HB 1593

1	A bill to be entitled
2	An act relating to state employment; providing directives
3	to the Division of Statutory Revision; amending s.
4	110.105, F.S.; revising provisions relating to the
5	employment policy of the state; transferring, renumbering,
6	reordering, and amending s. 110.107, F.S.; revising
7	definitions relating to ch. 110, F.S.; amending s.
8	110.1055, F.S.; revising the rulemaking authority of the
9	Department of Management Services; creating s. 110.1056,
10	F.S.; providing for agency audits to determine compliance
11	with laws and rules; transferring, renumbering, and
12	amending s. 110.405, F.S.; revising provisions relating to
13	the appointment of ad hoc advisory committees; creating s.
14	110.1065, F.S.; providing the employment policies of the
15	State Personnel System; authorizing the department to
16	adopt rules; transferring, renumbering, and amending s.
17	110.233, F.S.; conforming provisions to changes made by
18	the act; authorizing the department to adopt rules;
19	amending s. 110.1099, F.S.; revising provisions relating
20	to educational opportunities for employees; transferring,
21	renumbering, and amending s. 110.235, F.S.; revising
22	provisions relating to training employees; authorizing the
23	department to adopt rules; amending s. 110.112, F.S.;
24	revising provisions relating to equal employment
25	opportunities; amending s. 110.1127, F.S.; revising
26	provisions relating to background screening; authorizing
27	the department to adopt rules; amending s. 110.113, F.S.;
28	revising provisions relating to pay periods; authorizing
29	the department to adopt rules; creating s. 110.1135, F.S.;
30	requiring state agencies to keep accurate records of work
31	performed and leave; amending s. 110.116, F.S.; revising
32	provisions relating to maintaining human resource
33	information; authorizing the department to adopt rules;
34	amending s. 110.117, F.S.; revising provisions relating to
35	an employee's personal holiday; amending s. 110.1245,
36	F.S.; revising provisions relating to bonuses and other
37	awards; authorizing the department to adopt rules;
38	amending s. 110.125, F.S.; revising provisions relating to
39	paying for the administrative costs for operating a
40	personnel system; authorizing the department to adopt
41	rules; amending s. 110.126, F.S.; revising provisions
42	relating to the department's authority to administer
43	oaths; authorizing the department to adopt rules; amending
44	s. 110.127, F.S.; revising provisions relating to
45	penalties; authorizing the department to adopt rules;
46	amending s. 110.1315, F.S.; authorizing the department to
47	adopt rules relating to other-personal-services employee
48	benefits; amending s. 110.171, F.S.; revising provisions
49	relating to telecommuting; providing a telework program;
50	providing requirements; authorizing the department to
51	adopt rules; transferring, renumbering, and amending s.
52	110.2037, F.S.; revising provisions relating to
53	alternative benefits; authorizing the department to adopt
54	rules; creating s. 110.183, F.S.; revising provisions
55	relating to collective bargaining; creating s. 110.184,
56	F.S.; revising provisions relating to the department's
57	annual workforce report; providing a directive to the
58	Division of Statutory Revision; creating s. 110.202, F.S.;
59	providing a declaration of policy with respect to the
60	establishment of the Civil Service; amending s. 110.205,
61	F.S.; revising provisions relating to the list of
62	positions that are exempted from the Civil Service;
63	authorizing the department to adopt rules; creating s.
64	110.208, F.S.; providing for a uniform classification
65	system for civil service positions; creating s. 110.2085,
66	F.S.; providing a pay plan for civil service positions;
67	authorizing the department to adopt rules; amending s.
68	110.211, F.S.; revising provisions relating to
69	recruitment; authorizing the department to adopt rules;
70	amending s. 110.213, F.S.; revising provisions relating to
71	selecting a candidate for employment; authorizing the
72	department to adopt rules; amending s. 110.2135, F.S.;
73	revising provisions relating to veterans' preference;
74	authorizing the department to adopt rules; amending s.
75	110.215, F.S.; revising provisions relating to employing
76	persons with disabilities; authorizing the department to
77	adopt rules; amending s. 110.217, F.S.; revising
78	provisions relating to a change in an employee's position
79	status; amending s. 110.219, F.S.; revising provisions
80	relating to attendance and leave policies; amending s.
81	110.224, F.S.; revising provisions relating to employee
82	evaluation; amending s. 110.227, F.S.; revising provisions
83	relating to employee grievances; providing a directive;
84	transferring, renumbering, and amending s. 110.601, F.S.;
85	revising provisions relating to selected exempt service
86	policy; transferring, renumbering, and amending s.
87	110.602, F.S.; revising provisions relating to the
88	creation of the Select Exempt Service; transferring,
89	renumbering, and amending s. 110.605, F.S.; revising
90	provisions relating to the powers and duties of the
91	department; creating s. 110.3023, F.S.; providing for the
92	recruitment of selected exempt service staff; providing a
93	directive to the Division of Statutory Revision; amending
94	s. 110.401, F.S.; revising provisions relating to policies
95	for senior management employees; amending s. 110.402,
96	F.S.; revising provisions relating to the establishment of
97	the Senior Management Service; amending s. 110.403, F.S.;
98	revising provisions relating to the duties of the
99	department with respect to the Senior Management Services;
100	creating s. 110.4035, F.S.; providing recruitment
101	requirements for senior management service employees;
102	providing a directive to the Division of Statutory
103	Revision; creating s. 112.906, F.S.; providing definitions
104	for part IX of chapter 110, F.S., relating to state
105	employment; transferring, renumbering, and amending s.
106	110.131, F.S.; revising a provision relating to other-
107	personal-service employment; transferring and renumbering
108	s. 110.1128, F.S., relating to selective service
109	registration; transferring, renumbering, and amending s.
110	110.1221, F.S.; revising provisions relating to the state
111	sexual harassment policy; transferring, renumbering, and
112	amending s. 110.122, F.S.; revising provisions relating to
113	payment for sick leave; transferring, renumbering, and
114	amending s. 110.121, F.S.; revising provisions relating to
115	the sick leave pool; transferring, renumbering, and
116	amending s. 110.119, F.S.; revising provisions relating to
117	administrative leave for a service-connected disability;
118	transferring, renumbering, and amending ss. 110.120 and
119	110.1091, F.S.; conforming provisions to changes made by
120	the act; transferring, renumbering, and amending s.
121	110.151, F.S.; revising provisions relating to child care
122	services provided by a state agency; transferring and
123	renumbering s. 110.181, F.S.; transferring, renumbering,
124	and amending s. 110.1225, F.S.; revising provisions
125	relating to agency furloughs; transferring and renumbering
126	s. 110.1155, F.S.; transferring, renumbering, and amending
127	s. 110.191, F.S.; revising provisions relating to state
128	employee leasing; transferring, renumbering, and amending
129	s. 110.1082, F.S.; transferring, renumbering, and amending
130	s. 110.1165, F.S.; revising provisions relating to
131	telephone use; creating s. 112.922, F.S.; providing
132	penalties for violations relating to state employment;
133	creating s. 112.923, F.S.; requiring state employees to
134	participate in the direct deposit program; transferring,
135	renumbering, and amending s. 110.114, F.S.; conforming
136	provisions to changes made by the act; providing a
137	directive to the Division of Statutory Revision;
138	transferring, renumbering, and amending s. 110.1227, F.S.;
139	conforming a cross-reference; transferring, renumbering,
140	and amending s. 110.1228, F.S.; conforming a cross-
141	reference; transferring, renumbering, and amending s.
142	110.123, F.S.; conforming provisions to changes made by
143	the act; transferring, renumbering, and amending s.
144	110.12312, F.S.; conforming cross-references; transferring
145	and renumbering s. 110.12315, F.S.; transferring,
146	renumbering, and amending s. 110.1232, F.S.; conforming
147	cross-references; transferring and renumbering s.
148	110.1234, F.S.; transferring and renumbering s. 110.1238,
149	F.S.; transferring and renumbering s. 110.1239, F.S.;
150	transferring, renumbering, and amending s. 110.161, F.S.;
151	conforming a cross-reference; creating s. 112.950, F.S.;
152	providing for penalties; providing a directive to the
153	Division of Statutory Revision; transferring, renumbering,
154	and amending s. 110.501, F.S.; revising definitions
155	relating to state volunteer services; transferring,
156	renumbering, and amending s. 110.502, F.S.; revising
157	provisions relating to volunteer status; transferring,
158	renumbering, and amending s. 110.503, F.S.; revising
159	provisions relating to state agency responsibilities;
160	transferring, renumbering, and amending s. 110.504, F.S.;
161	revising provisions relating to volunteer benefits;
162	creating s. 112.965, F.S.; providing for penalties;
163	repealing s. 110.115, F.S., relating to employees of
164	historical commissions; repealing s. 110.118, F.S.,
165	relating to administrative leave for athletic
166	competitions; repealing s. 110.124, F.S., relating to the
167	termination or transfer of employees 65 years or older;
168	repealing s. 110.129, F.S., relating to technical
169	personnel assistance to political subdivisions; repealing
170	s. 110.1521, F.S., relating to a short title; repealing s.
171	110.1522, F.S., relating to a model rule establishing
172	family support personnel policies; repealing s. 110.1523,
173	F.S., relating to the adoption of the model rule;
174	repealing s. 110.201, F.S., relating to personnel rules,
175	records, and reports; repealing s. 110.2035, F.S.,
176	relating to the classification and compensation program
177	for employment positions; repealing s. 110.21, F.S.,
178	relating to shared employment; repealing s. 110.221, F.S.,
179	relating to parental or family medical leave; repealing s.
180	110.406, F.S., relating to senior management services data
181	collections; repealing s. 110.603, F.S., relating to a
182	classification plan and pay bands for selected exempt
183	positions; repealing s. 110.604, F.S., relating to certain
184	personnel actions for selected exempt service employees;
185	repealing s. 110.606, F.S., relating to selected exempt
186	service data collection; amending ss. 11.13, 20.055,
187	20.21, 20.23, 20.255, 24.105, 24.122, 30.071, 43.16,
188	104.31, 106.24, 112.044, 112.0805, 112.313, 112.3145,
189	112.363, 121.021, 121.051, 121.055, 121.35, 145.19,
190	216.011, 216.181, 260.0125, 287.175, 295.07, 295.09,
191	296.04, 296.34, 381.00315, 381.85, 394.47865, 402.3057,
192	402.55, 402.7305, 402.731, 409.1757, 409.9205, 414.37,
193	427.012, 447.203, 447.207, 447.209, s. 447.401, 456.048,
194	570.07, 601.10, 624.307, 624.437, 627.6488, 627.649,
195	627.6498, 627.6617, 627.6686, 943.0585, 943.059, 945.043,
196	946.525, 1001.705, 1001.706, 1001.74, 1002.36, 1012.62,
197	1012.79, and 1012.88, F.S.; conforming provisions to
198	changes made by the act; providing an effective date.
199
200	Be It Enacted by the Legislature of the State of Florida:
201
202	Section 1.  The Division of Statutory Revision is requested
203	to rename chapter 110, Florida Statutes, as "State Personnel
204	System."
205	Section 2.  The Division of Statutory Revision is requested
206	to rename part I of chapter 110, Florida Statutes, consisting of
207	ss. 110.105-110.191, Florida Statutes, as "General Provisions."
208	Section 3.  Section 110.105, Florida Statutes, is amended
209	to read:
210	110.105  Employment policy of the state.-
211	(1)  It is The purpose of this chapter is to establish the
212	State Personnel a System of personnel management. The This
213	system shall provide a means for maintaining to recruit, select,
214	train, develop, and maintain an effective and responsible
215	workforce and includes shall include policies, and procedures,
216	and guidelines for employee hiring and advancement, training and
217	career development, position classification, salary
218	administration, benefits, attendance and leave, discipline,
219	dismissal discharge, employee performance evaluations,
220	affirmative action, and other related activities.
221	(2)  All appointments, terminations, assignments and
222	maintenance of status, compensation, privileges, and other terms
223	and conditions of employment in state government shall be made
224	without regard to age, sex, race, religion, national origin,
225	political affiliation, marital status, or handicap, except when
226	a specific sex, age, or physical requirement constitutes a bona
227	fide occupational qualification necessary to proper and
228	efficient administration.
229	(3)  Except as expressly provided by law, there shall be no
230	Florida residence requirement for any person as a condition
231	precedent to employment by the state; however, preference may be
232	given to Florida residents in hiring.
233	(2)(4)  This chapter contains the requirements and guides
234	for establishing and maintaining a system of personnel
235	administration on a merit basis. The system of personnel
236	administration shall be implemented so as to ensure that the
237	permit state agencies in the State Personnel System are to be
238	eligible for to receive federal funds.
239	(5)  Nothing in this chapter shall be construed either to
240	infringe upon or to supersede the rights guaranteed public
241	employees under chapter 447.
242	Section 4.  Section 110.107, Florida Statutes, is
243	transferred, renumbered as section 110.1054, Florida Statutes,
244	reordered, and amended to read:
245	110.1054 110.107  Definitions.-As used in this chapter, the
246	term:
247	(5)(1)  "Department" means the Department of Management
248	Services.
249	(30)(2)  "Secretary" means the Secretary of Management
250	Services.
251	(3)  "Furlough" means a temporary reduction in the regular
252	hours of employment in a pay period, or temporary leave without
253	pay for one or more pay periods, with a commensurate reduction
254	in pay, necessitated by a projected deficit in any fund that
255	supports salary and benefit appropriations. The deficit must be
256	projected by the Revenue Estimating Conference pursuant to s.
257	216.136(3).
258	(31)(4)  "State agency" or "agency" means any of the
259	following entities and organizational units of such entities as
260	specified by law: official, officer, commission, board,
261	authority, council, committee, or department of the executive
262	branch or the judicial branch of state government as defined in
263	chapter 216.
264	(a)  Agency for Enterprise Information Technology.
265	(b)  Agency for Health Care Administration.
266	(c)  Agency for Persons with Disabilities.
267	(d)  Agency for Workforce Innovation.
268	(e)  Department of Agriculture and Consumer Services.
269	(f)  Department of Business and Professional Regulation.
270	(g)  Department of Children and Family Services.
271	(h)  Department of Citrus.
272	(i)  Department of Community Affairs.
273	(j)  Department of Corrections.
274	(k)  Department of Education.
275	(l)  Department of Elderly Affairs.
276	(m)  Department of Environmental Protection.
277	(n)  Department of Financial Services.
278	(o)  Department of Health.
279	(p)  Department of Highway Safety and Motor Vehicles.
280	(q)  Department of Juvenile Justice.
281	(r)  Department of Law Enforcement.
282	(s)  Department of Legal Affairs.
283	(t)  Department of Management Services.
284	(u)  Department of Military Affairs, except for "military"
285	personnel positions as defined in s. 250.05(2).
286	(v)  Department of Revenue.
287	(w)  Department of State.
288	(x)  Department of Transportation.
289	(y)  Department of Veterans' Affairs.
290	(z)  Executive Office of the Governor.
291	(aa)  Fish and Wildlife Conservation Commission.
292	(bb)  Florida Public Service Commission.
293	(cc)  Florida School for the Deaf and the Blind, except for
294	the "academic" and "academic administrative" personnel covered
295	by s. 1002.36(4)(f)1.
296	(dd)  Parole Commission.
297	(32)  "State employee" or "employee" means an employee of a
298	state agency.
299	(33)  "State Personnel System" means the system of
300	personnel administration for authorized civil service, selected
301	exempt service, and senior management service positions and
302	other-personal-services employment within a state agency.
303	(22)(5)  "Position" means the work, consisting of duties
304	and responsibilities, assigned to be performed by an officer or
305	employee.
306	(23)  "Position description" means the document that
307	accurately describes the assigned duties, responsibilities, and
308	other pertinent information, including licensure or
309	certification or registration requirements, of a position and
310	that serves as the official record of the work and other
311	requirements of the position.
312	(10)(6)  "Full-time position" means a position authorized
313	for the entire normally established work period, daily, weekly,
314	monthly, or annually.
315	(19)(7)  "Part-time position" means a position authorized
316	for less than the entire normally established work period,
317	whether daily, weekly, monthly, or annually.
318	(16)(8)  "Occupation" means all positions that which are
319	sufficiently similar in knowledge, skills, and abilities, and
320	sufficiently similar as to kind or subject matter of work.
321	(17)(9)  "Occupational group" means a group of occupations
322	which are sufficiently similar in the kind of work performed to
323	warrant the use of the same performance factors in determining
324	the level of complexity for all occupations in that occupational
325	group.
326	(18)  "Other personal services" means temporary employment
327	as provided in s. 112.907.
328	(3)(10)  "Classification system plan" means a formal
329	description of the concepts, rules, job family definitions,
330	occupational group characteristics, and occupational profiles,
331	and broadband levels used to classify in the classification of
332	positions.
333	(20)(11)  "Pay plan" means a formal description of the
334	philosophy, methods, procedures, and salary schedules for
335	competitively compensating employees at market-based rates for
336	work performed.
337	(29)(12)  "Salary schedule" means an official document that
338	which contains a complete list of occupation titles, broadband
339	level codes, and pay bands, and other related information.
340	(1)(13)  "Authorized position" means a position included in
341	an approved budget. In counting the number of authorized
342	positions, part-time positions may be converted to full-time
343	equivalents.
344	(8)(14)  "Established position" means an authorized
345	position that which has been classified in accordance with a
346	classification system and pay plan as provided by law.
347	(24)(15)  "Position number" means the identification number
348	assigned to an established position or other-personal-services
349	employment position.
350	(28)(16)  "Reclassification" means changing an established
351	position in one broadband level in an occupational group to a
352	higher or lower broadband level within in the same occupation or
353	changing an established position to a different occupation,
354	either of which is the result of a change in the duties and
355	responsibilities of the position occupational group or to a
356	broadband level in a different occupational group.
357	(26)(17)  "Promotion" means moving a civil service employee
358	to a higher broadband level within an occupation, or moving an
359	employee to an occupation that has a broadband level having
360	changing the classification of an employee to a broadband level
361	having a higher maximum salary; or the changing of the
362	classification of an employee to a broadband level having the
363	same or a lower maximum salary but a higher level of
364	responsibility.
365	(4)(18)  "Demotion" means moving a civil service changing
366	the classification of an employee to a lower broadband level
367	within an occupation, or moving an employee to an occupation
368	that has a broadband level having a lower maximum salary; or the
369	changing of the classification of an employee to a broadband
370	level having the same or a higher maximum salary but a lower
371	level of responsibility.
372	(36)(19)  "Transfer" means moving a civil service an
373	employee from one geographic location of the state to a
374	different geographic location that is more than in excess of 50
375	highway miles from the employee's current work location. The
376	mileage shall be calculated using an official Department of
377	Transportation map.
378	(27)(20)  "Reassignment" means moving a civil service an
379	employee from a position in an occupation to a position in the
380	same occupation that has the same one broadband level but with
381	different duties; or to a different position in a different
382	occupation that has a the same broadband level having the same
383	maximum salary; or to a position in the same occupation that has
384	the same different broadband level and substantially the same
385	duties, but is in a different agency having the same maximum
386	salary.
387	(6)(21)  "Dismissal" means a disciplinary action taken by
388	an agency pursuant to s. 110.227 against a civil service an
389	employee that results resulting in the termination of his or her
390	employment.
391	(34)(22)  "Suspension" means a disciplinary action taken by
392	an agency pursuant to s. 110.227 against a civil service an
393	employee which to temporarily relieves relieve the employee of
394	his or her duties and places place him or her on leave without
395	pay.
396	(35)  "Telework" means an alternative work arrangement that
397	allows an employee to conduct all or some of his or her work
398	away from the official work site during all or some portion of
399	the employee's established work hours on a regular basis.
400	(14)(23)  "Layoff" means termination of employment due to a
401	shortage of funds or work, or a material change in the duties or
402	organization of an agency, including the outsourcing or
403	privatization of an activity or function previously performed by
404	civil career service employees.
405	(15)  "Merit status" means the status attained by a civil
406	service employee upon successfully completing the probationary
407	period for his or her current position by demonstrating
408	competency in performing the duties and responsibilities of that
409	position.
410	(7)(24)  "Employing agency" means any agency authorized to
411	employ personnel to carry out the responsibilities of the agency
412	pursuant to under the provisions of chapter 20 or other law
413	statutory authority.
414	(25)  "Shared employment" means part-time career employment
415	whereby the duties and responsibilities of a full-time position
416	in the career service are divided among part-time employees who
417	are eligible for the position and who receive career service
418	benefits and wages pro rata. In no case shall "shared
419	employment" include the employment of persons paid from other-
420	personal-services funds.
421	(9)(26)  "Firefighter" means a firefighter certified under
422	chapter 633.
423	(13)(27)  "Law enforcement or correctional officer" means a
424	law enforcement officer, special agent, correctional officer,
425	correctional probation officer, or institutional security
426	specialist required to be certified under chapter 943.
427	(25)(28)  "Professional health care provider" means
428	registered nurses, physician's assistants, dentists,
429	psychologists, nutritionists or dietitians, pharmacists,
430	psychological specialists, physical therapists, and speech and
431	hearing therapists.
432	(11)(29)  "Job family" means a defined grouping of one or
433	more similar occupational groups.
434	(12)  "Lateral" means moving a civil service employee
435	within an agency to a different position that is in the same
436	occupation, is at the same broadband level having the same
437	maximum salary, and has substantially the same duties and
438	responsibilities.
439	(21)(30)  "Pay band" means the minimum salary, the maximum
440	salary, and intermediate rates that which are payable for work
441	in a specific broadband level.
442	(2)(31)  "Broadband level" means all positions that which
443	are sufficiently similar in knowledge, skills, and abilities;
444	the, and sufficiently similar as to kind or subject matter of
445	work; the, level of difficulty or responsibilities;, and the
446	qualification requirements of the work so as to warrant the same
447	treatment with respect as to title, pay band, and other
448	personnel transactions.
449	Section 5.  Section 110.1055, Florida Statutes, is amended
450	to read:
451	110.1055  Rules and Rulemaking authority.-
452	(1)  The department shall of Management Services shall
453	adopt rules as necessary to carry out its statutory duties
454	effectuate the provisions of this chapter, as amended by this
455	act, and in accordance with the authority granted to the
456	department in this chapter. All existing rules relating to this
457	chapter are statutorily repealed January 1, 2002, unless
458	otherwise readopted.
459	(2)  In consultation with the state agencies, the
460	department shall develop uniform personnel rules, guidelines,
461	records, and reports relating to employees in the State
462	Personnel System. The department may adopt rules that provide
463	alternative requirements.
464	(3)  Upon adoption, the uniform personnel rules constitute
465	the personnel rules for each state agency.
466	(a)  Each agency must comply with the uniform rules unless:
467	1.  The Administration Commission has granted an exception
468	to a specific rule. An agency may request an exception to the
469	uniform personnel rules by filing a petition with the
470	commission. The commission shall approve an exception if the
471	exception is necessary to conform to any requirement imposed as
472	a condition precedent to receipt of federal funds, to permit
473	persons in this state to receive tax benefits under federal law,
474	or if required for the most efficient operation of the agency as
475	determined by the commission. The reasons for the exception must
476	be published in the Florida Administrative Weekly. Agency rules
477	that provide exceptions to the uniform rules may not be adopted
478	unless approved by the commission.
479	2.  The agency must comply with a statutory provision that
480	conflicts with the uniform rules. In such case, the agency shall
481	notify the department, the Administration Commission, the
482	Administrative Procedures Committee, and the appropriate
483	standing committees of the Legislature and advise the standing
484	committees if the agency recommends revision of the statute to
485	conform it to the uniform rules. Agencies are encouraged to
486	propose methods for conforming statutory provisions to the
487	uniform rules.
488	(b)  An agency that adopts rules that provide an exception
489	to the uniform rules or that comply with statutory requirements
490	that conflict with the uniform rules must have a separate
491	chapter published in the Florida Administrative Code. The
492	chapter must clearly delineate the provisions of the agency's
493	rules which provide an exception or which are based on a
494	conflicting statutory requirement. Each alternative chosen from
495	those authorized by the uniform rules must be specified. Each
496	chapter must be organized in the same manner as the uniform
497	rules.
498	(c)  Any rule adopted by an agency which is an exception to
499	the uniform rules or which is based upon a conflicting statutory
500	provision may not prescribe personnel policies inconsistent with
501	the provisions of this chapter. Such rules may not include any
502	benefits for State Personnel System employees which exceed, or
503	are in addition to, those authorized by this chapter, and must
504	comply with all federal regulations necessary to allow the
505	agency to receive federal funds.
506	(4)  The department may develop uniform forms and
507	instructions relating to personnel transactions as the
508	department determines necessary.
509	(5)  The agency is responsible for maintaining up-to-date
510	personnel records and reports in accordance with applicable
511	rules and laws.
512	Section 6.  Section 110.1056, Florida Statutes, is created
513	to read:
514	110.1056  Agency audits.-The department may periodically
515	audit agency records to determine compliance with this chapter
516	and department rules.
