes, are
328	renumbered as sections 109.118, 109.119, 109.120, 109.121,
329	109.122, 109.1221, and 109.1225, Florida Statutes, respectively.
330	Section 14. Section 110.1227, Florida Statutes, is
331	renumbered as section 109.1227, Florida Statutes, and paragraph
332	(c) of subsection (1) of said section is amended to read:
333	109.1227110.1227Florida Employee Long-Term-Care Plan
334	Act.--
335	(1) The Legislature finds that state expenditures for
336	long-term-care services continue to increase at a rapid rate and
337	that the state faces increasing pressure in its efforts to meet
338	the long-term-care needs of the public.
339	(c) This act in no way affects the Department of
340	Management Services' authority pursuant to s.109.123110.123.
341	Section 15. Section 110.1228, Florida Statutes, is
342	renumbered as section 109.1228, Florida Statutes, and subsection
343	(2) of said section is amended to read:
344	109.1228110.1228Participation by small counties, small
345	municipalities, and district school boards located in small
346	counties.--
347	(2) The governing body of a small county or small
348	municipality or a district school board may apply for
349	participation in the state group health insurance program
350	authorized in s.109.123110.123and the prescription drug
351	coverage program authorized by s.109.12315110.12315by
352	submitting an application along with a $500 nonrefundable fee to
353	the department.
354	Section 16. Section 110.123, Florida Statutes, is
355	renumbered as section 109.123, Florida Statutes, and paragraph
356	(h) of subsection (3) of said section is amended to read:
357	109.123110.123State group insurance program.--
358	(3) STATE GROUP INSURANCE PROGRAM.--
359	(h)1. A person eligible to participate in the state group
360	insurance program may be authorized by rules adopted by the
361	department, in lieu of participating in the state group health
362	insurance plan, to exercise an option to elect membership in a
363	health maintenance organization plan which is under contract
364	with the state in accordance with criteria established by this
365	section and by said rules. The offer of optional membership in a
366	health maintenance organization plan permitted by this paragraph
367	may be limited or conditioned by rule as may be necessary to
368	meet the requirements of state and federal laws.
369	2. The department shall contract with health maintenance
370	organizations seeking to participate in the state group
371	insurance program through a request for proposal or other
372	procurement process, as developed by the Department of
373	Management Services and determined to be appropriate.
374	a. The department shall establish a schedule of minimum
375	benefits for health maintenance organization coverage, and that
376	schedule shall include: physician services; inpatient and
377	outpatient hospital services; emergency medical services,
378	including out-of-area emergency coverage; diagnostic laboratory
379	and diagnostic and therapeutic radiologic services; mental
380	health, alcohol, and chemical dependency treatment services
381	meeting the minimum requirements of state and federal law;
382	skilled nursing facilities and services; prescription drugs; and
383	other benefits as may be required by the department. Additional
384	services may be provided subject to the contract between the
385	department and the HMO.
386	b. The department may establish uniform deductibles,
387	copayments, or coinsurance schedules for all participating HMO
388	plans.
389	c. The department may require detailed information from
390	each health maintenance organization participating in the
391	procurement process, including information pertaining to
392	organizational status, experience in providing prepaid health
393	benefits, accessibility of services, financial stability of the
394	plan, quality of management services, accreditation status,
395	quality of medical services, network access and adequacy,
396	performance measurement, ability to meet the department's
397	reporting requirements, and the actuarial basis of the proposed
398	rates and other data determined by the director to be necessary
399	for the evaluation and selection of health maintenance
400	organization plans and negotiation of appropriate rates for
401	these plans. Upon receipt of proposals by health maintenance
402	organization plans and the evaluation of those proposals, the
403	department may enter into negotiations with all of the plans or
404	a subset of the plans, as the department determines appropriate.
405	Nothing shall preclude the department from negotiating regional
406	or statewide contracts with health maintenance organization
407	plans when this is cost-effective and when the department
408	determines that the plan offers high value to enrollees.
409	d. The department may limit the number of HMOs that it
410	contracts with in each service area based on the nature of the
411	bids the department receives, the number of state employees in
412	the service area, or any unique geographical characteristics of
413	the service area. The department shall establish by rule service
414	areas throughout the state.
415	e. All persons participating in the state group insurance
416	program who are required to contribute towards a total state
417	group health premium shall be subject to the same dollar
418	contribution regardless of whether the enrollee enrolls in the
419	state group health insurance plan or in an HMO plan.
420	3. The department is authorized to negotiate and to
421	contract with specialty psychiatric hospitals for mental health
422	benefits, on a regional basis, for alcohol, drug abuse, and
423	mental and nervous disorders. The department may establish,
424	subject to the approval of the Legislature pursuant to
425	subsection (5), any such regional plan upon completion of an
426	actuarial study to determine any impact on plan benefits and
427	premiums.
428	4. In addition to contracting pursuant to subparagraph 2.,
429	the department shall enter into contract with any HMO to
430	participate in the state group insurance program which:
431	a. Serves greater than 5,000 recipients on a prepaid basis
432	under the Medicaid program;
433	b. Does not currently meet the 25-percent non-
434	Medicare/non-Medicaid enrollment composition requirement
435	established by the Department of Health excluding participants
436	enrolled in the state group insurance program;
437	c. Meets the minimum benefit package and copayments and
438	deductibles contained in sub-subparagraphs 2.a. and b.;
439	d. Is willing to participate in the state group insurance
440	program at a cost of premiums that is not greater than 95
441	percent of the cost of HMO premiums accepted by the department
442	in each service area; and
443	e. Meets the minimum surplus requirements of s. 641.225.
444
445	The department is authorized to contract with HMOs that meet the
446	requirements of sub-subparagraphs a.-d. prior to the open
447	enrollment period for state employees. The department is not
448	required to renew the contract with the HMOs as set forth in
449	this paragraph more than twice. Thereafter, the HMOs shall be
450	eligible to participate in the state group insurance program
451	only through the request for proposal process described in
452	subparagraph 2.
453	5. All enrollees in the state group health insurance plan
454	or any health maintenance organization plan shall have the
455	option of changing to any other health plan which is offered by
456	the state within any open enrollment period designated by the
457	department. Open enrollment shall be held at least once each
458	calendar year.
459	6. When a contract between a treating provider and the
460	state-contracted health maintenance organization is terminated
461	for any reason other than for cause, each party shall allow any
462	enrollee for whom treatment was active to continue coverage and
463	care when medically necessary, through completion of treatment
464	of a condition for which the enrollee was receiving care at the
465	time of the termination, until the enrollee selects another
466	treating provider, or until the next open enrollment period
467	offered, whichever is longer, but no longer than 6 months after
468	termination of the contract. Each party to the terminated
469	contract shall allow an enrollee who has initiated a course of
470	prenatal care, regardless of the trimester in which care was
471	initiated, to continue care and coverage until completion of
472	postpartum care. This does not prevent a provider from refusing
473	to continue to provide care to an enrollee who is abusive,
474	noncompliant, or in arrears in payments for services provided.
475	For care continued under this subparagraph, the program and the
476	provider shall continue to be bound by the terms of the
477	terminated contract. Changes made within 30 days before
478	termination of a contract are effective only if agreed to by
479	both parties.
480	7. Any HMO participating in the state group insurance
481	program shall submit health care utilization and cost data to
482	the department, in such form and in such manner as the
483	department shall require, as a condition of participating in the
484	program. The department shall enter into negotiations with its
485	contracting HMOs to determine the nature and scope of the data
486	submission and the final requirements, format, penalties
487	associated with noncompliance, and timetables for submission.
488	These determinations shall be adopted by rule.
489	8. The department may establish and direct, with respect
490	to collective bargaining issues, a comprehensive package of
491	insurance benefits that may include supplemental health and life
492	coverage, dental care, long-term care, vision care, and other
493	benefits it determines necessary to enable state employees to
494	select from among benefit options that best suit their
495	individual and family needs.
496	a. Based upon a desired benefit package, the department
497	shall issue a request for proposal for health insurance
498	providers interested in participating in the state group
499	insurance program, and the department shall issue a request for
500	proposal for insurance providers interested in participating in
501	the non-health-related components of the state group insurance
502	program. Upon receipt of all proposals, the department may enter
503	into contract negotiations with insurance providers submitting
504	bids or negotiate a specially designed benefit package.
505	Insurance providers offering or providing supplemental coverage
506	as of May 30, 1991, which qualify for pretax benefit treatment
507	pursuant to s. 125 of the Internal Revenue Code of 1986, with
508	5,500 or more state employees currently enrolled may be included
509	by the department in the supplemental insurance benefit plan
510	established by the department without participating in a request
511	for proposal, submitting bids, negotiating contracts, or
512	negotiating a specially designed benefit package. These
513	contracts shall provide state employees with the most cost-
514	effective and comprehensive coverage available; however, no
515	state or agency funds shall be contributed toward the cost of
516	any part of the premium of such supplemental benefit plans. With
517	respect to dental coverage, the division shall include in any
518	solicitation or contract for any state group dental program made
519	after July 1, 2001, a comprehensive indemnity dental plan option
520	which offers enrollees a completely unrestricted choice of
521	dentists. If a dental plan is endorsed, or in some manner
522	recognized as the preferred product, such plan shall include a
523	comprehensive indemnity dental plan option which provides
524	enrollees with a completely unrestricted choice of dentists.
525	b. Pursuant to the applicable provisions of s.109.161
526	110.161, and s. 125 of the Internal Revenue Code of 1986, the
527	department shall enroll in the pretax benefit program those
528	state employees who voluntarily elect coverage in any of the
529	supplemental insurance benefit plans as provided by sub-
530	subparagraph a.
531	c. Nothing herein contained shall be construed to prohibit
532	insurance providers from continuing to provide or offer
533	supplemental benefit coverage to state employees as provided
534	under existing agency plans.
535	d. The Department of Management Services shall establish
536	criteria to allow lower cost to employees if agencies require
537	physical/health standards.
538	Section 17. Section 110.12312, Florida Statutes, is
539	renumbered as section 109.12312, Florida Statutes, and is
540	amended to read:
541	109.12312110.12312Open enrollment period for
542	retirees.--On or after July 1, 1997, the Department of
543	Management Services shall provide for an open enrollment period
544	for retired state employees who want to obtain health insurance
545	coverage under ss.109.123110.123and109.12315110.12315. The
546	options offered during the open enrollment period must provide
547	the same healthand supplemental benefitinsurance coverage as
548	the coverage provided to active employees under the same premium
549	payment conditions in effect for covered retirees, including
550	eligibility for health insurance subsidy payments under s.
551	112.363. A person who separates from employment subsequent to
552	May 1, 1988, but whose date of retirement occurs on or after
553	August 1, 1995, is eligible as of the first open enrollment
554	period occurring after July 1, 1997, with an effective date of
555	January 1, 1998, as long as the retiree's enrollment remains in
556	effect.
557	Section 18.Section 110.12315, Florida Statutes, is
558	renumbered as section 109.12315, Florida Statutes.
559	Section 19. Section 110.1232, Florida Statutes, is
560	renumbered as section 109.1232, Florida Statutes, and amended to
561	read:
562	109.1232110.1232Health insurance coverage for persons
563	retired under state-administered retirement systems before
564	January 1, 1976, and for spouses.--Notwithstanding any
565	provisions of law to the contrary, the Department of Management
566	Services shall provide health insurance coverage under the state
567	group insurance program for persons who retired before January
568	1, 1976, under any of the state-administered retirement systems
569	and who are not covered by social security and for the spouses
570	and surviving spouses of such retirees who are also not covered
571	by social security. Such health insurance coverage shall provide
572	the same benefits as provided to other retirees who are entitled
573	to participate under s.109.123110.123. The claims experience
574	of this group shall be commingled with the claims experience of
575	other members covered under s.109.123110.123.
576	Section 20.Sections 110.1234, 110.1238, and 110.1239,
577	Florida Statutes, are renumbered as sections 109.1234, 109.1238,
578	and 109.1239, Florida Statutes, respectively.
579	Section 21. Section 110.1245, Florida Statutes, is
580	renumbered as section 109.1245, Florida Statutes, and amended to
581	read:
582	(Substantial rewording of section. See
583	s. 110.1245, F.S., for present text.)
584	109.1245 Gain sharing program.--
585	(1) The Department of Management Services shall set
586	policy, develop procedures, and promote a program of gain
587	sharing for employees who propose procedures or ideas which are
588	adopted and which will result in increasing productivity, in
589	eliminating or reducing state expenditures or improving
590	operations, or in generating additional revenues, provided such
591	proposals are placed in effect and can be implemented under
592	current statutory authority. Every state agency, unless
593	otherwise provided by law, shall participate in the program. The
594	Chief Justice shall have the authority to establish a gain
595	sharing program for employees of the judicial branch within the
596	parameters established in this section. The program shall apply
597	to all employees within the Career Service System, the Selected
598	Exempt Service System, and comparable employees within the
599	judicial branch. The Legislative Budgeting Commission shall set
600	awards for the gain sharing program. The judicial branch or a
601	state agency may award certificates, pins, plaques, letters of
602	commendation, and other tokens of recognition under the gain
603	sharing program.
604	(2) The department and the judicial branch shall submit
605	annually to the President of the Senate and the Speaker of the
606	House of Representatives information that outlines each agency’s
607	level of participation in the program. The information must
608	include, but is not limited to:
609	(a) The number of proposals made.
610	(b) The number of awards made to employees for adopted
611	proposals.
612	(c) The actual cost savings realized as a result of
613	implementing employee proposals.
614	(d) Total expenditures incurred by the Legislative
615	Budgeting Commission for providing awards to employees for
616	adopted proposals.
617	(e) The number of employees recognized for superior
618	accomplishments.
619	(f) The number of employees recognized for satisfactory
620	service to the state.
621	(3) Each department head is authorized to incur
622	expenditures to award suitable framed certificates, pins, and
623	other tokens of recognition to retiring state employees whose
624	service with the state has been satisfactory, in appreciation
625	and recognition of such service. Such awards may not cost in
626	excess of $100 each plus applicable taxes.
627	(4) Each department head is authorized to incur
628	expenditures to award suitable framed certificates, pins, or
629	other tokens of recognition to state employees who have achieved
630	increments of 5 years of satisfactory service in the agency or
631	to the state, in appreciation and recognition of such service.
632	Such awards may not cost in excess of $50 each plus applicable
633	taxes.
634	(5) Each department head is authorized to incur
635	expenditures not to exceed $100 each plus applicable taxes for
636	suitable framed certificates, plaques, or other tokens of
637	recognition to any appointed member of a state board or
638	commission whose service to the state has been satisfactory, in
639	appreciation and recognition of such service upon the expiration
640	of such board or commission member’s final term in such
641	position.
642	Section 22.Sections 110.125, 110.126, 110.127, and
643	110.129, Florida Statutes, are renumbered as sections 109.125,
644	109.126, 109.127, and 109.129, Florida Statutes, respectively.
645	Section 23. Section 110.131, Florida Statutes, is
646	renumbered as section 109.131, Florida Statutes, and, effective
647	July 1, 2003, subsections (2) and (3) and paragraph (c) of
648	subsection (6) of said section are amended to read:
649	109.131110.131Other-personal-services temporary
650	employment.--
651	(2) An agency may employ any qualified individual in
652	other-personal-services temporary employment for100 hours in
653	any calendar month1,040 hours within any 12-monthperiod. An
654	extension beyond a total of100 hours in any calendar month
655	period1,040 hourswithin an agency for any individual requires
656	thea recommendation by the agency head andapprovalof the
657	Governor’s Office of Policy and Budgeting for good causeby the
658	Executive Office of the Governor. Approval of extensions shall
659	be made in accordance with criteria established by the
660	department. Each agency shall maintain employee information as
661	specified by the department regarding each extension of other-
662	personal-services temporary employment. The time limitation
663	established by this subsection does not apply to board members;
664	consultants; seasonal employees;institutional clients employed
665	as part of their rehabilitation; bona fide, degree-seeking
666	students in accredited secondary or postsecondary educational
667	programs; employees hired to deal with an emergency situation
668	that affects the public health, safety, or welfare; or employees
669	hired for a project that is identified by a specific
670	appropriation or time-limited grant.
671	(3) The department shall adopt rules providing that other-
672	personal-services temporary employment in an employer-employee
673	relationship shall be used for short-term tasks. Such rules
674	shall specify the employment categories, terms, conditions, rate
675	of pay, and frequency of other-personal-services temporary
676	employment and the duration for which such employment may last,;
677	specify criteria for approving extensions beyond the time
678	limitation provided in subsection (2);and prescribe
679	recordkeeping and reporting requirements for other-personal-
680	services employment.
681	(6)
682	(c) Notwithstanding the provisions of this section, the
683	agency head or his or her designee may extend the other-
684	personal-services employment of a health care practitioner
685	licensed pursuant to chapter 458, chapter 459, chapter 460,
686	chapter 461, chapter 463, part I of chapter 464, chapter 466,
687	chapter 468, chapter 483, chapter 486, or chapter 490 beyond
688	2,080 hoursper yearand may employ such practitioner on an
689	hourly or other basis.
690	Section 24.Section 110.151, Florida Statutes, is
691	renumbered as section 109.151, Florida Statutes.
692	Section 25. Section 110.152, Florida Statutes, is
693	renumbered as section 109.152, Florida Statutes, and subsection
694	(4) of said section is amended to read:
695	109.152110.152Adoption benefits for state employees;
696	parental leave.--
697	(4) Any employee of the state who has a child placed in
698	the custody of the employee for adoption, and who continues to
699	reside in the same household as the child placed for adoption,
700	shall be granted parental leave for a period not to exceed 6
701	months as provided in s.109.221110.221.
702	Section 26. Section 110.15201, Florida Statutes, is
703	renumbered as section 109.15201, Florida Statutes, and amended
704	to read:
705	109.15201110.15201Adoption benefits for state employees;
706	rulemaking authority.--The Department of Management Services may
707	adopt rules to administer the provisions of this act. Such rules
708	may provide for an application process such as, but not limited
709	to, an open enrollment period during which employees may apply
710	for monetary benefits as provided in s.109.152110.152(1).