517	Section 7.  Section 110.405, Florida Statutes, is
518	transferred, renumbered as section 110.106, Florida Statutes,
519	and amended to read:
520	110.106 110.405  Advisory committees.-The secretary of
521	Management Services may at any time appoint an ad hoc or
522	continuing advisory committee consisting of members of the
523	Senior Management Service or other persons knowledgeable in the
524	field of personnel management. Advisory committees Any Such
525	committee shall consist of not more than nine members, who shall
526	serve at the pleasure of and meet at the call of the secretary
527	and, at the request of the secretary, shall provide advice and
528	consultation, to advise and consult with the secretary on such
529	matters affecting the State Personnel System Senior Management
530	Service as the secretary requests. Members shall serve without
531	compensation, but are shall be entitled to receive reimbursement
532	for travel expenses as provided in s. 112.061. The secretary may
533	periodically hire a consultant who has with expertise in
534	personnel administration management to advise him or her with
535	respect to the administration of the State Personnel System
536	Senior Management Service.
537	Section 8.  Section 110.1065, Florida Statutes, is created
538	to read:
539	110.1065  General employment policies and requirements.-
540	(1)  It is the policy of the State Personnel System:
541	(a)  That all appointments, terminations, assignments, and
542	maintenance of status, compensation, privileges, and other terms
543	and conditions of employment in the State Personnel System shall
544	be made without regard to age, sex, race, color, religion,
545	national origin, political affiliation, marital status,
546	disability, or genetic information, unless a specific
547	requirement constitutes a bona fide occupational qualification.
548	(b)  That sexual harassment is a form of discrimination
549	and, therefore, is prohibited and shall be defined in a manner
550	consistent with federal law.
551	(c)  To support employees in balancing their personal needs
552	and work responsibilities. This policy is designed to enhance
553	the employee's ability to blend the competing demands of work
554	and personal life and produce a more skilled, accountable, and
555	committed workforce for the state. Provisions may include, but
556	need not be limited to, flexible work schedules, telework, part-
557	time employment, and leaves of absence with or without pay.
558	(d)  To adopt and comply with the federal Family and
559	Medical Leave Act, except for those provisions that do not
560	specifically apply to state government employers. With regard to
561	those provisions, the sovereign immunity of the state is not
562	waived and the rules of the department relating to leave
563	control.
564	(2)  Except as expressly provided by law, Florida residency
565	may not be required for any person as a condition precedent to
566	employment; however, preference in hiring may be given to state
567	residents.
568	(3)  State agencies that use other-personal-services
569	employment must comply with s. 112.907.
570	(4)  Employees of the State Personnel System may be
571	furloughed pursuant to s. 112. 917.
572	(5)  This chapter may not be construed to infringe upon or
573	supersede the rights guaranteed public employees under chapter
574	447.
575	(6)  The department may adopt rules necessary to administer
576	this section.
577	(7)  The provisions of parts IX and XI of chapter 112 are
578	applicable to the State Personnel System. The department may
579	adopt rules necessary to administer those sections.
580	Section 9.  Section 110.233, Florida Statutes, is
581	transferred, renumbered as section 110.1075, Florida Statutes,
582	and amended to read:
583	110.1075 110.233  Political activities and unlawful acts
584	prohibited.-
585	(1)  No person shall be appointed to, demoted, or dismissed
586	from any position in the Civil career Service, or in any way
587	favored or discriminated against with respect to employment in
588	the Civil career Service, because of race, color, national
589	origin, sex, handicap, religious creed, or
590	affiliation.
591	(2)  No person may shall use or promise to use, directly or
592	indirectly, any official authority or influence, whether
593	possessed or anticipated, to secure or attempt to secure for any
594	person an appointment or advantage in appointment to a position
595	in the Civil career Service, or an increase in pay or other
596	advantage in employment in any such position, for the purpose of
597	influencing the vote or political action of any person or for
598	any consideration.; However, letters of inquiry,
599	recommendations, and references by public employees or public
600	officials are shall not be considered political pressure unless
601	they contain any such letter contains a threat, intimidation, or
602	irrelevant, derogatory, or false information. For the purposes
603	of this section, the term "political pressure," in addition to
604	any appropriate meaning that which may be ascribed thereto by
605	lawful authority, includes the use of official authority or
606	influence in any manner prohibited by this chapter.
607	(3)  No person may shall, directly or indirectly, give,
608	render, pay, offer, solicit, or accept any money, service, or
609	other valuable consideration for or on account of any
610	appointment, proposed appointment, promotion or proposed
611	promotion to, or any advantage in, a position in the Civil
612	career Service. The provisions of This subsection does do not
613	apply to a private employment agency if licensed pursuant to the
614	provisions of chapter 449 when the services of the such private
615	employment agency are requested by a state agency, board,
616	department, or commission and neither the state nor any
617	political subdivision pays the private employment agency for
618	such services.
619	(4)  As an individual, each employee retains all rights and
620	obligations of citizenship provided in the Constitution and laws
621	of the state and the Constitution and laws of the United States.
622	However, an no employee in the Civil career Service may not
623	shall:
624	(a)  Hold, or be a candidate for, public office while in
625	the employment of the state or take an any active part in a
626	political campaign while on duty or within any period of time
627	during which the employee is expected to perform services for
628	which he or she receives compensation from the state. However,
629	if when authorized by his or her agency head and approved by the
630	department as not involving an no interest that which conflicts
631	or activity that which interferes with his or her state
632	employment, an employee in the Civil career Service may be a
633	candidate for or hold local public office. The department shall
634	prepare and make available to all affected personnel who make
635	such request a definite set of rules and procedures consistent
636	with this paragraph the provisions herein.
637	(b)  Use the authority of his or her position to secure
638	support for, or oppose, any candidate, party, or issue in a
639	partisan election or affect the results thereof.
640	(5)  No State Personnel System employee or official may
641	shall use any promise of reward or threat of loss to encourage
642	or coerce any employee to support or contribute to any political
643	issue, candidate, or party.
644	(6)  The department shall adopt by rule procedures for
645	State Personnel Career Service System employees which that
646	require disclosure to the agency head of any application for or
647	offer of employment, gift, contractual relationship, or
648	financial interest with any individual, partnership,
649	association, corporation, utility, or other organization,
650	whether public or private, doing business with or subject to
651	regulation by the agency.
652	(7)  The department may adopt rules to administer this
653	section.
654	Section 10.  Section 110.1099, Florida Statutes, is amended
655	to read:
656	110.1099  Elective education, professional development, and
657	training opportunities for civil service, selected exempt, and
658	senior management service state employees.-
659	(1)(a)  The education and professional development of
660	employees training are an integral components component in
661	improving the delivery of services to the public. Recognizing
662	that the application of productivity-enhancing technology and
663	practice demands continuous educational and development training
664	opportunities, an a state employee may be authorized to receive
665	a voucher, or grant, or tuition reimbursement for matriculation
666	fees, to attend work-related courses at public community
667	colleges, public career centers, or public universities, or
668	other accredited postsecondary educational institutions. The
669	department may implement the provisions of this section from
670	funds appropriated to the department for this purpose. In the
671	event insufficient funds are appropriated to the department,
672	Each state agency may supplement these funds to support the
673	educational and professional development training and education
674	needs of its employees from funds appropriated to the agency.
675	(b)  For the 2001-2002 fiscal year only and notwithstanding
676	the provisions of paragraph (a), state employees may not be
677	authorized to receive fundable tuition waivers on a space-
678	available basis. This paragraph expires July 1, 2002.
679	(2)  The department, in conjunction with the agencies,
680	shall request that public universities provide evening and
681	weekend programs for state employees. When evening and weekend
682	training and educational programs are not available, an employee
683	may be authorized to take paid time off during his or her
684	regular working hours for training and career development, as
685	provided in s. 110.105(1), if such training benefits the
686	employer as determined by that employee's agency head.
687	(2)(3)  An employee who exhibits superior aptitude and
688	performance may be authorized by his or her that employee's
689	agency head to take a paid educational leave of absence for up
690	to 1 academic year at a time, for specific approved work-related
691	education and professional development training. The That
692	employee must enter into a contract to return to the agency
693	granting the leave state employment for a period of time equal
694	to the length of the leave of absence or refund the salary and
695	benefits paid during the his or her educational leave of
696	absence.
697	(3)(4)  As a precondition to approving an employee's
698	training request for any educational, development, or training
699	program, an agency or the judicial branch may require the an
700	employee to enter into an agreement that provides that, if the
701	employee voluntarily terminates employment or is
702	the agency within a specified period of time, not
703	years after the conclusion of the program, he or she
704	requires the employee to reimburse the agency or judicial branch
705	for up to the total cost of fees and associated expenses for the
706	program if the registration fee or similar expense for any
707	training or training series when the total cost of the fee or
708	similar expense exceeds $1,000 if the employee voluntarily
709	terminates employment or is discharged for cause from the agency
710	or judicial branch within a specified period of time not to
711	exceed 4 years after the conclusion of the training. This
712	subsection does not apply to any training program or course that
713	an agency or the judicial branch requires an employee to attend.
714	An agency or the judicial branch may pay the outstanding balance
715	then due and owing on behalf of an a state employee under this
716	subsection in connection with the recruitment and hiring of such
717	state employee.
718	(4)(5)  The department may of Management Services, in
719	consultation with the agencies and, to the extent applicable,
720	with Florida's public community colleges, public career centers,
721	and public universities, shall adopt rules to administer this
722	section.
723	Section 11.  Section 110.235, Florida Statutes, is
724	transferred, renumbered as section 110.1115, Florida Statutes,
725	and amended to read:
726	110.1115 110.235  Training and professional development of
727	employees.-
728	(1)  State agencies shall implement training and
729	professional development programs that encompass modern
730	management principles, and that provide the framework to develop
731	human resources, through empowerment, training, and rewards for
732	productivity enhancement; to continuously improve the quality of
733	services,; and to satisfy the expectations of the public.
734	(2)  Each state employing agency shall provide the
735	department with training information as requested for the
736	purpose of analyzing statewide training needs annually evaluate
737	and report to the department the training it has implemented and
738	the progress it has made in the area of training.
739	(3)  As approved by the Legislature by law, Each state
740	employing agency may use a portion specified percentage of its
741	salary budget to implement training programs.
742	(4)  In order to promote the development of managerial,
743	executive, or administrative skills among employees, each agency
744	may establish and administer a training program that may
745	include, but need not be limited to:
746	(a)  Improving the performance of individuals and groups of
747	employees.
748	(b)  Relating the efforts of employees to the goals of the
749	organization.
750	(c)  Strategic planning.
751	(d)  Team leadership.
752	(5)  The department is responsible for ensuring that
753	appropriate state agency personnel are adequately trained in the
754	proper administration of state personnel system policies and
755	procedures, compliance with all applicable federal and state
756	workforce regulations, and the promotion of efficient and
757	equitable employment practices. The department may host
758	workshops, conferences, and other professional development
759	activities that focus on the training needs of agency staff who
760	are responsible for human resource management, training and
761	development, and benefits administration.
762	(a)  The department may coordinate with the appropriate
763	business units of the state universities or community colleges
764	for the purpose of sponsoring conferences and expositions that
765	provide continuing professional development to the agencies in
766	the areas of human resource management, payroll and benefits
767	administration, and other topics critical to the proper
768	administration of the state workforce.
769	(b) For the purposes of leveraging resources and promoting
770	best practices, the department may open such conferences to all
771	state and local public employers having shared interests in
772	public-sector human resource management and related topics.
773	(6)  The department may adopt rules necessary to administer
774	this section.
775	Section 12.  Section 110.112, Florida Statutes, is amended
776	to read:
777	110.112  Affirmative action; Equal employment opportunity.-
778	(1)  It is shall be the policy of the State Personnel
779	System to assist in ensuring providing the assurance of equal
780	employment opportunity through programs of affirmative and
781	positive action that will allow full utilization of women and
782	minorities.
783	(2)(a)  The head of each state executive agency shall
784	develop and implement an affirmative action plan in accordance
785	with this section and applicable state and federal laws rules
786	adopted by the department and approved by a majority vote of the
787	Administration Commission before their adoption.
788	(a)(b)  Each executive agency shall establish annual goals
789	for ensuring the full utilization of groups underrepresented in
790	its workforce as compared to the relevant labor market, as
791	defined by the agency. Each executive agency shall design its
792	affirmative action plan to meet its established goals.
793	(b)(c)  An equal affirmative action-equal employment
794	opportunity officer shall be appointed by the head of each
795	executive agency. The affirmative action-equal employment
796	opportunity officer's responsibilities must include determining
797	annual goals, monitoring agency compliance, and providing
798	consultation to managers regarding progress, deficiencies, and
799	appropriate corrective action.
800	(c)(d)  The department shall report information in its
801	annual workforce report relating to the demographic composition
802	of the workforce of the State Personnel System as compared to
803	the relevant state labor market the implementation, continuance,
804	updating, and results of each executive agency's affirmative
805	action plan for the previous fiscal year. The agencies shall
806	provide the department with the information necessary to comply
807	with this provision.
808	(e)  The department shall provide to all supervisory
809	personnel of the executive agencies training in the principles
810	of equal employment opportunity and affirmative action, the
811	development and implementation of affirmative action plans, and
812	the establishment of annual affirmative action goals. The
813	department may contract for training services, and each
814	participating agency shall reimburse the department for costs
815	incurred through such contract. After the department approves
816	the contents of the training program for the agencies, the
817	department may delegate this training to the executive agencies.
818	(3)  Each state attorney and public defender shall:
819	(a)  Develop and implement an affirmative action plan.
820	(b)  Establish annual goals for ensuring full utilization
821	of groups underrepresented in its workforce as compared to the
822	relevant labor market in this state. The state attorneys' and
823	public defenders' affirmative action plans must be designed to
824	meet the established goals.
825	(c)  Appoint an affirmative action-equal employment
826	opportunity officer.
827	(d)  Report annually to the Justice Administrative
828	Commission on the implementation, continuance, updating, and
829	results of his or her affirmative action program for the
830	previous fiscal year.
831	(3)(4)  Each The state agency, its agencies and officers
832	shall ensure freedom from discrimination in employment in
833	accordance with applicable state and federal laws as provided by
834	the Florida Civil Rights Act of 1992, by s. 112.044, and by this
835	chapter.
836	(4)  All recruitment literature that references State
837	Personnel System position vacancies must contain the phrase "An
838	Equal Opportunity Employer."
839	(5)  Any individual claiming to be aggrieved by an unlawful
840	employment practice may file a complaint with the Florida
841	Commission on Human Relations as provided by s. 760.11.
842	(6)  The department may adopt rules necessary to administer
843	shall review and monitor executive agency actions in carrying
844	out the rules adopted by the department pursuant to this
845	section.
846	Section 13.  Section 110.1127, Florida Statutes, is amended
847	to read:
848	110.1127  Employee background screening and investigations
849	security checks.-
850	(1)  Except as provided in subsection (2), each state
851	agency shall designate employee positions that require security
852	background screening. All persons and employees in such
853	positions must undergo employment screening in accordance with
854	chapter 435, using level 1 screening standards, as a condition
855	of employment and continued employment.
856	(2)(1)  Each state employing agency shall designate those
857	employee positions that, because of the special trust or
858	responsibility or sensitive location, require security
859	background investigations. All persons and employees in such
860	positions must undergo employment screening in accordance with
861	chapter 435, using level 2 screening standards of those
862	positions, require that persons occupying those positions be
863	subject to a security background check, including
864	fingerprinting, as a condition of employment and continued
865	employment.
866	(2)(a)  All positions within the Division of Treasury of
867	the Department of Financial Services are deemed to be positions
868	of special trust or responsibility. Such persons, and a person
869	may be disqualified for employment in any such position
870	reason of:
871	1.  The conviction or prior conviction of a crime that
872	which is reasonably related to the nature of the position sought
873	or held by the individual; or
874	2.  The entering of a plea of nolo contendere or, when a
875	jury verdict of guilty is rendered but adjudication of guilt is
876	withheld, with respect to a crime that which is reasonably
877	related to the nature of the position sought or held by the
878	individual.
879	(b)  All employees of the division shall be required to
880	undergo security background investigations, including
881	fingerprinting, as a condition of employment and continued
882	employment.
883	(b)(3)(a)  All positions in programs providing care to
884	children, the developmentally disabled, or vulnerable adults for
885	15 hours or more per week; all permanent and temporary employee
886	positions of the central abuse hotline; and all persons working
887	under contract who have access to abuse records are deemed to be
888	persons and positions of special trust or responsibility, and
889	require employment screening pursuant to chapter 435, using the
890	level 2 standards set forth in that chapter.
891	1.(b)  The employing agency may grant exemptions from
892	disqualification from working with children, the developmentally
893	disabled, or vulnerable adults as provided in s. 435.07.
894	(c)  All persons and employees in such positions of trust
895	or responsibility shall be required to undergo security
896	background investigations as a condition of employment and
897	continued employment. For the purposes of this subsection,
898	security background investigations shall be conducted as
899	provided in chapter 435, using the level 2 standards for
900	screening set forth in that chapter.
901	2.(d)  It is a misdemeanor of the first degree, punishable
902	as provided in s. 775.082 or s. 775.083, for any person
903	willfully, knowingly, or intentionally to:
904	a.1.  Fail, by false statement, misrepresentation,
905	impersonation, or other fraudulent means, to disclose in any
906	application for voluntary or paid employment a material fact
907	used in making a determination as to such person's
908	qualifications for a position of special trust;
909	b.2.  Use records information contained in records for
910	purposes other than background screening or investigation for
911	employment or release such records information to other persons
912	for purposes other than preemployment screening or investigation
913	for employment.
914	3.(e)  It is a felony of the third degree, punishable as
915	provided in s. 775.082, s. 775.083, or s. 775.084, for any
916	person to willfully, knowingly, or intentionally to use juvenile
917	records information for any purposes other than those specified
918	in this section or to release such information to other persons
919	for purposes other than those specified in this section.
920	(3)(4)  Any person who is required to undergo such a
921	security background screening or investigation and who refuses
922	to cooperate in such screening or investigation or refuses to
923	submit fingerprints shall be disqualified for employment in such
924	position or, if employed, shall be dismissed.
925	(4)(5)  Such Background screening and investigations shall
926	be conducted at the expense of the employing state agency. If
927	When fingerprinting is required, the fingerprints of the
928	employee or applicant for employment shall be taken by the
929	employing agency or by an authorized law enforcement officer and
930	submitted to the Department of Law Enforcement for processing
931	and shall be forwarded if forwarding, when requested by the
932	employing agency, to the United States Department of Justice for
933	processing. The employing agency shall reimburse the Department
934	of Law Enforcement for any costs incurred for by it in the
935	processing of the fingerprints.
936	(5)  The department may adopt rules necessary to administer
937	this section.
938	Section 14.  Section 110.113, Florida Statutes, is amended
939	to read:
940	110.113  Pay periods for state officers and employees;
941	salary payments by direct deposit.-
942	(1)  The normal pay period for salaries of state officers
943	and employees shall be 1 month. The Department of Financial
944	Services shall issue either monthly or biweekly salary payments
945	to State Personnel System officers and employees by state
946	warrants or by direct deposit pursuant to s. 17.076 or make
947	semimonthly salary payments by direct deposit pursuant to s.
948	17.076, as requested by the head of each state agency and
949	approved by the Executive Office of the Governor and the
950	Department of Financial Services.
951	(2)  The department may adopt rules necessary to administer
952	this section.
953	(2)  As a condition of employment, a person appointed to a
954	position in state government is required to participate in the
955	direct deposit program pursuant to s. 17.076. An employee may
956	request an exemption from the provisions of this subsection when
957	such employee can demonstrate a hardship or when such employee
958	is in an other-personal-services position.
959	Section 15.  Section 110.1135, Florida Statutes, is created
960	to read:
961	110.1135  Attendance and leave records.-Each state agency
962	shall keep an accurate record of all hours of work performed by
963	each employee, as well as a complete and accurate record of all
964	authorized leave. The ultimate responsibility for the accuracy
965	and proper maintenance of all attendance and leave records is
966	with the agency head.
967	Section 16.  Section 110.116, Florida Statutes, is amended
968	to read:
969	110.116  Human resource information Personnel information
970	system; payroll procedures.-
971	(1)  The department of Management Services shall establish
972	and maintain, in coordination with the payroll system of the
973	Department of Financial Services, a complete human resource
974	personnel information system for all authorized and established
975	positions in the State Personnel System service, with the
976	exception of employees of the Legislature, unless the
977	Legislature chooses to participate. The department may contract
978	with a vendor to provide the human resource personnel
979	information system. The specifications shall be developed in
980	conjunction with the payroll system of the Department of
981	Financial Services and in coordination with the Auditor General.
982	The Department of Financial Services shall determine that the
983	position occupied by each employee has been authorized and
984	established in accordance with the provisions of s. 216.251. The
985	human resource information system must include Department of
986	Management Services shall develop and maintain a position
987	numbering system that identifies will identify each established
988	position, and such information shall be a part of the payroll
989	system of the Department of Financial Services. The With the
990	exception of employees of the Legislature, unless the
991	Legislature chooses to participate, this system must shall
992	include all civil career service positions and those positions
993	exempted from the Civil Service career service provisions,
994	notwithstanding the funding source of the salary payments, and
995	information regarding persons receiving salary payments from
996	other sources. Necessary revisions shall be made in the
997	personnel and payroll procedures of the state to avoid
998	duplication to the extent that it insofar as is feasible to do
999	so. The information in the system must A list shall be organized
1000	by budget entity to show the employees or vacant positions
1001	within each budget entity. The information This list shall be
1002	made available to the Speaker of the House of Representatives
1003	and the President of the Senate upon request.
1004	(2)  The department may adopt rules necessary to administer
1005	this section.
1006	Section 17.  Section 110.117, Florida Statutes, is amended
1007	to read:
1008	110.117  Paid holidays and personal day.-
1009	(1)  The following holidays are shall be paid holidays
1010	observed by all state branches and agencies:
1011	(a)  New Year's Day.
1012	(b)  Birthday of Martin Luther King, Jr., third Monday in
1013	January.
1014	(c)  Memorial Day.
1015	(d)  Independence Day.
1016	(e)  Labor Day.
1017	(f)  Veterans' Day, November 11.
1018	(g)  Thanksgiving Day.
1019	(h)  Friday after Thanksgiving.
1020	(i)  Christmas Day.
1021	(j)  If any of these holidays falls on Saturday, the
1022	preceding Friday shall be observed as a holiday. If any of these
1023	holidays falls on Sunday, the following Monday shall be observed
1024	as a holiday.
1025	(2)  The Governor may declare, if when appropriate, a state
1026	day of mourning in observance of the death of a person in
1027	recognition of service rendered to the state or nation.
1028	(3)  Each full-time employee in an authorized and
1029	established position is entitled to one personal day holiday
1030	each year. Each part-time employee is entitled to a personal day
1031	holiday each year, which shall be calculated based on the full-
1032	time equivalency of the position proportionately to the personal
1033	holiday allowed to a full-time employee. The Such personal day
1034	holiday shall be credited to eligible employees on July 1 of
1035	each year and must to be taken by prior to June 30 of the
1036	following year or forfeited. The personal day must be taken as a
1037	whole day and may not be used incrementally. Members
1038	teaching and research faculty of the State University System and
1039	administrative and professional positions exempted under s.
1040	110.205(2)(d) are not eligible for this benefit.
1041	(4)  Other-personal-services employees are not eligible for
1042	paid holidays or a personal day.
1043	Section 18.  Section 110.1245, Florida Statutes, is amended
1044	to read:
1045	110.1245  Savings sharing program; Bonus payments; other
1046	awards.-
1047	(1)(a)  The Department of Management Services shall adopt
1048	rules that prescribe procedures and promote a savings sharing
1049	program for an individual or group of employees who propose
1050	procedures or ideas that are adopted and that result in
1051	eliminating or reducing state expenditures, if such proposals
1052	are placed in effect and may be implemented under current
1053	statutory authority.
1054	(b)  Each agency head shall recommend employees
1055	individually or by group to be awarded an amount of money, which
1056	amount shall be directly related to the cost savings realized.
1057	Each proposed award and amount of money must be approved by the
1058	Legislative Budget Commission.
1059	(c)  Each state agency, unless otherwise provided by law,
1060	may participate in the program. The Chief Justice shall have the
1061	authority to establish a savings sharing program for employees
1062	of the judicial branch within the parameters established in this
1063	section. The program shall apply to all employees within the
1064	Career Service, the Selected Exempt Service, and comparable
1065	employees within the judicial branch.
1066	(d)  The department and the judicial branch shall submit
1067	annually to the President of the Senate and the Speaker of the
1068	House of Representatives information that outlines each agency's
1069	level of participation in the savings sharing program. The
1070	information shall include, but is not limited to:
1071	1.  The number of proposals made.
1072	2.  The number of dollars and awards made to employees or
1073	groups for adopted proposals.
1074	3.  The actual cost savings realized as a result of
1075	implementing employee or group proposals.
1076	(1)(2)  In June of each year, Bonuses may shall be paid to
1077	employees from funds authorized by the Legislature in an
1078	appropriation specifically for bonuses. Bonuses shall be
1079	distributed in accordance with the criteria and instructions
1080	provided in the General Appropriations Act. Each agency shall
1081	develop a plan for awarding lump-sum bonuses, which plan shall
1082	be submitted no later than September 15 of each year and
1083	approved by the Office of Policy and Budget in the Executive
1084	Office of the Governor. Such plan shall include, at a minimum,
1085	but is not limited to:
1086	(a)  A statement that bonuses are subject to specific
1087	appropriation by the Legislature.
1088	(b)  Eligibility criteria as follows:
1089	1.  The employee must have been employed prior to July 1 of
1090	that fiscal year and have been continuously employed through the
1091	date of distribution.
1092	2.  The employee must not have been on leave without pay
1093	consecutively for more than 6 months during the fiscal year.
1094	3.  The employee must have had no sustained disciplinary
1095	action during the period beginning July 1 through the date the
1096	bonus checks are distributed. Disciplinary actions include
1097	written reprimands, suspensions, dismissals, and involuntary or
1098	voluntary demotions that were associated with a disciplinary
1099	action.
1100	4.  The employee must have demonstrated a commitment to the
1101	agency mission by reducing the burden on those served,
1102	continually improving the way business is conducted, producing
1103	results in the form of increased outputs, and working to improve
1104	processes.
1105	5.  The employee must have demonstrated initiative in work
1106	and have exceeded normal job expectations.
1107	6.  The employee must have modeled the way for others by
1108	displaying agency values of fairness, cooperation, respect,
1109	commitment, honesty, excellence, and teamwork.
1110	(c)  A periodic evaluation process of the employee's
1111	performance.
1112	(d)  A process for peer input that is fair, respectful of
1113	employees, and affects the outcome of the bonus distribution.
1114	(e)  A division of the agency by work unit for purposes of
1115	peer input and bonus distribution.
1116	(f)  A limitation on bonus distributions equal to 35
1117	percent of the agency's total authorized positions. This
1118	requirement may be waived by the Office of Policy and Budget in
1119	the Executive Office of the Governor upon a showing of
1120	exceptional circumstances.
1121	(2)(3)  Each agency head may department head is authorized
1122	to incur expenditures to provide cash awards to award suitable
1123	framed certificates, pins, and other tokens of recognition to
1124	retiring state employees whose service with the state has been
1125	satisfactory, in appreciation of their role in the achievement
1126	of the agency's mission, values, or goals and recognition of
1127	such service. Each award Such awards may not cost more than in
1128	excess of $100 each plus applicable taxes.
1129	(3)(4)  Each agency department head may is authorized to
1130	incur expenditures to award suitable framed certificates, pins,
1131	and or other noncash tokens of recognition. Each token to state
1132	employees who demonstrate satisfactory service in the agency or
1133	to the state, in appreciation and recognition of such service.
1134	Such awards may not cost more than in excess of $100 each plus
1135	applicable taxes. Such tokens may be awarded to:
1136	(a)  Current employees, in appreciation and recognition of
1137	their service to the state.
1138	(b)  Retiring employees, in appreciation and recognition of
1139	their service to the state.
1140	(c)  An appointed member of a state board or commission, in
1141	appreciation and recognition of his or her service to the state
1142	upon the expiration of the member's final term in such position.
1143	(4)  The department may adopt rules necessary to administer
1144	this section.
1145	(5)  Each department head is authorized to incur
1146	expenditures not to exceed $100 each plus applicable taxes for
1147	suitable framed certificates, plaques, or other tokens of
1148	recognition to any appointed member of a state board or
1149	commission whose service to the state has been satisfactory, in
1150	appreciation and recognition of such service upon the expiration
1151	of such board or commission member's final term in such
1152	position.
1153	Section 19.  Section 110.125, Florida Statutes, is amended
1154	to read:
1155	110.125  Administrative costs.-
1156	(1)  The administrative expenses and costs of operating the
1157	personnel program established by this chapter shall be paid by
1158	the state various agencies of the state government, and each
1159	such agency shall include in its budget estimates its pro rata
1160	share of such cost as determined by the department of Management
1161	Services.
1162	(a)  To establish an equitable division of the costs, the
1163	amount to be paid by each agency shall be based on the number of
1164	authorized full-time equivalents appropriated to the agency, the
1165	average number of other-personal-services employees paid by the
1166	agency, and the total administrative expenses and costs of
1167	operating the personnel program established under determined in
1168	such proportion as the service rendered to each agency bears to
1169	the total service rendered under the provisions of this chapter.
1170	The amounts paid to the Department of Management Services which
1171	are attributable to positions within the Senior Management
1172	Service and the Selected Professional Service shall be used for
1173	the administration of such services, training activities for
1174	positions within those services, and the development and
1175	implementation of a database of pertinent historical information
1176	on exempt positions.
1177	(b)  If Should any state agency become more than 90 days
1178	delinquent in paying payment of this obligation, the department
1179	shall certify to the Chief Financial Officer the amount due and
1180	the Chief Financial Officer shall transfer that the amount due
1181	to the department from any available debtor agency funds
1182	available.
1183	(2)  The department may adopt rules necessary to administer
1184	this section.
1185	Section 20.  Section 110.126, Florida Statutes, is amended
1186	to read:
1187	110.126  Oaths, testimony, records; penalties.-
1188	(1)  The department may shall have power to administer
1189	oaths, subpoena witnesses, and compel the production of books,
1190	and papers, or other records, in written or electronic form,
1191	relevant pertinent to any investigation of personnel practices
1192	or hearing authorized by this chapter. Any person who fails
1193	shall fail to appear in response to a subpoena or to answer any
1194	question or produce any books or papers relevant pertinent to
1195	any such investigation or hearing or who shall knowingly gives
1196	give false testimony commits therein shall be guilty of a
1197	misdemeanor of the first degree, punishable as provided in s.
1198	775.082 or s. 775.083.
1199	(2)  The department may adopt rules necessary to administer
1200	this section.
1201	Section 21.  Section 110.127, Florida Statutes, is amended
1202	to read:
1203	110.127  Penalties.-
1204	(1)  Any person who willfully violates any provision of
1205	this chapter or of any rules adopted pursuant to this chapter
1206	commits the authority herein granted is guilty of a misdemeanor
1207	of the second degree, punishable as provided in s. 775.082 or s.
1208	775.083.
1209	(2)  The provisions of s. 112.011 to the contrary
1210	Notwithstanding s. 112.011, any person who is convicted of a
1211	misdemeanor under this chapter is shall be, for a period of 5
1212	years, ineligible for appointment to or employment in a position
1213	in the State Personnel System for 5 years service and, if an
1214	employee of the system state, shall forfeit his or her position.
1215	(3)  Imposition of the penalties provided in this section
1216	may shall not be in lieu of any action that which may be taken
1217	or penalties that which may be imposed pursuant to part III of
1218	chapter 112.
1219	(4)  The department may adopt rules necessary to administer
1220	this section.
1221	Section 22.  Section 110.1315, Florida Statutes, is amended
1222	to read:
1223	110.1315  Alternative benefits; other-personal-services
1224	employees.-
1225	(1)  Upon review and recommendation of the department and
1226	approval of the Governor, the department may contract for the
1227	implementation of an alternative retirement income security
1228	program for eligible temporary and seasonal employees of the
1229	state who are compensated from appropriations for other personal
1230	services. The contract may provide for a private vendor or
1231	vendors to administer the program under a defined-contribution
1232	plan under ss. 401(a) and 403(b) or s. 457 of the Internal
1233	Revenue Code, and the program must provide retirement benefits
1234	as required under s. 3121(b)(7)(F) of the Internal Revenue Code.
1235	The department may develop a request for proposals and solicit
1236	qualified vendors to compete for the award of the contract. A
1237	vendor shall be selected on the basis of the plan that best
1238	serves the interest of the participating employees and the
1239	state. The proposal must comply with all necessary federal and
1240	state laws and rules.
1241	(2)  The department may adopt rules necessary to administer
1242	this section.
1243	Section 23.  Section 110.171, Florida Statutes, is amended
1244	to read:
1245	(Substantial rewording of section. See
1246	s. 110.171, F.S., for present text.)
1247	110.171  Telework program.-
1248	(1)  State agencies shall support telework as an optional
1249	alternative work arrangement to support employee needs and shall
1250	implement telework arrangements where deemed appropriate. In
1251	addition, agencies may establish telework as an integral part of
1252	the normal business operations of the agency and require that
1253	specific work be performed through telework arrangements.
1254	Telework may also be used as part of an agency's continuity of
1255	operations plan where appropriate.
1256	(2)  Work extensions and the sporadic conduct of all or
1257	some of the work performed away from the official work site
1258	during all or some portion of the established work hours is not
1259	telework. These arrangements may be used by agencies to
1260	accommodate extenuating circumstances that allow employees to
1261	maintain productivity outside of the official work site. Mobile
1262	work is also not considered telework. Such activities do not
1263	require a written telework agreement. As used in this
1264	subsection, the term:
1265	(a)  "Mobile work" means duties and responsibilities that,
1266	by their nature, are performed routinely in the field away from
1267	the official work site.
1268	(b)  "Work extension" means the performance of required
1269	work duties away from the official work site and outside of
1270	established work hours on an occasional basis.
1271	(3)  Each agency shall review all established positions and
1272	designate those positions that the agency deems appropriate for
1273	telework. The agency shall ensure this information is current
1274	and available to its employees and managers. In addition, each
1275	agency shall identify all currently participating employees and
1276	their respective positions in the state human resource
1277	information system created under s. 110.116.
1278	(4)  Agencies that have a telework program shall develop an
1279	agency plan that addresses the agency's telework policies and
1280	procedures. At a minimum, an agency telework plan must:
1281	(a)  Establish criteria for evaluating the ability of
1282	employees to satisfactorily perform in a telework arrangement.
1283	(b)  Establish performance standards that ensure that
1284	employees participating in the program maintain satisfactory
1285	performance levels.
1286	(c)  Ensure teleworkers are subject to the same rules and
1287	disciplinary actions as other employees.
1288	(d)  Establish the reasonable conditions that the agency
1289	plans to impose in order to ensure appropriate use and
1290	maintenance of any equipment issued by the agency.
1291	(e)  Establish a system for monitoring the productivity of
1292	teleworking employees which ensures that the work output remains
1293	at a satisfactory level and that the duties and responsibilities
1294	of the position remain suitable for a telework arrangement.
1295	(f)  Establish the appropriate physical and electronic
1296	information security controls to be maintained by a teleworker
1297	at the telework site.
1298	(g)  Prohibit employees engaged in telework from conducting
1299	face-to-face state business at their residence.
1300	(5)  Agencies that approve employees to use telework as an
1301	optional alternative work arrangement shall:
1302	(a)  Require a written agreement between the teleworker and
1303	the agency which specifies the terms and conditions of the
1304	telework arrangement and provides for the termination of an
1305	employee's participation in the program if the employee's
1306	continued participation is not in the best interest of the
1307	agency.
1308	(b)  Ensure that participation by an employee is voluntary
1309	and that the employee may discontinue participation after
1310	providing reasonable notice to the agency.
1311	(6)  Agencies that require certain employees to telework as
1312	a part of normal business operations shall:
1313	(a)  Include the requirement to telework and the associated
1314	terms and conditions as part of the position description,
1315	specifying the minimum amount of telework time required.
1316	(b)  Provide at least 30 days' written notice to affected
1317	employees of intent to impose or remove a requirement to
1318	telework.
1319	(c)  Provide at least 15 days' written notice to affected
1320	employees of intent to revise the terms and conditions of their
1321	current telework arrangement.
1322	(d)  Provide equipment and supplies to an employee
1323	necessary to carry out job functions from the telework site.
1324	(e)  Specify the telework requirement in any recruitment
1325	activities.
1326	(7)  Agencies that have a telework program shall establish
1327	and track performance measures that support telework program
1328	analysis and report data annually to the department's Facilities
1329	Program in accordance with s. 255.249(3)(d). Such measures must
1330	include, but need not be limited to, those that quantify:
1331	(a)  Financial impacts associated with changes in office
1332	space requirements resulting from the telework program. State
1333	agencies operating in office space owned or managed by the
1334	department shall consult the Facilities Program to ensure
1335	consistency with the strategic leasing plan required under s.
1336	255.249(3)(b).
1337	(b)  Energy consumption changes resulting from the telework
1338	program.
1339	(c)  Greenhouse gas emission changes resulting from the
1340	telework program.
1341	(8)  Agencies that have a telework program shall post the
1342	agency telework plan and any pertinent supporting documents on
1343	the agency website to allow access by employees and the public.
1344	(9)  The department may adopt rules necessary to administer
1345	this section.
1346	Section 24.  Section 110.2037, Florida Statutes, is
1347	transferred, renumbered as section 110.182, Florida Statutes,
1348	and amended to read:
1349	110.182 110.2037  Alternative benefits; tax-sheltered
1350	annual leave and sick leave payments and special compensation
1351	payments.-
1352	(1)  The department may of Management Services has
1353	authority to adopt tax-sheltered plans under s. 401(a) of the
1354	Internal Revenue Code for state employees who are eligible for
1355	payment for accumulated leave. The department, Upon adoption of
1356	the plans, the department shall contract for a private vendor or
1357	vendors to administer the plans.
1358	(a)  These plans are shall be limited to state employees
1359	who are over age 55 and who are: eligible for accumulated leave,
1360	and special compensation payments, and separating from
1361	employment with 10 years of service in accordance with the
1362	Internal Revenue Code, or who are participating in the Deferred
1363	Retirement Option Program on or after July 1, 2001.
1364	(b)  The plans must provide benefits in a manner that
1365	minimizes the tax liability of the state and participants.
1366	(c)  The plans must be funded by employer contributions of
1367	payments for accumulated leave or special compensation payments,
1368	or both, as specified by the department.
1369	(d)  The plans must have received all necessary federal and
1370	state approval as required by law, must not adversely impact the
1371	qualified status of the Florida Retirement System defined
1372	benefit or defined contribution plans or the pretax benefits
1373	program, and must comply with the provisions of s. 112.65.
1374	Adoption of any plan is contingent on: the department receiving
1375	appropriate favorable rulings from the Internal Revenue Service;
1376	the department negotiating under the provisions of chapter 447,
1377	where applicable; and the Chief Financial Officer making
1378	appropriate changes to the state payroll system.
1379	(e)  The department's request for proposals by vendors for
1380	such plans may require that the vendors provide market-risk or
1381	volatility ratings from recognized rating agencies for each of
1382	their investment products.
1383	(f)  The department shall provide for a system of
1384	continuous quality assurance oversight to ensure that the
1385	program objectives are achieved and that the program is
1386	prudently managed.
1387	(2)  Within 30 days after termination of employment, an
1388	employee may elect to withdraw the moneys and no without penalty
1389	may be assessed by the plan administrator. If an any employee is
1390	adversely affected by payment of an excise tax or an any
1391	Internal Revenue Service penalty by withdrawing electing to
1392	withdraw funds within 30 days, the plan must shall include a
1393	provision that provides which will provide the employee with no
1394	less cash than if the employee had not participated in the plan.
1395	(3)  These contracts may be used by any other pay plans or
1396	personnel systems in the executive, legislative, or judicial
1397	branches of government upon approval of the appropriate
1398	administrative authority.
1399	(4)  Notwithstanding the terminal pay provisions of s.
1400	112.910 110.122, the department may contract for a tax-sheltered
1401	plan for leave and special compensation pay for employees who
1402	are terminating over age 55 and have with 10 years of service,
1403	and for employees participating in the Deferred Retirement
1404	Option Program on or after July 1, 2001, and who are over age
1405	55. The frequency of payments into the plan shall be determined
1406	by the department or as provided in the General Appropriations
1407	Act. This plan must or plans shall provide the greatest tax
1408	benefits to the employees and maximize the savings to the state.
1409	(5)  The department shall determine by rule the design of
1410	the plans and the eligibility of participants.
1411	(6)  Nothing in This section does not shall be construed to
1412	remove plan participants from the scope of s. 112.910(5)
1413	110.122(5).
1414	(7)  The department may adopt rules necessary to administer
1415	this section.
1416	Section 25.  Section 110.183, Florida Statutes, is created
1417	to read:
1418	110.183  Collective bargaining.-The department shall
1419	coordinate with the Governor and the agencies on personnel
1420	matters falling within the scope of collective bargaining and
1421	shall represent the Governor in collective bargaining
1422	negotiations and other collective bargaining matters as
1423	necessary. All discussions relative to collective bargaining
1424	between the department and the Governor and between the
1425	department and the agency heads, or discussions between any of
1426	their respective representatives, are exempt from s. 286.011,
1427	and all work products relative to collective bargaining
1428	developed in conjunction with such discussions are confidential
1429	and exempt from s. 119.07(1).
1430	Section 26.  Section 110.184, Florida Statutes, is created
1431	to read:
1432	110.184  Workforce report.-The department shall prepare a
1433	workforce report on human resources in the State Personnel
1434	System. The report shall provide data and identify trends for
1435	planning and improving the management of the State Personnel
1436	System. The department shall annually submit the report to the
1437	Governor, the President of the Senate, and the Speaker of the
1438	House of Representatives.
1439	Section 27.  The Division of Statutory Revision is
1440	requested to rename part II of chapter 110, Florida Statutes,
1441	consisting of ss. 110.201-110.235, Florida Statutes, as "Civil
1442	Service."
1443	Section 28.  Section 110.202, Florida Statutes, is created
1444	to read:
1445	110.202  Declaration of policy.-This part creates the Civil
1446	Service within the State Personnel System as required by s. 14,
1447	Art. III of the State Constitution.
1448	Section 29.  Section 110.205, Florida Statutes, as amended
1449	by chapter 2009-271, Laws of Florida, is amended to read:
1450	110.205  Civil Career Service; exemptions.-
1451	(1)  CIVIL SERVICE CAREER POSITIONS.-The Civil career
1452	Service to which this part applies includes all positions within
1453	the State Personnel System not specifically exempted by this
1454	section part, notwithstanding any other provisions of law the
1455	Florida Statutes to the contrary notwithstanding.
1456	(2)  EXEMPT POSITIONS.-The exempt positions that are not
1457	covered by this part include the following positions are
1458	exempted from the Civil Service:
1459	(a)  Elected officers.-All officers of the executive branch
1460	elected by popular vote and persons appointed to fill vacancies
1461	in such offices. Unless otherwise fixed by law, the salary and
1462	benefits for an any such officer who serves as the head of an
1463	agency a department shall be set by the Department of Management
1464	Services in accordance with the rules of the Senior Management
1465	Service.
1466	(b)  Legislative branch.-All members, officers, and
1467	employees of the legislative branch, except for the members,
1468	officers, and employees of the Florida Public Service
1469	Commission.
1470	(c)  Judicial branch.-All members, officers, and employees
1471	of the judicial branch.
1472	(d)  State universities.-All officers and employees of the
1473	state universities and the academic personnel and academic
1474	administrative personnel of the Florida School for the Deaf and
1475	the Blind. In accordance with the provisions of s. 1002.36, the
1476	salaries for academic personnel and academic administrative
1477	personnel of the Florida School for the Deaf and the Blind shall
1478	be set by the board of trustees for the school, subject only to
1479	the approval of the State Board of Education.
1480	(e)  The Chief Information Officer in the Agency for
1481	Enterprise Information Technology. Unless otherwise fixed by
1482	law, the Agency for Enterprise Information Technology shall set
1483	the salary and benefits of this position in accordance with the
1484	rules of the Senior Management Service.
1485	(e)(f)  Members of boards and commissions.-All members of
1486	state boards and commissions, however selected. Unless otherwise
1487	fixed by law, the salary and benefits for any full-time board or
1488	commission member shall be set by the Department of Management
1489	Services in accordance with the rules of the Senior Management
1490	Service.
1491	(g)  Judges, referees, and receivers.
1492	(h)  Patients or inmates in state institutions.
1493	(f)(i)  Time-limited positions.-All positions that are
1494	established for a limited period of time for the purpose of
1495	conducting a special study, project, or investigation and any
1496	person paid from an other-personal-services appropriation.
1497	Unless otherwise fixed by law, the salaries for such positions
1498	and persons shall be set in accordance with rules established by
1499	the employing agency for other-personal-services payments
1500	pursuant to s. 112.907 110.131.
1501	(g)(j)  Executive level positions.-The appointed
1502	secretaries and the State Surgeon General, assistant
1503	secretaries, deputy secretaries, and deputy assistant
1504	secretaries of all agencies departments; the executive
1505	directors, assistant executive directors, deputy executive
1506	directors, and deputy assistant executive directors of all
1507	agencies departments; the directors of all divisions and those
1508	positions determined by the Department of Management Services to
1509	have managerial responsibilities comparable to such positions,
1510	including which positions include, but are not limited to,
1511	program directors, assistant program directors, district
1512	administrators, deputy district administrators, general
1513	counsels, chief cabinet aides, public information administrators
1514	or comparable position for a cabinet officer, inspectors
1515	general, or legislative affairs directors the Director of
1516	Central Operations Services of the Department of Children and
1517	Family Services, the State Transportation Development
1518	Administrator, State Public Transportation and Modal
1519	Administrator, district secretaries, district directors of
1520	transportation development, transportation operations,
1521	transportation support, and the managers of the Department of
1522	Transportation offices specified in s. 20.23(4)(b), the county
1523	health department directors and county health department
1524	administrators of the Department of Health, and the one
1525	additional position that may be designated by each agency and
1526	that reports directly to the agency head or to a position in the
1527	Senior Management Service and whose additional costs are
1528	absorbed from the existing budget of that agency of the
1529	Department of Transportation. Unless otherwise fixed by law, the
1530	Department of Management Services shall set the salary and
1531	benefits of these positions in accordance with the rules of the
1532	Senior Management Service; and the county health department
1533	directors and county health department administrators of the
1534	Department of Health.
1535	(k)  The personal secretary to the incumbent of each
1536	position exempted in paragraphs (a), (e), and (j). Unless
1537	otherwise fixed by law, the department shall set the salary and
1538	benefits of these positions in accordance with the rules of the
1539	Selected Exempt Service.
1540	(h)(l)  Governor's Office.-All officers and employees in
1541	the office of the Governor, including all employees at the
1542	Governor's mansion, and employees within each separate budget
1543	entity, as defined in chapter 216, assigned to the Governor.
1544	Unless otherwise fixed by law, the salary and benefits of these
1545	positions shall be set by the Department of Management Services
1546	as follows:
1547	1.  The chief of staff, the assistant or deputy chief of
1548	staff, general counsel, director of legislative affairs, chief
1549	inspector general, director of cabinet affairs, director of
1550	press relations, director of planning and budgeting, director of
1551	administration, director of state-federal relations, director of
1552	appointments, director of external affairs, deputy general
1553	counsel, Governor's liaison for community development, chief of
1554	staff for the Lieutenant Governor, deputy director of planning
1555	and budgeting, policy coordinators, and the director of each
1556	separate budget entity shall have their salaries and benefits
1557	set by the Department of Management Services in accordance with
1558	the rules of the Senior Management Service established.
1559	2.  The salaries and benefits of positions not established
1560	in subparagraph 1. sub-subparagraph a. shall be set by the
1561	employing agency. Salaries and benefits of employees whose
1562	professional training is comparable to that of licensed
1563	professionals under paragraph (n) (r), or whose administrative
1564	responsibility is comparable to a bureau chief shall be set by
1565	the rules of the Selected Exempt Service. The Department of
1566	Management Services shall make the comparability determinations.
1567	Other employees shall have benefits set comparable to
1568	legislative staff, except leave shall be comparable to civil
1569	career service as if career service employees.
1570	(i)(m)  Upper management positions.-All assistant division
1571	director, deputy division director, and bureau chief positions
1572	in any agency department, and those positions determined by the
1573	Department of Management Services to have managerial
1574	responsibilities comparable to such positions. Unless otherwise
1575	fixed by law, the salaries of benefits of these positions shall
1576	be set by the Department of Management Services in accordance
1577	with the rules of the Selected Exempt Service. These, which
1578	positions include, but are not limited to:
1579	1.  Positions in the Department of Health and the
1580	Department of Children and Family Services which that are
1581	assigned primary duties of serving as the superintendent or
1582	assistant superintendent of an institution.
1583	2.  Positions in the Department of Corrections which that
1584	are assigned primary duties of serving as the warden, assistant
1585	warden, colonel, or major of an institution or which that are
1586	assigned primary duties of serving as the circuit administrator
1587	or deputy circuit administrator.
1588	3.  Positions in the Department of Transportation which
1589	that are assigned primary duties of serving as regional toll
1590	managers and managers of offices, as defined in s. 20.23(4)(b)
1591	and (5)(c), and captains and majors of the Office of Motor
1592	Carrier Compliance.
1593	4.  Positions in the Department of Environmental Protection
1594	which that are assigned the duty of an environmental
1595	administrator or program administrator.
1596	5.  Positions in the Department of Health which that are
1597	assigned the duties of environmental administrator,
1598	county health department director, and county health
1599	financial administrator.
1600	6.  Positions in the Department of Children and Family
1601	Services which are assigned the duties of staff director,
1602	assistant staff director, district program manager, district
1603	program coordinator, district subdistrict administrator,
1604	district administrative services director, district attorney,
1605	and the deputy director of central operations services.