711	Section 27. Section 110.1521, Florida Statutes, is
712	renumbered as section 109.1521, Florida Statutes, and amended to
713	read:
714	109.1521110.1521Short title.--Sections109.1521-109.1523
715	110.1521-110.1523may be cited as the "Family Support Personnel
716	Policies Act."
717	Section 28. Section 110.1522, Florida Statutes, is
718	renumbered as section 109.1522, Florida Statutes, and amended to
719	read:
720	109.1522110.1522Model rule establishing family support
721	personnel policies.--The Department of Management Services shall
722	develop a model rule establishing family support personnel
723	policies for all executive branch agencies, excluding the State
724	University System. "Family support personnel policies," for
725	purposes of ss.109.1521-109.1523110.1521-110.1523, means
726	personnel policies affecting employees' ability to both work and
727	devote care and attention to their families and includes
728	policies on flexible hour work schedules, compressed time, job
729	sharing, part-time employment, maternity or paternity leave for
730	employees with a newborn or newly adopted child,leave for
731	employees with an elderly parent,and paid and unpaid family or
732	administrative leave for family responsibilities.
733	Section 29. Section 110.1523, Florida Statutes, is
734	renumbered as section 109.1523, Florida Statutes, and amended to
735	read:
736	109.1523110.1523Adoption of model rule.--The model rule
737	shall be effective 20 days after having been filed with the
738	Department of State and shall become part of the personnel rules
739	of all applicable state agencies 150 days after the effective
740	date of the rule to the extent that each agency does not,
741	subsequent to such effective date, adopt a rule that sets forth
742	the intent to specifically amend all or part of such model rule.
743	Any employee or organization representing employees shall be
744	considered a party for purposes of any rule required by ss.
745	109.1521-109.1523110.1521-110.1523, notwithstanding any
746	provision of chapter 120 to the contrary.
747	Section 30. Section 110.124, Florida Statutes, is
748	renumbered as section 109.124, Florida Statutes, and subsections
749	(2) and (4) of said section are amended to read:
750	109.124110.124Termination or transfer of employees aged
751	6765or older.--
752	(2) Whenever any employee who has attained age6765is
753	terminated by an agency or department solely because the
754	employee attains age6765, the employee may apply for relief
755	from the action to thecircuit court, unless binding arbitration
756	is conducted pursuant to s. 109.240Public Employees Relations
757	Commission pursuant to s. 447.208. The employee shall continue
758	in employment pending the outcome of thecaseapplication. If
759	the employee continues in employment following the decision of
760	thecourtcommission, no further action shall be taken by the
761	agency or department to terminate the employee for a period of 1
762	year following the date of thecourt’sdecisionof the
763	commissionunless approved by thecourtcommissionupon a
764	showing by the agency or department that the employee's
765	capability has changed to a sufficient extent that he or she is
766	no longer able to perform any job within such agency or
767	department.
768	(4) If mutually agreed to by the employee and the agency
769	or department, an employee who has attained age6765may be
770	reduced to a part-time position for the purpose of phasing the
771	employee out of employment into retirement.Such an arrangement
772	may also be required by the Public Employees Relations
773	Commission as part of its decision in any appeal arising out of
774	this section.A reduction to a part-time position may be
775	accompanied by an appropriate reduction in pay.
776	Section 31. Section 110.171, Florida Statutes, is
777	renumbered as section 109.171, Florida Statutes, and paragraph
778	(c) of subsection (2) of said section is amended to read:
779	109.171110.171State employee telecommuting program.--
780	(2) The department shall:
781	(c) Identify state employees who are participating in a
782	telecommuting program and their job classifications through the
783	state personnel payroll information subsystem created under s.
784	109.116110.116.
785	Section 32.Section 110.181, Florida Statutes, is
786	renumbered as section 109.181, Florida Statutes.
787	Section 33. Section 110.191, Florida Statutes, is
788	renumbered as section 109.191, Florida Statutes, and amended to
789	read:
790	109.191110.191State employee leasing.--
791	(1) In situations where the Legislature has expressly
792	authorized the state, an agency, or the judicial branch as
793	defined in s.109.203110.203to lease employees, the Executive
794	Office of the Governor for the executive branch or the Chief
795	Justice for the judicial branch may authorize any of the
796	following actions related to such state employee leasing
797	activities, provided that the direct cost of such actions is to
798	be paid or reimbursed within 30 days after payment by the entity
799	or person to whom the employees are leased:
800	(a) Create a separate budget entity from which leased
801	employees shall be paid and transfer the positions authorized to
802	be leased to that budget entity.
803	(b) Provide increases in the operating budget entity.
804	(c) Authorized lump-sum salary bonuses to leased
805	employees; however, any lump-sum salary bonus above the
806	automatic salary increases which may be contained in the General
807	Appropriations Act must be funded from private sources.
808	(d) Approve increases in salary rate for positions which
809	are leased; however, any salary rate above the automatic salary
810	increases which may be contained in the General Appropriations
811	Act must be funded from private sources.
812	(e) Waive any requirement for automatic salary increases
813	which may be contained in the General Appropriations Act.
814	(2) Positions which are in the Senior Management Service
815	System or the Selected Exempt Service System on the day before
816	the state employee lease agreement takes effect shall remain in
817	the respective system if the duties performed by the position
818	during the assignment of the state employee lease agreement are
819	comparable as determined by the department. Those Senior
820	Management Service System or Selected Exempt Service System
821	positions which are not determined comparable by the department
822	and positions which are in other pay plans on the day before the
823	lease agreement takes effect shall have the same salaries and
824	benefits provided to employees of the Office of the Governor
825	pursuant to s.109.205(2)(l)2110.205(2)(l)2.
826	Section 34.Section 110.201, Florida Statutes, is
827	renumbered as section 109.201, Florida Statutes.
828	Section 35. Section 109.202, Florida Statutes, is created
829	to read:
830	109.202 Career Service System; declaration of policy.--It
831	is the purpose of this part to create a Career Service System
832	that ensures the delivery of high-quality performance in career
833	service classifications by facilitating the state’s ability to
834	attract, select, and retain qualified personnel in these
835	positions based on initiative, while also providing sufficient
836	agency flexibility to ensure that the workforce is responsive to
837	public needs.
838	Section 36. Section 110.203, Florida Statutes, is
839	renumbered as section 109.203, Florida Statutes, and subsections
840	(18), (19), (22), and (23) of said section are amended to read:
841	109.203110.203Definitions.--For the purpose of this part
842	and the personnel affairs of the state:
843	(18) "Promotion" means changing the classification of an
844	employee to a class having a higher maximum salaryor benefits;
845	orthechangingofthe classification of an employee to a class
846	having the same or a lower maximum salary but a higher level of
847	responsibility as determined by the Department of Management
848	Services.
849	(19) "Demotion" means changing the classification of an
850	employee to a class having a lower maximum salaryor benefits;
851	orthechangingofthe classification of an employee to a class
852	having the same or a higher maximum salary but a lower level of
853	responsibility as determined by the Department of Management
854	Services.
855	(22) "Dismissal" means a disciplinary action taken by an
856	agency pursuant to s.109.227110.227against an employee
857	resulting in termination of his or her employment.
858	(23) "Suspension" means a disciplinary action taken by an
859	agency pursuant to s.109.227110.227against an employee to
860	temporarily relieve the employee of his or her duties and place
861	him or her on leave without pay.
862	Section 37. Section 109.2035, Florida Statutes, is created
863	to read:
864	109.2035 Civil service classification and compensation
865	program.--
866	(1) The Department of Management Services, in consultation
867	with the Executive Office of the Governor, the Legislature, and
868	the affected certified bargaining units, shall develop a model
869	civil service classification and compensation program. This
870	model program shall be developed for use by all state agencies
871	and shall address all career service classes.
872	(2)(a) The model program shall consist of a vertical
873	incentive plan (VIP) using four vertical occupational groups
874	consisting of the following categories:
875	1. Executive appointments.
876	2. Administration.
877	3. Management.
878	4. Professional.
879	(b) Each vertical occupational group shall consist of at
880	least 6, but not more than 15, horizontal bands with benchmarks
881	at 2-year intervals as determined by the agency and the
882	Department of Management Services.
883	(c) Employees employed as other personal services
884	temporary employment shall not be included in the vertical
885	incentive plan. However, following 2 years of service, an other
886	personal services employee can acquire VIP status if the initial
887	benchmark as set by the agency and the department is met.
888	(d) Other personal services employees shall serve at the
889	pleasure of the agency and such employees are exempt from the
890	provisions of chapter 120.
891	(e) The vertical incentive plan shall establish equitable
892	pay and benefits equitable to the position's horizontal bands.
893	(3) The following goals shall be considered in designing
894	and implementing the model program:
895	(a) The VIP system must significantly reduce the need to
896	reclassify positions due to work assignment and organizational
897	changes by decreasing the number of classification changes
898	required.
899	(b) The VIP system and horizontal band plan must emphasize
900	self-incentive and job performance evaluation by benchmarks
901	rather than use of the classification system to award salary
902	increases.
903	(c) The executive appointments VIP classification shall be
904	exempt positions as defined by s. 109.205.
905	(d) The administration VIP classification shall not exceed
906	7 percent of the total allocated employees to each agency.
907	(e) The management VIP classification shall not exceed a
908	ratio of 1 to 10 of the total allocated employees to each
909	agency.
910	(f) Agencies may petition the Legislature for additional
911	management positions, not to exceed a 1-to-6 ratio, for just
912	cause.
913	(4) The Department of Management Services shall submit the
914	proposed design of the model civil service classification and
915	compensation program to the Executive Office of the Governor,
916	the presiding officers of the Legislature, and the appropriate
917	legislative fiscal and substantive standing committees on or
918	before December 1, 2003.
919	Section 38. Section 110.2037, Florida Statutes, is
920	renumbered as section 109.2037, Florida Statutes, and
921	subsections (4) and (6) of said section are amended to read:
922	109.2037110.2037Alternative benefits; tax-sheltered
923	annual leave and sick leave payments and special compensation
924	payments.--
925	(4) Notwithstanding the terminal pay provisions of s.
926	109.122110.122, the department may contract for a tax-sheltered
927	plan for leave and special compensation pay for employees
928	terminating over age 55 with 10 years of service and for
929	employees participating in the Deferred Retirement Option
930	Program on or after July 1, 2001, and who are over age 55. The
931	frequency of payments into the plan shall be determined by the
932	department or as provided in the General Appropriations Act.
933	This plan or plans shall provide the greatest tax benefits to
934	the employees and maximize the savings to the state.
935	(6) Nothing in this section shall be construed to remove
936	plan participants from the scope of s.109.122(5)110.122(5).
937	Section 39. Section 110.205, Florida Statutes, is
938	renumbered as section 109.205, Florida Statutes, and paragraphs
939	(i) and (v) of subsection (2) and subsection (3) of said section
940	are amended to read:
941	109.205110.205Career service; exemptions.--
942	(2) EXEMPT POSITIONS.--The exempt positions that are not
943	covered by this part include the following:
944	(i) All positions that are established for a limited
945	period of time for the purpose of conducting a special study,
946	project, or investigation and any person paid from an other-
947	personal-services appropriation. Unless otherwise fixed by law,
948	the salaries for such positions and persons shall be set in
949	accordance with rules established by the employing agency for
950	other-personal-services payments pursuant to s.109.131110.131.
951	(v) Positions that are leased pursuant to a state employee
952	lease agreement expressly authorized by the Legislature pursuant
953	to s.109.191110.191.
954	(3) PARTIAL EXEMPTION OF DEPARTMENT OF LAW
955	ENFORCEMENT.--Employees of the Department of Law Enforcement
956	shall be subject to the provisions of s.109.227110.227, except
957	in matters relating to transfer.
958	Section 40. Section 110.161, Florida Statutes, is
959	renumbered as section 109.161, Florida Statutes, and paragraph
960	(a) of subsection (6) of said section is amended to read:
961	109.161110.161State employees; pretax benefits
962	program.--
963	(6) The Department of Management Services is authorized to
964	administer the pretax benefits program established for all
965	employees so that employees may receive benefits that are not
966	includable in gross income under the Internal Revenue Code of
967	1986. The pretax benefits program:
968	(a) Shall allow employee contributions to premiums for the
969	state group insurance program administered under s.109.123
970	110.123to be paid on a pretax basis unless an employee elects
971	not to participate.
972	Section 41.Sections 110.207, 110.209, and 110.21, Florida
973	Statutes, are renumbered as sections 109.207, 109.209, and
974	109.21, Florida Statutes, respectively.
975	Section 42. Section 110.211, Florida Statutes, is
976	renumbered as section 109.211, Florida Statutes, and amended to
977	read:
978	109.211110.211Recruitment.--
979	(1) Recruiting shall be planned and carried out in a
980	manner that assures open competition based upon current and
981	projected employing agency needs, taking into consideration the
982	number and types of positions to be filled and the labor market
983	conditions, with special emphasis placed on recruiting efforts
984	to attract minorities, women, or other groups that are
985	underrepresented in the workforce of the employing agency.
986	(2) Recruiting efforts to fill current or projected
987	vacancies shall be carried out in the sound discretion of the
988	agency head.
989	(3) Recruiting shall seek efficiency in advertising and
990	may be assisted by a contracted vendor responsible for
991	maintenance of the personnel data.
992	(4) All recruitment literature involving state position
993	vacancies shall contain the phrase "An Equal Opportunity
994	Employer/Affirmative Action Employer."
995	Section 43.Sections 110.2135, 110.215, and 110.217,
996	Florida Statutes, are renumbered as sections 109.2135, 109.215,
997	and 109.217, Florida Statutes, respectively.
998	Section 44. Section 110.219, Florida Statutes, is
999	renumbered as section 109.219, Florida Statutes, and paragraph
1000	(c) of subsection (5) of said section is amended to read:
1001	109.219110.219Attendance and leave; general policies.--
1002	(5) Rules shall be adopted by the department in
1003	cooperation and consultation with the agencies to implement the
1004	provisions of this section; however, such rules must be approved
1005	by the Administration Commission prior to their adoption. Such
1006	rules must provide for, but need not be limited to:
1007	(c) Holidays as provided in s.109.117110.117.
1008	Section 45.Section 110.221, Florida Statutes, is
1009	renumbered as section 109.221, Florida Statutes.
1010	Section 46. Section 110.224, Florida Statutes, is
1011	renumbered as section 109.224, Florida Statutes, and amended to
1012	read:
1013	109.224110.224Review andPublic employeeperformance
1014	evaluation system.--Areview andpublic employeeperformance
1015	evaluation system shall be established as a basisto evaluate
1016	and improvefor evaluating and improvingthe performance of the
1017	state's workforce, to inform employees of strong and weak points
1018	in the employee's performance,andto identify training needs,
1019	and to award lump-sum bonuses in accordance with s. 110.1245(2).
1020	(1) Upon original appointment, promotion, demotion, or
1021	reassignment, a job description of the position assigned must be
1022	made available to the career service employee. The job
1023	description may be made available in an electronic format.
1024	(2) Each employee must have a performance evaluation
1025	performed by a manager who is directly responsible for said
1026	employeeat least annually, and the employee must receivea copy
1027	an oral and written assessmentof his or her performance
1028	evaluation. The performance evaluation may include a plan of
1029	action for improvement of the employee's performance based on
1030	the work expectations or performance standards applicable to the
1031	position as determined by the agency head.
1032	(3) Each manager must have a performance report performed
1033	by immediate supervised employees at least biannually and the
1034	manager must receive copies of his or her performance report.
1035	The performance report shall be used to improve management
1036	performance to achieve work expectations or performance
1037	standards applicable to the position as determined by the agency
1038	head.
1039	(4)(3)The department may adopt rules to administer the
1040	public employeeperformance evaluation system which establish
1041	procedures for performance evaluation, review periods, and
1042	forms.
1043	Section 47. Section 110.227, Florida Statutes, is
1044	renumbered as section 109.227, Florida Statutes, and amended to
1045	read:
1046	(Substantial rewording of section. See
1047	s. 110.227, F.S., for present text.)
1048	109.227 Suspensions, dismissals, reductions in pay,
1049	demotions, layoffs, transfers, and grievances.--
1050	(1) Any employee who has permanent status in the career
1051	service may only be suspended or dismissed for reasonable cause.
1052	Reasonable cause includes, but is not limited to, negligence,
1053	inefficiency or inability to perform assigned duties,
1054	insubordination, violation of the provisions of law or agency
1055	rules, conduct unbecoming a public employee, misconduct,
1056	habitual drug abuse, or conviction of any crime involving moral
1057	turpitude. The agency head shall ensure that all employees of
1058	the agency have access to the agency's personnel manual.
1059	(2) The department shall establish rules and procedures
1060	for the suspension, reduction in pay, transfer, layoff,
1061	demotion, and dismissal of employees in the career service.
1062	Rules regarding layoff procedures shall include a system whereby
1063	a career service employee with greater seniority has the option
1064	of selecting a different position not being eliminated within
1065	the horizontal band and within the employee's vertical incentive
1066	plan, but already occupied by an employee of less seniority, and
1067	taking that employee's position, commonly referred to as
1068	"bumping." Such rules shall be approved by the Administration
1069	Commission prior to their adoption by the department. Layoff
1070	procedures shall be developed to establish the relative merit
1071	and fitness of employees and shall include a formula for uniform
1072	application among potentially adversely affected employees
1073	taking into consideration the type of appointment, the length of
1074	service, and the evaluations of the employee's performance
1075	within the last 5 years of employment within the horizontal
1076	band.
1077	(3) Any permanent career service employee who is subject
1078	to suspension or dismissal shall receive written notice of such
1079	action at least 10 days prior to the date such action is to be
1080	taken. Subsequent to such notice, and prior to the date the
1081	action is to be taken, the affected employee shall be given an
1082	opportunity to appear before the agency head or the agency
1083	head's designee to rebut the conclusion that reasonable grounds
1084	exist for the suspension or dismissal. The notice to the
1085	employee required by this subsection may be delivered to the
1086	employee personally or may be sent by certified mail with return
1087	receipt requested. An employee who is suspended for 8 working
1088	days or more or dismissed shall be entitled to a hearing before
1089	the department or an outside, private arbitration mediation
1090	board or peer review committee chosen by the employee.
1091	Reasonable costs of hearing shall be paid by the losing party.
1092	(4) For any alleged adverse agency action against an
1093	employee, the agency bears the burden of proof to establish a
1094	preponderance of evidence that the employee should be suspended,
1095	dismissed, receive reduction of pay, demoted, laid off, or
1096	transferred.
1097	(5) A grievance process shall be available to career
1098	service employees. A grievance is defined as the dissatisfaction
1099	that occurs when an employee believes that any condition
1100	affecting the employee is unjust, inequitable, or a hindrance to
1101	effective operation, or creates a problem, except that an
1102	employee shall not have the right to file a grievance against
1103	performance evaluations unless the employee alleges that the
1104	evaluation is based on factors other than the employee's
1105	performance. Claims of discrimination and sexual harassment,
1106	suspensions, reductions in pay, transfers, layoffs, demotions,
1107	and dismissals are not subject to the career service grievance
1108	process.