1606
1607	Unless otherwise fixed by law, the department shall set the
1608	salary and benefits of the positions listed in this paragraph in
1609	accordance with the rules established for the Selected Exempt
1610	Service.
1611	(j)(n)  Additional managerial or policymaking positions.-
1612	1.a.  In addition to those positions exempted by other
1613	paragraphs of this subsection, each agency department head may
1614	designate a maximum of 20 policymaking or managerial positions,
1615	as defined by the Department of Management Services and approved
1616	by the Administration Commission, as being exempt from the Civil
1617	Career Service System. Civil Career service employees who occupy
1618	a position designated as a position in the Selected Exempt
1619	Service under this paragraph may shall have the right to remain
1620	in the Civil Career Service System by opting to serve in a
1621	position not exempted by the employing agency. Unless otherwise
1622	fixed by law, the Department of Management Services shall set
1623	the salary and benefits of these positions in accordance with
1624	the rules of the Selected Exempt Service; provided, however,
1625	that if the agency head determines that the general counsel,
1626	chief Cabinet aide, public information administrator or
1627	comparable position for a Cabinet officer, inspector general, or
1628	legislative affairs director has both policymaking and
1629	managerial responsibilities and if the department determines
1630	that any such position has both policymaking and managerial
1631	responsibilities, the salary and benefits for each such position
1632	shall be established by the department in accordance with the
1633	rules of the Senior Management Service.
1634	b.  In addition, each department may designate one
1635	additional position in the Senior Management Service if that
1636	position reports directly to the agency head or to a position in
1637	the Senior Management Service and if any additional costs are
1638	absorbed from the existing budget of that department.
1639	2.  If otherwise exempt from the Civil Service, employees
1640	of the Public Employees Relations Commission, the Commission on
1641	Human Relations, and the Unemployment Appeals Commission, upon
1642	the certification of their respective commission heads, may, if
1643	otherwise qualified, be provided for under this paragraph as
1644	members of the Senior Management Service, if otherwise
1645	qualified. However, the deputy general counsel of the Public
1646	Employees Relations Commission shall be compensated in
1647	accordance with as members of the Selected Exempt Service.
1648	(k)  Specialized managerial positions.-
1649	1.  The Department of Management Services shall set the
1650	salary and benefits for the following positions in accordance
1651	with the rules of the Selected Exempt Service.
1652	a.  Pursuant to s. 447.203(4), managerial employees who
1653	perform jobs that are not of a routine, clerical, or ministerial
1654	nature and require the exercise of independent judgment in the
1655	performance of such jobs and to whom one or more of the
1656	following applies: formulate or assist in formulating policies
1657	applicable to bargaining unit employees; assist in the
1658	preparation for the conduct of collective bargaining
1659	negotiations; administer agreements resulting from collective
1660	bargaining negotiations; have a significant role in personnel
1661	administration; have a significant role in employee relations;
1662	or have a significant role in the preparation or administration
1663	of the final budget for any public agency or institution or
1664	subdivision including having the authority to select and approve
1665	among alternative expenditures when necessary.
1666	b.  Pursuant to s. 447.203(5), confidential employees who
1667	act in a confidential capacity to assist or aid managerial
1668	employees who are performing work and who have access to
1669	information that would provide an employee labor organization
1670	with an advantage at the bargaining table or in the
1671	administration of collective bargaining agreements.
1672	c.  All supervisory employees, including supervisors,
1673	administrators and directors, who customarily and regularly plan
1674	and direct the work of two or more full-time employees or the
1675	equivalent, and who communicate with, motivate, train, and
1676	evaluate employees, and who have the authority to hire,
1677	transfer, suspend, layoff, recall, promote, discharge, assign,
1678	reward, or discipline subordinate employees or, effectively, to
1679	recommend such action.
1680	2.  The exemptions provided in this paragraph are not
1681	applicable to the following:
1682	a.  Managerial and supervisory employees who are designated
1683	as special risk or special risk administrative support;
1684	b.  Attorneys who serve as administrative law judges
1685	pursuant to s. 120.65 or for hearings conducted pursuant to s.
1686	120.57(1)(a); and
1687	c.  Professional health care providers as defined in s.
1688	110.1054, unless otherwise collectively bargained.
1689	(l)(o)  Public Service Commission.-The executive director,
1690	deputy executive director, general counsel, inspector general,
1691	official reporters, and division directors within the Public
1692	Service Commission and the personal secretary and personal
1693	assistant to each member of the Public Service Commission.
1694	Unless otherwise fixed by law, the salary and benefits of the
1695	executive director, deputy executive directors, general counsel,
1696	inspector general, and the directors of all divisions and those
1697	positions determined to have managerial responsibilities
1698	comparable to such positions Director of Administration,
1699	Director of Appeals, Director of Auditing and Financial
1700	Analysis, Director of Communications, Director of Consumer
1701	Affairs, Director of Electric and Gas, Director of Information
1702	Processing, Director of Legal Services, Director of Records and
1703	Reporting, Director of Research, and Director of Water and Sewer
1704	shall be set by the department in accordance with the rules of
1705	the Senior Management Service. The salary and benefits of the
1706	personal secretary and the personal assistant of each member of
1707	the commission and the official reporters shall be set by the
1708	Department of Management Services in accordance with the rules
1709	of the Selected Exempt Service, notwithstanding any salary
1710	limitations imposed by law for the official reporters.
1711	(m)(p)  Department of Military Affairs.-
1712	1.  All military personnel of the Department of Military
1713	Affairs. Unless otherwise fixed by law, the salary and benefits
1714	for such military personnel shall be set by the Department of
1715	Military Affairs in accordance with the appropriate military pay
1716	schedule.
1717	2.  The salary and benefits of military police chiefs,
1718	military police officers, firefighter trainers, firefighter-
1719	rescuers, and electronic security system technicians shall be
1720	have salary and benefits the same as civil career service
1721	employees.
1722	(q)  The staff directors, assistant staff directors,
1723	district program managers, district program coordinators,
1724	district subdistrict administrators, district administrative
1725	services directors, district attorneys, and the Deputy Director
1726	of Central Operations Services of the Department of Children and
1727	Family Services. Unless otherwise fixed by law, the Department
1728	shall establish the pay band and benefits for these positions in
1729	accordance with the rules of the Selected Exempt Service.
1730	(n)(r)  Professional licensure.-All positions not otherwise
1731	exempt under this subsection which require as a prerequisite to
1732	employment: licensure as a physician pursuant to chapter 458;,
1733	licensure as an osteopathic physician pursuant to chapter 459;,
1734	licensure as a chiropractic physician pursuant to chapter 460,
1735	including those positions that which are occupied by employees
1736	who are exempted from licensure pursuant to s. 409.352;
1737	licensure as an engineer pursuant to chapter 471, which are
1738	supervisory positions; or for 12 calendar months, which require
1739	as a prerequisite to employment that the employee have received
1740	the degree of Bachelor of Laws or Juris Doctor from a law school
1741	accredited by the American Bar Association and thereafter
1742	membership in The Florida Bar, except for any attorney who
1743	serves as an administrative law judge pursuant to s. 120.65 or
1744	for hearings conducted pursuant to s. 120.57(1)(a). Unless
1745	otherwise fixed by law, the Department of Management Services
1746	shall set the salary and benefits for these positions in
1747	accordance with the rules of established for the Selected Exempt
1748	Service.
1749	(o)(s)  Statewide Prosecutor.-The statewide prosecutor in
1750	charge of the Office of Statewide Prosecution of the Department
1751	of Legal Affairs and all employees in the office. The Department
1752	of Legal Affairs shall set the salary of these positions.
1753	(p)(t)  Executive directors of regulatory boards and
1754	commissions.-The executive director of each board or commission
1755	established within the Department of Business and Professional
1756	Regulation or the Department of Health. Unless otherwise fixed
1757	by law, the Department of Management Services shall set
1758	establish the salary and benefits for these positions in
1759	accordance with the rules of established for the Selected Exempt
1760	Service.
1761	(q)(u)  State Board of Administration.-All officers and
1762	employees of the State Board of Administration. The State Board
1763	of Administration shall set the salary salaries and benefits of
1764	these positions.
1765	(v)  Positions that are leased pursuant to a state employee
1766	lease agreement expressly authorized by the Legislature pursuant
1767	to s. 110.191.
1768	(w)  Managerial employees, as defined in s. 447.203(4),
1769	confidential employees, as defined in s. 447.203(5), and
1770	supervisory employees who spend the majority of their time
1771	communicating with, motivating, training, and evaluating
1772	employees, and planning and directing employees' work, and who
1773	have the authority to hire, transfer, suspend, lay off, recall,
1774	promote, discharge, assign, reward, or discipline subordinate
1775	employees or effectively recommend such action, including all
1776	employees serving as supervisors, administrators, and directors.
1777	Excluded are employees also designated as special risk or
1778	special risk administrative support and attorneys who serve as
1779	administrative law judges pursuant to s. 120.65 or for hearings
1780	conducted pursuant to s. 120.57(1)(a). Additionally, registered
1781	nurses licensed under chapter 464, dentists licensed under
1782	chapter 466, psychologists licensed under chapter 490 or chapter
1783	491, nutritionists or dietitians licensed under part X of
1784	chapter 468, pharmacists licensed under chapter 465,
1785	psychological specialists licensed under chapter 491, physical
1786	therapists licensed under chapter 486, and speech therapists
1787	licensed under part I of chapter 468 are excluded, unless
1788	otherwise collectively bargained.
1789	(r)(x)  Justice Administration Commission and similar
1790	entities.-All officers and employees of the Justice
1791	Administrative Commission, Office of the State Attorney, Office
1792	of the Public Defender, regional offices of capital collateral
1793	counsel, offices of criminal conflict and civil regional
1794	counsel, and Statewide Guardian Ad Litem Office, including the
1795	circuit guardian ad litem programs and the Florida Clerks of
1796	Court Operations Corporation.
1797	(s)  Florida School for the Deaf and Blind.-The academic
1798	personnel and academic administrative personnel of the Florida
1799	School for the Deaf and the Blind. In accordance with s.
1800	1002.36, the salaries for academic personnel and academic
1801	administrative personnel of the Florida School for the Deaf and
1802	the Blind shall be set by the board of trustees for the school,
1803	subject only to the approval of the State Board of Education.
1804	(t)  Miscellaneous positions.-
1805	1.  The Chief Information Officer in the Agency for
1806	Enterprise Information Technology. Unless otherwise fixed by
1807	law, the agency shall set the salary and benefits of this
1808	position in accordance with the rules of the Senior Management
1809	Service.
1810	2.  The chief inspector of the boiler inspection program of
1811	the Department of Financial Services. The pay band of this
1812	position shall be set by the Department of Management Services
1813	in accordance with the classification and pay plan established
1814	for the Selected Exempt Service.
1815	3.  The personal assistant to the incumbent of each
1816	position exempted in paragraph (a) or paragraph (g) or
1817	subparagraph 1. Unless otherwise fixed by law, the Department of
1818	Management Services shall set the salary and benefits of these
1819	positions in accordance with the rules of the Selected Exempt
1820	Service.
1821	4.  Positions that are leased pursuant to a state employee
1822	lease agreement expressly authorized by the Legislature pursuant
1823	to s. 112.919.
1824	5.  Judges, referees, and receivers of the executive
1825	branch.
1826	6.  Positions held by patients or inmates in state
1827	institutions.
1828	(3)  PARTIAL EXEMPTION OF DEPARTMENT OF LAW ENFORCEMENT.-
1829	Employees of the Department of Law Enforcement shall be subject
1830	to the provisions of s. 110.227, except in matters relating to
1831	transfer.
1832	(4)  DEFINITION OF DEPARTMENT.-When used in this section,
1833	the term "department" shall mean all departments and commissions
1834	of the executive branch, whether created by the State
1835	Constitution or chapter 20; the office of the Governor; and the
1836	Public Service Commission; however, the term "department" shall
1837	mean the Department of Management Services when used in the
1838	context of the authority to establish pay bands and benefits.
1839	(3)(5)  POSITIONS EXEMPTED BY OTHER STATUTES.-If any
1840	position is exempted from the Civil career Service by any other
1841	statute and the personnel system to which that position is
1842	assigned is not specifically included in the statute, the
1843	position shall be placed in the Selected Exempt Service, and the
1844	Department of Management Services shall set establish the pay
1845	band and benefits for that position in accordance with the rules
1846	of the Selected Exempt Service.
1847	(6)  EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY PROGRAM,
1848	DEPARTMENT OF FINANCIAL SERVICES.-In addition to those positions
1849	exempted from this part, there is hereby exempted from the
1850	Career Service System the chief inspector of the boiler
1851	inspection program of the Department of Financial Services. The
1852	pay band of this position shall be established by the Department
1853	of Management Services in accordance with the classification and
1854	pay plan established for the Selected Exempt Service.
1855	(4)  RULES.-The Department of Management Services may adopt
1856	rules necessary to administer this section.
1857	(7)  CARRYING LEAVE FORWARD.-If an employee is transferred
1858	or otherwise moves from the Career Service System into the
1859	Selected Exempt Service, all of the employee's unused annual
1860	leave, unused sick leave, and unused compensatory leave shall
1861	carry forward with the employee.
1862	Section 30.  Section 110.208, Florida Statutes, is created
1863	to read:
1864	110.208  Classification system.-The department shall
1865	establish and maintain a uniform classification system
1866	applicable to all positions in the Civil Service and shall be
1867	responsible for the overall coordination, review, and
1868	maintenance of the system. A position may not be filled until it
1869	has been classified in accordance with the system.
1870	(1)  The system must include:
1871	(a)  A position classification system using job families,
1872	occupational groups, and a broadband level structure for each
1873	occupation within an occupational group.
1874	(b)  A pay plan that provides broad-based pay bands for
1875	each occupational group.
1876	(2)  In establishing and administering the system, the
1877	department:
1878	(a)  Shall develop occupation profiles necessary for the
1879	establishment of new occupations or for the revision of existing
1880	occupations, and shall establish the appropriate occupation
1881	title and broadband level code for each occupation. The
1882	occupation profiles, titles, and codes are not rules within the
1883	meaning of s. 120.52.
1884	(b)  Shall be responsible for conducting periodic studies
1885	and surveys to ensure that the classification system is
1886	maintained on a current basis.
1887	(c)  May review in a postaudit capacity the action taken by
1888	an agency in classifying or reclassifying a position.
1889	(d)  Shall effect a classification change on any
1890	classification or reclassification action taken by an agency if
1891	the action taken by the agency was not based on the duties and
1892	responsibilities officially assigned the position as they relate
1893	to the concepts and description contained in the official
1894	occupation profile and the level definition provided in the
1895	occupational group characteristics adopted by the department.
1896	(e)  Shall adopt rules necessary to administer the
1897	classification system.
1898	(3)  Each state agency is responsible for the day-to-day
1899	application of the classification system established by the
1900	department.
1901	(a)  The agency shall maintain on an up-to-date position
1902	description for each authorized and established position
1903	assigned to the agency. The position description must include an
1904	accurate description of assigned duties and responsibilities and
1905	other pertinent information relating to a position and serves as
1906	a record of the official assignment of duties to the position.
1907	The description shall be used in comparing positions to ensure
1908	the uniformity of classifications.
1909	(b)  The agency may classify positions authorized by the
1910	Legislature or authorized pursuant to s. 216.262, classify
1911	positions that are added in lieu of positions deleted pursuant
1912	to s. 216.262, and reclassify established positions.
1913	Classification and reclassification actions taken by an agency
1914	must be within the classification system occupations established
1915	by the department, shall be funded within the limits of
1916	currently authorized appropriations, and must be in accordance
1917	with the uniform procedures established by the department.
1918	Section 31.  Section 110.2085, Florida Statutes, is created
1919	to read:
1920	110.2085  Pay plan.-
1921	(1)  The department shall establish and maintain an
1922	equitable pay plan that applies to all positions in the Civil
1923	Service and shall be responsible for the overall review,
1924	coordination, and administration of the pay plan.
1925	(2)  The department shall provide market-based pay bands
1926	for occupational groups and establish guidelines for state
1927	agencies to use when moving employees through such pay bands.
1928	(a)  The agencies may determine the appropriate salary
1929	within the pay bands using the guidelines developed by the
1930	department. Such pay bands, and the assignment of broadband
1931	levels to positions, are not rules within the meaning of s.
1932	120.52.
1933	(b)  The department, in consultation with the Executive
1934	Office of the Governor and the legislative appropriations
1935	committees, shall conduct compensation surveys as necessary for
1936	the purpose of achieving an equitable, competitive, market-based
1937	pay policy.
1938	(3)  The department shall establish rules for the
1939	administration of pay additives and shall delegate to the state
1940	agencies, where appropriate, the authority to implement pay
1941	additives. The agency must use pay additives, as appropriate,
1942	within the guidelines established by the department and
1943	consistent with directions contained in the General
1944	Appropriations Act.
1945	(a)  The following pay additives are authorized:
1946	1.  Shift differentials.
1947	2.  On-call.
1948	3.  Hazardous-duty.
1949	4.  Lead-worker duty.
1950	5.  Temporary special duties.
1951	6.  Trainer duties.
1952	7.  Competitive area differentials.
1953	8.  Critical market pay.
1954	(b)  By March 1 of each year, each state agency shall
1955	submit a proposed plan to the department, the Executive Office
1956	of the Governor, and the Legislature for implementing pay
1957	additives for hazardous-duty, lead-worker, temporary special
1958	duties, and trainer duties for the next fiscal year.
1959	1.  An agency may not implement pay additives to a cohort
1960	of positions sharing job classifications or job occupations
1961	unless the Legislature specifically authorizes such pay
1962	additives in the General Appropriations Act and the pay
1963	additives do not conflict with any collective bargaining
1964	agreement for that specific cohort of positions.
1965	2.  Any proposed revision to an approved plan which becomes
1966	necessary during the fiscal year must be submitted by the agency
1967	to the department for review and recommendation to the Executive
1968	Office of the Governor and the Legislature. Such revisions may
1969	be implemented only after approval by the Executive Office of
1970	the Governor and the Legislature.
1971	(c)  Any proposed action by an agency which requires the
1972	establishment of a new competitive area differential or a new
1973	critical market pay additive may be implemented only after the
1974	department has reviewed and recommended such action and it has
1975	been approved by the Executive Office of the Governor and the
1976	Legislature.
1977	(d)  An agency may implement shift differentials and on-
1978	call additives as necessary to accomplish the mission of the
1979	agency and in accordance with collective bargaining agreements.
1980	(e)  The department shall annually provide to the Executive
1981	Office of the Governor and the Legislature a summary report of
1982	the pay additives implemented pursuant to this section.
1983	(4)  A state agency may implement salary increase and
1984	decrease corrections due to administrative errors.
1985	(5)  The department may adopt rules necessary to administer
1986	this section.
1987	Section 32.  Section 110.211, Florida Statutes, is amended
1988	to read:
1989	110.211  Recruitment.-
1990	(1)  Recruiting shall be planned and carried out to ensure
1991	in a manner that assures open competition based upon current and
1992	projected employing agency needs, taking into consideration the
1993	number and types of positions to be filled and the labor market
1994	conditions, with special emphasis placed on recruiting efforts
1995	that to attract minorities, women, or other groups that are
1996	underrepresented in the workforce of a state the employing
1997	agency.
1998	(2)  Recruiting efforts to fill current or projected
1999	vacancies shall be carried out in the sound discretion of the
2000	agency head.
2001	(3)  Recruiting shall seek efficiency in advertising and
2002	may be assisted by a contracted vendor responsible for
2003	maintenance of the personnel data.
2004	(4)  The department may adopt rules necessary to administer
2005	this section.
2006	(4)  All recruitment literature involving state position
2007	vacancies shall contain the phrase "An Equal Opportunity
2008	Employer/Affirmative Action Employer."
2009	Section 33.  Section 110.213, Florida Statutes, is amended
2010	to read:
2011	110.213  Selection.-
2012	(1)  Selection for appointment from among the most
2013	qualified candidates is shall be the sole responsibility of the
2014	state employing agency. All new employees must successfully
2015	complete at least a 1-year probationary period before attainment
2016	of permanent status.
2017	(2)  Selection shall reflect efficiency and simplicity in
2018	hiring procedures. The agency head or a his or her designee
2019	shall be required to document the qualifications of the selected
2020	candidate to ensure that the candidate meets the minimum
2021	requirements as specified by the employing agency;, meets the
2022	licensure, certification, or registration requirements, if any,
2023	as specified by statute;, and possesses the requisite knowledge,
2024	skills, and abilities for the position. No other documentation
2025	or justification is shall be required before prior to selecting
2026	a candidate for a position.
2027	(3)  The department may adopt rules necessary to administer
2028	this section.
2029	Section 34.  Section 110.2135, Florida Statutes, is amended
2030	to read:
2031	110.2135  Veterans' preference in employment, reemployment,
2032	promotion, and retention.-
2033	(1)  Preference in employment, reemployment, promotion, and
2034	retention shall be given to an eligible veteran pursuant to ss.
2035	295.07, 295.08, 295.085, and 295.09 if as long as the veteran
2036	meets the minimum eligibility requirements and has the
2037	knowledge, skills, and abilities required for the particular
2038	position.
2039	(2)  A disabled veteran employed as the result of being
2040	placed at the top of the appropriate employment list under the
2041	provisions of s. 295.08 or s. 295.085 shall be appointed for a
2042	probationary period of 1 year. At the end of such period, if the
2043	work of the veteran has been satisfactorily performed, the
2044	veteran will acquire merit permanent employment status and will
2045	be subject to the employment rules of the department of
2046	Management Services and the agency employing the veteran
2047	veteran's employing agency.
2048	(3)  The department may adopt rules necessary to administer
2049	this section.
2050	Section 35.  Section 110.215, Florida Statutes, is amended
2051	to read:
2052	110.215  Examinations and other employment qualification
2053	assessments administered to persons having disabilities.-
2054	(1)  The purpose of this section is to further the policy
2055	of the State Personnel System to encourage and assist persons
2056	having disabilities to achieve maximum personal and vocational
2057	independence through useful and productive gainful employment by
2058	eliminating unwarranted barriers to their qualifying
2059	competitively for civil state career service jobs.
2060	(2)  As used in this section, the term:
2061	(a)  "Agency" includes each department and agency of the
2062	state.
2063	(a)(b)  "Disability" means, with respect to an individual,
2064	a physical or mental impairment that substantially limits one or
2065	more of the major life activities of the individual, or a record
2066	of having such an impairment, or being regarded as having such
2067	an impairment.
2068	(b)(c)  "Examination" includes employment tests and other
2069	structured, systematic instruments used to assess the essential
2070	knowledge, skills, abilities, minimum qualifications, and other
2071	job-related requirements possessed by an applicant as a basis
2072	for any employment decision by an agency.
2073	(3)  An applicant for employment within the Civil State
2074	Career Service System who has a disability that impairs sensory,
2075	speaking, or manual skills may require an agency to administer
2076	an any examination to him or her in a format and manner that
2077	does not require use of an impaired skill, unless the test is
2078	designed to measure that skill. An applicant may request a
2079	reasonable accommodation in a test format on the basis of a
2080	disability.
2081	(4)  The department may adopt rules necessary to administer
2082	this section.
2083	Section 36.  Section 110.217, Florida Statutes, is amended
2084	to read:
2085	110.217  Appointment actions and status Appointments and
2086	promotion.-
2087	(1)(a)  The department, in consultation with agencies that
2088	must comply with these rules, shall develop uniform rules
2089	regarding original appointment, promotion, demotion,
2090	reassignment, lateral transfer, separation, and status which
2091	must be used by state employing agencies. Such rules must be
2092	approved by the Administration Commission before their adoption
2093	by the department.
2094	(b)  Employing agencies may seek exceptions to these
2095	uniform rules by filing a petition with the Administration
2096	Commission. The Administration Commission shall approve an
2097	exception when the exception is necessary to conform to any
2098	requirement imposed as a condition precedent to receipt of
2099	federal funds or to permit persons in this state to receive tax
2100	benefits under federal law, or as required for the most
2101	efficient operation of the agency as determined by the
2102	Administration Commission. The reasons for the exception must be
2103	published in the Florida Administrative Weekly.
2104	(c)  Agency rules that provide exceptions to the uniform
2105	rules may not be filed with the Department of State unless the
2106	Administration Commission has approved the exceptions. Each
2107	agency that adopts rules that provide exceptions to the uniform
2108	rules or that must comply with statutory requirements that
2109	conflict with the uniform rules must have a separate chapter
2110	published in the Florida Administrative Code that delineates
2111	clearly the provisions of the agency's rules which provide
2112	exceptions or are based upon a conflicting statutory
2113	requirement. Each alternative chosen from those authorized by
2114	the uniform rules must be specified. Each chapter must be
2115	organized in the same manner as the uniform rules.
2116	(2)  An employee appointed on probationary status shall
2117	attain merit status in the position upon successful completion
2118	of at least a 1-year probationary period.
2119	(2)  Each employing agency shall have the responsibility
2120	for the establishment and maintenance of rules and guidelines
2121	for determining eligibility of applicants for appointment to
2122	positions in the career service.
2123	(3)  Eligibility shall be based on possession of required
2124	minimum qualifications for the job class and any required entry-
2125	level knowledge, skills, and abilities, and any certification
2126	and licensure required for a particular position.
2127	(4)  The employing agency shall be responsible for
2128	developing an employee career advancement program which shall
2129	assure consideration of qualified permanent employees in the
2130	agency or career service who apply. However, such program shall
2131	also include provisions to bring persons into the career service
2132	through open competition. Promotion appointments shall be
2133	subject to postaudit by the department.
2134	(5)  The department shall adopt any rules necessary to
2135	implement the provisions of this section. The rules must be
2136	approved by a majority vote of the Administration Commission
2137	prior to their adoption by the department.
2138	Section 37.  Section 110.219, Florida Statutes, is amended
2139	to read:
2140	110.219  Attendance and leave; general policies.-
2141	(1)  The workday for each full-time state employee shall be
2142	8 hours or as otherwise authorized justified by the agency head.
2143	(2)  Overtime may be required for any employee.
2144	(3)  The granting of any leave of absence, with or without
2145	pay, shall be in accordance with applicable state or federal
2146	laws and the rules of the State Personnel System writing and
2147	shall be approved by the agency head. Those employees who, at
2148	the discretion of the agency, are An employee who is granted a
2149	leave of absence remain employees of the agency with or without
2150	pay shall be an employee of the state while on such leave and
2151	shall be returned to the same or comparable position or a
2152	different position in the same class and same work location upon
2153	termination of the approved leave of absence. The agency head
2154	and the employee may agree in writing to other conditions and
2155	terms under which the leave is to be granted.
2156	(4)  Each agency shall keep an accurate record of all hours
2157	of work performed by each employee, as well as a complete and
2158	accurate record of all authorized leave which is approved. The
2159	ultimate responsibility for the accuracy and proper maintenance
2160	of all attendance and leave records shall be with the agency
2161	head.
2162	(4)(5)  Rules shall be adopted by The department shall
2163	adopt rules to administer in cooperation and consultation with
2164	the agencies to implement the provisions of this section;
2165	however, such rules must be approved by the Administration
2166	Commission prior to their adoption. Such rules must provide for,
2167	but need not be limited to:
2168	(a)  The maximum responsibility and authority resting with
2169	each agency head to administer attendance and leave matters in
2170	the agency within the parameters of the rules adopted by the
2171	department.
2172	(b)  Creditable service in which 1 month of Service credit
2173	as it relates to the accrual and payment of leave is awarded for
2174	each calendar month that the employee is on the payroll of a
2175	state agency or during which the employee is on authorized leave
2176	without pay.
2177	(c)  Holidays as provided in s. 110.117.
2178	(d)  Overtime provisions.
2179	(e)  Annual leave provisions.
2180	(f)  Sick leave provisions.
2181	(g)  Parental leave provisions.
2182	(h)  Family medical leave provisions.
2183	(i)  Disability leave provisions.
2184	(j)  Compulsory disability leave provisions.
2185	(k)  Administrative leave provisions.
2186	(l)  Military leave provisions.
2187	(m)  Educational leave with pay provisions.
2188	(n)  Leave of absence without pay provisions.
2189	(6)  The leave benefits provided to Senior Management
2190	Service employees shall not exceed those provided to employees
2191	in the Selected Exempt Service.
2192	(5)(7)  Each December, a civil permanent career service
2193	employee who has merit status, or who is currently on
2194	probationary status due to a promotion that was immediately
2195	preceded by merit status, is shall be entitled, subject to
2196	available funds, to a payout of up to 24 hours of unused annual
2197	leave if the as follows:
2198	(a)  A permanent career service employee has must have an
2199	annual leave balance of at least no less than 24 hours, after
2200	the payout, in order to qualify for this benefit.
2201	(b)  A civil service No permanent career service employee
2202	may not shall receive a payout of greater than 240 hours over
2203	the course of the employee's career with the state, including
2204	any leave received at the time of separation.
2205	Section 38.  Section 110.224, Florida Statutes, is amended
2206	to read:
2207	110.224  Public Employee performance evaluation system.-An
2208	A public employee performance evaluation system shall be
2209	established as a basis for evaluating and improving the
2210	performance of the state's workforce, to inform employees of
2211	strong and weak points in the employee's performance, to
2212	identify training needs, and to award lump-sum bonuses and other
2213	performance-based incentives in accordance with s. 110.1245 or
2214	other provisions of law 110.1245(2).
2215	(1)  Upon original appointment, promotion, demotion, or
2216	reassignment, a job description of the assigned position
2217	assigned must be made available to the civil career service
2218	employee. The job description may be made available in an
2219	electronic format.
2220	(2)  Each employee shall must have a performance evaluation
2221	conducted at least annually which involves both, and the
2222	employee must receive an oral and written assessment of his or
2223	her performance evaluation. The performance evaluation may
2224	include a plan of action for improvement of the employee's
2225	performance based on the work expectations or performance
2226	standards applicable to the position as determined by the agency
2227	head.
2228	(3)  The department may adopt rules necessary to administer
2229	this section the public employee performance evaluation system
2230	which establish procedures for performance evaluation, review
2231	periods, and forms.
2232	Section 39.  Section 110.227, Florida Statutes, is amended
2233	to read:
2234	110.227  Suspensions, dismissals, reductions in pay,
2235	demotions, layoffs, transfers, and grievances.-
2236	(1)  An Any employee who has satisfactorily completed at
2237	least a 1-year probationary period in his or her current
2238	position may be suspended or dismissed only for cause. Cause
2239	includes shall include, but is not limited to, poor performance,
2240	negligence, inefficiency or inability to perform assigned
2241	duties, insubordination, violation of the provisions of law or
2242	agency rules, conduct unbecoming a public employee, misconduct,
2243	habitual drug abuse, or conviction of any crime. The agency head
2244	shall ensure that all employees of the agency have reasonable
2245	access to the agency's personnel policies and procedures manual.
2246	(2)(a)  The department shall establish rules and procedures
2247	for the suspension, reduction in pay, transfer, layoff,
2248	demotion, and dismissal of employees in the Civil career
2249	Service.
2250	(a)  Except with regard to law enforcement or correctional
2251	officers, firefighters, or professional health care providers,
2252	rules regarding layoff procedures may shall not include any
2253	provision system whereby a civil career service employee with
2254	greater seniority has the option of selecting a different
2255	position not being eliminated, but either vacant or already
2256	occupied by an employee who has of less seniority, and taking
2257	that position, commonly referred to as "bumping."
2258	(b)  For the implementation of layoffs as defined in s.
2259	110.107, the department shall develop rules requiring retention
2260	of the agency's employees based upon objective measures that
2261	give consideration to comparative merit, demonstrated skills,
2262	the employee's experience, and the employee's length of service.
2263	Such rules shall be approved by the Administration Commission
2264	before their adoption by the department.
2265	(3)(a)  With regard to law enforcement or correctional
2266	officers, firefighters, or professional health care providers:,
2267	when
2268	(a)  If a layoff becomes necessary, such layoff shall be
2269	conducted within the competitive area identified by the agency
2270	head and approved by the department of Management Services. Such
2271	competitive area shall be established taking into consideration
2272	the similarity of work; the organizational unit, which may be by
2273	agency, department, division, bureau, or other organizational
2274	unit; and the commuting area for the affected work affected.
2275	(b)  With regard to law enforcement or correctional
2276	officers, firefighters, or professional health care providers,
2277	Layoff procedures shall be developed to establish the relative
2278	merit and fitness of employees and must shall include a formula
2279	for uniform application among all employees in the competitive
2280	area, taking into consideration the type of appointment, the
2281	length of service, and the evaluations of the employee's
2282	performance within the last 5 years of employment.
2283	(4)  A grievance process shall be available to civil career
2284	service employees who have satisfactorily completed at least a
2285	1-year probationary period in their current positions. A
2286	grievance is defined as the dissatisfaction that occurs when an
2287	employee believes that any condition affecting the employee is
2288	unjust, inequitable, or a hindrance to the effective performance
2289	of his or her job duties operation. Claims of discrimination and
2290	sexual harassment or claims related to suspensions, reductions
2291	in pay, demotions, and dismissals are not subject to the civil
2292	career service grievance process. The following procedures shall
2293	apply to any grievance filed pursuant to this subsection, except
2294	that all timeframes may be extended in writing by mutual
2295	agreement:
2296	(a)  Step One.-The employee must may submit a signed,
2297	written grievance on a form provided by the agency to his or her
2298	supervisor within 14 calendar days following the occurrence of
2299	the event giving rise to the grievance. The supervisor must meet
2300	with the employee to discuss the grievance and provide a written
2301	response to the employee within 7 business days following
2302	receipt of the grievance.
2303	(b)  Step Two.-If the employee is dissatisfied with the
2304	response of his or her supervisor, the employee must may submit
2305	the written grievance to the agency head or his or her designee
2306	within 7 business days following receipt of the supervisor's
2307	written response. The agency head's head or his or her designee
2308	may must meet with the employee to discuss the grievance within
2309	5 business days following receipt of the grievance. The agency
2310	head or his or her designee must respond in writing to the
2311	employee within 5 business days following receipt of the
2312	grievance the meeting. The written decision of the agency head
2313	or designee is shall be the final and binding authority for all
2314	grievances filed pursuant to this subsection. Such grievances
2315	may not be appealed beyond Step Two.
2316	(5)(a)  A civil career service employee who has
2317	satisfactorily completed at least a 1-year probationary period
2318	in his or her current position and who is subject to a
2319	suspension, reduction in pay, demotion, involuntary transfer of
2320	more than 50 miles by highway, or dismissal shall receive
2321	written notice of such action at least 10 calendar days before
2322	prior to the date such action is to be taken.
2323	(a)  Subsequent to such notice, and before prior to the
2324	date the action is to be taken, the affected employee shall be
2325	given an opportunity to appear before a designated agency
2326	official to rebut the agency or official taking the action to
2327	answer orally and in writing the charges against him or her. The
2328	notice to the employee required by this paragraph may be
2329	delivered to the employee personally or may be sent by certified
2330	mail with return receipt requested. Such actions are shall be
2331	appealable to the Public Employees Relations Commission as
2332	provided in subsection (6). Written notice of any such appeal
2333	shall be filed by the employee with the commission within 21
2334	calendar days after the date on which the notice of suspension,
2335	reduction in pay, demotion, involuntary transfer of more than 50
2336	miles by highway, or dismissal is received by the employee.
2337	Merit status that was attained in a previous position does not
2338	give rise to appeal rights under this section.
2339	(b)  In extraordinary situations such as when the retention
2340	of a civil career service employee may who has satisfactorily
2341	completed at least a 1-year probationary period in his or her
2342	current position would result in damage to state property, may
2343	would be detrimental to the best interest of the state, or may
2344	would result in harm injury to the employee, a fellow employee,
2345	or some other person, such employee may be suspended or
2346	dismissed without 10 calendar days' prior notice if, provided
2347	that written or oral notice of such action, including evidence
2348	of the reasons therefor, and an opportunity to rebut the charges
2349	are furnished to the employee before prior to such dismissal or
2350	suspension. Such notice may be delivered to the employee
2351	personally or may be sent by certified mail with return receipt
2352	requested. Agency compliance with the foregoing procedure
2353	requiring notice, evidence, and an opportunity for rebuttal must
2354	be substantiated. Any employee who is suspended or dismissed
2355	pursuant to the provisions of this paragraph may appeal to the
2356	Public Employees Relations Commission as provided in subsection
2357	(6). Written notice of any such appeal shall be filed with the
2358	commission by the employee within 21 calendar days after the
2359	date on which the notice of suspension, reduction in pay,
2360	demotion, or dismissal is received by the employee.
2361	(6)  The following procedures shall apply to appeals filed
2362	pursuant to subsection (5) with the Public Employees Relations
2363	Commission, hereinafter referred to as the commission:
2364	(a)  The commission must conduct a hearing within 60
2365	calendar days following the filing of a notice of appeal. An No
2366	extension of time for the hearing may not exceed 30 calendar
2367	days, absent exceptional circumstances, and no extension of time
2368	may not be granted without the consent of all parties. Discovery
2369	may be granted only upon the showing of extraordinary
2370	circumstances. A party requesting discovery must shall
2371	demonstrate a substantial need for the information requested and
2372	an inability to obtain relevant information by other means.
2373	Except where inconsistent with the requirements of this
2374	subsection, the provisions of s. 447.503(4) and (5) and chapter
2375	120 apply to proceedings held pursuant to this subsection.
2376	(b)  A person may represent himself or herself in
2377	proceedings before the commission or may be represented by legal
2378	counsel or by an any individual who qualifies as a
2379	representative pursuant to rules adopted by the commission.
2380	(c)  If the commission finds that cause did not exist for
2381	the agency action, the commission shall reverse the decision of
2382	the agency head and the employee shall be reinstated with or
2383	without back pay. If the commission finds that cause existed for
2384	the agency action, the commission shall affirm the decision of
2385	the agency head. The commission may not reduce the penalty
2386	imposed by the agency head, except in the case of law
2387	enforcement or correctional officers, firefighters, and
2388	professional health care providers, if the commission makes
2389	specific written findings of mitigation.
2390	(d)  A recommended order shall be issued by the hearing
2391	officer within 30 days following the hearing. Exceptions to the
2392	recommended order must shall be filed within 15 days after the
2393	recommended order is issued. The final order shall be filed by
2394	the commission within no later than 45 calendar days after the
2395	hearing or after the filing of exceptions or oral arguments if
2396	granted.
2397	(e)  Final orders issued by the commission pursuant to
2398	paragraph (d) are shall be reviewable as provided in s. 447.504.
2399	(7)  Other than for law enforcement or correctional
2400	officers, firefighters, and professional health care providers,
2401	each suspension, dismissal, demotion, or reduction in pay must
2402	be reviewed without consideration of any other case or set of
2403	facts.
2404	(8)  A civil career service employee who is serving a
2405	probationary period in a position to which he or she has been
2406	promoted may be removed from that promotional position at any
2407	time during the probationary period for inefficiency or
2408	inability to perform assigned duties but must be returned to his
2409	or her former position, or a comparable position, if such a
2410	position is vacant. If such a position is not available, before
2411	dismissal, the agency shall make a reasonable effort to retain
2412	the employee in another vacant position. This subsection does
2413	not apply to other dismissals terminations for cause as
2414	described in subsection (1), nor does it create a right to
2415	"bump" an employee from an occupied position as described in
2416	paragraph (2)(a). An employee who is removed from a promotional
2417	position under this subsection does not have grievance rights
2418	under subsection (4) or appeal rights under subsection (5) due
2419	to their probationary status.
2420	(9)  Employees of the Department of Law Enforcement are
2421	subject to the provisions of this section, except in matters
2422	relating to transfer.
2423	Section 40.  The Division of Statutory Revision is
2424	requested to renumber part V of chapter 110, Florida Statutes,
2425	as part III of that chapter, consisting of ss. 110.302-3035,
2426	Florida Statutes, and to rename that part as "Selected Exempt
2427	Service."
2428	Section 41.  Section 110.601, Florida Statutes, is
2429	transferred, renumbered as section 110.302, Florida Statutes,
2430	and amended to read:
2431	110.302 110.601  Declaration of policy.-This part creates a
2432	system of personnel administration for management the purpose of
2433	delivering which is to deliver high-quality performance by
2434	selected exempt service those employees in the State Personnel
2435	System select exempt classifications by facilitating the state's
2436	ability to attract and retain qualified personnel in these
2437	positions, while also providing sufficient management
2438	flexibility to ensure that the workforce is responsive to agency
2439	needs. The Legislature recognizes that the public interest is
2440	best served by developing and refining the technical and
2441	managerial skills of these its selected exempt service
2442	employees, and, to this end, technical training and management
2443	development programs are regarded as a major administrative
2444	function within agencies.
2445	Section 42.  Section 110.602, Florida Statutes, is
2446	transferred, renumbered as section 110.3021, Florida Statues,
2447	and amended to read:
2448	110.3021 110.602  Selected Exempt Service; creation,
2449	coverage.-
2450	(1)  The Selected Exempt Service is created as a separate
2451	system of personnel administration for select exempt positions
2452	that. Such positions shall include, and shall be limited to,
2453	those positions which are exempt from the Civil Career Service
2454	System pursuant to s. 110.205(2) and (5) and for which the
2455	salaries and benefits are set by the department in accordance
2456	with the rules of the Selected Exempt Service. The department
2457	shall designate all positions included in the Selected Exempt
2458	Service as either managerial/policymaking, professional, or
2459	nonmanagerial/nonpolicymaking.
2460	(2)  Employees in the Selected Exempt Service shall serve
2461	at the pleasure of the agency head and are subject to personnel
2462	actions at the discretion of the agency head. Personnel actions
2463	that are tantamount to suspension, dismissal, reduction in pay,
2464	demotion, or transfer are exempt from chapter 120.
2465	Section 43.  Section 110.605, Florida Statutes, is
2466	transferred, renumbered as section 110.3022, Florida Statutes,
2467	and amended to read:
2468	110.3022 110.605  Powers and duties; personnel rules,
2469	records, reports, and performance appraisal.-The department is
2470	responsible for the policy administration of the Selected Exempt
2471	Service. In carrying out that function the department shall:
2472	(1)  Provide broad, market-based pay bands for occupations
2473	within the Selected Exempt Service and establish guidelines that
2474	allow state agencies flexibility to move employees through the
2475	pay bands. The agencies may determine the appropriate salary
2476	within the bands using the guidelines adopted by the department.
2477	The pay bands, and the assignment of bands to positions, do not
2478	constitute rules within the meaning of s. 120.52.
2479	(2)  Establish a classification system and a salary and
2480	benefit plan for the Selected Exempt Service which provides for
2481	greater pay and benefits overall than are provided for the Civil
2482	Service and less pay and benefits overall than are provided for
2483	the Senior Management Service.
2484	(3)  In consultation with the Executive Office of the
2485	Governor and the appropriation committees of the Legislature,
2486	conduct compensation surveys as necessary for achieving an
2487	equitable, competitive, market-based compensation policy for
2488	selected exempt service employees.
2489	(4)  Establish a performance evaluation system for selected
2490	exempt service employees which takes into consideration
2491	individual and organizational efficiency, productivity, and
2492	effectiveness.
2493	(5)  Establish a system for documenting department actions
2494	taken on agency requests for the approval of position exemptions
2495	and pay increases for selected exempt service employees.
2496	(6)(1)  The department shall Adopt and administer uniform
2497	personnel rules, records, and reports relating to employees and
2498	positions in the Selected Exempt Service, as well as any other
2499	rules and procedures relating to personnel administration which
2500	are necessary to carry out the purposes of this part.
2501	(a)  The rules adopted by the department and each state
2502	agency must comply with all federal regulations necessary to
2503	permit the agencies to receive federal funds.
2504	(b)  Each agency shall operate within the uniform personnel
2505	rules adopted by the department pursuant to this part.
2506	(c)  Each agency shall maintain up-to-date records and
2507	reports required by applicable rules.
2508	(d)(a)  The department may shall develop uniform forms and
2509	instructions to be used for personnel in reporting transactions
2510	which involve changes in an employee's salary, status,
2511	performance, leave, fingerprint record, loyalty oath, payroll
2512	change, or appointment action or any additional transactions as
2513	the department deems may deem appropriate.
2514	(b)  The department shall develop a uniform performance
2515	appraisal system for employees and positions in the Selected
2516	Exempt Service covered by a collective bargaining agreement.
2517	Each employing agency shall develop a performance appraisal
2518	system for all other employees and positions in the Selected
2519	Exempt System. Such agency system shall take into consideration
2520	individual and organizational efficiency, productivity, and
2521	effectiveness.
2522	(c)  The employing agency must maintain, on a current
2523	basis, all records and reports required by applicable rules. The
2524	department shall periodically audit employing agency records to
2525	determine compliance with the provisions of this part and the
2526	rules of the department.
2527	(d)  The department shall develop a program of affirmative
2528	and positive actions that will ensure full utilization of women
2529	and minorities in Selected Exempt Service positions.
2530	(2)  Each employing agency shall operate within the uniform
2531	personnel rules adopted by the department pursuant to the
2532	provisions of this part. Each employing agency may adopt rules
2533	as necessary to implement the provisions of this part, but such
2534	rules shall not prescribe any personnel policies inconsistent
2535	with the provisions of this part or the rules of the department.
2536	(3)  The rules adopted by the department and each employing
2537	agency under this part shall comply with all federal regulations
2538	necessary to permit the state agencies to be eligible to receive
2539	federal funds.
2540	(4)  The department shall adopt by rule procedures for
2541	Selected Exempt Service employees that require disclosure to the
2542	agency head of any application for or offer of employment, gift,
2543	contractual relationship, or financial interest with any
2544	individual, partnership, association, corporation, utility, or
2545	other organization, whether public or private, doing business
2546	with or subject to regulation by the agency.
2547	(5)  The secretary may periodically hire a consultant with
2548	expertise in personnel management to advise him or her with
2549	respect to the administration of the Selected Exempt Service.
2550	Section 44.  Section 110.3023, Florida Statutes, is created
2551	to read:
2552	110.3023  Recruitment.-
2553	(1)  Each state agency is responsible for establishing a
2554	process for employing, advancing, and deploying selected exempt
2555	service staff to meet agency needs.
2556	(2)  If normal recruitment efforts of the agency through
2557	the use of the department's designated human resource
2558	information system, trade journals, or magazines are
2559	unsuccessful, the agency may contract with a person or firm to
2560	conduct a multistate search for hard-to-fill professional
2561	positions. The contracted search person or firm must satisfy the
2562	following criteria:
2563	(a)  Willingness to accept contingency contracts with fees
2564	up to 30 percent of the annual salary of the applicant, to be
2565	paid upon employment of an applicant produced by the search.
2566	(b)  Demonstrated capacity to perform effectively at
2567	competitive industry prices.
2568	(c)  Evidence of successful placements in the public sector
2569	by level and type of placement.
2570	(d)  Agreement for the delivery of services within 90
2571	calendar days after the date of the requested search by the
2572	agency, unless an extension is granted by the agency.
2573	(e)  Ability to attract minorities and women as evidenced
2574	by applicant pools generated for previous clients.
2575	Section 45.  The Division of Statutory Revision is
2576	requested to renumber part III of chapter 110, Florida Statutes,
2577	as part IV of that chapter, consisting of ss. 110.401-110.4035,
2578	Florida Statutes, and to rename that part as "Senior Management
2579	Service."
2580	Section 46.  Section 110.401, Florida Statutes, is amended
2581	to read:
2582	110.401  Declaration of policy.-This part creates a uniform
2583	system of personnel administration for attracting, retaining,
2584	and developing highly competent, executive-level senior-level
2585	managers within the State Personnel System at the highest
2586	executive-management-level agency positions in order for the
2587	highly complex programs and agencies of state government to
2588	function effectively, efficiently, and productively. The
2589	Legislature recognizes that executive-level senior-level
2590	management is an established profession and that the public
2591	interest is best served by developing and refining the
2592	management skills of its senior management service employees.
2593	Accordingly, training and management-development programs are
2594	regarded as a major administrative function within agencies.
2595	Section 47.  Section 110.402, Florida Statutes, is amended
2596	to read:
2597	110.402  Senior Management Service; creation, coverage.-
2598	(1)  The Senior Management Service is created as a separate
2599	system of personnel administration for positions in the State
2600	Personnel System which perform executive branch the duties and
2601	responsibilities that of which are primarily and essentially
2602	policymaking or managerial in nature.
2603	(2)  Such positions are The Senior Management Service shall
2604	be limited to those positions that which are exempt from the
2605	Civil Career Service under System by s. 110.205(2) and for which
2606	the salaries and benefits are set by the department in
2607	accordance with the rules of the Senior Management Service.
2608	(2)  Employees in the Senior Management Service shall serve
2609	at the pleasure of the agency head and are subject to personnel
2610	actions at the discretion of the agency head. Personnel actions
2611	that are tantamount to suspension, dismissal, reduction in pay,
2612	demotion, or transfer are exempt from chapter 120.
2613	Section 48.  Section 110.403, Florida Statutes, is amended
2614	to read:
2615	110.403  Powers and duties of the department.-The
2616	department is responsible for the policy administration of the
2617	Senior Management Service. To carry out that function the
2618	department shall:
2619	(1)  In order to implement the purposes of this part, the
2620	Department of Management Services, after approval by the
2621	Administration Commission, shall adopt and amend rules providing
2622	for:
2623	(1)(a)  Establish a system for employing, advancing, and
2624	deploying senior management service employees which promoting,
2625	or reassigning managers that is responsive to organizational or
2626	program needs. In no event shall The number of positions
2627	included in the Senior Management Service may not exceed 1.0
2628	percent of the total full-time equivalent positions in the Civil
2629	career Service. The department may not approve the establishment
2630	of shall deny approval to establish any position within the
2631	Senior Management Service which exceeds would exceed the
2632	limitation established in this paragraph. The department shall
2633	report that the limitation has been reached to the Governor, the
2634	President of the Senate, and the Speaker of the House of
2635	Representatives, as soon as practicable after it such event
2636	occurs. Employees in the Senior Management Service shall serve
2637	at the pleasure of the agency head and shall be subject to
2638	suspension, dismissal, reduction in pay, demotion, transfer, or
2639	other personnel action at the discretion of the agency head.
2640	Such personnel actions are exempt from the provisions of chapter
2641	120.
2642	(2)  Provide broad, market-based pay bands for occupations
2643	within the Senior Management Service and establish guidelines
2644	that allow state agencies flexibility to move employees through
2645	the pay bands. The agencies may determine the appropriate salary
2646	within the bands using the guidelines established by the
2647	department. Such pay bands and the assignment of bands to
2648	positions do not constitute rules within the meaning of s.
2649	120.52.
2650	(b)  A performance appraisal system which shall take into
2651	consideration individual and organizational efficiency,
2652	productivity, and effectiveness.
2653	(3)(c)  Establish a classification system plan and a salary
2654	and benefit plan for senior management service employees which
2655	that provides appropriate incentives for the recruitment and
2656	retention of outstanding management personnel and provides for
2657	salary increases based on performance.