1109	(6) The department shall adopt rules for administration of
1110	the grievance process for career service employees. Such rules
1111	shall establish agency grievance procedures, eligibility, filing
1112	deadlines, forms, and review and evaluation governing the
1113	grievance process.
1114	Section 48. Effective July 1, 2004, section 109.227,
1115	Florida Statutes, as renumbered and amended by this act, is
1116	amended to read:
1117	(Substantial rewording of section. See
1118	s. 109.227, F.S., for present text.)
1119	109.227 Suspensions, dismissals, reductions in pay,
1120	demotion, layoffs, transfers, and grievances.--
1121	(1) Any permanent career service employee subject to
1122	reduction in pay, transfer, layoff, or demotion from a class in
1123	which he or she has permanent status in the Career Service
1124	System shall be notified in writing by the agency prior to its
1125	taking such action. The notice may be delivered to the employee
1126	personally or may be sent by certified mail with return receipt
1127	requested. As of July 1, 2004, such actions shall be appealable
1128	as provided by this section, or the aggrieved employee and his
1129	or her employer may agree to submit to voluntary binding
1130	arbitration. Appeals based on the protections provided by the
1131	Whistle-blower's Act, ss. 112.3187-112.31895, must be filed with
1132	the Commission on Human Relations as provided for in that act.
1133	(2)(a) Any permanent career service employee who is
1134	subject to suspension or dismissal shall receive written notice
1135	of such action at least 10 days prior to the date such action
1136	shall be taken. The notice to the employee required by this
1137	paragraph may be delivered to the employee personally or may be
1138	sent by certified mail with return receipt requested. As of July
1139	1, 2004, an employee who is suspended or dismissed shall be
1140	entitled to a hearing. Appeals based on the protections provided
1141	by the Whistle-blower's Act, ss. 112.3187-112.31895, must be
1142	filed with the Commission on Human Relations as provided for in
1143	that act.
1144	(b) In extraordinary situations such as when the retention
1145	of a permanent career service employee would result in damage to
1146	state property, would be detrimental to the best interest of the
1147	state, or would result in injury to the employee, a fellow
1148	employee, or some other person, such employee may be suspended
1149	or dismissed without 10 days' prior notice. Such notice may be
1150	delivered to the employee personally or may be sent by certified
1151	mail with return receipt requested. Agency compliance with the
1152	foregoing procedure requiring notice must be substantiated. As
1153	of July 1, 2004, any employee who is suspended or dismissed
1154	pursuant to the provisions of this paragraph shall be entitled
1155	to a hearing as provided in this section. Appeals based on the
1156	protections provided by the Whistle-blower's Act, ss. 112.3187-
1157	112.31895, must be filed with the Commission on Human Relations
1158	as provided for in that act.
1159	(3) A grievance process shall be available to career
1160	service employees only through the Department of Management
1161	Services or a peer review committee. A grievance is defined as
1162	the dissatisfaction that occurs when an employee believes that
1163	any condition affecting the employee is unjust, inequitable, or
1164	a hindrance to effective operation, or creates a problem, except
1165	that an employee shall not have the right to file a grievance
1166	against a performance evaluation unless the employee alleges
1167	that the evaluation is based on factors other than the
1168	employee's performance or was performed by a person other than
1169	the employee's immediate supervisor. Claims of discrimination
1170	and sexual harassment, suspensions, reductions in pay,
1171	transfers, layoffs, demotions, and dismissals are not subject to
1172	the career service grievance process.
1173	(4) The department shall adopt rules for administration of
1174	the grievance process for career service employees. Such rules
1175	shall establish agency grievance procedures; eligibility; filing
1176	deadlines, not to exceed 60 days; forms review; and evaluation
1177	governing the grievance process.
1178	Section 49. Section 110.233, Florida Statutes, is
1179	renumbered as section 109.233, Florida Statutes, and paragraph
1180	(a) of subsection (4) of said section is amended to read:
1181	109.233110.233Political activities and unlawful acts
1182	prohibited.--
1183	(4) As an individual, each employee retains all rights and
1184	obligations of citizenship provided in the Constitution and laws
1185	of the state and the Constitution and laws of the United States.
1186	However, no employee in the career service shall:
1187	(a) Hold, or be a candidate for, public office while in
1188	the employment of the state or take any active part in a
1189	political campaign while on duty or within any period of time
1190	during which the employee is expected to perform services for
1191	which he or she receives compensation from the state. However,
1192	whenallowed by the Commission on Ethicsauthorized by his or
1193	her agency head and approved by the departmentas involving no
1194	interest which conflicts or activity which interferes with his
1195	or her state employment, an employee in the career service may
1196	be a candidate for or hold local public office.The ruling of
1197	the Commission on Ethics is final and binding.The department
1198	shall prepare and make available to all affected personnel who
1199	make such request a definite set of rules and procedures
1200	consistent with the provisions herein.
1201	Section 50.Effective January 1, 2004, paragraph (n) of
1202	subsection (2) of section 109.205, Florida Statutes, as
1203	renumbered and amended by this act, is repealed.
1204	Section 51. Effective January 1, 2004, section 109.241,
1205	Florida Statutes, is created to read:
1206	109.241 Appeals of personnel actions; peer review
1207	committees.--
1208	(1) Peer review committees shall be appointed as provided
1209	by this section for the purpose of hearing appeals of permanent
1210	employees arising from personnel actions which result in
1211	dismissal, suspension, demotion, transfer, or reduction in pay.
1212	Reprimands, oral or written, and suspensions of 7 working days
1213	or less shall not be appealable to such a committee. No more
1214	than one such action of suspension may occur within 1 calendar
1215	year without the right to appeal, regardless of the length of
1216	the suspension.
1217	(2)(a) Each peer review committee shall consist of five
1218	employees assigned within the vertical incentive plan of the
1219	employee's employment. Two members shall be selected by the
1220	department, two members shall be selected by the employee filing
1221	the appeal, and the fifth member, who shall serve as chair of
1222	the committee, shall be selected by those four members, with the
1223	concurrence of the department and the employee requesting the
1224	hearing. Any person shall have the right to decline to serve as
1225	a member of the committee. Persons selected to serve on a
1226	committee shall serve without additional compensation or
1227	overtime compensation with respect to such service. Once
1228	selected to a committee, the members shall serve until final
1229	action is taken by the committee with respect to the purpose for
1230	which the committee was selected, at which time the committee
1231	shall be dissolved.
1232	(b) If the fifth member cannot be agreed upon within 10
1233	working days after the appeal is submitted, then the parties
1234	shall jointly request the federal Mediation and Conciliation
1235	Service to furnish a panel of names of seven arbitrators from
1236	which each party shall have the option, within 5 working days
1237	after receipt, of striking three names in alternating fashion.
1238	The seventh or remaining name shall serve as the fifth member.
1239	The parties shall jointly notify the arbitrator of his or
1240	selection. Either party may object to all names on the list, if
1241	the objection is made prior to the commencement of the striking
1242	process. If this occurs, the objecting party may request the
1243	federal Mediation and Conciliation Service to furnish another
1244	list of arbitrators. No more than two lists may be requested.
1245	The cost of the arbitrator shall be paid by the losing party.
1246	(3)(a) An appeal of an action specified in subsection (1)
1247	shall be made to the Secretary of Management Services in
1248	writing, and must be received by the secretary no later than 14
1249	calendar days after the employee is notified of the action on
1250	which the appeal is based.
1251	(b) A peer review committee shall be selected and must
1252	meet for purposes of hearing the appeal no later than 30 working
1253	days after the selection of the chair of the committee unless
1254	the time limit is extended by the committee or with the mutual
1255	agreement of the parties to the proceeding.
1256	(c) During any hearing, the employee filing the appeal
1257	shall have the right to be heard publicly, to be represented by
1258	a person of his or her choice, and to present any evidential
1259	facts in his or her behalf. During such hearings, the technical
1260	rules of evidence shall not apply. The committee shall, in the
1261	conduct of such hearings, have the power to administer oaths,
1262	issue subpoenas, compel the attendance of witnesses, and require
1263	the production of books, records, accounts, papers, documents,
1264	and testimony. In case of disobedience of any person to comply
1265	with an order of the committee or a subpoena issued by the
1266	committee or upon the refusal of a witness to testify on any
1267	matter regarding which he or she may be lawfully interrogated, a
1268	county judge of the county in which the person resides, upon
1269	application of a member of the committee, shall compel obedience
1270	by proceeding as for contempt. Each witness who appears in
1271	obedience to a subpoena before the committee shall receive
1272	compensation for attendance, fees, and mileage as provided for
1273	witnesses in civil cases in the courts of this state. Such
1274	payments shall be made by the party calling the witness, except
1275	that with respect to any witnesses called by the committee
1276	payments shall be made by the department upon presentation of
1277	proper vouchers and approval by three members of the board.
1278	(d) The department shall bear the burden of establishing
1279	that the adverse personnel action was for just cause by a
1280	preponderance of the evidence presented and the discipline
1281	imposed was appropriate under the circumstances.
1282	(e) A committee shall by majority vote dispose of the
1283	appeal for which it was appointed by making findings of fact and
1284	issuing a written decision. Such decision shall either sustain
1285	or not sustain the action being appealed. If the action being
1286	appealed is not sustained by a committee, the committee shall
1287	order such remedial action as is appropriate, which may include
1288	reinstatement with back pay, and may modify any personnel action
1289	which was the subject of the appeal. No committee shall have the
1290	authority to impose on any employee any penalty which is more
1291	harsh than that which formed the basis of the appeal.
1292	(f) The decision of the committee shall be final and
1293	binding on the employee and the department.
1294	(g) Any representative of a department, division, or
1295	agency found to use other means to impose additional actions,
1296	including, but not limited to, criminal or other civil action as
1297	an attempt to undermine the findings of the committee or
1298	arbitrator commits a felony of the third degree, punishable as
1299	provided in s. 775.082, s. 775.083, or s. 775.084.
1300	Section 52.Sections 110.401, 110.402, 110.403, 110.405,
1301	110.406, 110.601, 110.602, 110.603, 110.604, 110.605, and
1302	110.606, Florida Statutes, are repealed.
1303	Section 53.Section 110.501, Florida Statutes, is
1304	renumbered as section 109.501, Florida Statutes.
1305	Section 54. Section 110.502, Florida Statutes, is
1306	renumbered as section 109.502, Florida Statutes, and subsections
1307	(2) and (3) of said section are amended to read:
1308	109.502110.502Scope of act; status of volunteers.--
1309	(2) Volunteers recruited, trained, or accepted by any
1310	state department or agency shall not be subject to any
1311	provisions of law relating to state employment, to any
1312	collective bargaining agreement between the state and any
1313	employees' association or union, or to any laws relating to
1314	hours of work, rates of compensation, leave time, and employee
1315	benefits, except those consistent with s.109.504110.504.
1316	However, all volunteers shall comply with applicable department
1317	or agency rules.
1318	(3) Every department or agency utilizing the services of
1319	volunteers is hereby authorized to provide such incidental
1320	reimbursement or benefit consistent with the provisions of s.
1321	109.504110.504, including transportation costs, lodging, and
1322	subsistence, recognition, and other accommodations as the
1323	department or agency deems necessary to assist, recognize,
1324	reward, or encourage volunteers in performing their functions.
1325	No department or agency shall expend or authorize an expenditure
1326	therefor in excess of the amount provided for to the department
1327	or agency by appropriation in any fiscal year.
1328	Section 55.Sections 110.503 and 110.504, Florida
1329	Statutes, are renumbered as sections 109.503 and 109.504,
1330	Florida Statutes, respectively.
1331	Section 56.(1) Sections 109.105 through 109.191, Florida
1332	Statutes, are designated as part I of chapter 109, Florida
1333	Statutes, to be entitled "General State Employment Provisions."
1334	(2) Sections 109.201 through 109.241, Florida Statutes,
1335	are designated as part II of chapter 109, Florida Statutes, to
1336	be entitled "Career Service System."
1337	(3) Sections 109.501 through 109.504, Florida Statutes,
1338	are designated as part III of chapter 109, Florida Statutes, to
1339	be entitled "Volunteers."
1340	Section 57. Subsection (3) of section 20.18, Florida
1341	Statutes, is amended to read:
1342	20.18 Department of Community Affairs.--There is created a
1343	Department of Community Affairs.
1344	(3) Unless otherwise provided by law, the Secretary of
1345	Community Affairs shall appoint the directors or executive
1346	directors of any commission or council assigned to the
1347	department, who shall serve at his or her pleasure as provided
1348	for division directors in s.109.205110.205. The appointment or
1349	termination by the secretary will be done with the advice and
1350	consent of the commission or council; and the director or
1351	executive director may employ, subject to departmental rules and
1352	procedures, such personnel as may be authorized and necessary.
1353	Section 58. Subsection (6) of section 20.21, Florida
1354	Statutes, is amended to read:
1355	20.21 Department of Revenue.--There is created a
1356	Department of Revenue.
1357	(6) Notwithstanding the provisions of s.109.123110.123,
1358	relating to the state group insurance program, the department
1359	may pay, or participate in the payment of, premiums for health,
1360	accident, and life insurance for its full-time out-of-state
1361	employees, pursuant to such rules as it may adopt, and such
1362	payments shall be in addition to the regular salaries of such
1363	full-time out-of-state employees.
1364	Section 59. Paragraph (d) of subsection (1), paragraph (h)
1365	of subsection (2), paragraphs (d), (f), and (i) of subsection
1366	(3), paragraphs (c) and (d) of subsection (4), and subsection
1367	(5) of section 20.23, Florida Statutes, are amended to read:
1368	20.23 Department of Transportation.--There is created a
1369	Department of Transportation which shall be a decentralized
1370	agency.
1371	(1)
1372	(d) Any secretary appointed after July 5, 1989, and the
1373	assistant secretariesshall be exempt from the provisions of
1374	part III of chapter 110 andshall receive compensation
1375	commensurate with their qualifications and competitive with
1376	compensation for comparable responsibility in the private
1377	sector.When the salary of any assistant secretary exceeds the
1378	limits established in part III of chapter 110, the Governor
1379	shall approve said salary.
1380	(2)
1381	(h) The commission shall appoint an executive director and
1382	assistant executive director, who shall serve under the
1383	direction, supervision, and control of the commission. The
1384	executive director, with the consent of the commission, shall
1385	employ such staff as are necessary to perform adequately the
1386	functions of the commission, within budgetary limitations. All
1387	employees of the commission are exempt from part II of chapter
1388	109110and shall serve at the pleasure of the commission.The
1389	salaries and benefits of all employees of the commission shall
1390	be set in accordance with the Selected Exempt Service; provided,
1391	however, thatThe commission shall have complete authority for
1392	fixing the salary of the executive director and assistant
1393	executive director.
1394	(3)
1395	(d)1. Policy, program, or operations offices shall be
1396	established within the central office for the purposes of:
1397	a. Developing policy and procedures and monitoring
1398	performance to ensure compliance with these policies and
1399	procedures;
1400	b. Performing statewide activities which it is more cost-
1401	effective to perform in a central location;
1402	c. Assessing and ensuring the accuracy of information
1403	within the department's financial management information
1404	systems; and
1405	d. Performing other activities of a statewide nature.
1406	2. The following offices are established and shall be
1407	headed by a manager, each of whom shall be appointed by and
1408	serve at the pleasure of the secretary. The positions shall be
1409	classified at a level equal to a division director:
1410	a. The Office of Administration;
1411	b. The Office of Policy Planning;
1412	c. The Office of Design;
1413	d. The Office of Highway Operations;
1414	e. The Office of Right-of-Way;
1415	f. The Office of Toll Operations;
1416	g. The Office of Information Systems; and
1417	h. The Office of Motor Carrier Compliance.
1418	3. Other offices may be established in accordance with s.
1419	20.04(7). The heads of such offices are exempt from part II of
1420	chapter109110. No office or organization shall be created at a
1421	level equal to or higher than a division without specific
1422	legislative authority.
1423	4. During the construction of a major transportation
1424	improvement project or as determined by the district secretary,
1425	the department may provide assistance to a business entity
1426	significantly impacted by the project if the entity is a for-
1427	profit entity that has been in business for 3 years prior to the
1428	beginning of construction and has direct or shared access to the
1429	transportation project being constructed. The assistance program
1430	shall be in the form of additional guarantees to assist the
1431	impacted business entity in receiving loans pursuant to Title 13
1432	C.F.R. part 120. However, in no instance shall the combined
1433	guarantees be greater than 90 percent of the loan. The
1434	department shall adopt rules to implement this subparagraph.
1435	(f)1. Within the central office there is created an Office
1436	of Management and Budget. The head of the Office of Management
1437	and Budget is responsible to the Assistant Secretary for Finance
1438	and Administration and is exempt from part II of chapter109
1439	110.
1440	2. The functions of the Office of Management and Budget
1441	include, but are not limited to:
1442	a. Preparation of the work program;
1443	b. Preparation of the departmental budget; and
1444	c. Coordination of related policies and procedures.
1445	3. The Office of Management and Budget shall also be
1446	responsible for developing uniform implementation and monitoring
1447	procedures for all activities performed at the district level
1448	involving the budget and the work program.
1449	(i)1. The secretary shall appoint a comptroller who is
1450	responsible to the Assistant Secretary for Finance and
1451	Administration. This position is exempt from part II of chapter
1452	109110.
1453	2. The comptroller is the chief financial officer of the
1454	department and must be a proven, effective administrator who by
1455	a combination of education and experience clearly possesses a
1456	broad knowledge of the administrative, financial, and technical
1457	aspects of a complex cost-accounting system. The comptroller
1458	must also have a working knowledge of generally accepted
1459	accounting principles. At a minimum, the comptroller must hold
1460	an active license to practice public accounting in Florida
1461	pursuant to chapter 473 or an active license to practice public
1462	accounting in any other state. In addition to the requirements
1463	of the Florida Fiscal Accounting Management Information System
1464	Act, the comptroller is responsible for the development,
1465	maintenance, and modification of an accounting system that will
1466	in a timely manner accurately reflect the revenues and
1467	expenditures of the department and that includes a cost-
1468	accounting system to properly identify, segregate, allocate, and
1469	report department costs. The comptroller shall supervise and
1470	direct preparation of a detailed 36-month forecast of cash and
1471	expenditures and is responsible for managing cash and
1472	determining cash requirements. The comptroller shall review all
1473	comparative cost studies that examine the cost-effectiveness and
1474	feasibility of contracting for services and operations performed
1475	by the department. The review must state that the study was
1476	prepared in accordance with generally accepted cost-accounting
1477	standards applied in a consistent manner using valid and
1478	accurate cost data.