2658	(4)  In consultation with the Executive Office of the
2659	Governor and the appropriation committees of the Legislature,
2660	conduct compensation surveys as necessary for the purpose of
2661	achieving an equitable, competitive, market-based compensation
2662	policy for senior management service employees.
2663	(5)  Establish a performance evaluation system for senior
2664	management service employees which takes into consideration
2665	individual and organizational efficiency, productivity, and
2666	effectiveness.
2667	(d)  A system of rating duties and responsibilities for
2668	positions within the Senior Management Service and the
2669	qualifications of candidates for those positions.
2670	(6)(e)  Establish a system for documenting actions taken on
2671	agency requests for approval of position exemptions and special
2672	pay increases for senior management service employees.
2673	(7)  Adopt and administer personnel rules, records, and
2674	reports relating to employees and positions in the Senior
2675	Management Service, as well as any other rules or procedures
2676	relating to personnel administration which are necessary for
2677	carrying out the purposes of this part.
2678	(a)  The rules adopted by the department must comply with
2679	all federal regulations necessary for state agencies to receive
2680	federal funds.
2681	(b)  Each agency shall operate within the personnel rules
2682	adopted by the department pursuant to this part.
2683	(c)  The agency shall maintain up-to-date records and
2684	reports required by applicable rules.
2685	(d)  The department may develop uniform forms and
2686	instructions to be used in connection with personnel
2687	transactions as the department deems appropriate.
2688	(f)  Requirements regarding recordkeeping by agencies with
2689	respect to Senior Management Service positions. Such records
2690	shall be audited periodically by the Department of Management
2691	Services to determine agency compliance with the provisions of
2692	this part and the rules of the Department of Management
2693	Services.
2694	(g)  Other procedures relating to personnel administration
2695	to carry out the purposes of this part.
2696	(h)  A program of affirmative and positive action that will
2697	ensure full utilization of women and minorities in Senior
2698	Management Service positions.
2699	(2)  The powers, duties, and functions of the department of
2700	Management Services shall include responsibility for the policy
2701	administration of the Senior Management Service.
2702	(3)  The department shall have the following additional
2703	responsibilities:
2704	(a)  To establish and administer a professional development
2705	program that shall provide for the systematic development of
2706	managerial, executive, or administrative skills. Such a program
2707	shall include the following topics:
2708	1.  Improving the performance of individual employees. This
2709	topic provides skills in understanding and motivating individual
2710	performance, providing effective and timely evaluations of
2711	employees, and making recommendations on performance incentives
2712	and disincentives.
2713	2.  Improving the performance of groups of employees. This
2714	topic provides skills in creating and maintaining productive
2715	workgroups and making recommendations on performance incentives
2716	and disincentives.
2717	3.  Relating the efforts of employees to the goals of the
2718	organization. This topic provides skills in linking the work of
2719	individual employees to the goals of the agency program,
2720	service, or activity.
2721	4.  Strategic planning. This topic provides the skills for
2722	defining agency business processes, measuring performance of
2723	such processes, and reengineering such processes for improved
2724	efficiency and effectiveness.
2725	5.  Team leadership. This topic provides skills in
2726	effective group processes for organizational motivation and
2727	productivity based on proven business and military applications
2728	that emphasize respect for and courtesy to the public.
2729	(b)  To promote public understanding of the purposes,
2730	policies, and programs of the Senior Management Service.
2731	(c)  To approve contracts of employing agencies with
2732	persons engaged in the business of conducting multistate
2733	executive searches to identify qualified and available
2734	applicants for Senior Management Service positions for which the
2735	department sets salaries in accordance with the classification
2736	and pay plan. Such contracts may be entered by the agency head
2737	only after completion of an unsuccessful in-house search. The
2738	department shall establish, by rule, the minimum qualifications
2739	for persons desiring to conduct executive searches, including a
2740	requirement for the use of contingency contracts. These rules
2741	shall ensure that such persons possess the requisite capacities
2742	to perform effectively at competitive industry prices. These
2743	rules shall also comply with state and federal laws and
2744	regulations governing equal opportunity employment.
2745	(4)  All policies and procedures adopted by the department
2746	regarding the Senior Management Service shall comply with all
2747	federal regulations necessary to permit the state agencies to be
2748	eligible to receive federal funds.
2749	(5)  The department shall adopt, by rule, procedures for
2750	Senior Management Service employees that require disclosure to
2751	the agency head of any application for or offer of employment,
2752	gift, contractual relationship, or financial interest with any
2753	individual, partnership, association, corporation, utility, or
2754	other organization, whether public or private, doing business
2755	with or subject to regulation by the agency.
2756	Section 49.  Section 110.4035, Florida Statutes, is created
2757	to read:
2758	110.4035  Recruitment.-
2759	(1)  Each state agency is responsible for establishing a
2760	process for employing, advancing, and deploying executive level
2761	managers to meet agency needs.
2762	(2)  If normal recruitment efforts are unsuccessful, the
2763	agency may contract with a person or firm to conduct a
2764	multistate search for executive level managers which satisfies
2765	the following criteria:
2766	(a)  Willingness to accept contingency contracts with fees
2767	that do not exceed 30 percent of the annual salary of the
2768	applicant, to be paid upon employment of the applicant produced
2769	by the search.
2770	(b)  Demonstrated capacity to perform effectively at
2771	competitive industry prices.
2772	(c)  Evidence of successful placements in the public sector
2773	by level and type of placement.
2774	(d)  Agreement for the delivery of services within 90
2775	calendar days after the date of the requested search by the
2776	agency, unless an extension is granted by the agency.
2777	(e)  Ability to attract minorities and women as evidenced
2778	by applicant pools generated for previous clients.
2779	Section 50.  The Division of Statutory Revision is
2780	requested to create part IX of chapter 112, Florida Statutes,
2781	consisting of ss. 112.906-112.924, Florida Statutes, to be
2782	entitled "State Employment."
2783	Section 51.  Section 112.906, Florida Statutes, is created
2784	to read:
2785	112.906  Definitions.-As used in this part, the term:
2786	(1)  "Department" means the Department of Management
2787	Services.
2788	(2)  "Other personal services" has the same meaning as in
2789	s. 216.011(1).
2790	(3)  "State agency" or "agency" means any official,
2791	officer, commission, board, authority, council, committee, or
2792	department of the executive branch or judicial branch of state
2793	government as defined in chapter 216, unless otherwise exempted
2794	by law.
2795	(5)  "State employee" or "employee" means an employee of a
2796	state agency.
2797	Section 52.  Section 110.131, Florida Statutes, is
2798	transferred, renumbered as section 112.907, Florida Statutes,
2799	and amended to read:
2800	112.907 110.131  Other-personal-services temporary
2801	employment.-
2802	(1)  As used in this section, the term "agency" means any
2803	official, officer, commission, board, authority, council,
2804	committee, or department of the executive branch of state
2805	government and means any officer, court, commission, or other
2806	unit of the judicial branch of state government supported in
2807	whole or in part by appropriations made by the Legislature.
2808	(1)(2)  An agency may employ any qualified individual in
2809	other-personal-services temporary employment for 1,040 hours
2810	within any 12-month period. For each other-personal-services
2811	employee, the agency shall:
2812	(a)  Maintain employee records identifying, at a minimum,
2813	the person employed, hire date, type of other-personal-services
2814	employment, and the number of hours worked.
2815	(b)  Determine the appropriate rate of pay and ensure that
2816	all payments are in compliance with the federal Fair Labor
2817	Standards Act and state law.
2818	(c)  Review, determine, and document by June 30 of each year
2819	that the continuation of each other-personal-services employment
2820	position is necessary to the mission of the agency. This review
2821	process An extension beyond a total of 1,040 hours within an
2822	agency for any individual requires a recommendation by the
2823	agency head and approval by the Executive Office of the
2824	Governor. Approval of extensions shall be made in accordance
2825	with criteria established by the department. Each agency shall
2826	maintain employee information as specified by the department
2827	regarding each extension of other-personal-services temporary
2828	employment. The time limitation established by this subsection
2829	does not apply to board members; consultants; seasonal
2830	employees; institutional clients employed as part of their
2831	rehabilitation; bona fide, degree-seeking students in accredited
2832	secondary or postsecondary educational programs; employees hired
2833	to deal with an emergency situation that affects the public
2834	health, safety, or welfare; or employees hired for a project
2835	that is identified by a specific appropriation or time-limited
2836	grant.
2837	(2)  Unless specifically provided by law, other-personal-
2838	services employees are not eligible for any form of paid leave,
2839	paid holidays, paid personal day, participation in state group
2840	insurance or retirement benefits, or any other state employee
2841	benefit. Other-personal-services employees may be included in
2842	that part of an agency's recognition and reward program that
2843	recognizes and rewards employees who submit innovative ideas
2844	that increase productivity, eliminate or reduce state
2845	expenditures, improve operations, or generate additional
2846	revenue, or who meet or exceed the agency's established criteria
2847	for a project or goal.
2848	(3)  The department shall adopt rules providing that other-
2849	personal-services temporary employment in an employer-employee
2850	relationship shall be used for short-term tasks. Such rules
2851	shall specify the employment categories, terms, conditions, rate
2852	of pay, and frequency of other-personal-services temporary
2853	employment and the duration for which such employment may last;
2854	specify criteria for approving extensions beyond the time
2855	limitation provided in subsection (2); and prescribe
2856	recordkeeping and reporting requirements for other-personal-
2857	services employment.
2858	(4)  The department shall prepare written material
2859	explaining the terms and conditions of other-personal-services
2860	employment and shall provide master copies to each agency. Each
2861	agency shall provide each of its applicants for such employment
2862	with a copy thereof at the time of application and shall discuss
2863	the information contained thereon with each applicant at the
2864	time of interview or employment commencement, whichever occurs
2865	sooner.
2866	(5)  The department shall maintain information relating to
2867	other-personal-services employment for each agency. Such
2868	information shall include:
2869	(a)  The total amount of compensation for other-personal-
2870	services personnel, by employment category, for the preceding
2871	fiscal year.
2872	(b)  The name, social security number, employment category,
2873	employment commencement date, and number of hours worked for
2874	each individual whose initial other-personal-services temporary
2875	employment began before the start of the preceding fiscal year
2876	and who was still employed as an other-personal-services
2877	temporary employee at the end of the preceding fiscal year.
2878	(6)(a)  The provisions of subsections (2), (3), and (4) do
2879	not apply to any employee for whom the Board of Governors of the
2880	State University System, or the board's designee, or the Board
2881	of Trustees of the Florida School for the Deaf and the Blind is
2882	the employer as defined in s. 447.203(2); except that, for
2883	purposes of subsection (5), the Board of Trustees of the Florida
2884	School for the Deaf and the Blind shall comply with the
2885	recordkeeping and reporting requirements adopted by the
2886	department pursuant to subsection (3) with respect to those
2887	other-personal-services employees exempted by this subsection.
2888	(b)  The provisions of subsections (2), (3), and (4) do not
2889	apply to any employee of the Division of Blind Services Library
2890	for the Blind and Physically Handicapped for whom the Division
2891	of Blind Services is the employer as defined in s. 447.203(2);
2892	except that, for purposes of subsection (5), the Division of
2893	Blind Services shall comply with the recordkeeping and reporting
2894	requirements adopted by the department pursuant to subsection
2895	(3) with respect to those other-personal-services employees
2896	exempted by this subsection.
2897	(c)  Notwithstanding the provisions of this section, the
2898	agency head or his or her designee may extend the other-
2899	personal-services employment of a health care practitioner
2900	licensed pursuant to chapter 458, chapter 459, chapter 460,
2901	chapter 461, chapter 463, part I of chapter 464, chapter 466,
2902	chapter 468, chapter 483, chapter 486, or chapter 490 beyond
2903	2,080 hours and may employ such practitioner on an hourly or
2904	other basis.
2905	(7)  The Department of Management Services shall annually
2906	assess agencies for the regulation of other personal services on
2907	a pro rata share basis not to exceed an amount as provided in
2908	the General Appropriations Act.
2909	Section 53.  Section 110.1128, Florida Statutes, is
2910	transferred and renumbered as section 112.908, Florida Statutes.
2911	Section 54.  Section 110.1221, Florida Statutes, is
2912	transferred, renumbered as section 112.909, Florida Statutes,
2913	and amended to read:
2914	112.909 110.1221  Sexual harassment policy; executive
2915	agency rules.-It is the policy of the state that sexual
2916	harassment is a form of discrimination. Each agency that has
2917	authority to adopt rules governing the conditions of employment
2918	The department shall adopt uniform sexual harassment rules
2919	applicable to all executive agencies. Such the rules must define
2920	the term "sexual harassment" in a manner consistent with the
2921	federal definition.
2922	Section 55.  Section 110.122, Florida Statutes, is
2923	transferred, renumbered as section 112.910, Florida Statutes,
2924	and amended to read:
2925	112.910 110.122  Terminal payment for accumulated sick
2926	leave.-
2927	(1)  All state branches, departments, and agencies that are
2928	authorized which have the authority to establish or approve
2929	personnel policies for employees and to employ personnel and
2930	establish the conditions of their employment shall establish
2931	policies that to provide terminal "incentive" pay for
2932	accumulated and unused sick leave to each employee upon his or
2933	her normal or regular retirement for reason other than
2934	disability or upon termination of employment, or to the
2935	employee's beneficiary if service is terminated by death,
2936	provided such retirement, termination, or death occurs after 10
2937	years of creditable state employment.
2938	(2)  Each agency that is authorized to adopt rules
2939	governing the conditions of employment The employing entity
2940	shall establish and publish rules governing the accumulation and
2941	use of sick leave and maintain accurate and reliable records
2942	showing the amount of sick leave that which has accumulated and
2943	is unused by the employee at the time of retirement, death, or
2944	termination.
2945	(3)  The payments authorized by this section shall be
2946	determined by using the rate of pay received by the employee at
2947	the time of retirement, termination, or death, applied to the
2948	sick leave time for which the employee is qualified to receive
2949	terminal "incentive" pay under the rules adopted by the
2950	department pursuant to the provisions of this section. The rules
2951	and policies must provide adopted pursuant to this section shall
2952	permit terminal pay for sick leave equal to one-eighth of all
2953	unused sick leave credit accumulated before prior to October 1,
2954	1973, plus one-fourth of all unused sick leave accumulated on or
2955	after October 1, 1973. However, terminal pay allowable for
2956	unused sick leave accumulated on or after October 1, 1973, may
2957	shall not exceed a maximum of 480 hours of actual payment.
2958	Employees must shall be required to use all sick leave
2959	accumulated before prior to October 1, 1973, before using sick
2960	leave accumulated on or after October 1, 1973.
2961	(4)  The payments made pursuant to this section are shall
2962	not salary payments be considered in any state-administered
2963	retirement system as salary payments and may shall not be used
2964	in determining the average final compensation of an employee in
2965	any state-administered retirement system.
2966	(5)  Any employee:
2967	(a)  Who is found guilty in a court of competent
2968	jurisdiction of committing, aiding, or abetting any embezzlement
2969	or theft from the employee's employer or bribery in connection
2970	with the employment, committed before prior to retirement or 10-
2971	year normal creditable termination;
2972	(b)  Whose employment is terminated by reason of the
2973	employee having admitted committing, aiding, or abetting an
2974	embezzlement or theft from his or her employer or by reason of
2975	bribery;
2976	(c)  Who, prior to 10-year normal creditable termination or
2977	retirement is adjudged by a court of competent jurisdiction to
2978	have violated any state law against strikes by public employees;
2979	or
2980	(d)  Who has been found guilty by a court of competent
2981	jurisdiction of violating any state law prohibiting strikes by
2982	public employees,
2983
2984	shall forfeit all rights and benefits under this section. An
2985	employee whose employment terminates as a result of an act
2986	committed subject to this subsection may shall not be given
2987	credit for unused sick leave accumulated before prior to
2988	termination should the employee be reemployed at a later date.
2989	Section 56.  Section 110.121, Florida Statutes, is
2990	transferred, renumbered as 112.911, Florida Statutes, and
2991	amended to read:
2992	112.911 110.121  Sick leave pool.-Each state department or
2993	agency that of the state which has authority to adopt rules
2994	governing the accumulation and use of sick leave for employees,
2995	and which maintains accurate and reliable records showing the
2996	amount of sick leave that which has been accumulated and is
2997	unused by employees, may, in accordance with guidelines which
2998	shall be established by the Department of Management Services,
2999	adopt rules establishing for the establishment of a plan that
3000	allows allowing participating employees to pool and use sick
3001	leave and allowing any sick leave thus pooled to be used by any
3002	participating employee who has used all of the sick leave that
3003	has been personally accrued by him or her. Although not limited
3004	to the following, Such rules shall provide, but need not be
3005	limited to:
3006	(1)  Minimum eligibility criteria That employees shall be
3007	eligible for participation in the sick leave pool after 1 year
3008	of employment with the state or agency of the state; provided
3009	that such employee has accrued a minimum amount of unused sick
3010	leave, which minimum shall be established by rule.
3011	(2)  That participation in the sick leave pool is shall, at
3012	all times, be voluntary on the part of the employees.
3013	(3)  That any sick leave pooled shall be removed from the
3014	personally accumulated sick leave balance of the employee
3015	contributing such leave.
3016	(4)  That any sick leave in the pool which leave is used by
3017	a participating employee is shall be used only for the
3018	employee's personal illness, accident, or injury.
3019	(5)  That a participating employee may shall not be
3020	eligible to use sick leave accumulated in the pool until all of
3021	his or her personally accrued sick, annual, and compensatory
3022	leave, and his or her personal day, have has been used.
3023	(6)  The A maximum number of hours days of sick leave in
3024	the pool which any one employee may use.
3025	(7)  That a participating employee who uses sick leave from
3026	the pool is shall not be required to recontribute such sick
3027	leave to the pool, except as otherwise provided in this section.
3028	(8)  That an employee who cancels his or her membership in
3029	the sick leave pool may shall not be eligible to withdraw the
3030	hours days of sick leave contributed by that employee to the
3031	pool.
3032	(9)  That an employee who moves transfers from a one
3033	position in one agency state government to a another position in
3034	another agency state government may transfer from one pool to
3035	another if the eligibility criteria of the pools are comparable
3036	or the administrators of the pools have agreed on the a formula
3037	for transfer of credits.
3038	(10)  That alleged abuse of the use of the sick leave pool
3039	shall be investigated, and, on a finding of wrongdoing, the
3040	employee must shall repay all of the sick leave credits drawn
3041	from the sick leave pool and is shall be subject to such other
3042	disciplinary action as is determined by the agency head.
3043	(11)  That sick leave credits may be drawn from the sick
3044	leave pool by a part-time employee on a pro rata basis.
3045	Section 57.  Section 110.119, Florida Statutes, is
3046	transferred, renumbered as section 112.912, Florida Statutes,
3047	and amended to read:
3048	112.912 110.119  Administrative leave for reexamination or
3049	treatment with respect to service-connected disability.-
3050	(1)  An Any employee of the state who has been rated by the
3051	United States Department of Veterans Affairs or its predecessor
3052	to have incurred a service-connected disability and has been
3053	scheduled by the United States Department of Veterans Affairs to
3054	be reexamined or treated for the disability shall be granted
3055	administrative leave for such reexamination or treatment without
3056	loss of pay or benefits. However, such In no event shall the
3057	paid leave may not under this section exceed 48 hours per 6
3058	calendar days a year.
3059	(2)  The department may adopt any rule necessary to carry
3060	out the purpose of this section.
3061	Section 58.  Section 110.120, Florida Statutes, is
3062	transferred, renumbered as section 112.913, Florida Statutes,
3063	and amended to read:
3064	112.913 110.120  Administrative leave for disaster service
3065	volunteers.-
3066	(1)  SHORT TITLE.-This section shall be known and may be
3067	cited as the "Florida Disaster Volunteer Leave Act."
3068	(2)  DEFINITIONS.-As used in this section, the following
3069	terms shall apply:
3070	(a)  "State agency" means any official, officer,
3071	commission, board, authority, council, committee, or department
3072	of the executive branch of state government.
3073	(b)  "Disaster" includes disasters designated at level II
3074	and above in the American National Red Cross regulations and
3075	procedures.
3076	(3)  LEAVE OF ABSENCE.-An employee of a state agency who is
3077	a certified disaster service volunteer of the American Red Cross
3078	may be granted a leave of absence with pay for up to not more
3079	than 15 working days in any 12-month period to participate in
3080	specialized disaster relief services for the American Red Cross.
3081	Such leave of absence may be granted upon the request of the
3082	American Red Cross and upon the approval of the employer
3083	employee's employing agency. An employee granted leave under
3084	this section may shall not be deemed to be an employee of the
3085	state for purposes of workers' compensation. Leave under this
3086	section act may be granted only for services related to a
3087	disaster occurring within the boundaries of the State of
3088	Florida, except that, with the approval of the Governor and
3089	Cabinet, leave may be granted for services in response to a
3090	disaster occurring within the boundaries of the United States.
3091	Section 59.  Section 110.1091, Florida Statutes, is
3092	transferred, renumbered as section 112.914, Florida Statutes,
3093	and amended to read:
3094	112.914. 110.1091  Employee assistance programs; public
3095	records exemption.-
3096	(1)  A An employing state agency may provide a counseling,
3097	therapeutic, or other professional treatment program to assist a
3098	any state employee who has a behavioral disorder, medical
3099	disorder, or substance abuse problem or who has an emotional
3100	difficulty that affects the employee's job performance. The Each
3101	employing state agency may designate community diagnostic and
3102	referral resources as necessary to implement the provisions of
3103	this subsection.
3104	(2)  A state employee's personal identifying information
3105	contained in records held by a an employing state agency
3106	relating to an employee's participation in an employee
3107	assistance program is confidential and exempt from the
3108	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
3109	Constitution.
3110	Section 60.  Section 110.151, Florida Statutes, is
3111	transferred, renumbered as section 112.915, Florida Statutes,
3112	and amended to read:
3113	112.915 110.151  State officers' and employees' Child care
3114	services.-
3115	(1)  A state agency may establish The Department of
3116	Management Services shall approve, administer, and coordinate
3117	child care services for state officers' and employees' children
3118	or dependents. Duties shall include, but not be limited to,
3119	reviewing and approving requests from state agencies for child
3120	care services; providing technical assistance on child care
3121	program startup and operation; and assisting other agencies in
3122	conducting needs assessments, designing centers, and selecting
3123	service providers. Primary emphasis for child care services
3124	shall be given to children who are not subject to compulsory
3125	school attendance pursuant to part II of chapter 1003, and, to
3126	the extent possible, emphasis shall be placed on child care for
3127	children aged 2 and under.
3128	(2)  Child care programs may be located in state-owned
3129	office buildings, educational facilities and institutions,
3130	custodial facilities and institutions, and, with the consent of
3131	the President of the Senate and the Speaker of the House of
3132	Representatives, in buildings or spaces used for legislative
3133	activities. In addition, centers may be located in privately
3134	owned buildings conveniently located to the place of employment
3135	of those officers and employees to be served by the centers. If
3136	a child care program is located in a state-owned office
3137	building, educational facility or institution, or custodial
3138	facility or institution, or in a privately owned building leased
3139	by the state, a portion of the service provider's rental fees
3140	for child care space may be waived by the sponsoring agency in
3141	accordance with the rules of the department's Facilities Program
3142	Department of Management Services. Additionally, the sponsoring
3143	state agency may be responsible for the maintenance, utilities,
3144	and other operating costs associated with the child care center.
3145	(3)  Except as otherwise provided in this section, the cost
3146	of child care services shall be offset by fees charged to
3147	employees who use the child care services. Requests for
3148	proposals may provide for a sliding fee schedule based on, with
3149	fees charged on the basis of the employee's household income.
3150	(4)  The provider of proposed child care services shall be
3151	selected by competitive contract. Requests for proposals shall
3152	be developed with the assistance of, and subject to the approval
3153	of, the Department of Management Services. Management of the
3154	contract with the service provider is shall be the
3155	responsibility of the sponsoring state agency.
3156	(5)  An operator selected to provide services must comply
3157	with all state and local standards for the licensure and
3158	operation of child care facilities, maintain adequate liability
3159	insurance coverage, and assume financial and legal
3160	responsibility for the operation of the program. Neither The
3161	operator of and nor any personnel employed by or at a child care
3162	facility may not shall be deemed to be employees of the state.
3163	However, the sponsoring state agency may be responsible for the
3164	operation of the child care center if when:
3165	(a)  A second request for proposals fails to procure a
3166	qualified service provider; or
3167	(b)  The service provider's contract is canceled and
3168	attempts to procure another qualified service provider are
3169	unsuccessful;
3170
3171	and plans for direct operation are approved by the Department of
3172	Management Services.
3173	(6)  In the areas where the state has an insufficient
3174	number of employees to justify a worksite center, a state agency
3175	may join in a consortium arrangement using utilizing available
3176	state facilities with not-for-profit corporations or other
3177	public employers to provide child care services to both public
3178	employees and employees of private sector employers. The
3179	consortium agreement must first address the unmet child care
3180	needs of the children of the public employees whose employers
3181	are members of the consortium, and then address the child care
3182	needs of private sector employees.
3183	(7)  The Department of Management Services may adopt any
3184	rules necessary to achieve the purposes of this section.
3185	Section 61.  Section 110.181, Florida Statutes, is
3186	transferred and renumbered as section 112.916, Florida Statutes.
3187	112.916 110.181  Florida State Employees' Charitable
3188	Campaign.-
3189	Section 62.  Section 110.1225, Florida Statutes, is
3190	transferred, renumbered as section 112.917, Florida Statutes,
3191	and amended to read:
3192	112.917 110.1225  Furloughs.-If When a deficit is projected
3193	by the Revenue Estimating Conference
3194	in any fund of a state agency which
3195	benefit appropriations, the agency Administration Commission may
3196	propose a furlough plan to the Legislative Budget Commission
3197	Legislature, which must approve or disapprove such plan. The
3198	plan must identify all affected positions and ensure that all
3199	affected employees are subject to the same reduction of hours
3200	for the same number of pay periods with a commensurate reduction
3201	in pay. For the purposes of this section, the term "furlough"
3202	means a temporary reduction in the regular hours of employment
3203	in a pay period, or temporary leave without pay for one or more
3204	pay periods, with a commensurate reduction in pay.
3205	Section 63.  Section 110.1155, Florida Statutes, is
3206	transferred and renumbered as section 112.918, Florida Statutes.
3207	Section 64.  Section 110.191, Florida Statutes, is
3208	transferred, renumbered as section 112.919, Florida Statutes,
3209	and amended to read:
3210	112.919 110.191  State employee leasing.-
3211	(1)  If In situations where the Legislature has expressly
3212	authorized a the state, an agency, or the judicial branch as
3213	defined in s. 110.107 to lease employees, the Executive Office
3214	of the Governor for the executive branch or the Chief Justice
3215	for the judicial branch may authorize any of the following
3216	actions related to such state employee leasing activities if,
3217	provided that the direct cost of such actions is to be paid or
3218	reimbursed within 30 days after payment by the entity or person
3219	to whom the employees are leased:
3220	(a)  Creation of Create a separate budget entity from which
3221	leased employees are shall be paid and the transfer of the
3222	positions authorized to be leased to that budget entity.
3223	(b)  Provide Increases in the operating budget entity.
3224	(c)  Authorized Lump-sum salary bonuses to leased
3225	employees.; However, any lump-sum salary bonus above the
3226	automatic salary increases which may be contained in the General
3227	Appropriations Act must be funded from private sources.
3228	(d)  Approve Increases in salary rate for positions that
3229	which are leased.; However, any salary rate above the automatic
3230	salary increases which may be contained in the General
3231	Appropriations Act must be funded from private sources.
3232	(e)  The waiver of Waive any requirement for automatic
3233	salary increases that which may be contained in the General
3234	Appropriations Act.
3235	(2)  Positions that which are in the Senior Management
3236	Service System or the Selected Exempt Service System on the day
3237	before the state employee lease agreement takes effect shall
3238	remain in the respective system if the duties performed by the
3239	position during the assignment of the state employee lease
3240	agreement are comparable as determined by the department. Those
3241	Senior Management Service System or Selected Exempt Service
3242	System positions that which are not determined comparable by the
3243	department, and positions that which are in other pay plans on
3244	the day before the lease agreement takes effect, shall have the
3245	same salaries and benefits provided to employees of the Office
3246	of the Governor pursuant to s. 110.205(2)(h)2. 110.205(2)(l)2.
3247	Section 65.  Section 110.1082, Florida Statutes, is
3248	transferred, renumbered as section 112.920, Florida Statutes,
3249	and amended to read:
3250	112.920 110.1082  Telephone voice mail systems and
3251	telephone menu options systems.-
3252	(1)  A No state employee may not use shall utilize a voice
3253	mail system when the employee is at his or her regularly
3254	assigned work station where his or her telephone is functional
3255	and available for use, unless:
3256	(a)  The telephone device is in use, and/or;
3257	(b)  The Such voice mail system alerts the caller to, and
3258	provides the caller with access to, a nonelectronic attendant;
3259	or
3260	(c)  The Such voice mail system automatically transfers the
3261	caller to a nonelectronic attendant.
3262	(2)  Telephone menu options systems used by state agencies
3263	must, departments, or other state government units will alert
3264	the caller to, and provide the caller with access to, a
3265	nonelectronic attendant.
3266	(3)  Agency heads shall will ensure compliance with the
3267	provisions of this section.
3268	Section 66.  Section 110.1165, Florida Statutes, is
3269	transferred and renumbered as section 112.921, Florida Statutes,
3270	and subsections (1) and (2) of that section are amended to read:
3271	112.921 110.1165  Executive branch personnel errors;
3272	limitation of actions for compensation.-
3273	(1)  An agency of the executive branch, including the State
3274	University System, shall establish procedures for the receipt,
3275	consideration, and disposition of a claim regarding pay or
3276	benefits brought by an employee if the when that employee is
3277	damaged as a result of being provided with erroneous written
3278	information by the employing agency regarding his or her pay or
3279	benefits, and the employee detrimentally relies upon such
3280	written information. In order to qualify for the relief provided
3281	by this section, the employee's reliance on the representation
3282	must have been reasonable and based only upon only the written
3283	representations made by those persons authorized by the agency
3284	head to make such representations. Furthermore, The erroneous
3285	calculation and payment of an employee's salary, wages, or
3286	benefits is not among the written representations that which
3287	will trigger relief under this section.
3288	(2)  An agency of the executive branch, including the State
3289	University System, may is authorized to take appropriate such
3290	action as may be appropriate to provide a remedy for an employee
3291	concerning his or her claim regarding detrimental reliance on
3292	erroneous written information provided by the employing agency
3293	relating to pay and benefits if, provided such remedy is within
3294	the purview of the agency's authority. The agency may not has no
3295	authority whatsoever to modify the state retirement system or
3296	the state insurance program. Any monetary remedy afforded by the
3297	agency must fall within the agency's budgetary authority. Any
3298	person dissatisfied with the outcome of this process may file
3299	either a grievance pursuant to the agency's internal grievance
3300	process or an appeal to the Division of Administrative Hearings
3301	pursuant to chapter 120, but not both.
3302	Section 67.  Section 112.922, Florida Statutes, is created
3303	to read:
3304	112.922  Penalties.-
3305	(1)  Any person who willfully violates any provision of
3306	this part or any rules adopted pursuant to this part commits a
3307	misdemeanor of the second degree, punishable as provided in s.
3308	775.082 or s. 775.083.
3309	(2)  Notwithstanding s. 112.011, any person who is
3310	convicted of a misdemeanor under this part is ineligible for
3311	appointment to or employment in a state position for 5 years. If
3312	such person is an employee of the state, he or she must forfeit
3313	his or her position.
3314	(3)  Imposition of the penalties provided in this section
3315	may not be in lieu of any action that may be taken or penalties
3316	that may be imposed pursuant to part III of this chapter.
3317	Section 68.  Section 112.923, Florida Statutes, is created
3318	to read:
3319	112.923  Direct deposit.-As a condition of employment, a
3320	state employee must participate in the direct deposit program
3321	pursuant to s. 17.076. An employee may request an exemption from
3322	this subsection if the employee can demonstrate a hardship or if
3323	the employee is in an other-personal-services position.
3324	Section 69.  Section 110.114, Florida Statutes, is
3325	transferred, renumbered as section 112.924, Florida Statutes,
3326	and amended to read:
3327	112.924 110.114  Employee wage deductions.-
3328	(1)  A state agency may The state or any of its
3329	departments, bureaus, commissions, and officers are authorized
3330	and permitted, with the concurrence of the Department of
3331	Financial Services, to make deductions from the salary or wage
3332	of an any employee or employees in an such amount as shall be
3333	authorized and requested by such
3334	such purpose as shall be
3335	employee or employees and
3336	directed by the such employee or employees. The concurrence of
3337	the Department of Financial Services is shall not be required
3338	for the deduction of a certified bargaining agent's membership
3339	dues deductions pursuant to s. 447.303 or any deductions
3340	authorized by a collective bargaining agreement.
3341	(2)  The approval of and making of approved deductions does
3342	shall not require the approval or making of other requested
3343	deductions.
3344	(3)  Notwithstanding the provisions of subsections (1) and
3345	(2), the deduction of an employee's membership dues deductions
3346	as defined in s. 447.203(15) for an employee organization as
3347	defined in s. 447.203(11) shall be authorized or permitted only
3348	for an organization that has been certified as the exclusive
3349	bargaining agent pursuant to chapter 447 for a unit of state
3350	employees in which the employee is included. Such deductions are
3351	shall be subject to the provisions of s. 447.303.
3352	(4)  Records of employee requests and employer
3353	authorizations for deductions from an employee's wage or salary,
3354	or the legal authority for the deduction, shall be maintained by
3355	the employer agency each employing entity.
3356	Section 70.  The Division of Statutory Revision is
3357	requested to create part X of chapter 112, Florida Statutes,
3358	consisting of ss. 112.940-112.950, Florida Statutes, to be
3359	entitled "State Administered Benefits."
3360	Section 71.  Section 110.1227, Florida Statutes, is
3361	transferred and renumbered as section 112.940, Florida Statutes,
3362	and paragraph (c) of subsection (1) of that section is amended
3363	to read:
3364	112.940 110.1227  Florida Employee Long-Term-Care Plan
3365	Act.-
3366	(1)  The Legislature finds that state expenditures for
3367	long-term-care services continue to increase at a rapid rate and
3368	that the state faces increasing pressure in its efforts to meet
3369	the long-term-care needs of the public.
3370	(c)  This act in no way affects the Department of
3371	Management Services' authority pursuant to s. 112.942 110.123.
3372	Section 72.  Section 110.1228, Florida Statutes, is
3373	transferred and renumbered as section 112.941, Florida Statutes,
3374	and subsection (2) of that section is amended to read:
3375	112.941 110.1228  Participation by small counties, small
3376	municipalities, and district school boards located in small
3377	counties.-
3378	(2)  The governing body of a small county or small
3379	municipality or a district school board may apply for
3380	participation in the state group health insurance program
3381	authorized in s. 112.942 110.123 and the prescription drug
3382	coverage program authorized by s. 112.944 110.12315 by
3383	submitting an application along with a $500 nonrefundable fee to
3384	the department.
3385	Section 73.  Section 110.123, Florida Statutes, is
3386	transferred and renumbered as section 112.941, Florida Statutes,
3387	and paragraph (f) of subsection (3) and paragraph (c) of
3388	subsection (4) of that section are amended to read:
3389	112.942 110.123  State group insurance program.-
3390	(3)  STATE GROUP INSURANCE PROGRAM.-
3391	(f)  Except as provided for in subparagraph (h)2., the
3392	state contribution toward the cost of any plan in the state
3393	group insurance program shall be uniform with respect to all
3394	state employees in a state collective bargaining unit
3395	participating in the same coverage tier in the same plan. This
3396	section does not prohibit the development of separate benefit
3397	plans for officers and employees exempt from the Civil career
3398	Service or the development of separate benefit plans for each
3399	collective bargaining unit.
3400	(4)  PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE; LIMITATION
3401	ON ACTIONS TO PAY AND COLLECT PREMIUMS.-
3402	(c)  During each policy or budget year, no state agency
3403	shall contribute a greater dollar amount of the premium cost for
3404	its officers or employees for any plan option under the state
3405	group insurance program than any other agency for similar
3406	officers and employees, nor shall any greater dollar amount of
3407	premium cost be made for employees in one state collective
3408	bargaining unit than for those in any other state collective
3409	bargaining unit. Nothing in this section prohibits the use of
3410	different levels of state contributions for positions exempt
3411	from the Civil career Service.
3412	Section 74.  Section 110.12312, Florida Statutes, is
3413	transferred, renumbered as section 112.943, Florida Statutes,
3414	and amended to read:
3415	112.943 110.12312  Open enrollment period for retirees.-On
3416	or after July 1, 1997, the Department of Management Services
3417	shall provide for an open enrollment period for retired state
3418	employees who want to obtain health insurance coverage under ss.
3419	112.942 and 112.944 110.123 and 110.12315. The options offered
3420	during the open enrollment period must provide the same health
3421	insurance coverage as the coverage provided to active employees
3422	under the same premium payment conditions in effect for covered
3423	retirees, including eligibility for health insurance subsidy
3424	payments under s. 112.363. A person who separates from
3425	employment subsequent to May 1, 1988, but whose date of
3426	retirement occurs on or after August 1, 1995, is eligible as of
3427	the first open enrollment period occurring after July 1, 1997,
3428	with an effective date of January 1, 1998, as long as the
3429	retiree's enrollment remains in effect.
3430	Section 75.  Section 110.12315, Florida Statutes, is
3431	transferred and renumbered as section 112.944, Florida Statutes.
3432	Section 76.  Section 110.1232, Florida Statutes, is
3433	transferred, renumbered as section 112.945, Florida Statutes,
3434	and amended to read:
3435	112.945 110.1232  Health insurance coverage for persons
3436	retired under state-administered retirement systems before
3437	January 1, 1976, and for spouses.-Notwithstanding any provisions
3438	of law to the contrary, the Department of Management Services
3439	shall provide health insurance coverage under the state group
3440	insurance program for persons who retired before January 1,
3441	1976, under any of the state-administered retirement systems and
3442	who are not covered by social security and for the spouses and
3443	surviving spouses of such retirees who are also not covered by
3444	social security. Such health insurance coverage shall provide
3445	the same benefits as provided to other retirees who are entitled
3446	to participate under s. 112.942 110.123. The claims experience
3447	of this group shall be commingled with the claims experience of
3448	other members covered under s. 112.942 110.123.
3449	Section 77.  Section 110.1234, Florida Statutes, is
3450	transferred and renumbered as section 112.946, Florida Statutes.
3451	Section 78.  Section 110.1238, Florida Statutes, is
3452	transferred and renumbered as section 112.947, Florida Statues.
3453	Section 79.  Section 110.1239, Florida Statutes, is
3454	transferred and renumbered as section 112.948, Florida Statutes.
3455	Section 80.  Section 110.161, Florida Statutes, is
3456	transferred and renumbered as section 112.949, Florida Statutes,
3457	and paragraph (a) of subsection (6) of that section is amended
3458	to read:
3459	112.949 110.161  State employees; pretax benefits program.-
3460	(6)  The Department of Management Services is authorized to
3461	administer the pretax benefits program established for all
3462	employees so that employees may receive benefits that are not
3463	includable in gross income under the Internal Revenue Code of
3464	1986. The pretax benefits program:
3465	(a)  Shall allow employee contributions to premiums for the
3466	state group insurance program administered under s. 112.942
3467	110.123 to be paid on a pretax basis unless an employee elects
3468	not to participate.
3469	Section 81.  Section 112.950, Florida Statutes, is created
3470	to read:
3471	112.950  Penalties.-
3472	(1)  Any person who willfully violates any provision of
3473	this part or any rules adopted pursuant to this part commits a
3474	misdemeanor of the second degree, punishable as provided in s.
3475	775.082 or s. 775.083.
3476	(2)  Notwithstanding s. 112.011, any person who is
3477	convicted of a misdemeanor under this part is ineligible for
3478	appointment to or employment in a state position for 5 years,
3479	or, if an employee of the state, must forfeit his or her
3480	position.
3481	(3)  Imposition of the penalties provided in this section
3482	may not be in lieu of any action that may be taken or penalties
3483	that may be imposed pursuant to part III of this chapter.
3484	Section 82.  The Division of Statutory Revision is
3485	requested to renumber part IV of chapter 110, Florida Statutes,
3486	as part XI of chapter 112, consisting of ss. 112.961-112.965,
3487	Florida Statutes, and to rename that part as "State Volunteer
3488	Services."
3489	Section 83.  Section 110.501, Florida Statutes, is
3490	transferred, renumbered as section 112.961, Florida Statutes,
3491	reordered, and amended to read:
3492	112.961 110.501  Definitions.-As used in this part, the
3493	term act:
3494	(2)(1)  "Volunteer" means any person who, of his or her own
3495	free will, provides goods or services, or conveys an interest in
3496	or otherwise consents to the use of real property pursuant to
3497	chapter 260, to any state department or agency, or nonprofit
3498	organization, with no monetary or material compensation. A
3499	person registered and serving in Older American Volunteer
3500	Programs authorized by the Domestic Volunteer Service Act of
3501	1973, as amended (Pub. L. No. 93-113), shall also be defined as
3502	a volunteer and shall incur no civil liability as provided by s.
3503	768.1355. A volunteer shall be eligible for payment of volunteer
3504	benefits as specified in Pub. L. No. 93-113, this section, and
3505	s. 430.204.
3506	(2)  "Regular-service volunteer" means any person engaged
3507	in specific voluntary service activities on an ongoing or
3508	continuous basis.
3509	(3)  "Occasional-service volunteer" means any person who
3510	offers to provide a one-time or occasional voluntary service.
3511	(1)(4)  "Material donor" means any person who provides
3512	funds, materials, employment, or opportunities for clients of
3513	state departments or agencies, without monetary or material
3514	compensation.
3515	(3)  "State agency" or "agency" means any official,
3516	officer, commission, board, authority, council, committee, or
3517	department of the executive branch or judicial branch of state
3518	government as defined in chapter 216, unless otherwise exempted
3519	by law.
3520	Section 84.  Section 110.502, Florida Statutes, is
3521	transferred, renumbered as section 112.962, Florida Statutes,
3522	and amended to read:
3523	110.962 110.502  Scope of act; status of volunteers.-
3524	(1)  Every state department or state agency may, with the
3525	approval of the agency head, through the head of the department
3526	or agency, secretary of the department, or executive director of
3527	the department, is authorized to recruit, train, and accept,
3528	without regard to the requirements of the Civil State Career
3529	Service System as set forth in part II of
3530	services of volunteers, including regular-service volunteers,
3531	occasional-service volunteers, or material donors, to assist in
3532	programs administered by the department or agency.
3533	(2)  Volunteers recruited, trained, or accepted by a any
3534	state department or agency are shall not be subject to any
3535	provisions of law relating to state employment, a to any
3536	collective bargaining agreement between the state and any
3537	employees' association or union, or to any laws relating to
3538	hours of work, rates of compensation, leave time, and employee
3539	benefits, except those consistent with s. 112.964 110.504.
3540	However, all volunteers shall comply with applicable department
3541	or agency rules. Volunteers may be required by the agency to
3542	submit to security background screenings.
3543	(3)  Every state department or agency using utilizing the
3544	services of volunteers is hereby authorized to provide such
3545	incidental reimbursement or benefit consistent with s. 112.964
3546	the provisions of s. 110.504, including transportation costs,
3547	lodging, and subsistence, identification and safety apparel,
3548	recognition, and other accommodations as the department or
3549	agency deems necessary to assist, recognize, reward, or
3550	encourage volunteers in performing their functions. An No
3551	department or agency may not shall expend or authorize an
3552	expenditure greater than therefor in excess of the amount
3553	provided for to the department or agency by appropriation in any
3554	fiscal year.
3555	(4)  Persons working with state agencies pursuant to this
3556	part are shall be considered as unpaid independent volunteers
3557	and are shall not be entitled to unemployment compensation.
3558	Section 85.  Section 110.503, Florida Statutes, is
3559	transferred, renumbered as section 112.963, Florida Statutes,
3560	and amended to read:
3561	110.963 110.503  Responsibilities of state departments and
3562	agencies.-Each state department or agency using utilizing the
3563	services of volunteers shall take such actions as are:
3564	(1)  Take such actions as are Necessary and appropriate to
3565	develop meaningful opportunities for volunteers involved in
3566	state-administered programs.
3567	(2)  Necessary to ensure that volunteers are provided with
3568	the state agency's policies and procedures applicable to their
3569	volunteer activities. Comply with the uniform rules adopted by
3570	the Department of Management Services governing the recruitment,
3571	screening, training, responsibility, use, and supervision of
3572	volunteers.
3573	(3)  Take such actions as are Necessary to ensure that
3574	volunteers understand their duties and responsibilities.
3575	(4)  Necessary to ensure that a state employee whose
3576	primary employment consists of duties and responsibilities
3577	similar to those associated with volunteer activities is not
3578	considered for volunteer work if such work would require payment
3579	for overtime in accordance with the Fair Labor Standards Act.
3580	(4)  Take such actions as are necessary and appropriate to
3581	ensure a receptive climate for citizen volunteers.
3582	(5)  Provide for the recognition of volunteers who have
3583	offered continuous and outstanding service to state-administered
3584	programs. Each department or agency using the services of
3585	volunteers is authorized to incur expenditures not to exceed
3586	$100 each plus applicable taxes for suitable framed
3587	certificates, plaques, or other tokens of recognition to honor,
3588	reward, or encourage volunteers for their service.
3589	(6)  Recognize prior volunteer service as partial
3590	fulfillment of state employment requirements for training and
3591	experience pursuant to rules adopted by the Department of
3592	Management Services.
3593	Section 86.  Section 110.504, Florida Statutes, is
3594	transferred, renumbered as section 112.964, Florida Statutes,
3595	and amended to read:
3596	112.964 110.504  Volunteer benefits.-
3597	(1)  Meals may be furnished without charge to regular-
3598	service volunteers serving state agencies if departments,
3599	provided the scheduled assignment extends over an established
3600	meal period, and to occasional-service volunteers at the
3601	discretion of the department head. An agency may not No
3602	department shall expend or authorize any expenditure greater
3603	than in excess of the amount provided for by appropriation in
3604	any fiscal year.
3605	(2)  Lodging, if available, may be furnished temporarily,
3606	in case of an agency a department emergency, at no charge to
3607	regular-service volunteers.
3608	(3)  Transportation reimbursement may be furnished to those
3609	volunteers whose presence is determined to be necessary to the
3610	agency department. Volunteers may use utilize state vehicles in
3611	the performance of agency-related department-related duties. An
3612	agency may not No department shall expend or authorize an
3613	expenditure greater than in excess of the amount appropriated in
3614	any fiscal year.
3615	(4)  Volunteers are shall be covered by state liability
3616	protection in accordance with the definition of a volunteer and
3617	the provisions of s. 768.28.
3618	(5)  Volunteers shall be covered by workers' compensation
3619	in accordance with chapter 440.
3620	(6)  Incidental recognition benefits or incidental
3621	nonmonetary awards may be furnished to volunteers serving in
3622	state agencies departments to award, recognize, or encourage
3623	volunteers for their service. The awards may not cost more than
3624	in excess of $100 each plus applicable taxes.
3625	(7)  Volunteers, including volunteers receiving a stipend
3626	as provided by the Domestic Service Volunteer Act of 1973, as
3627	amended, (Pub. L. No. 93-113), are shall be covered by s.
3628	768.1355, the Florida Volunteer Protection Act.
3629	Section 87.  Section 112.965, Florida Statutes, is created
3630	to read:
3631	112.965  Penalties.-
3632	(1)  Any person who willfully violates any provision of
3633	this part or any rules adopted pursuant to this part commits a
3634	misdemeanor of the second degree, punishable as provided in s.
3635	775.082 or s. 775.083.
3636	(2)  Notwithstanding s. 112.011, any person who is
3637	convicted of a misdemeanor under this part is ineligible for
3638	appointment to or employment in a state position for 5 years,
3639	or, if an employee of the state, must forfeit his or her
3640	position.
3641	(3)  Imposition of the penalties provided in this section
3642	may not be in lieu of any action that may be taken or penalties
3643	that may be imposed pursuant to part III of this chapter.
3644	Section 88.  Sections 110.115, 110.118, 110.124, 110.129,
3645	110.1521, 110.1522, 110.1523, 110.201, 110.2035, 110.21,
3646	110.221, 110.406, 110.603, 110.604, and 110.606, Florida
3647	Statutes, are repealed.
3648	Section 89.  Paragraph (b) of subsection (1) of section
3649	11.13, Florida Statutes, is amended to read:
3650	11.13  Compensation of members.-
3651	(1)
3652	(b)  On Effective July 1, 1986, and each July 1 of each
3653	year thereafter, the annual salaries of members of the Senate
3654	and House of Representatives shall be adjusted by the average
3655	percentage increase in the salaries of civil state career
3656	service employees for the fiscal year just concluded. The
3657	Appropriations Committee of each house shall certify to the
3658	Office of Legislative Services the average percentage increase
3659	in the salaries of civil state career service employees before
3660	July 1 of each year. The Office of Legislative Services shall,
3661	as of July 1 of each year, determine the adjusted annual
3662	salaries as provided in this paragraph herein.
3663	Section 90.  Paragraph (c) of subsection (1) of section
3664	20.055, Florida Statutes, is amended to read:
3665	20.055  Agency inspectors general.-
3666	(1)  For the purposes of this section:
3667	(c)  "Individuals substantially affected" means natural
3668	persons who have established a real and sufficiently immediate
3669	injury in fact due to the findings, conclusions, or
3670	recommendations of a final report of a state agency inspector
3671	general, who are the subject of the audit or investigation, and
3672	who do not have or are not currently afforded an existing right
3673	to an independent review process. The term does not include:
3674	1.  Employees of the state, including civil career service,
3675	probationary, other personal service, selected exempt service,
3676	and senior management service employees, are not covered by this
3677	definition. This definition also does not cover
3678	2.  Former employees of the state if the final report of
3679	the state agency inspector general relates to matters arising
3680	during a former employee's term of state employment. This
3681	definition does not apply to
3682	3.  Persons who are the subject of audits or investigations
3683	conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or
3684	which are otherwise confidential and exempt under s. 119.07.