1479	3. The department shall by rule or internal management
1480	memoranda as required by chapter 120 provide for the maintenance
1481	by the comptroller of financial records and accounts of the
1482	department as will afford a full and complete check against the
1483	improper payment of bills and provide a system for the prompt
1484	payment of the just obligations of the department, which records
1485	must at all times disclose:
1486	a. The several appropriations available for the use of the
1487	department;
1488	b. The specific amounts of each such appropriation
1489	budgeted by the department for each improvement or purpose;
1490	c. The apportionment or division of all such
1491	appropriations among the several counties and districts, when
1492	such apportionment or division is made;
1493	d. The amount or portion of each such apportionment
1494	against general contractual and other liabilities then created;
1495	e. The amount expended and still to be expended in
1496	connection with each contractual and other obligation of the
1497	department;
1498	f. The expense and operating costs of the various
1499	activities of the department;
1500	g. The receipts accruing to the department and the
1501	distribution thereof;
1502	h. The assets, investments, and liabilities of the
1503	department; and
1504	i. The cash requirements of the department for a 36-month
1505	period.
1506	4. The comptroller shall maintain a separate account for
1507	each fund administered by the department.
1508	5. The comptroller shall perform such other related duties
1509	as designated by the department.
1510	(4)
1511	(c) Each district secretary may appoint a district
1512	director for planning and programming, a district director for
1513	production, and a district director for operations. These
1514	positions are exempt from part II of chapter109110.
1515	(d) Within each district, offices shall be established for
1516	managing major functional responsibilities of the department.
1517	The offices may include planning, design, construction, right-
1518	of-way, maintenance, and public transportation. The heads of
1519	these offices shall be exempt from part II of chapter109110.
1520	(5) Notwithstanding the provisions of s. 110.205, the
1521	Department of Management Services is authorized to exempt
1522	positions within the Department of Transportation which are
1523	comparable to positions within the Senior Management Service
1524	pursuant to s. 110.205(2)(j) or positions which are comparable
1525	to positions in the Selected Exempt Service under s.
1526	110.205(2)(m).
1527	Section 60. Section 109.240, Florida Statutes, is created
1528	to read:
1529	109.240 Binding arbitration.--
1530	(1) Upon receipt of notice of an adverse agency action,
1531	any permanent career service employee may request binding
1532	arbitration as allowed by s. 109.227. As used in this section,
1533	"adverse agency action" means the suspension, dismissal,
1534	reduction in pay or withholding of bonuses, demotion, layoff, or
1535	transfer of an employee. Any eligible employee choosing to
1536	participate in binding arbitration must file a written request
1537	for arbitration with the division no later than 14 days after
1538	the receipt of notice of the adverse agency action.
1539	(2) The arbitration request must be submitted on a form
1540	prescribed by the division by rule. The form must be signed by
1541	the employee and must include stipulations that:
1542	(a) The employee is participating in binding arbitration
1543	pursuant to this section.
1544	(b) The arbitration order is final and may not be set
1545	aside except for an error in law that is apparent on the record.
1546	(c) The employee will faithfully abide by the arbitration
1547	order unless otherwise determined by a court of competent
1548	jurisdiction.
1549	(3) Upon receipt of the arbitration request, the division
1550	shall provide written notice to the agency against which a
1551	request is made regarding the employee request for binding
1552	arbitration. Failure of the agency to meet established
1553	deadlines as set forth by the Department of Management Services
1554	rules shall bind that agency by the stipulations contained in
1555	the arbitration request form.
1556	(4) The employer bears the burden of establishing by a
1557	preponderance of the evidence that the agency action met
1558	criteria established by the Department of Management Services.
1559	(5) Any party may be represented by counsel or another
1560	appointed representative. The arbitrator must complete all
1561	arbitration of the employee's claims raised in the request
1562	within 60 days after receipt of the claim. The arbitrator may
1563	extend the 60-day period upon request of the parties or at the
1564	request of one party, after a hearing on that party's request
1565	for extension.
1566	(6)(a) The arbitrator selected by the division shall be
1567	provided by the private sector and rotated from a pool of
1568	approved lists maintained by the Department of Management
1569	Services. Each selected arbitrator must, at a minimum, meet the
1570	following requirements:
1571	1. Completion of a Florida Supreme Court certified circuit
1572	or county arbitration program, or other arbitration program
1573	approved by the division, in addition to a minimum of 1 day of
1574	training in the application of this chapter and chapter 447 and
1575	any rules adopted thereunder.
1576	2. Compliance with the Code of Ethics for Arbitrators in
1577	Employment Disputes published by the American Arbitration
1578	Association and the American Bar Association in 1977, as
1579	amended.
1580	(b) The arbitrator shall have authority to commence and
1581	adjourn the arbitration hearing. The arbitrator shall not have
1582	authority to hold any person in contempt or to in any way impose
1583	sanctions against any person.
1584	(c) The arbitrator shall schedule all arbitration
1585	proceedings, including the date, time, and location of such
1586	proceedings and provide notice of the arbitration proceeding to
1587	the parties at least 5 days in advance of the hearing date,
1588	unless otherwise agreed to by the parties. The arbitrator has
1589	the discretion to grant a continuance for reasonable cause.
1590	(d) The arbitrator may set a preliminary conference and
1591	require all parties to file a statement of position prior to the
1592	conference. The statement of position may include stipulations
1593	of the parties to uncontested facts and applicable law,
1594	citations to all governing statutory or regulatory laws that
1595	control the controversy, a list of issues of fact and law that
1596	are in dispute, any proposals designed to expedite the
1597	arbitration process, a list of documents exchanged by the
1598	parties and a schedule for the delivery of any additional
1599	relevant documents, identification of witnesses expected to be
1600	called during the arbitration proceeding accompanied by a short
1601	summary of their expected testimony, and any other matters
1602	specified by the arbitrator.
1603	(7) Unless otherwise provided in the decision, the
1604	decision shall become final 10 days after its execution.
1605	(8) The duties of the division in administering binding
1606	arbitration pursuant to this section include, but are not
1607	limited to, the following:
1608	(a) Supporting the arbitration process, including the
1609	filing and noticing of all arbitration requests, objections, and
1610	other party communications, and the selection of the arbitrator.
1611	(b) Providing for the selection of the arbitrator, which
1612	includes:
1613	1. Providing selection notice to all parties, the
1614	arbitrator, and participants.
1615	2. Securing a signed disclosure statement from each
1616	appointed arbitrator describing any circumstances likely to
1617	affect impartiality, including any bias or any financial or
1618	personal interest with either party or any present or past
1619	relationship with the employee seeking binding arbitration, and
1620	making these disclosure statements available to the parties. The
1621	duty to disclose shall be a continuing obligation throughout the
1622	arbitration process.
1623	3. Filling vacancies.
1624	4. Compensating arbitrators, provided that an arbitrator's
1625	fees and expenses shall be reasonable, for case preparation,
1626	prehearing conferences, hearings, and preparation of the
1627	arbitration order.
1628	5. Making an electronic recording of each arbitration
1629	proceeding, including preconference hearings, even when a party
1630	chooses to make a stenographic recording of the arbitration
1631	proceeding at that party's expense.
1632	(c) Publishing the final arbitration order submitted to
1633	the division and both parties by the arbitrator.
1634	(9) The division shall maintain records of each dispute
1635	submitted to binding arbitration, including the recordings of
1636	the arbitration hearings. All records maintained by the
1637	division under this section shall be public records and shall be
1638	available for inspection upon reasonable notice.
1639	(10) The arbitration proceedings shall be governed by the
1640	following procedural requirements:
1641	(a) A party may object to the arbitrator based on the
1642	arbitrator's past or present, direct or indirect, relationship
1643	with either party or either party's attorney, whether that
1644	relationship was or is financial, professional, or social. The
1645	division shall consider any objection to the arbitrator,
1646	determine its validity, and notify the parties of its
1647	determination. If the objection is determined valid, the
1648	division shall appoint another arbitrator.
1649	(b) The arbitrator has the power to issue subpoenas, and
1650	to effect discovery on the written request of any party by any
1651	means available to the courts and in the manner provided in the
1652	Florida Rules of Civil Procedure, including the imposition of
1653	sanctions, excluding contempt. Fees for attendance of witnesses
1654	shall be the same as that provided in civil actions in circuit
1655	courts of this state.
1656	(c) At all arbitration proceedings, the parties may
1657	present oral and written testimony, present witnesses and
1658	evidence relevant to the dispute, cross-examine witnesses, and
1659	be represented by counsel. The arbitrator shall record the
1660	arbitration hearing and shall have the power to administer
1661	oaths.
1662	(d) The arbitrator may continue a hearing on his or her
1663	own motion or upon the request of the party for good cause
1664	shown. A request for continuance by the employee constitutes a
1665	waiver of the 60-day time period for completion of all
1666	arbitration proceedings authorized under this section.
1667	(e) The decision shall be rendered within 10 days after
1668	the closing of the hearing. The decision shall be in writing on
1669	a form prescribed or adopted by the division. The arbitrator
1670	shall send a copy of the decision to the parties by registered
1671	mail.
1672	(f) Unless otherwise provided, the arbitration decision
1673	and any appeals thereof are exempt from the provisions of
1674	chapter 120.
1675	(11)(a) The division shall establish rules of procedure
1676	governing the arbitration process. Such rules shall include, but
1677	are not limited to:
1678	1. The exchange and filing of information among the
1679	parties.
1680	2. Discovery.
1681	3. Offering evidence.
1682	4. Calling and excluding witnesses.
1683	5. Submitting evidence by affidavit.
1684	6. Attendance of the parties and witnesses.
1685	7. The order of proceedings.
1686	(b) The division may adopt additional rules to implement
1687	this section.
1688	(12) Either party may make application to the circuit
1689	court for the county in which one of the parties resides or has
1690	a place of business, or the county where the arbitration hearing
1691	was held, for an order enforcing, vacating, or modifying the
1692	arbitration decision. Such application must be filed within 30
1693	days after the later of the moving party's receipt of the
1694	written decision or the date the decision becomes final. Upon
1695	entry of any judgment or decree, the moving party shall mail a
1696	copy of such judgment or decree to the division. A review of
1697	such application to circuit court shall be limited to review on
1698	the record and not de novo, of:
1699	(a) Any alleged failure of the arbitrator to comply with
1700	the applicable rules of procedure or evidence.
1701	(b) Any alleged partiality or misconduct by an arbitrator
1702	prejudicing the rights of any party.
1703	(c) Whether the decision reaches a result contrary to the
1704	United States Constitution or the Florida Constitution.
1705
1706	If the arbitrator fails to state findings or reasons for the
1707	stated decision, or the findings and reasons are inadequate, the
1708	court shall search the record to determine whether a basis
1709	exists to uphold the decision.
1710	(13) The division and the arbitrator shall have absolute
1711	immunity from liability arising from the performance of their
1712	duties while acting within the scope of their appointed function
1713	in any arbitration conducted under this section.
1714	Section 61. Paragraph (b) of subsection (3) and paragraph
1715	(e) of subsection (6) of section 20.315, Florida Statutes, are
1716	amended to read:
1717	20.315 Department of Corrections.--There is created a
1718	Department of Corrections.
1719	(3) SECRETARY OF CORRECTIONS.--The head of the Department
1720	of Corrections is the Secretary of Corrections. The secretary is
1721	appointed by the Governor, subject to confirmation by the
1722	Senate, and shall serve at the pleasure of the Governor. The
1723	secretary is responsible for planning, coordinating, and
1724	managing the corrections system of the state. The secretary
1725	shall ensure that the programs and services of the department
1726	are administered in accordance with state and federal laws,
1727	rules, and regulations, with established program standards, and
1728	consistent with legislative intent. The secretary shall identify
1729	the need for and recommend funding for the secure and efficient
1730	operation of the state correctional system.
1731	(b) The secretary shall appoint a general counsel and an
1732	inspector general, who are exempt from part II of chapter109
1733	110 and are included in the Senior Management Service.
1734	(6) FLORIDA CORRECTIONS COMMISSION.--
1735	(e) The commission shall appoint an executive director and
1736	an assistant executive director, who shall serve under the
1737	direction, supervision, and control of the commission. The
1738	executive director, with the consent of the commission, shall
1739	employ such staff as are necessary to perform adequately the
1740	functions of the commission, within budgetary limitations. All
1741	employees of the commission are exempt from part II of chapter
1742	109110and serve at the pleasure of the commission.The
1743	salaries and benefits of all employees of the commission shall
1744	be set in accordance with the Selected Exempt Service rules;
1745	however,The commission shall have complete authority for fixing
1746	the salaries of the executive director and the assistant
1747	executive director. The executive director and staff of the Task
1748	Force for Review of the Criminal Justice and Corrections System,
1749	created under chapter 93-404, Laws of Florida, shall serve as
1750	the staff for the commission until the commission hires an
1751	executive director.
1752	Section 62. Paragraph (d) of subsection (19) of section
1753	24.105, Florida Statutes, is amended to read:
1754	24.105 Powers and duties of department.--The department
1755	shall:
1756	(19) Employ division directors and other staff as may be
1757	necessary to carry out the provisions of this act; however:
1758	(d) The department shall establish and maintain a
1759	personnel program for its employees, including a personnel
1760	classification and pay plan which may provide any or all of the
1761	benefits provided in the Senior Management Service or Selected
1762	Exempt Service. Each officer or employee of the department shall
1763	be a member of the Florida Retirement System. The retirement
1764	class of each officer or employee shall be the same as other
1765	persons performing comparable functions for other agencies.
1766	Employees of the department shall serve at the pleasure of the
1767	secretary and shall be subject to suspension, dismissal,
1768	reduction in pay, demotion, transfer, or other personnel action
1769	at the discretion of the secretary. Such personnel actions are
1770	exempt from the provisions of chapter 120. All employees of the
1771	department are exempt from the Career Service System provided in
1772	chapter109110 and, notwithstanding the provisions of s.
1773	110.205(5), are not included in either the Senior Management
1774	Service or the Selected Exempt Service. However, all employees
1775	of the department are subject to all standards of conduct
1776	adopted by rule for career serviceand senior management
1777	employees pursuant to chapter109110. In the event of a
1778	conflict between standards of conduct applicable to employees of
1779	the Department of the Lottery the more restrictive standard
1780	shall apply. Interpretations as to the more restrictive standard
1781	may be provided by the Commission on Ethics upon request of an
1782	advisory opinion pursuant to s. 112.322(3)(a), for purposes of
1783	this subsection the opinion shall be considered final action.
1784	Section 63. Paragraph (d) of subsection (4) of section
1785	24.122, Florida Statutes, is amended to read:
1786	24.122 Exemption from taxation; state preemption;
1787	inapplicability of other laws.--
1788	(4) Any state or local law providing any penalty,
1789	disability, restriction, or prohibition for the possession,
1790	manufacture, transportation, distribution, advertising, or sale
1791	of any lottery ticket, including chapter 849, shall not apply to
1792	the tickets of the state lottery operated pursuant to this act;
1793	nor shall any such law apply to the possession of a ticket
1794	issued by any other government-operated lottery. In addition,
1795	activities of the department under this act are exempt from the
1796	provisions of:
1797	(d) Section109.131110.131, relating to other personal
1798	services.
1799	Section 64. Paragraph (a) of subsection (2) of section
1800	63.097, Florida Statutes, is amended to read:
1801	63.097 Fees.--
1802	(2) The following fees, costs, and expenses may be
1803	assessed by the adoption entity or paid by the adoption entity
1804	on behalf of the prospective adoptive parents:
1805	(a) Reasonable living expenses of the birth mother which
1806	the birth mother is unable to pay due to unemployment,
1807	underemployment, or disability due to the pregnancy which is
1808	certified by a medical professional who has examined the birth
1809	mother, or any other disability defined in s.109.215110.215.
1810	Reasonable living expenses are rent, utilities, basic telephone
1811	service, food, necessary clothing, transportation, and expenses
1812	found by the court to be necessary for the health of the unborn
1813	child.
1814	Section 65. Subsection (1) of section 68.087, Florida
1815	Statutes, is amended to read:
1816	68.087 Exemptions to civil actions.--
1817	(1) No court shall have jurisdiction over an action
1818	brought under this act against a member of the Legislature, a
1819	member of the judiciary, or a senior executive branch official
1820	if the action is based on evidence or information known to the
1821	state government when the action was brought.For purposes of
1822	this subsection, the term "senior executive branch official"
1823	means any person employed in the executive branch of government
1824	holding a position in the Senior Management Service as defined
1825	in s. 110.402.
1826	Section 66. Subsection (3) of section 104.31, Florida
1827	Statutes, is amended to read:
1828	104.31 Political activities of state, county, and
1829	municipal officers and employees.--
1830	(3) Nothing contained in this section or in any county or
1831	municipal charter shall be deemed to prohibit any public
1832	employee from expressing his or her opinions on any candidate or
1833	issue or from participating in any political campaign during the
1834	employee's off-duty hours, so long as such activities are not in
1835	conflict with the provisions of subsection (1) or s.109.233
1836	110.233.
1837	Section 67. Subsection (3) of section 106.082, Florida
1838	Statutes, is amended to read:
1839	106.082 Commissioner of Agriculture candidates; campaign
1840	contribution limits.--
1841	(3) No employee of the Department of Agriculture may
1842	solicit a campaign contribution for any candidate for the office
1843	of Commissioner of Agriculture from any person or business who
1844	is licensed, inspected, or otherwise authorized to do business
1845	as a food outlet or convenience store pursuant to chapter 500;
1846	or any director, officer, lobbyist, or controlling interest of
1847	that person; or any political committee or committee of
1848	continuous existence that represents that person. For purposes
1849	of this section, "employee of the department" means any person
1850	employed in the Department of Agricultureholding a position in
1851	the Senior Management Service as defined in s. 110.402; any
1852	person holding a position in the Selected Exempt Service as
1853	defined in s. 110.602; any personhaving authority over food
1854	outlet or convenience store regulation, or inspection
1855	supervision; or any person, hired on a contractual basis, having
1856	the power normally conferred upon such person, by whatever
1857	title.
1858	Section 68. Subsection (4) of section 106.24, Florida
1859	Statutes, is amended to read:
1860	106.24 Florida Elections Commission; membership; powers;
1861	duties.--
1862	(4) The commission shall appoint an executive director,
1863	who shall serve under the direction, supervision, and control of
1864	the commission. The executive director, with the consent of the
1865	commission, shall employ such staff as are necessary to
1866	adequately perform the functions of the commission, within
1867	budgetary limitations. All employees, except the executive
1868	director and attorneys, are subject to part II of chapter109
1869	110. The executive director shall serve at the pleasure of the
1870	commissionand be subject to part III of chapter 110, except
1871	that the commission shall have complete authority for setting
1872	the executive director's salary.Attorneys employed by the
1873	commission shall be subject to part V of chapter 110.
1874	Section 69. Subsection (4) of section 112.044, Florida
1875	Statutes, is amended to read:
1876	112.044 Public employers, employment agencies, labor
1877	organizations; discrimination based on age prohibited;
1878	exceptions; remedy.--
1879	(4) APPEAL; CIVIL SUIT AUTHORIZED.--Any employee of the
1880	state who is within the Career Service System established by
1881	chapter109110and who is aggrieved by a violation of this act
1882	may appeal to the Public Employees Relations Commission under
1883	the conditions and following the procedures prescribed in part
1884	II of chapter 447. Any person other than an employee who is
1885	within the Career Service System established by chapter109110,
1886	or any person employed by the Public Employees Relations
1887	Commission, who is aggrieved by a violation of this act may
1888	bring a civil action in any court of competent jurisdiction for
1889	such legal or equitable relief as will effectuate the purposes
1890	of this act.
1891	Section 70. Subsection (2) of section 20.255, Florida
1892	Statutes, is amended to read:
1893	20.255 Department of Environmental Protection.--There is
1894	created a Department of Environmental Protection.
1895	(2)(a) There shall be three deputy secretaries who are to
1896	be appointed by and shall serve at the pleasure of the
1897	secretary. The secretary may assign any deputy secretary the
1898	responsibility to supervise, coordinate, and formulate policy
1899	for any division, office, or district. The following special
1900	offices are established and headed by managers, each of whom is
1901	to be appointed by and serve at the pleasure of the secretary:
1902	1. Office of Chief of Staff,
1903	2. Office of General Counsel,
1904	3. Office of Inspector General,
1905	4. Office of External Affairs,
1906	5. Office of Legislative and Government Affairs, and
1907	6. Office of Greenways and Trails.
1908	(b) There shall be six administrative districts involved
1909	in regulatory matters of waste management, water resource
1910	management, wetlands, and air resources, which shall be headed
1911	by managers, each of whom is to be appointed by and serve at the
1912	pleasure of the secretary. Divisions of the department may have
1913	one assistant or two deputy division directors, as required to
1914	facilitate effective operation.
1915
1916	The managers of all divisions and offices specifically named in
1917	this section and the directors of the six administrative
1918	districts are exempt from part II of chapter109110 and are
1919	included in the Senior Management Service in accordance with s.
1920	110.205(2)(j).
1921	Section 71. Paragraph (a) of subsection (9) of section
1922	112.313, Florida Statutes, is amended to read:
1923	112.313 Standards of conduct for public officers,
1924	employees of agencies, and local government attorneys.--
1925	(9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
1926	LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
1927	(a)1. It is the intent of the Legislature to implement by
1928	statute the provisions of s. 8(e), Art. II of the State
1929	Constitution relating to legislators, statewide elected
1930	officers, appointed state officers, and designated public
1931	employees.
1932	2. As used in this paragraph:
1933	a. "Employee" means:
1934	(I)Any person employed in the executive or legislative
1935	branch of government holding a position in the Senior Management
1936	Service as defined in s. 110.402 orAny person holding a
1937	position in the Selected Exempt Service as defined in s.109.602
1938	110.602or any person having authority over policy or
1939	procurement employed by the Department of the Lottery.
1940	(II) The Auditor General, the director of the Office of
1941	Program Policy Analysis and Government Accountability, the
1942	Sergeant at Arms and Secretary of the Senate, and the Sergeant
1943	at Arms and Clerk of the House of Representatives.
1944	(III) The executive director of the Legislative Committee
1945	on Intergovernmental Relations and the executive director and
1946	deputy executive director of the Commission on Ethics.
1947	(IV) An executive director, staff director, or deputy
1948	staff director of each joint committee, standing committee, or
1949	select committee of the Legislature; an executive director,
1950	staff director, executive assistant, analyst, or attorney of the
1951	Office of the President of the Senate, the Office of the Speaker
1952	of the House of Representatives, the Senate Majority Party
1953	Office, Senate Minority Party Office, House Majority Party
1954	Office, or House Minority Party Office; or any person, hired on
1955	a contractual basis, having the power normally conferred upon
1956	such persons, by whatever title.
1957	(V) The Chancellor and Vice Chancellors of the State
1958	University System; the general counsel to the Board of Regents;
1959	and the president, vice presidents, and deans of each state
1960	university.
1961	(VI) Any person having the power normally conferred upon
1962	the positions referenced in this sub-subparagraph.
1963	b. "Appointed state officer" means any member of an
1964	appointive board, commission, committee, council, or authority
1965	of the executive or legislative branch of state government whose
1966	powers, jurisdiction, and authority are not solely advisory and
1967	include the final determination or adjudication of any personal
1968	or property rights, duties, or obligations, other than those
1969	relative to its internal operations.
1970	c. "State agency" means an entity of the legislative,
1971	executive, or judicial branch of state government over which the
1972	Legislature exercises plenary budgetary and statutory control.
1973	3. No member of the Legislature, appointed state officer,
1974	or statewide elected officer shall personally represent another
1975	person or entity for compensation before the government body or
1976	agency of which the individual was an officer or member for a
1977	period of 2 years following vacation of office. No member of the
1978	Legislature shall personally represent another person or entity
1979	for compensation during his or her term of office before any
1980	state agency other than judicial tribunals or in settlement
1981	negotiations after the filing of a lawsuit.
1982	4. No agency employee shall personally represent another
1983	person or entity for compensation before the agency with which
1984	he or she was employed for a period of 2 years following
1985	vacation of position, unless employed by another agency of state
1986	government.
1987	5. Any person violating this paragraph shall be subject to
1988	the penalties provided in s. 112.317 and a civil penalty of an
1989	amount equal to the compensation which the person receives for
1990	the prohibited conduct.
1991	6. This paragraph is not applicable to:
1992	a. A person employed by the Legislature or other agency
1993	prior to July 1, 1989;
1994	b. A person who was employed by the Legislature or other
1995	agency on July 1, 1989, whether or not the person was a defined
1996	employee on July 1, 1989;
1997	c. A person who was a defined employee of the State
1998	University System or the Public Service Commission who held such
1999	employment on December 31, 1994;
2000	d. A person who has reached normal retirement age as
2001	defined in s. 121.021(29), and who has retired under the
2002	provisions of chapter 121 by July 1, 1991; or
2003	e. Any appointed state officer whose term of office began
2004	before January 1, 1995, unless reappointed to that office on or
2005	after January 1, 1995.
2006	Section 72. Paragraph (a) of subsection (5) of section
2007	112.3189, Florida Statutes, is amended to read:
2008	112.3189 Investigative procedures upon receipt of whistle-
2009	blower information from certain state employees.--
2010	(5)(a) If the Chief Inspector General or agency inspector
2011	general under subsection (3) determines that the information
2012	disclosed is the type of information described in s.
2013	112.3187(5), that the source of the information is from a person
2014	who is an employee or former employee of, or an applicant for
2015	employment with, a state agency, as defined in s. 216.011, and
2016	that the information disclosed demonstrates reasonable cause to
2017	suspect that an employee or agent of an agency or independent
2018	contractor has violated any federal, state, or local law, rule,
2019	or regulation, thereby creating a substantial and specific
2020	danger to the public's health, safety, or welfare, or has
2021	committed an act of gross mismanagement, malfeasance,
2022	misfeasance, gross waste of public funds, or gross neglect of
2023	duty, the Chief Inspector General or agency inspector general
2024	making such determination shall then conduct an investigation,
2025	unless the Chief Inspector General or the agency inspector
2026	general determines, within 30 days after receiving the
2027	allegations from the complainant, that such investigation is
2028	unnecessary. For purposes of this subsection, the Chief
2029	Inspector General or the agency inspector general shall consider
2030	the following factors, but is not limited to only the following
2031	factors, when deciding whether the investigation is not
2032	necessary:
2033	1. The gravity of the disclosed information compared to
2034	the time and expense of an investigation.
2035	2. The potential for an investigation to yield
2036	recommendations that will make state government more efficient
2037	and effective.
2038	3. The benefit to state government to have a final report
2039	on the disclosed information.
2040	4. Whether the alleged whistle-blower information
2041	primarily concerns personnel practices that may be investigated
2042	under chapter109110.
2043	5. Whether another agency may be conducting an
2044	investigation and whether any investigation under this section
2045	could be duplicative.
2046	6. The time that has elapsed between the alleged event and
2047	the disclosure of the information.
2048	Section 73. Paragraph (a) of subsection (2) of section
2049	112.363, Florida Statutes, is amended to read:
2050	112.363 Retiree health insurance subsidy.--
2051	(2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.--
2052	(a) A person who is retired under a state-administered
2053	retirement system, or a beneficiary who is a spouse or financial
2054	dependent entitled to receive benefits under a state-
2055	administered retirement system, is eligible for health insurance
2056	subsidy payments provided under this section; except that
2057	pension recipients under ss. 121.40, 238.07(16)(a), and 250.22,
2058	recipients of health insurance coverage under s.109.1232
2059	110.1232, or any other special pension or relief act shall not
2060	be eligible for such payments.
2061	Section 74. Subsection (38) of section 121.021, Florida
2062	Statutes, is amended to read:
2063	121.021 Definitions.--The following words and phrases as
2064	used in this chapter have the respective meanings set forth
2065	unless a different meaning is plainly required by the context:
2066	(38) "Continuous service" means creditable service as a
2067	member, beginning with the first day of employment with an
2068	employer covered under a state-administered retirement system
2069	consolidated herein and continuing for as long as the member
2070	remains in an employer-employee relationship with an employer
2071	covered under this chapter. An absence of 1 calendar month or
2072	more from an employer's payroll shall be considered a break in
2073	continuous service, except for periods of absence during which
2074	an employer-employee relationship continues to exist and such
2075	period of absence is creditable under this chapter or under one
2076	of the existing systems consolidated herein. However, a law
2077	enforcement officer as defined in s. 121.0515(2)(a) who was a
2078	member of a state-administered retirement system under chapter
2079	122 or chapter 321 and who resigned and was subsequently
2080	reemployed in a law enforcement position within 12 calendar
2081	months of such resignation by an employer under such state-
2082	administered retirement system shall be deemed to have not
2083	experienced a break in service. Further, with respect to a
2084	state-employed law enforcement officer who meets the criteria
2085	specified in s. 121.0515(2)(a), if the absence from the
2086	employer's payroll is the result of a "layoff" as defined in s.
2087	109.203(24)110.203(24)or a resignation to run for an elected
2088	office that meets the criteria specified in s. 121.0515(2)(a),
2089	no break in continuous service shall be deemed to have occurred
2090	if the member is reemployed as a state law enforcement officer
2091	or is elected to an office which meets the criteria specified in
2092	s. 121.0515(2)(a) within 12 calendar months after the date of
2093	the layoff or resignation, notwithstanding the fact that such
2094	period of layoff or resignation is not creditable service under
2095	this chapter. A withdrawal of contributions will constitute a
2096	break in service. Continuous service also includes past service
2097	purchased under this chapter, provided such service is
2098	continuous within this definition and the rules established by
2099	the administrator. The administrator may establish
2100	administrative rules and procedures for applying this definition
2101	to creditable service authorized under this chapter. Any
2102	correctional officer, as defined in s. 943.10, whose
2103	participation in the state-administered retirement system is
2104	terminated due to the transfer of a county detention facility
2105	through a contractual agreement with a private entity pursuant
2106	to s. 951.062, shall be deemed an employee with continuous
2107	service in the Special Risk Class, provided return to employment
2108	with the former employer takes place within 3 years due to
2109	contract termination or the officer is employed by a covered
2110	employer in a special risk position within 1 year after his or
2111	her initial termination of employment by such transfer of its
2112	detention facilities to the private entity.
2113	Section 75. Paragraph (b) of subsection (3) of section
2114	121.0515, Florida Statutes, is amended to read:
2115	121.0515 Special risk membership.--
2116	(3) PROCEDURE FOR DESIGNATING.--
2117	(b)1. Applying the criteria set forth in this section, the
2118	Department of Management Services shall specify which current
2119	and newly created classes of positions under the uniform
2120	classification plan established pursuant to chapter109110
2121	entitle the incumbents of positions in those classes to
2122	membership in the Special Risk Class. Only employees employed in
2123	the classes so specified shall be special risk members.
2124	2. When a class is not specified by the department as
2125	provided in subparagraph 1., the employing agency may petition
2126	the State Retirement Commission for approval in accordance with
2127	s. 121.23.
2128	Section 76. Paragraph (a) of subsection (1) of section
2129	121.055, Florida Statutes, is amended to read:
2130	121.055 Senior Management Service Class.--There is hereby
2131	established a separate class of membership within the Florida
2132	Retirement System to be known as the "Senior Management Service
2133	Class," which shall become effective February 1, 1987.
2134	(1)(a) Participation in the Senior Management Service
2135	Class shall be limited to and compulsory for any member of the
2136	Florida Retirement System who holds a position in the Senior
2137	Management Service of the State of Florida, established by part
2138	III of chapter109110, unless such member elects, within the
2139	time specified herein, to participate in the Senior Management
2140	Service Optional Annuity Program as established in subsection
2141	(6).
2142	Section 77. Paragraph (a) of subsection (2) of section
2143	121.35, Florida Statutes, is amended to read:
2144	121.35 Optional retirement program for the State
2145	University System.--
2146	(2) ELIGIBILITY FOR PARTICIPATION IN OPTIONAL PROGRAM.--
2147	(a) Participation in the optional retirement program
2148	provided by this section shall be limited to persons who are
2149	otherwise eligible for membership in the Florida Retirement
2150	System; who are employed or appointed for no less than one
2151	academic year; and who are employed in one of the following
2152	State University System positions:
2153	1. Positions classified as instructional and research
2154	faculty which are exempt from the career service under the
2155	provisions of s.109.205(2)(d)110.205(2)(d).
2156	2. Positions classified as administrative and professional
2157	which are exempt from the career service under the provisions of
2158	s.109.205(2)(d)110.205(2)(d).
2159	3. The Chancellor and the university presidents.
2160	Section 78. Subsection (5) of section 215.94, Florida
2161	Statutes, is amended to read:
2162	215.94 Designation, duties, and responsibilities of
2163	functional owners.--
2164	(5) The Department of Management Services shall be the
2165	functional owner of the Cooperative Personnel Employment
2166	Subsystem. The department shall design, implement, and operate
2167	the subsystem in accordance with the provisions of ss.109.116
2168	110.116and 215.90-215.96. The subsystem shall include, but
2169	shall not be limited to, functions for:
2170	(a) Maintenance of employee and position data, including
2171	funding sources and percentages and salary lapse. The employee
2172	data shall include, but not be limited to, information to meet
2173	the payroll system requirements of the Department of Banking and
2174	Finance and to meet the employee benefit system requirements of
2175	the Department of Management Services.
2176	(b) Recruitment and examination.
2177	(c) Time reporting.
2178	(d) Collective bargaining.
2179	Section 79. Subsection (2) of section 216.011, Florida
2180	Statutes, is amended to read:
2181	216.011 Definitions.--
2182	(2) For purposes of this chapter, terms related to
2183	personnel affairs of the state shall be defined as set forth in
2184	s.109.203110.203.
2185	Section 80. Section 112.0805, Florida Statutes, is amended
2186	to read:
2187	112.0805 Employer notice of insurance eligibility to
2188	employees who retire.--Any employer who provides insurance
2189	coverage under s.109.123110.123or s. 112.0801 shall notify
2190	those employees who retire of their eligibility to participate
2191	in either the same group insurance plan or self-insurance plan
2192	as provided in ss.109.123110.123and 112.0801, or the
2193	insurance coverage as provided by this law.
2194	Section 81. Paragraph (a) of subsection (2) of section
2195	216.251, Florida Statutes, is amended to read:
2196	216.251 Salary appropriations; limitations.--
2197	(2)(a) The salary for each position not specifically
2198	indicated in the appropriations acts shall be as provided in one
2199	of the following subparagraphs:
2200	1. Within the classification and pay plans provided for in
2201	chapter109110.
2202	2. Within the classification and pay plans established by
2203	the Board of Trustees for the Florida School for the Deaf and
2204	the Blind of the Department of Education and approved by the
2205	State Board of Education for academic and academic
2206	administrative personnel.
2207	3. Within the classification and pay plan approved and
2208	administered by the Board of Regents for those positions in the
2209	State University System.
2210	4. Within the classification and pay plan approved by the
2211	President of the Senate and the Speaker of the House of
2212	Representatives, as the case may be, for employees of the
2213	Legislature.
2214	5. Within the approved classification and pay plan for the
2215	judicial branch.
2216	6. The salary of all positions not specifically included
2217	in this subsection shall be set by the commission or by the
2218	Chief Justice for the judicial branch.
2219	Section 82. Subsection (9) of section 1001.28, Florida
2220	Statutes, is amended to read:
2221	1001.28 Distance learning duties.--The duties of the
2222	Department of Education concerning distance learning include,
2223	but are not limited to, the duty to:
2224	(9) Hire appropriate staff which may include a position
2225	that shall be exempt from part II of chapter109110 and is
2226	included in the Senior Management Service in accordance with s.
2227	110.205.
2228	Section 83. Subsection (19) of section 1001.74, Florida
2229	Statutes, is amended to read:
2230	1001.74 Powers and duties of university boards of
2231	trustees.--
2232	(19) Each board of trustees shall establish the personnel
2233	program for all employees of the university, including the
2234	president, pursuant to the provisions of chapter 1012 and, in
2235	accordance with rules and guidelines of the State Board of
2236	Education, including: compensation and other conditions of
2237	employment, recruitment and selection, nonreappointment,
2238	standards for performance and conduct, evaluation, benefits and
2239	hours of work, leave policies, recognition and awards,
2240	inventions and works, travel, learning opportunities, exchange
2241	programs, academic freedom and responsibility, promotion,
2242	assignment, demotion, transfer, tenure and permanent status,
2243	ethical obligations and conflicts of interest, restrictive
2244	covenants, disciplinary actions, complaints, appeals and
2245	grievance procedures, and separation and termination from
2246	employment. The Department of Management Services shall retain
2247	authority over state university employees for programs
2248	established in ss.109.123, 109.1232, 109.1234, and 109.1238
2249	110.123, 110.1232, 110.1234, and 110.1238and in chapters 121,
2250	122, and 238.
2251	Section 84. Paragraph (f) of subsection (4) of section
2252	1002.36, Florida Statutes, is amended to read:
2253	1002.36 Florida School for the Deaf and the Blind.--
2254	(4) BOARD OF TRUSTEES.--
2255	(f) The board of trustees shall:
2256	1. Prepare and submit legislative budget requests,
2257	including fixed capital outlay requests, in accordance with
2258	chapter 216 and s. 1013.60.
2259	2. Administer and maintain personnel programs for all
2260	employees of the board of trustees and the Florida School for
2261	the Deaf and the Blind who shall be state employees, including
2262	the personnel classification and pay plan established in
2263	accordance with ss.109.205(2)(d)110.205(2)(d)and
2264	216.251(2)(a)2. for academic and academic administrative
2265	personnel, the provisions of chapter109110, and the provisions
2266	of law that grant authority to the Department of Management
2267	Services over such programs for state employees.
2268	3. Adopt a master plan which specifies the mission and
2269	objectives of the Florida School for the Deaf and the Blind. The
2270	plan shall include, but not be limited to, procedures for
2271	systematically measuring the school's progress toward meeting
2272	its objectives, analyzing changes in the student population, and
2273	modifying school programs and services to respond to such
2274	changes. The plan shall be for a period of 5 years and shall be
2275	reviewed for needed modifications every 2 years. The board of
2276	trustees shall submit the initial plan and subsequent
2277	modifications to the Speaker of the House of Representatives and
2278	the President of the Senate.
2279	4. Seek the advice of the Division of Public Schools
2280	within the Department of Education.
2281	Section 85. Section 1012.62, Florida Statutes, is amended
2282	to read:
2283	1012.62 Transfer of sick leave and annual leave.--In
2284	implementing the provisions of ss. 402.22(1)(d) and
2285	1001.42(4)(n), educational personnel in Department of Children
2286	and Family Services residential care facilities who are employed
2287	by a district school board may request, and the district school
2288	board shall accept, a lump-sum transfer of accumulated sick
2289	leave for such personnel to the maximum allowed by policies of
2290	the district school board, notwithstanding the provisions of s.
2291	109.122110.122. Educational personnel in Department of Children
2292	and Family Services residential care facilities who are employed
2293	by a district school board under the provisions of s.
2294	402.22(1)(d) may request, and the district school board shall
2295	accept, a lump-sum transfer of accumulated annual leave for each
2296	person employed by the district school board in a position in
2297	the district eligible to accrue vacation leave under policies of
2298	the district school board.
2299	Section 86. Section 1012.96, Florida Statutes, is amended
2300	to read:
2301	1012.96 IFAS extension personnel; federal health insurance
2302	programs notwithstanding the provisions of s.109.123
2303	110.123.--The Institute of Food and Agricultural Sciences at the
2304	University of Florida may pay the employer's share of premiums
2305	to the Federal Health Benefits Insurance Program from its
2306	appropriated budget for any cooperative extension employee of
2307	the institute having both state and federal appointments and
2308	participating in the Federal Civil Service Retirement System.
2309	Section 87. Subsection (2) of section 260.0125, Florida
2310	Statutes, is amended to read:
2311	260.0125 Limitation on liability of private landowners
2312	whose property is designated as part of the statewide system of
2313	greenways and trails.--
2314	(2) Any private landowner who consents to designation of
2315	his or her land as part of the statewide system of greenways and
2316	trails pursuant to s. 260.016(2)(d) without compensation shall
2317	be considered a volunteer, as defined in s.109.501110.501, and
2318	shall be covered by state liability protection pursuant to s.
2319	768.28, including s. 768.28(9).
2320	Section 88. Section 287.175, Florida Statutes, is amended
2321	to read:
2322	287.175 Penalties.--A violation of this part or a rule
2323	adopted hereunder, pursuant to applicable constitutional and
2324	statutory procedures, constitutes misuse of public position as
2325	defined in s. 112.313(6), and is punishable as provided in s.
2326	112.317. The Comptroller shall report incidents of suspected
2327	misuse to the Commission on Ethics, and the commission shall
2328	investigate possible violations of this part or rules adopted
2329	hereunder when reported by the Comptroller, notwithstanding the
2330	provisions of s. 112.324. Any violation of this part or a rule
2331	adopted hereunder shall be presumed to have been committed with
2332	wrongful intent, but such presumption is rebuttable. Nothing in
2333	this section is intended to deny rights provided to career
2334	service employees by s.109.227110.227.
2335	Section 89. Paragraph (a) of subsection (4) of section
2336	295.07, Florida Statutes, is amended to read:
2337	295.07 Preference in appointment and retention.--
2338	(4) The following positions are exempt from this section:
2339	(a) Those positions that are exempt from the state Career
2340	Service System under s.109.205(2)110.205(2); however, all
2341	positions under the University Support Personnel System of the
2342	State University System as well as all Career Service System
2343	positions under the Florida Community College System and the
2344	School for the Deaf and the Blind are included.
2345	Section 90. Paragraph (b) of subsection (10) of section
2346	216.181, Florida Statutes, is amended to read:
2347	216.181 Approved budgets for operations and fixed capital
2348	outlay.--
2349	(10)
2350	(b) Lump-sum salary bonuses may be provided only if
2351	specifically appropriated or provided pursuant to s.109.1245
2352	110.1245or s. 216.1815.
2353	Section 91. Subsections (2) and (4) of section 296.34,
2354	Florida Statutes, are amended to read:
2355	296.34 Administrator; qualifications, duties, and
2356	responsibilities.--
2357	(2) The position shall be assigned to the Selected Exempt
2358	Service under part V of chapter109110. The director shall give
2359	veterans preference in selecting an administrator, as provided
2360	in ss. 295.07 and 295.085. The administrator, at the time of
2361	entering employment and at all times while employed as the
2362	administrator must hold a current valid license as a nursing
2363	home administrator under part II of chapter 468.
2364	(4) All employees who fill authorized and established
2365	positions appropriated for the home shall be state employees.
2366	The department shall classify such employees in the manner
2367	prescribed in chapter109110.
2368	Section 92. Subsection (5) of section 311.07, Florida
2369	Statutes, is amended to read:
2370	311.07 Florida seaport transportation and economic
2371	development funding.--
2372	(5) Any port which receives funding under the program
2373	shall institute procedures to ensure that jobs created as a
2374	result of the state funding shall be subject to equal
2375	opportunity hiring practices in the manner provided in s.
2376	109.112110.112. Section 93. Paragraph (c) of subsection (1)
2377	of section 338.2216, Florida Statutes, is amended to read:
2378	338.2216 Florida Turnpike Enterprise; powers and
2379	authority.--
2380	(1)
2381	(c) The executive director of the turnpike enterprise
2382	shall appoint a staff, which shall be exempt from part II of
2383	chapter109110. Among the staff shall be a chief financial
2384	officer, who must be a proven, effective administrator with
2385	demonstrated experience in financial management of a large
2386	bonded capital program and must hold an active license to
2387	practice public accounting in Florida pursuant to chapter 473.
2388	The turnpike enterprise staff shall also include the Office of
2389	Toll Operations.
2390	Section 94. Paragraph (c) of subsection (10) of section
2391	339.175, Florida Statutes, is amended to read:
2392	339.175 Metropolitan planning organization.--It is the
2393	intent of the Legislature to encourage and promote the safe and
2394	efficient management, operation, and development of surface
2395	transportation systems that will serve the mobility needs of
2396	people and freight within and through urbanized areas of this
2397	state while minimizing transportation-related fuel consumption
2398	and air pollution. To accomplish these objectives, metropolitan
2399	planning organizations, referred to in this section as M.P.O.'s,
2400	shall develop, in cooperation with the state and public transit
2401	operators, transportation plans and programs for metropolitan
2402	areas. The plans and programs for each metropolitan area must
2403	provide for the development and integrated management and
2404	operation of transportation systems and facilities, including
2405	pedestrian walkways and bicycle transportation facilities that
2406	will function as an intermodal transportation system for the
2407	metropolitan area, based upon the prevailing principles provided
2408	in s. 334.046(1). The process for developing such plans and
2409	programs shall provide for consideration of all modes of
2410	transportation and shall be continuing, cooperative, and
2411	comprehensive, to the degree appropriate, based on the
2412	complexity of the transportation problems to be addressed.
2413	(10) METROPOLITAN PLANNING ORGANIZATION ADVISORY
2414	COUNCIL.--
2415	(c) The powers and duties of the Metropolitan Planning
2416	Organization Advisory Council are to:
2417	1. Enter into contracts with individuals, private
2418	corporations, and public agencies.
2419	2. Acquire, own, operate, maintain, sell, or lease
2420	personal property essential for the conduct of business.
2421	3. Accept funds, grants, assistance, gifts, or bequests
2422	from private, local, state, or federal sources.
2423	4. Establish bylaws and adopt rules pursuant to ss.
2424	120.536(1) and 120.54 to implement provisions of law conferring
2425	powers or duties upon it.
2426	5. Assist M.P.O.'s in carrying out the urbanized area
2427	transportation planning process by serving as the principal
2428	forum for collective policy discussion pursuant to law.
2429	6. Serve as a clearinghouse for review and comment by
2430	M.P.O.'s on the Florida Transportation Plan and on other issues
2431	required to comply with federal or state law in carrying out the
2432	urbanized area transportation and systematic planning processes
2433	instituted pursuant to s. 339.155.
2434	7. Employ an executive director and such other staff as
2435	necessary to perform adequately the functions of the council,
2436	within budgetary limitations. The executive director and staff
2437	are exempt from part II of chapter109110and serve at the
2438	direction and control of the council. The council is assigned to
2439	the Office of the Secretary of the Department of Transportation
2440	for fiscal and accountability purposes, but it shall otherwise
2441	function independently of the control and direction of the
2442	department.
2443	8. Adopt an agency strategic plan that provides the
2444	priority directions the agency will take to carry out its
2445	mission within the context of the state comprehensive plan and
2446	any other statutory mandates and directions given to the agency.
2447	Section 95. Subsection (4) of section 343.74, Florida
2448	Statutes, is amended to read:
2449	343.74 Powers and duties.--
2450	(4) The authority shall institute procedures to ensure
2451	that jobs created as a result of state funding pursuant to this
2452	section shall be subject to equal opportunity hiring practices
2453	as provided for in s.109.112110.112.
2454	Section 96. Section 373.6065, Florida Statutes, is amended
2455	to read:
2456	373.6065 Adoption benefits for water management district
2457	employees.--
2458	(1) Any employee of a water management district is
2459	eligible to receive monetary benefits for child adoption to the
2460	same extent as is an employee of the state, as described in s.
2461	109.152110.152. The employee shall apply for such benefits
2462	pursuant to s.109.15201110.15201.
2463	(2) The Comptroller and the Department of Management
2464	Services shall transfer funds to water management districts to
2465	pay eligible water management district employees for these child
2466	adoption monetary benefits in accordance with s. 215.32(1)(c)5.,
2467	as long as funds remain available for the program described
2468	under s.109.152110.152.
2469	(3) Parental leave for eligible water management district
2470	employees shall be provided according to the policies and
2471	procedures of the individual water management district in
2472	existence at the time eligibility is determined.
2473	(4) Each water management district shall develop means of
2474	implementing these monetary adoption benefits for water
2475	management district employees, consistent with its current
2476	practices. Water management district rules, policies,
2477	guidelines, or procedures so implemented will remain valid and
2478	enforceable as long as they do not conflict with the express
2479	terms of s.109.152110.152.
2480	Section 97. Subsection (2) of section 381.00315, Florida
2481	Statutes, is amended to read:
2482	381.00315 Public health advisories; public health
2483	emergencies.--The State Health Officer is responsible for
2484	declaring public health emergencies and issuing public health
2485	advisories.
2486	(2) Individuals who assist the State Health Officer at his
2487	or her request on a volunteer basis during a public health
2488	emergency are entitled to the benefits specified in s.
2489	109.504(2), (3), (4), and (5)110.504(2), (3), (4), and (5).
2490	Section 98. Paragraph (e) of subsection (3) of section
2491	381.85, Florida Statutes, is amended to read:
2492	381.85 Biomedical and social research.--
2493	(3) REVIEW COUNCIL FOR BIOMEDICAL AND SOCIAL RESEARCH.--
2494	(e) The council shall be staffed by an executive director
2495	and a secretary who shall be appointed by the council and who
2496	shall be exempt from the provisions of part II of chapter109
2497	110relating to the Career Service System.
2498	Section 99. Section 393.0657, Florida Statutes, is amended
2499	to read:
2500	393.0657 Persons not required to be refingerprinted or
2501	rescreened.--Any provision of law to the contrary
2502	notwithstanding, human resource personnel who have been
2503	fingerprinted or screened pursuant to chapters 393, 394, 397,
2504	402, and 409, and teachers who have been fingerprinted pursuant
2505	to chapter 1012, who have not been unemployed for more than 90
2506	days thereafter, and who under the penalty of perjury attest to
2507	the completion of such fingerprinting or screening and to
2508	compliance with the provisions of this section and the standards
2509	for good moral character as contained in such provisions as ss.
2510	109.1127(3)110.1127(3), 393.0655(1), 394.457(6), 397.451,
2511	402.305(2), and 409.175(5), shall not be required to be
2512	refingerprinted or rescreened in order to comply with any direct
2513	service provider screening or fingerprinting requirements.
2514	Section 100. Subsections (3) and (4) of section 296.04,
2515	Florida Statutes, are amended to read:
2516	296.04 Administrator; duties and qualifications;
2517	responsibilities.--
2518	(3) The administrator position shall be assigned to the
2519	Selected Exempt Service under part V of chapter109110. The
2520	director shall give veterans' preference in selecting an
2521	administrator, as provided in ss. 295.07 and 295.085. In
2522	addition, the administrator must have at least a 4-year degree
2523	from an accredited university or college and 3 years of
2524	administrative experience in a health care facility, or any
2525	equivalent combination of experience, training, and education
2526	totaling 7 years in work relating to administration of a health
2527	care facility.
2528	(4) All employees who fill authorized and established
2529	positions appropriated for the home shall be state employees.
2530	The department shall classify such employees in the manner
2531	prescribed in chapter109110.
2532	Section 101. Subsection (3) of section 400.953, Florida
2533	Statutes, is amended to read:
2534	400.953 Background screening of home medical equipment
2535	provider personnel.--The agency shall require employment
2536	screening as provided in chapter 435, using the level 1
2537	standards for screening set forth in that chapter, for home
2538	medical equipment provider personnel.
2539	(3) Proof of compliance with the screening requirements of
2540	s.109.1127110.1127, s. 393.0655, s. 394.4572, s. 397.451, s.
2541	402.305, s. 402.313, s. 409.175, s. 464.008, or s. 985.407 or
2542	this part must be accepted in lieu of the requirements of this
2543	section if the person has been continuously employed in the same
2544	type of occupation for which he or she is seeking employment
2545	without a breach in service that exceeds 180 days, the proof of
2546	compliance is not more than 2 years old, and the person has been
2547	screened by the Department of Law Enforcement. An employer or
2548	contractor shall directly provide proof of compliance to another
2549	employer or contractor, and a potential employer or contractor
2550	may not accept any proof of compliance directly from the person
2551	requiring screening. Proof of compliance with the screening
2552	requirements of this section shall be provided, upon request, to
2553	the person screened by the home medical equipment provider.
2554	Section 102. Section 402.3057, Florida Statutes, is
2555	amended to read:
2556	402.3057 Persons not required to be refingerprinted or
2557	rescreened.--Any provision of law to the contrary
2558	notwithstanding, human resource personnel who have been
2559	fingerprinted or screened pursuant to chapters 393, 394, 397,
2560	402, and 409, and teachers and noninstructional personnel who
2561	have been fingerprinted pursuant to chapter 1012, who have not
2562	been unemployed for more than 90 days thereafter, and who under
2563	the penalty of perjury attest to the completion of such
2564	fingerprinting or screening and to compliance with the
2565	provisions of this section and the standards for good moral
2566	character as contained in such provisions as ss.109.1127(3)
2567	110.1127(3), 393.0655(1), 394.457(6), 397.451, 402.305(2), and
2568	409.175(5), shall not be required to be refingerprinted or
2569	rescreened in order to comply with any caretaker screening or
2570	fingerprinting requirements.
2571	Section 103. Subsection (4) of section 402.55, Florida
2572	Statutes, is amended to read:
2573	402.55 Management fellows program.--
2574	(4) Notwithstanding the provisions of chapter109110, the
2575	departments may grant special pay increases to management
2576	fellows upon successful completion of the program.
2577	Section 104. Subsection (2) of section 402.731, Florida
2578	Statutes, is amended to read:
2579	402.731 Department of Children and Family Services
2580	certification programs for employees and service providers;
2581	employment provisions for transition to community-based care.--
2582	(2) The department shall develop and implement employment
2583	programs to attract and retain competent staff to support and
2584	facilitate the transition to privatized community-based care.
2585	Such employment programs shall include lump-sum bonuses, salary
2586	incentives, relocation allowances, or severance pay. The
2587	department shall also contract for the delivery or
2588	administration of outplacement services. The department shall
2589	establish time-limited exempt positions as provided in s.
2590	109.205(2)(i)110.205(2)(i), in accordance with the authority
2591	provided in s. 216.262(1)(c)1. Employees appointed to fill such
2592	exempt positions shall have the same salaries and benefits as
2593	career service employees.
2594	Section 105. Section 409.1757, Florida Statutes, is
2595	amended to read:
2596	409.1757 Persons not required to be refingerprinted or
2597	rescreened.--Any provision of law to the contrary
2598	notwithstanding, human resource personnel who have been
2599	fingerprinted or screened pursuant to chapters 393, 394, 397,
2600	402, and this chapter, and teachers who have been fingerprinted
2601	pursuant to chapter 1012, who have not been unemployed for more
2602	than 90 days thereafter, and who under the penalty of perjury
2603	attest to the completion of such fingerprinting or screening and
2604	to compliance with the provisions of this section and the
2605	standards for good moral character as contained in such
2606	provisions as ss.109.1127(3)110.1127(3), 393.0655(1),
2607	394.457(6), 397.451, 402.305(2), and 409.175(5), shall not be
2608	required to be refingerprinted or rescreened in order to comply
2609	with any caretaker screening or fingerprinting requirements.
2610	Section 106. Section 409.9205, Florida Statutes, is
2611	amended to read:
2612	409.9205 Medicaid Fraud Control Unit.--
2613	(1) Except as provided in s.109.205110.205, all
2614	positions in the Medicaid Fraud Control Unit of the Department
2615	of Legal Affairs are hereby transferred to the Career Service
2616	System.
2617	(2) All investigators employed by the Medicaid Fraud
2618	Control Unit who have been certified under s. 943.1395 are law
2619	enforcement officers of the state. Such investigators have the
2620	authority to conduct criminal investigations, bear arms, make
2621	arrests, and apply for, serve, and execute search warrants,
2622	arrest warrants, capias, and other process throughout the state
2623	pertaining to Medicaid fraud as described in this chapter. The
2624	Attorney General shall provide reasonable notice of criminal
2625	investigations conducted by the Medicaid Fraud Control Unit to,
2626	and coordinate those investigations with, the sheriffs of the
2627	respective counties.
2628	Section 107. Paragraph (o) of subsection (1) of section
2629	440.102, Florida Statutes, is amended to read:
2630	440.102 Drug-free workplace program requirements.--The
2631	following provisions apply to a drug-free workplace program
2632	implemented pursuant to law or to rules adopted by the Agency
2633	for Health Care Administration:
2634	(1) DEFINITIONS.--Except where the context otherwise
2635	requires, as used in this act:
2636	(o) "Safety-sensitive position" means, with respect to a
2637	public employer, a position in which a drug impairment
2638	constitutes an immediate and direct threat to public health or
2639	safety, such as a position that requires the employee to carry a
2640	firearm, perform life-threatening procedures, work with
2641	confidential information or documents pertaining to criminal
2642	investigations, or work with controlled substances; a position
2643	subject to s.109.1127110.1127; or a position in which a
2644	momentary lapse in attention could result in injury or death to
2645	another person.
2646	Section 108. Subsection (4) of section 443.171, Florida
2647	Statutes, is amended to read:
2648	443.171 Division and commission; powers and duties; rules;
2649	advisory council; records and reports; proceedings; state-
2650	federal cooperation.--
2651	(4) PERSONNEL.--Subject to chapter109110and the other
2652	provisions of this chapter, the division is authorized to
2653	appoint, fix the compensation of, and prescribe the duties and
2654	powers of such employees, accountants, attorneys, experts, and
2655	other persons as may be necessary in the performance of its
2656	duties under this chapter. The division may delegate to any such
2657	person such power and authority as it deems reasonable and
2658	proper for the effective administration of this chapter and may
2659	in its discretion bond any person handling moneys or signing
2660	checks hereunder; the cost of such bonds shall be paid from the
2661	Employment Security Administration Trust Fund.
2662	Section 109. Subsection (8) and paragraph (a) of
2663	subsection (9) of section 447.207, Florida Statutes, are amended
2664	to read:
2665	447.207 Commission; powers and duties.--
2666	(8) The commission or its designated agent shall hear
2667	appeals arising out of any suspension, reduction in pay,
2668	demotion, or dismissal of any permanent employee in the State
2669	Career Service System in the manner provided in s.109.227
2670	110.227.
2671	(9) Pursuant to s. 447.208, the commission or its
2672	designated agent shall hear appeals, and enter such orders as it
2673	deems appropriate, arising out of:
2674	(a) Section109.124110.124, relating to termination or
2675	transfer of State Career Service System employees aged6765or
2676	older.
2677	Section 110. Subsection (3) of section 400.19, Florida
2678	Statutes, is amended to read:
2679	400.19 Right of entry and inspection.--
2680	(3) The agency shall every 15 months conduct at least one
2681	unannounced inspection to determine compliance by the licensee
2682	with statutes, and with rules promulgated under the provisions
2683	of those statutes, governing minimum standards of construction,
2684	quality and adequacy of care, and rights of residents. The
2685	survey shall be conducted every 6 months for the next 2-year
2686	period if the facility has been cited for a class I deficiency,
2687	has been cited for two or more class II deficiencies arising
2688	from separate surveys or investigations within a 60-day period,
2689	or has had three or more substantiated complaints within a 6-
2690	month period, each resulting in at least one class I or class II
2691	deficiency. In addition to any other fees or fines in this part,
2692	the agency shall assess a fine for each facility that is subject
2693	to the 6-month survey cycle. The fine for the 2-year period
2694	shall be $6,000, one-half to be paid at the completion of each
2695	survey. The agency may adjust this fine by the change in the
2696	Consumer Price Index, based on the 12 months immediately
2697	preceding the increase, to cover the cost of the additional
2698	surveys. The agency shall verify through subsequent inspection
2699	that any deficiency identified during the annual inspection is
2700	corrected. However, the agency may verify the correction of a
2701	class III or class IV deficiency unrelated to resident rights or
2702	resident care without reinspecting the facility if adequate
2703	written documentation has been received from the facility, which
2704	provides assurance that the deficiency has been corrected. The
2705	giving or causing to be given of advance notice of such
2706	unannounced inspections by an employee of the agency to any
2707	unauthorized person shall constitute cause for suspension of not
2708	fewer than 5 working days according to the provisions of chapter
2709	109110.
2710	Section 111. Subsection (3) of section 471.038, Florida
2711	Statutes, is amended to read:
2712	471.038 Florida Engineers Management Corporation.--
2713	(3) The Florida Engineers Management Corporation is
2714	created to provide administrative, investigative, and
2715	prosecutorial services to the board in accordance with the
2716	provisions of chapter 455 and this chapter. The management
2717	corporation may hire staff as necessary to carry out its
2718	functions. Such staff are not public employees for the purposes
2719	of chapter109110or chapter 112, except that the board of
2720	directors and the staff are subject to the provisions of s.
2721	112.061. The provisions of s. 768.28 apply to the management
2722	corporation, which is deemed to be a corporation primarily
2723	acting as an instrumentality of the state, but which is not an
2724	agency within the meaning of s. 20.03(11). The management
2725	corporation shall:
2726	(a) Be a Florida corporation not for profit, incorporated
2727	under the provisions of chapter 617.
2728	(b) Provide administrative, investigative, and
2729	prosecutorial services to the board in accordance with the
2730	provisions of chapter 455, this chapter, and the contract
2731	required by this section.
2732	(c) Receive, hold, and administer property and make only
2733	prudent expenditures directly related to the responsibilities of
2734	the board, and in accordance with the contract required by this
2735	section.
2736	(d) Be approved by the board and the department to operate
2737	for the benefit of the board and in the best interest of the
2738	state.
2739	(e) Operate under a fiscal year that begins on July 1 of
2740	each year and ends on June 30 of the following year.
2741	(f) Have a seven-member board of directors, five of whom
2742	are to be appointed by the board and must be registrants
2743	regulated by the board and two of whom are to be appointed by
2744	the secretary and must be laypersons not regulated by the board.
2745	All initial appointments shall expire on October 31, 2000.
2746	Current members may be appointed to one additional term that
2747	complies with the provisions of this paragraph. Two members
2748	shall be appointed for 2 years, three members shall be appointed
2749	for 3 years, and two members shall be appointed for 4 years. One
2750	layperson shall be appointed to a 3-year term and one layperson
2751	shall be appointed to a 4-year term. Thereafter, all
2752	appointments shall be for 4-year terms. No new member shall
2753	serve more than two consecutive terms. Failure to attend three
2754	consecutive meetings shall be deemed a resignation from the
2755	board, and the vacancy shall be filled by a new appointment.
2756	(g) Select its officers in accordance with its bylaws. The
2757	members of the board of directors may be removed by the board,
2758	with the concurrence of the department, for the same reasons
2759	that a board member may be removed.
2760	(h) Use a portion of the interest derived from the
2761	management corporation account to offset the costs associated
2762	with the use of credit cards for payment of fees by applicants
2763	or licensees.
2764	(i) Operate under an annual written contract with the
2765	department which is approved by the board. The contract must
2766	provide for, but is not limited to:
2767	1. Approval of the articles of incorporation and bylaws of
2768	the management corporation by the department and the board.
2769	2. Submission by the management corporation of an annual
2770	budget that complies with board rules for approval by the board
2771	and the department.
2772	3. Annual certification by the board and the department
2773	that the management corporation is complying with the terms of
2774	the contract in a manner consistent with the goals and purposes
2775	of the board and in the best interest of the state. This
2776	certification must be reported in the board's minutes. The
2777	contract must also provide for methods and mechanisms to resolve
2778	any situation in which the certification process determines
2779	noncompliance.
2780	4. Employment by the department of a contract
2781	administrator to actively supervise the administrative,
2782	investigative, and prosecutorial activities of the management
2783	corporation to ensure compliance with the contract and the
2784	provisions of chapter 455 and this chapter and to act as a
2785	liaison for the department, the board, and the management
2786	corporation to ensure the effective operation of the management
2787	corporation.
2788	5. Funding of the management corporation through
2789	appropriations allocated to the regulation of professional
2790	engineers from the Professional Regulation Trust Fund.
2791	6. The reversion to the board, or the state if the board
2792	ceases to exist, of moneys, records, data, and property held in
2793	trust by the management corporation for the benefit of the
2794	board, if the management corporation is no longer approved to
2795	operate for the board or the board ceases to exist. All records
2796	and data in a computerized database shall be returned to the
2797	department in a form that is compatible with the computerized
2798	database of the department.
2799	7. The securing and maintaining by the management
2800	corporation, during the term of the contract and for all acts
2801	performed during the term of the contract, of all liability
2802	insurance coverages in an amount to be approved by the
2803	department to defend, indemnify, and hold harmless the
2804	management corporation and its officers and employees, the
2805	department and its employees, and the state against all claims
2806	arising from state and federal laws. Such insurance coverage
2807	must be with insurers qualified and doing business in the state.
2808	The management corporation must provide proof of insurance to
2809	the department. The department and its employees and the state
2810	are exempt from and are not liable for any sum of money which
2811	represents a deductible, which sums shall be the sole
2812	responsibility of the management corporation. Violation of this
2813	subparagraph shall be grounds for terminating the contract.
2814	8. Payment by the management corporation, out of its
2815	allocated budget, to the department of all costs of
2816	representation by the board counsel, including salary and
2817	benefits, travel, and any other compensation traditionally paid
2818	by the department to other board counsels.
2819	9. Payment by the management corporation, out of its
2820	allocated budget, to the department of all costs incurred by the
2821	management corporation or the board for the Division of
2822	Administrative Hearings of the Department of Management Services
2823	and any other cost for utilization of these state services.
2824	10. Payment by the management corporation, out of its
2825	allocated budget, to the department of all costs associated with
2826	the contract administrator of the department, including salary
2827	and benefits, travel, and other related costs traditionally paid
2828	to state employees.
2829	(j) Provide for an annual financial audit of its financial
2830	accounts and records by an independent certified public
2831	accountant. The annual audit report shall include a management
2832	letter in accordance with s. 11.45 and a detailed supplemental
2833	schedule of expenditures for each expenditure category. The
2834	annual audit report must be submitted to the board, the
2835	department, and the Auditor General for review.
2836	(k) Provide for persons charged with the responsibility of
2837	receiving and depositing fee and fine revenues to have a
2838	faithful performance bond in such an amount and according to
2839	such terms as shall be determined in the contract.
2840	(l) Submit to the secretary, the board, and the
2841	Legislature, on or before January 1 of each year, a report on
2842	the status of the corporation which includes, but is not limited
2843	to, information concerning the programs and funds that have been
2844	transferred to the corporation. The report must include: the
2845	number of license applications received; the number approved and
2846	denied and the number of licenses issued; the number of
2847	examinations administered and the number of applicants who
2848	passed or failed the examination; the number of complaints
2849	received; the number determined to be legally sufficient; the
2850	number dismissed; the number determined to have probable cause;
2851	the number of administrative complaints issued and the status of
2852	the complaints; and the number and nature of disciplinary
2853	actions taken by the board.
2854	(m) Develop, with the department, performance standards
2855	and measurable outcomes for the board to adopt by rule in order
2856	to facilitate efficient and cost-effective regulation.
2857	Section 112. Subsection (3) of section 509.036, Florida
2858	Statutes, is amended to read:
2859	509.036 Public food service inspector standardization.--
2860	(3) The division and its agent shall adopt rules in
2861	accordance with the provisions of chapter 120 to provide for
2862	disciplinary action in cases of inspector negligence. An
2863	inspector may be subject to suspension or dismissal for
2864	reasonablecause as set forth in s.109.227110.227.
2865	Section 113. Subsection (1) of section 570.073, Florida
2866	Statutes, is amended to read:
2867	570.073 Department of Agriculture and Consumer Services,
2868	law enforcement officers.--
2869	(1) The commissioner may create an Office of Agricultural
2870	Law Enforcement under the supervision of a senior manager exempt
2871	under s.109.205110.205 in the Senior Management Service. The
2872	commissioner may designate law enforcement officers, as
2873	necessary, to enforce any criminal law or conduct any criminal
2874	investigation or to enforce the provisions of any statute or any
2875	other laws of this state. Officers appointed under this section
2876	shall have the primary responsibility for enforcing laws
2877	relating to agriculture and consumer services, as outlined in
2878	this section, and have jurisdiction over violations of law which
2879	threaten the overall security and safety of this state's
2880	agriculture and consumer services. The primary responsibilities
2881	of officers appointed under this section include the enforcement
2882	of laws relating to:
2883	(a) Domesticated animals, including livestock, poultry,
2884	aquaculture products, and other wild or domesticated animals or
2885	animal products.
2886	(b) Farms, farm equipment, livery tack, citrus or citrus
2887	products, or horticultural products.
2888	(c) Trespass, littering, forests, forest fires, and open
2889	burning.
2890	(d) Damage to or theft of forest products.
2891	(e) Enforcement of a marketing order.
2892	(f) Protection of consumers.
2893	(g) Civil traffic offenses as provided in state law.
2894	(h) The use of alcohol or drugs which occurs on property
2895	owned, managed, or occupied by the department.
2896	(i) Any emergency situation in which the life, limb, or
2897	property of any person is placed in immediate and serious
2898	danger.
2899	(j) Any crime incidental to or related to paragraphs (a)-
2900	(i).
2901	(k) The responsibilities of the Commissioner of
2902	Agriculture.
2903	Section 114. Section 570.074, Florida Statutes, is amended
2904	to read:
2905	570.074 Department of Agriculture and Consumer Services;
2906	water policy coordination.--The commissioner may create an
2907	Office of Water Coordination under the supervision of a senior
2908	manager exempt under s.109.205110.205 in the Senior Management
2909	Service. The commissioner may designate the bureaus and
2910	positions in the various organizational divisions of the
2911	department that report to this office relating to any matter
2912	over which the department has jurisdiction in matters relating
2913	to water policy affecting agriculture, application of such
2914	policies, and coordination of such matters with state and
2915	federal agencies.
2916	Section 115. Subsection (6) of section 624.307, Florida
2917	Statutes, is amended to read:
2918	624.307 General powers; duties.--
2919	(6) The department may employ actuaries who shall be at-
2920	will employees and who shall serve at the pleasure of the
2921	Insurance Commissioner. Actuaries employed pursuant to this
2922	paragraph shall be members of the Society of Actuaries or the
2923	Casualty Actuarial Society and shall be exempt from the Career
2924	Service System established under chapter109110. The salaries
2925	of the actuaries employed pursuant to this paragraph by the
2926	department shall be set in accordance with s. 216.251(2)(a)5.
2927	and shall be set at levels which are commensurate with salary
2928	levels paid to actuaries by the insurance industry.
2929	Section 116. Subsection (4) of section 627.0623, Florida
2930	Statutes, is amended to read:
2931	627.0623 Restrictions on expenditures and solicitations of
2932	insurers and affiliates.--
2933	(4) No employee of the department may solicit a campaign
2934	contribution for the Treasurer or any candidate for the office
2935	of Treasurer from any insurer, affiliate, or officer of an
2936	insurer or affiliate, or any political committee or committee of
2937	continuous existence that represents such insurer, affiliate, or
2938	officer. For purposes of this section, "employee of the
2939	department" means any person employed in the Department of
2940	Insurance or the Treasurer's officeholding a position in the
2941	Senior Management Service as defined in s. 110.402; any person
2942	holding a position in the Selected Exempt Service as defined in
2943	s. 110.602; any personhaving authority over insurance policy,
2944	regulation, or supervision; or any person hired on a contractual
2945	basis, having the power normally conferred upon such person, by
2946	whatever title.
2947	Section 117. Paragraph (h) of subsection (4) of section
2948	627.6488, Florida Statutes, is amended to read:
2949	627.6488 Florida Comprehensive Health Association.--
2950	(4) The association shall:
2951	(h) Contract with preferred provider organizations and
2952	health maintenance organizations giving due consideration to the
2953	preferred provider organizations and health maintenance
2954	organizations which have contracted with the state group health
2955	insurance program pursuant to s.109.123110.123. If cost-
2956	effective and available in the county where the policyholder
2957	resides, the board, upon application or renewal of a policy,
2958	shall place a high-risk individual, as established under s.
2959	627.6498(4)(a)4., with the plan case manager who shall determine
2960	the most cost-effective quality care system or health care
2961	provider and shall place the individual in such system or with
2962	such health care provider. If cost-effective and available in
2963	the county where the policyholder resides, the board, with the
2964	consent of the policyholder, may place a low-risk or medium-risk
2965	individual, as established under s. 627.6498(4)(a)4., with the
2966	plan case manager who may determine the most cost-effective
2967	quality care system or health care provider and shall place the
2968	individual in such system or with such health care provider.
2969	Prior to and during the implementation of case management, the
2970	plan case manager shall obtain input from the policyholder,
2971	parent, or guardian.
2972	Section 118. Paragraph (a) of subsection (1) of section
2973	627.649, Florida Statutes, is amended to read:
2974	627.649 Administrator.--
2975	(1) The board shall select an administrator, through a
2976	competitive bidding process, to administer the plan. The board
2977	shall evaluate bids submitted under this subsection based on
2978	criteria established by the board, which criteria shall include:
2979	(a) The administrator's proven ability to handle large
2980	group accident and health insurance, and due consideration shall
2981	be given to any administrator who has acted as a third-party
2982	administrator for the state group health insurance program
2983	pursuant to s.109.123110.123.
2984	Section 119. Paragraph (a) of subsection (2) and
2985	subsection (3) of section 627.6498, Florida Statutes, are
2986	amended to read:
2987	627.6498 Minimum benefits coverage; exclusions; premiums;
2988	deductibles.--
2989	(2) BENEFITS.--
2990	(a) The plan shall offer major medical expense coverage
2991	similar to that provided by the state group health insurance
2992	program as defined in s.109.123110.123except as specified in
2993	subsection (3) to every eligible person who is not eligible for
2994	Medicare. Major medical expense coverage offered under the plan
2995	shall pay an eligible person's covered expenses, subject to
2996	limits on the deductible and coinsurance payments authorized
2997	under subsection (4), up to a lifetime limit of $500,000 per
2998	covered individual. The maximum limit under this paragraph shall
2999	not be altered by the board, and no actuarially equivalent
3000	benefit may be substituted by the board.
3001	(3) COVERED EXPENSES.--The coverage to be issued by the
3002	association shall be patterned after the state group health
3003	insurance program as defined in s.109.123110.123, including
3004	its benefits, exclusions, and other limitations, except as
3005	otherwise provided in this act. The plan may cover the cost of
3006	experimental drugs which have been approved for use by the Food
3007	and Drug Administration on an experimental basis if the cost is
3008	less than the usual and customary treatment. Such coverage shall
3009	only apply to those insureds who are in the case management
3010	system upon the approval of the insured, the case manager, and
3011	the board.
3012	Section 120. Paragraph (a) of subsection (2) of section
3013	456.048, Florida Statutes, is amended to read:
3014	456.048 Financial responsibility requirements for certain
3015	health care practitioners.--
3016	(2) The board or department may grant exemptions upon
3017	application by practitioners meeting any of the following
3018	criteria:
3019	(a) Any person licensed under chapter 457, chapter 460,
3020	chapter 461, s. 464.012, chapter 466, or chapter 467 who
3021	practices exclusively as an officer, employee, or agent of the
3022	Federal Government or of the state or its agencies or its
3023	subdivisions. For the purposes of this subsection, an agent of
3024	the state, its agencies, or its subdivisions is a person who is
3025	eligible for coverage under any self-insurance or insurance
3026	program authorized by the provisions of s. 768.28(15) or who is
3027	a volunteer under s.109.501(1)110.501(1).
3028	Section 121. Subsection (3) of section 655.019, Florida
3029	Statutes, is amended to read:
3030	655.019 Campaign contributions; limitations.--
3031	(3) No employee of the department may solicit a campaign
3032	contribution for the Comptroller or any candidate for the office
3033	of the Comptroller from any person who is licensed or otherwise
3034	authorized to do business by the department or who has an
3035	application pending for licensure or other authorization to do
3036	business pending with the department, or any director, officer,
3037	employee, agent, retained legal counsel, lobbyist, or partner or
3038	affiliate of that person or any political committee or committee
3039	of continuous existence that represents that person. For
3040	purposes of this section, "employee of the department" means any
3041	person employed in the department or the Comptroller's office
3042	holding a position in the Senior Management Service as defined
3043	in s. 110.402; any person holding a position in the Selected
3044	Exempt Service as defined in s. 110.602; any personhaving
3045	authority over institution policy, regulation, or supervision;
3046	or any person hired on a contractual basis, having the power
3047	normally conferred upon such person, by whatever title.
3048	Section 122. Paragraph (a) of subsection (4) of section
3049	943.0585, Florida Statutes, is amended to read:
3050	943.0585 Court-ordered expunction of criminal history
3051	records.--The courts of this state have jurisdiction over their
3052	own procedures, including the maintenance, expunction, and
3053	correction of judicial records containing criminal history
3054	information to the extent such procedures are not inconsistent
3055	with the conditions, responsibilities, and duties established by
3056	this section. Any court of competent jurisdiction may order a
3057	criminal justice agency to expunge the criminal history record
3058	of a minor or an adult who complies with the requirements of
3059	this section. The court shall not order a criminal justice
3060	agency to expunge a criminal history record until the person
3061	seeking to expunge a criminal history record has applied for and
3062	received a certificate of eligibility for expunction pursuant to
3063	subsection (2). A criminal history record that relates to a
3064	violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
3065	817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
3066	847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
3067	s. 907.041 may not be expunged, without regard to whether
3068	adjudication was withheld, if the defendant was found guilty of
3069	or pled guilty or nolo contendere to the offense, or if the
3070	defendant, as a minor, was found to have committed, or pled
3071	guilty or nolo contendere to committing, the offense as a
3072	delinquent act. The court may only order expunction of a
3073	criminal history record pertaining to one arrest or one incident
3074	of alleged criminal activity, except as provided in this
3075	section. The court may, at its sole discretion, order the
3076	expunction of a criminal history record pertaining to more than
3077	one arrest if the additional arrests directly relate to the
3078	original arrest. If the court intends to order the expunction of
3079	records pertaining to such additional arrests, such intent must
3080	be specified in the order. A criminal justice agency may not
3081	expunge any record pertaining to such additional arrests if the
3082	order to expunge does not articulate the intention of the court
3083	to expunge a record pertaining to more than one arrest. This
3084	section does not prevent the court from ordering the expunction
3085	of only a portion of a criminal history record pertaining to one
3086	arrest or one incident of alleged criminal activity.
3087	Notwithstanding any law to the contrary, a criminal justice
3088	agency may comply with laws, court orders, and official requests
3089	of other jurisdictions relating to expunction, correction, or
3090	confidential handling of criminal history records or information
3091	derived therefrom. This section does not confer any right to the
3092	expunction of any criminal history record, and any request for
3093	expunction of a criminal history record may be denied at the
3094	sole discretion of the court.
3095	(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
3096	criminal history record of a minor or an adult which is ordered
3097	expunged by a court of competent jurisdiction pursuant to this
3098	section must be physically destroyed or obliterated by any
3099	criminal justice agency having custody of such record; except
3100	that any criminal history record in the custody of the
3101	department must be retained in all cases. A criminal history
3102	record ordered expunged that is retained by the department is
3103	confidential and exempt from the provisions of s. 119.07(1) and
3104	s. 24(a), Art. I of the State Constitution and not available to
3105	any person or entity except upon order of a court of competent
3106	jurisdiction. A criminal justice agency may retain a notation
3107	indicating compliance with an order to expunge.
3108	(a) The person who is the subject of a criminal history
3109	record that is expunged under this section or under other
3110	provisions of law, including former s. 893.14, former s. 901.33,
3111	and former s. 943.058, may lawfully deny or fail to acknowledge
3112	the arrests covered by the expunged record, except when the
3113	subject of the record:
3114	1. Is a candidate for employment with a criminal justice
3115	agency;
3116	2. Is a defendant in a criminal prosecution;
3117	3. Concurrently or subsequently petitions for relief under
3118	this section or s. 943.059;
3119	4. Is a candidate for admission to The Florida Bar;
3120	5. Is seeking to be employed or licensed by or to contract
3121	with the Department of Children and Family Services or the
3122	Department of Juvenile Justice or to be employed or used by such
3123	contractor or licensee in a sensitive position having direct
3124	contact with children, the developmentally disabled, the aged,
3125	or the elderly as provided in s.109.1127(3)110.1127(3), s.
3126	393.063(15), s. 394.4572(1), s. 397.451, s. 402.302(3), s.
3127	402.313(3), s. 409.175(2)(i), s. 415.102(4), s. 985.407, or
3128	chapter 400; or
3129	6. Is seeking to be employed or licensed by the Office of
3130	Teacher Education, Certification, Staff Development, and
3131	Professional Practices of the Department of Education, any
3132	district school board, or any local governmental entity that
3133	licenses child care facilities.
3134	Section 123. Paragraph (a) of subsection (4) of section
3135	943.059, Florida Statutes, is amended to read:
3136	943.059 Court-ordered sealing of criminal history
3137	records.--The courts of this state shall continue to have
3138	jurisdiction over their own procedures, including the
3139	maintenance, sealing, and correction of judicial records
3140	containing criminal history information to the extent such
3141	procedures are not inconsistent with the conditions,
3142	responsibilities, and duties established by this section. Any
3143	court of competent jurisdiction may order a criminal justice
3144	agency to seal the criminal history record of a minor or an
3145	adult who complies with the requirements of this section. The
3146	court shall not order a criminal justice agency to seal a
3147	criminal history record until the person seeking to seal a
3148	criminal history record has applied for and received a
3149	certificate of eligibility for sealing pursuant to subsection
3150	(2). A criminal history record that relates to a violation of s.
3151	787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
3152	825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
3153	847.0145, s. 893.135, or a violation enumerated in s. 907.041
3154	may not be sealed, without regard to whether adjudication was
3155	withheld, if the defendant was found guilty of or pled guilty or
3156	nolo contendere to the offense, or if the defendant, as a minor,
3157	was found to have committed or pled guilty or nolo contendere to
3158	committing the offense as a delinquent act. The court may only
3159	order sealing of a criminal history record pertaining to one
3160	arrest or one incident of alleged criminal activity, except as
3161	provided in this section. The court may, at its sole discretion,
3162	order the sealing of a criminal history record pertaining to
3163	more than one arrest if the additional arrests directly relate
3164	to the original arrest. If the court intends to order the
3165	sealing of records pertaining to such additional arrests, such
3166	intent must be specified in the order. A criminal justice agency
3167	may not seal any record pertaining to such additional arrests if
3168	the order to seal does not articulate the intention of the court
3169	to seal records pertaining to more than one arrest. This section
3170	does not prevent the court from ordering the sealing of only a
3171	portion of a criminal history record pertaining to one arrest or
3172	one incident of alleged criminal activity. Notwithstanding any
3173	law to the contrary, a criminal justice agency may comply with
3174	laws, court orders, and official requests of other jurisdictions
3175	relating to sealing, correction, or confidential handling of
3176	criminal history records or information derived therefrom. This
3177	section does not confer any right to the sealing of any criminal
3178	history record, and any request for sealing a criminal history
3179	record may be denied at the sole discretion of the court.
3180	(4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
3181	history record of a minor or an adult which is ordered sealed by
3182	a court of competent jurisdiction pursuant to this section is
3183	confidential and exempt from the provisions of s. 119.07(1) and
3184	s. 24(a), Art. I of the State Constitution and is available only
3185	to the person who is the subject of the record, to the subject's
3186	attorney, to criminal justice agencies for their respective
3187	criminal justice purposes, or to those entities set forth in
3188	subparagraphs (a)1., 4., 5., and 6. for their respective
3189	licensing and employment purposes.
3190	(a) The subject of a criminal history record sealed under
3191	this section or under other provisions of law, including former
3192	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
3193	deny or fail to acknowledge the arrests covered by the sealed
3194	record, except when the subject of the record:
3195	1. Is a candidate for employment with a criminal justice
3196	agency;
3197	2. Is a defendant in a criminal prosecution;
3198	3. Concurrently or subsequently petitions for relief under
3199	this section or s. 943.0585;
3200	4. Is a candidate for admission to The Florida Bar;
3201	5. Is seeking to be employed or licensed by or to contract
3202	with the Department of Children and Family Services or the
3203	Department of Juvenile Justice or to be employed or used by such
3204	contractor or licensee in a sensitive position having direct
3205	contact with children, the developmentally disabled, the aged,
3206	or the elderly as provided in s.109.1127(3)110.1127(3), s.
3207	393.063(15), s. 394.4572(1), s. 397.451, s. 402.302(3), s.
3208	402.313(3), s. 409.175(2)(i), s. 415.102(4), s. 415.103, s.
3209	985.407, or chapter 400; or
3210	6. Is seeking to be employed or licensed by the Office of
3211	Teacher Education, Certification, Staff Development, and
3212	Professional Practices of the Department of Education, any
3213	district school board, or any local governmental entity which
3214	licenses child care facilities.
3215	Section 124. Subsection (4) of section 943.22, Florida
3216	Statutes, is amended to read:
3217	943.22 Salary incentive program for full-time officers.--
3218	(4) No individual filling a position in the Senior
3219	Management Service as defined in s. 110.402 is eligible to
3220	participate in the salary incentive program authorized by this
3221	section.
3222	Section 125. Paragraph (d) of subsection (4) of section
3223	943.61, Florida Statutes, is amended to read:
3224	943.61 Powers and duties of the Capitol Police.--
3225	(4) The Capitol Police shall have the following powers and
3226	duties:
3227	(d) To employ officers who hold certification as law
3228	enforcement officers in accordance with the minimum standards
3229	and qualifications as set forth in s. 943.13 and the provisions
3230	of chapter109110, and who have the authority to bear arms,
3231	make arrests, except as may be limited in the security plans
3232	established under paragraph (a), and apply for arrest warrants.
3233	Section 126. Paragraph (c) of subsection (3) of section
3234	944.35, Florida Statutes, is amended to read:
3235	944.35 Authorized use of force; malicious battery and
3236	sexual misconduct prohibited; reporting required; penalties.--
3237	(3)
3238	(c) Notwithstanding prosecution, any violation of the
3239	provisions of this subsection, as determined by the Public
3240	Employees Relations Commission, shall constitute sufficient
3241	cause under s.109.227110.227for dismissal from employment
3242	with the department, and such person shall not again be employed
3243	in any capacity in connection with the correctional system.
3244	Section 127. Subsection (2) of section 945.043, Florida
3245	Statutes, is amended to read:
3246	945.043 Department-operated day care services.--
3247	(2) The department is exempt from the requirements of s.
3248	109.151110.151.
3249	Section 128. Subsection (1) of section 946.525, Florida
3250	Statutes, is amended to read:
3251	946.525 Participation by the corporation in the state
3252	group health insurance and prescription drug programs.--
3253	(1) The board of directors of the corporation established
3254	under this part may apply for participation in the state group
3255	health insurance program authorized in s.109.123110.123and
3256	the prescription drug coverage program authorized by s.
3257	109.12315110.12315by submitting an application along with a
3258	$500 nonrefundable fee to the Department of Management Services.
3259	Section 129. Subsection (6) of section 957.03, Florida
3260	Statutes, is amended to read:
3261	957.03 Correctional Privatization Commission.--
3262	(6) SUPPORT BY DEPARTMENT OF MANAGEMENT SERVICES.--The
3263	commission shall be a separate budget entity, and the executive
3264	director shall be its chief administrative officer. The
3265	Department of Management Services shall provide administrative
3266	support and service to the commission to the extent requested by
3267	the executive director. The commission and its staff are not
3268	subject to control, supervision, or direction by the Department
3269	of Management Services in any manner, including, but not limited
3270	to, personnel, purchasing, and budgetary matters, except to the
3271	extent as provided in chapters109110, 216, 255, 282, and 287
3272	for agencies of the executive branch. The executive director may
3273	designate a maximum of two policymaking or managerial positions
3274	as being exempt from the Career Service System.These two
3275	positions may be provided for as members of the Senior
3276	Management Service.
3277	Section 130. Subsection (4) of section 627.6617, Florida
3278	Statutes, is amended to read:
3279	627.6617 Coverage for home health care services.--
3280	(4) The provisions of this section shall not apply to a
3281	multiple-employer welfare arrangement as defined in s.
3282	624.437(1) and in the State Health Plan as provided in s.
3283	109.123110.123.
3284	Section 131. Paragraph (e) of subsection (4) of section
3285	985.05, Florida Statutes, is amended to read:
3286	985.05 Court records.--
3287	(4) A court record of proceedings under this part is not
3288	admissible in evidence in any other civil or criminal
3289	proceeding, except that:
3290	(e) Records of proceedings under this part may be used to
3291	prove disqualification pursuant to ss.109.1127110.1127,
3292	393.0655, 394.457, 397.451, 402.305, 402.313, 409.175, 409.176,
3293	and 985.407.
3294	Section 132. Paragraph (b) of subsection (1) of section
3295	985.4045, Florida Statutes, is amended to read:
3296	985.4045 Sexual misconduct prohibited; reporting required;
3297	penalties.--
3298	(1)
3299	(b) Notwithstanding prosecution, any violation of this
3300	subsection, as determined by the Public Employees Relations
3301	Commission, constitutes sufficient cause under s.109.227
3302	110.227for dismissal from employment with the department, and
3303	such person may not again be employed in any capacity in
3304	connection with the juvenile justice system.
3305	Section 133. Paragraph (i) is added to subsection (2) of
3306	section 20.22, Florida Statutes, to read:
3307	20.22 Department of Management Services.--There is created
3308	a Department of Management Services.
3309	(2) The following divisions and programs within the
3310	Department of Management Services are established:
3311	(i) Division of Human Resource Management.
3312	Section 134.The Department of Management Services shall
3313	coordinate the development and implementation of a transition
3314	plan, including any necessary statutory amendments or proposed
3315	rules, that supports the implementation of this act. The
3316	Department of Labor and Employment Security, the Public
3317	Employees Relations Commission, and all other state agencies
3318	identified by the Department of Management Services shall
3319	cooperate fully in developing and implementing the plan and
3320	shall dedicate the financial and staff resources that are
3321	necessary for such implementation.
3322	Section 135.(1) Until June 30, 2004, the Public
3323	Employees Relations Commission shall continue to exercise its
3324	powers, duties, and functions pursuant to the authority granted
3325	it under the Florida Statutes 2000.
3326	(2) On and after July 1, 2004, the Public Employees
3327	Relations Commission shall continue to exercise its powers,
3328	duties, and functions pursuant to this act’s amendment which
3329	takes effect July 1, 2004, and for those cases properly and
3330	timely filed with the commission after July 1, 2004, regarding
3331	an alleged adverse action, the commission shall continue to
3332	exercise its authority under the Florida Statutes 2000.
3333	(3) After June 30, 2004, the Public Employees Relations
3334	Commission shall be responsible for maintaining labor relations
3335	issues and all career service appeal processes shall be the
3336	responsibility of the Division of Human Resource Management of
3337	the Department of Management Services.
3338	Section 136.Effective July 1, 2003, there is appropriated
3339	for the 2003-2004 fiscal year $400,000 from the General Revenue
3340	Fund to the Division of Human Resource Management of the
3341	Department of Management Services to implement the provisions of
3342	this act.
3343	Section 137.After July 1, 2003, the Executive Office of
3344	the Governor shall process a budget amendment, or budget
3345	amendments, subject to legislative notice and review under s.
3346	216.177, Florida Statutes, to transfer records, property, and
3347	unexpended balances of appropriations, allocations, or other
3348	funds of the Public Employees Relations Commission within the
3349	Department of Labor and Employment Security to the Division of
3350	Human Resource Management of the Department of Management
3351	Services. Such budget authority, resources, and personnel at the
3352	Public Employees Relations Commission to finalize existing cases
3353	under review and phase out the operation of the commission. All
3354	existing cases and phase-out activities at the Public Employees
3355	Relations Commission shall be concluded by June 30, 2003.
3356	Section 138.On or before October 1, 2003, the Department
3357	of Management Services shall adopt, amend, or repeal rules as
3358	necessary to effectuate the provisions of chapter 109, Florida
3359	Statutes, as created by this act and in accordance with
3360	authority granted to the department in chapter 109, Florida
3361	Statutes.
3362	Section 139. Except as otherwise provided herein, this act
3363	shall take effect upon becoming a law.
3364