3685	Section 91.  Subsection (6) of section 20.21, Florida
3686	Statutes, is amended to read:
3687	20.21  Department of Revenue.-There is created a Department
3688	of Revenue.
3689	(6)  Notwithstanding s. 112.942 the provisions of s.
3690	110.123, relating to the state group insurance program, the
3691	department may pay, or participate in the payment of, premiums
3692	for health, accident, and life insurance for its full-time out-
3693	of-state employees, pursuant to such rules as it may adopt,
3694	which and such payments are shall be in addition to the
3695	employees' the regular salaries of such full-time out-of-state
3696	employees.
3697	Section 92.  Paragraph (e) of subsection (1) and subsection
3698	(6) of section 20.23, Florida Statutes, as amended by chapter
3699	2009-271, Laws of Florida, are amended to read:
3700	20.23  Department of Transportation.-There is created a
3701	Department of Transportation which shall be a decentralized
3702	agency.
3703	(1)
3704	(e)  The Any secretary appointed after July 5, 1989, and
3705	the assistant secretaries are shall be exempt from part IV the
3706	provisions of part III of chapter 110 and shall receive
3707	compensation commensurate with their qualifications and
3708	competitive with compensation for comparable responsibility in
3709	the private sector.
3710	(6)  Notwithstanding the provisions of s. 110.205, the
3711	Department of Management Services may is authorized to exempt
3712	positions within the Department of Transportation which are
3713	comparable to positions within the Senior Management Service
3714	pursuant to s. 110.205(2)(g) 110.205(2)(j) or positions that
3715	which are comparable to positions in the Selected Exempt Service
3716	under s. 110.205(2)(i) 110.205(2)(m).
3717	Section 93.  Subsection (2) of section 20.255, Florida
3718	Statutes, is amended to read:
3719	20.255  Department of Environmental Protection.-There is
3720	created a Department of Environmental Protection.
3721	(2)(a)  There shall be three deputy secretaries who are to
3722	be appointed by and shall serve at the pleasure of the
3723	secretary. The secretary may assign any deputy secretary the
3724	responsibility to supervise, coordinate, and formulate policy
3725	for any division, office, or district. The following special
3726	offices are established and headed by managers, each of whom is
3727	to be appointed by and serve at the pleasure of the secretary:
3728	1.  Office of Chief of Staff;
3729	2.  Office of General Counsel;
3730	3.  Office of Inspector General;
3731	4.  Office of External Affairs;
3732	5.  Office of Legislative Affairs;
3733	6.  Office of Intergovernmental Programs; and
3734	7.  Office of Greenways and Trails.
3735	(b)  There shall be six administrative districts involved
3736	in regulatory matters of waste management, water resource
3737	management, wetlands, and air resources, which shall be headed
3738	by managers, each of whom is to be appointed by and serve at the
3739	pleasure of the secretary. Divisions of the department may have
3740	one assistant or two deputy division directors, as required to
3741	facilitate effective operation.
3742
3743	The managers of all divisions and offices specifically named in
3744	this section and the directors of the six administrative
3745	districts are exempt from part II of chapter 110 and are
3746	included in the Senior Management Service in accordance with s.
3747	110.205(2)(g) 110.205(2)(j).
3748	Section 94.  Paragraph (d) of subsection (19) of section
3749	24.105, Florida Statutes, is amended to read:
3750	24.105  Powers and duties of department.-The department
3751	shall:
3752	(19)  Employ division directors and other staff as may be
3753	necessary to carry out the provisions of this act; however:
3754	(d)  The department shall establish and maintain a
3755	personnel program for its employees, including a personnel
3756	classification and pay plan that which may provide any or all of
3757	the benefits provided in the Senior Management Service or
3758	Selected Exempt Service. Each officer or employee of the
3759	department is shall be a member of the Florida Retirement
3760	System. The retirement class of each officer or employee is
3761	shall be the same as other persons performing comparable
3762	functions for other agencies. Employees of the department shall
3763	serve at the pleasure of the secretary and are shall be subject
3764	to suspension, dismissal, reduction in pay, demotion, transfer,
3765	or other personnel action at the discretion of the secretary.
3766	Such personnel actions are exempt from the provisions of chapter
3767	120. All employees of the department are exempt from the Civil
3768	Career Service System provided in chapter 110 and,
3769	notwithstanding the provisions of s. 110.205(3) 110.205(5), are
3770	not included in either the Senior Management Service or the
3771	Selected Exempt Service. However, all employees of the
3772	department are subject to all standards of conduct adopted by
3773	rule for civil career service and senior management employees
3774	pursuant to chapter 110. In the event of a conflict between
3775	standards of conduct applicable to employees of the Department
3776	of the Lottery, the more restrictive standard applies shall
3777	apply. Interpretations as to the more restrictive standard may
3778	be provided by the Commission on Ethics upon request of an
3779	advisory opinion pursuant to s. 112.322(3)(a), and for purposes
3780	of this subsection, the opinion shall be considered final
3781	action.
3782	Section 95.  Paragraph (d) of subsection (4) of section
3783	24.122, Florida Statutes, is amended to read:
3784	24.122  Exemption from taxation; state preemption;
3785	inapplicability of other laws.-
3786	(4)  Any state or local law providing any penalty,
3787	disability, restriction, or prohibition for the possession,
3788	manufacture, transportation, distribution, advertising, or sale
3789	of any lottery ticket, including chapter 849, shall not apply to
3790	the tickets of the state lottery operated pursuant to this act;
3791	nor shall any such law apply to the possession of a ticket
3792	issued by any other government-operated lottery. In addition,
3793	activities of the department under this act are exempt from the
3794	provisions of:
3795	(d)  Section 112.907 110.131, relating to other personal
3796	services.
3797	Section 96.  Paragraph (b) of subsection (1) of section
3798	30.071, Florida Statutes, is amended to read:
3799	30.071  Applicability and scope of act.-
3800	(1)  This act applies to all deputy sheriffs, with the
3801	following exceptions:
3802	(b)  Deputy sheriffs in a county that, by special act of
3803	the Legislature, local charter, ordinance, or otherwise, has
3804	established a civil or career service system that which grants
3805	collective bargaining rights for deputy sheriffs, including, but
3806	not limited to, deputy sheriffs in the following counties:
3807	Broward, Miami-Dade, Duval, Escambia, and Volusia.
3808	Section 97.  Subsection (4) of section 43.16, Florida
3809	Statutes, is amended to read:
3810	43.16  Justice Administrative Commission; membership,
3811	powers and duties.-
3812	(4)(a)  The Justice Administrative Commission shall employ
3813	an executive director and fix his or her salary. The executive
3814	director shall employ any necessary personnel for the efficient
3815	performance of the commission according to a classification and
3816	pay plan annually approved by the commission.
3817	(b)  Pursuant to s. 110.205(2)(r), all employees of or
3818	within the commission are exempt from the Civil Career Service
3819	System provided in chapter 110 and, notwithstanding s.
3820	110.205(3) 110.205(5), are not included in the Senior Management
3821	Service or the Selected Exempt Service. The commission shall
3822	annually approve a classification plan and salary and benefits
3823	plan.
3824	(c)  Employees in permanent positions must be offered
3825	benefits comparable to those offered under the Civil Career
3826	Service System.
3827	(d)  The commission may offer benefits greater than in
3828	excess of those offered under the Civil Career Service System
3829	only to employees who are appointed to positions designated as
3830	having managerial or policymaking duties or positions requiring
3831	membership in The Florida Bar.
3832	(e)  By January 15th of each year, the commission shall
3833	submit to the Executive Office of the Governor, the President of
3834	the Senate, and the Speaker of the House of Representatives a
3835	listing of all positions receiving benefits greater than those
3836	benefits offered under the Civil Career Service System. Any
3837	change in the positions that are offered greater benefits or any
3838	change in the level of benefits is subject to the notice and
3839	objection procedures of s. 216.177.
3840	Section 98.  Subsection (4) of section 104.31, Florida
3841	Statutes, is amended to read:
3842	104.31  Political activities of state, county, and
3843	municipal officers and employees.-
3844	(4)  Nothing contained in this section or in any county or
3845	municipal charter shall be deemed to prohibit any public
3846	employee from expressing his or her opinions on any candidate or
3847	issue or from participating in any political campaign during the
3848	employee's off-duty hours, so long as such activities are not in
3849	conflict with the provisions of subsection (1) or s. 110.1075
3850	110.233.
3851	Section 99.  Subsection (4) of section 106.24, Florida
3852	Statutes, is amended to read:
3853	106.24  Florida Elections Commission; membership; powers;
3854	duties.-
3855	(4)  The commission shall appoint an executive director,
3856	who shall serve under the direction, supervision, and control of
3857	the commission. The executive director, with the consent of the
3858	commission, shall employ such staff as are necessary to
3859	adequately perform the functions of the commission, within
3860	budgetary limitations. All employees, except the executive
3861	director and attorneys, are subject to part II of chapter 110.
3862	The executive director shall serve at the pleasure of the
3863	commission and is be subject to part IV III of chapter 110,
3864	except that the commission shall have complete authority for
3865	setting the executive director's salary. Attorneys employed by
3866	the commission are shall be subject to part III V of chapter
3867	110.
3868	Section 100.  Subsection (4) of section 112.044, Florida
3869	Statutes, is amended to read:
3870	112.044  Public employers, employment agencies, labor
3871	organizations; discrimination based on age prohibited;
3872	exceptions; remedy.-
3873	(4)  APPEAL; CIVIL SUIT AUTHORIZED.-Any employee of the
3874	state who is within the Civil Career Service System established
3875	by chapter 110 and who is aggrieved by a violation of this act
3876	may appeal to the Public Employees Relations Commission under
3877	the conditions and following the procedures prescribed in part
3878	II of chapter 447. Any person other than an employee who is
3879	within the Civil Career Service System established by chapter
3880	110, or any person employed by the Public Employees Relations
3881	Commission, who is aggrieved by a violation of this act may
3882	bring a civil action in any court of competent jurisdiction for
3883	such legal or equitable relief as will effectuate the purposes
3884	of this act.
3885	Section 101.  Section 112.0805, Florida Statutes, is
3886	amended to read:
3887	112.0805  Employer notice of insurance eligibility to
3888	employees who retire.-An Any employer who provides insurance
3889	coverage under s.112.942 110.123 or s. 112.0801 shall notify
3890	those employees who retire of their eligibility to participate
3891	in either the same group insurance plan or self-insurance plan
3892	as provided in ss. 112.942 110.123 and 112.0801, or the
3893	insurance coverage as provided by this law.
3894	Section 102.  Paragraph (a) of subsection (9) of section
3895	112.313, Florida Statutes, is amended to read:
3896	112.313  Standards of conduct for public officers,
3897	employees of agencies, and local government attorneys.-
3898	(9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
3899	LEGISLATORS AND LEGISLATIVE EMPLOYEES.-
3900	(a)1.  It is the intent of the Legislature to implement by
3901	statute the provisions of s. 8(e), Art. II of the State
3902	Constitution relating to legislators, statewide elected
3903	officers, appointed state officers, and designated public
3904	employees.
3905	2.  As used in this paragraph:
3906	a.  "Employee" means:
3907	(I)  Any person employed in the executive or legislative
3908	branch of government holding a position in the Senior Management
3909	Service as defined in s. 110.402 or any person holding a
3910	position in the Selected Exempt Service as defined in s.
3911	110.3021 110.602 or any person having authority over policy or
3912	procurement employed by the Department of the Lottery.
3913	(II)  The Auditor General, the director of the Office of
3914	Program Policy Analysis and Government Accountability, the
3915	Sergeant at Arms and Secretary of the Senate, and the Sergeant
3916	at Arms and Clerk of the House of Representatives.
3917	(III)  The executive director of the Legislative Committee
3918	on Intergovernmental Relations and the executive director and
3919	deputy executive director of the Commission on Ethics.
3920	(IV)  An executive director, staff director, or deputy
3921	staff director of each joint committee, standing committee, or
3922	select committee of the Legislature; an executive director,
3923	staff director, executive assistant, analyst, or attorney of the
3924	Office of the President of the Senate, the Office of the Speaker
3925	of the House of Representatives, the Senate Majority Party
3926	Office, Senate Minority Party Office, House Majority Party
3927	Office, or House Minority Party Office; or any person, hired on
3928	a contractual basis, having the power normally conferred upon
3929	such persons, by whatever title.
3930	(V)  The Chancellor and Vice Chancellors of the State
3931	University System; the general counsel to the Board of Governors
3932	of the State University System; and the president, provost, vice
3933	presidents, and deans of each state university.
3934	(VI)  Any person, including an other-personal-services
3935	employee, having the power normally conferred upon the positions
3936	referenced in this sub-subparagraph.
3937	b.  "Appointed state officer" means any member of an
3938	appointive board, commission, committee, council, or authority
3939	of the executive or legislative branch of state government whose
3940	powers, jurisdiction, and authority are not solely advisory and
3941	include the final determination or adjudication of any personal
3942	or property rights, duties, or obligations, other than those
3943	relative to its internal operations.
3944	c.  "State agency" means an entity of the legislative,
3945	executive, or judicial branch of state government over which the
3946	Legislature exercises plenary budgetary and statutory control.
3947	3.  A No member of the Legislature, appointed state
3948	officer, or statewide elected officer may not shall personally
3949	represent another person or entity for compensation before the
3950	government body or agency of which the individual was an officer
3951	or member for a period of 2 years following vacation of office.
3952	A No member of the Legislature may not shall personally
3953	represent another person or entity for compensation during his
3954	or her term of office before any state agency other than
3955	judicial tribunals or in settlement negotiations after the
3956	filing of a lawsuit.
3957	4.  An agency employee, including an agency employee who
3958	was employed on July 1, 2001, in a civil Career service System
3959	position that was transferred to the Selected Exempt Service
3960	System under chapter 2001-43, Laws of Florida, may not
3961	personally represent another person or entity for compensation
3962	before the agency with which he or she was employed for a period
3963	of 2 years following vacation of position, unless employed by
3964	another agency of state government.
3965	5.  Any person violating this paragraph is shall be subject
3966	to the penalties provided in s. 112.317 and a civil penalty of
3967	an amount equal to the compensation that which the person
3968	receives for the prohibited conduct.
3969	6.  This paragraph is not applicable to:
3970	a.  A person employed by the Legislature or other agency
3971	before prior to July 1, 1989;
3972	b.  A person who was employed by the Legislature or other
3973	agency on July 1, 1989, whether or not the person was a defined
3974	employee on July 1, 1989;
3975	c.  A person who was a defined employee of the State
3976	University System or the Public Service Commission who held such
3977	employment on December 31, 1994;
3978	d.  A person who has reached normal retirement age as
3979	defined in s. 121.021(29), and who has retired under the
3980	provisions of chapter 121 by July 1, 1991; or
3981	e.  Any appointed state officer whose term of office began
3982	before January 1, 1995, unless reappointed to that office on or
3983	after January 1, 1995.
3984	Section 103.  Paragraph (b) of subsection (1) of section
3985	112.3145, Florida Statutes, is amended to read:
3986	112.3145  Disclosure of financial interests and clients
3987	represented before agencies.-
3988	(1)  For purposes of this section, unless the context
3989	otherwise requires, the term:
3990	(b)  "Specified state employee" means:
3991	1.  Public counsel created by chapter 350, an assistant
3992	state attorney, an assistant public defender, a full-time state
3993	employee who serves as counsel or assistant counsel to any state
3994	agency, the Deputy Chief Judge of Compensation Claims, a judge
3995	of compensation claims, an administrative law judge, or a
3996	hearing officer.
3997	2.  Any person employed in the office of the Governor or in
3998	the office of any member of the Cabinet if that person is exempt
3999	from the Civil Career Service System, except persons employed in
4000	clerical, secretarial, or similar positions.
4001	3.  The State Surgeon General or each appointed secretary,
4002	assistant secretary, deputy secretary, executive director,
4003	assistant executive director, or deputy executive director of
4004	each state department, commission, board, or council; unless
4005	otherwise provided, the division director, assistant division
4006	director, deputy director, bureau chief, and assistant bureau
4007	chief of any state department or division; or any person having
4008	the power normally conferred upon such persons, by whatever
4009	title.
4010	4.  The superintendent or institute director of a state
4011	mental health institute established for training and research in
4012	the mental health field or the warden or director of any major
4013	state institution or facility established for corrections,
4014	training, treatment, or rehabilitation.
4015	5.  Business managers, purchasing agents having the power
4016	to make any purchase exceeding the threshold amount provided for
4017	in s. 287.017 for CATEGORY ONE, finance and accounting
4018	directors, personnel officers, or grants coordinators for any
4019	state agency.
4020	6.  Any person, other than a legislative assistant exempted
4021	by the presiding officer of the house that employs by which the
4022	legislative assistant is employed, who is employed in the
4023	legislative branch of government, except persons employed in
4024	maintenance, clerical, secretarial, or similar positions.
4025	7.  Each employee of the Commission on Ethics.
4026	Section 104.  Paragraph (a) of subsection (2) of section
4027	112.363, Florida Statutes, is amended to read:
4028	112.363  Retiree health insurance subsidy.-
4029	(2)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.-
4030	(a)  A person who is retired under a state-administered
4031	retirement system, or a beneficiary who is a spouse or financial
4032	dependent entitled to receive benefits under a state-
4033	administered retirement system, is eligible for health insurance
4034	subsidy payments provided under this section; except that
4035	pension recipients under ss. 121.40, 238.07(18)(a), and 250.22,
4036	recipients of health insurance coverage under s. 112.945
4037	110.1232, or any other special pension or relief act are shall
4038	not be eligible for such payments.
4039	Section 105.  Subsections (11) and (38) of section 121.021,
4040	Florida Statutes, are amended to read:
4041	121.021  Definitions.-The following words and phrases as
4042	used in this chapter have the respective meanings set forth
4043	unless a different meaning is plainly required by the context:
4044	(11)  "Officer or employee" means any person receiving
4045	salary payments for work performed in a regularly established
4046	position and, if employed by a municipality, a metropolitan
4047	planning organization, or a special district, employed in a
4048	covered group. The term does not apply to state employees
4049	covered by a leasing agreement under s. 112.919 110.191, other
4050	public employees covered by a leasing agreement, or a coemployer
4051	relationship.
4052	(38)  "Continuous service" means creditable service as a
4053	member, beginning with the first day of employment with an
4054	employer covered under a state-administered retirement system
4055	consolidated herein and continuing for as long as the member
4056	remains in an employer-employee relationship with the an
4057	employer covered under this chapter. An absence of 1 calendar
4058	month or more from an employer's payroll is shall be considered
4059	a break in continuous service, except for periods of absence
4060	during which an employer-employee relationship continues to
4061	exist and such period of absence is creditable under this
4062	chapter or under one of the existing systems consolidated
4063	herein. However, a law enforcement officer as defined in s.
4064	121.0515(2)(a) who was a member of a state-administered
4065	retirement system under chapter 122 or chapter 321 and who
4066	resigned and was subsequently reemployed in a law enforcement
4067	position within 12 calendar months of such resignation by an
4068	employer under a such state-administered retirement system is
4069	shall be deemed not to have not experienced a break in service.
4070	Further, with respect to a state-employed law enforcement
4071	officer who meets the criteria specified in s. 121.0515(2)(a),
4072	if the absence from the employer's payroll is the result of a
4073	"layoff" as defined in s. 110.1054 110.107 or a resignation to
4074	run for an elected office that meets the criteria specified in
4075	s. 121.0515(2)(a), no break in continuous service shall be
4076	deemed to have occurred if the member is reemployed as a state
4077	law enforcement officer or is elected to an office that which
4078	meets the criteria specified in s. 121.0515(2)(a) within 12
4079	calendar months after the date of the layoff or resignation,
4080	notwithstanding the fact that such period of layoff or
4081	resignation is not creditable service under this chapter. A
4082	withdrawal of contributions constitutes will constitute a break
4083	in service. Continuous service also includes past service
4084	purchased under this chapter if, provided such service is
4085	continuous within this definition and the rules established by
4086	the administrator. The administrator may establish
4087	administrative rules and procedures for applying this definition
4088	to creditable service authorized under this chapter. Any
4089	correctional officer, as defined in s. 943.10, whose
4090	participation in the state-administered retirement system is
4091	terminated due to the transfer of a county detention facility
4092	through a contractual agreement with a private entity pursuant
4093	to s. 951.062, is shall be deemed an employee with continuous
4094	service in the Special Risk Class if, provided return to
4095	employment with the former employer takes place within 3 years
4096	due to contract termination or the officer is employed by a
4097	covered employer in a special risk position within 1 year after
4098	his or her initial termination of employment by such transfer of
4099	its detention facilities to the private entity.
4100	Section 106.  Paragraph (f) of subsection (2) of section
4101	121.051, Florida Statutes, is amended to read:
4102	121.051  Participation in the system.-
4103	(2)  OPTIONAL PARTICIPATION.-
4104	(f)1.  If an employer that participates in the Florida
4105	Retirement System undertakes the transfer, merger, or
4106	consolidation of governmental services or assumes the functions
4107	and activities of an employing governmental entity that was not
4108	an employer under the system, the employer must notify the
4109	department at least 60 days before such action and provide
4110	documentation as required by the department. Such The transfer,
4111	merger, or consolidation of governmental services or assumption
4112	of governmental functions and activities must occur between
4113	public employers. The current or former employer may pay the
4114	employees' past service cost, unless prohibited under this
4115	chapter. This subparagraph does not apply to the transfer,
4116	merger, or consolidation of governmental services or assumption
4117	of functions and activities of a public entity under a leasing
4118	agreement having a coemployer relationship. Employers and
4119	employees of a public governmental employer whose service is
4120	covered by a leasing agreement under s. 112.919 110.191, any
4121	other leasing agreement, or a coemployer relationship may not
4122	are not eligible to participate in the Florida Retirement
4123	System.
4124	2.  If the agency to which a member's employing unit is
4125	transferred, merged, or consolidated does not participate in the
4126	Florida Retirement System, a member may elect in writing to
4127	remain in the Florida Retirement system or to transfer to the
4128	local retirement system operated by the agency. If the agency
4129	does not participate in a local retirement system, the member
4130	shall continue membership in the Florida Retirement System. In
4131	either case, membership continues for as long as the member is
4132	employed by the agency to which his or her unit was transferred,
4133	merged, or consolidated.
4134	Section 107.  Paragraph (a) of subsection (1) of section
4135	121.055, Florida Statutes, is amended to read:
4136	121.055  Senior Management Service Class.-There is hereby
4137	established a separate class of membership within the Florida
4138	Retirement System to be known as the "Senior Management Service
4139	Class.," which shall become effective February 1, 1987.
4140	(1)(a)  Participation in the Senior Management Service
4141	Class is shall be limited to and compulsory for any member of
4142	the Florida Retirement System who holds a position in the Senior
4143	Management Service of the State of Florida, established under by
4144	part IV III of chapter 110, unless such member elects, within
4145	the time specified herein, to participate in the Senior
4146	Management Service Optional Annuity Program as established in
4147	subsection (6).
4148	Section 108.  Paragraph (a) of subsection (2) of section
4149	121.35, Florida Statutes, is amended to read:
4150	121.35  Optional retirement program for the State
4151	University System.-
4152	(2)  ELIGIBILITY FOR PARTICIPATION IN OPTIONAL PROGRAM.-
4153	(a)  Participation in the optional retirement program is
4154	provided by this section shall be limited to persons who are
4155	otherwise eligible for membership or renewed membership in the
4156	Florida Retirement System and who are employed in one of the
4157	following State University System positions:
4158	1.  Positions classified as instructional and research
4159	faculty which are exempt from the Civil career Service under the
4160	provisions of s. 110.205(2)(d).
4161	2.  Positions classified as administrative and professional
4162	which are exempt from the Civil career Service under the
4163	provisions of s. 110.205(2)(d).
4164	3.  The Chancellor and the university presidents.
4165	Section 109.  Section 145.19, Florida Statutes, is amended
4166	to read:
4167	145.19  Annual percentage increases based on increase for
4168	civil state career service employees; limitation.-
4169	(1)  As used in this section, the term:
4170	(a)  "Annual factor" means 1 plus the lesser of:
4171	1.  The average percentage increase in the salaries of
4172	civil state career service employees for the current fiscal year
4173	as determined by the Department of Management Services or as
4174	provided in the General Appropriations Act; or
4175	2.  Seven percent.
4176	(b)  "Cumulative annual factor" means the product of all
4177	annual factors certified under this act before prior to the
4178	fiscal year for which salaries are being calculated.
4179	(c)  "Initial factor" means a factor of 1.292, which is a
4180	product, rounded to the nearest thousandth, of an earlier cost-
4181	of-living increase factor authorized by chapter 73-173, Laws of
4182	Florida, and intended by the Legislature to be preserved in
4183	adjustments to salaries made before the prior to enactment of
4184	chapter 76-80, Laws of Florida, multiplied by the annual
4185	increase factor authorized by chapter 79-327, Laws of Florida.
4186	(2)  Each fiscal year, the salaries of all officials listed
4187	in this chapter, s. 1001.395, and s. 1001.47 shall be adjusted.
4188	The adjusted salary rate is shall be the product, rounded to the
4189	nearest dollar, of the salary rate granted by the appropriate
4190	section of this chapter, s. 1001.395, or s. 1001.47 multiplied
4191	first by the initial factor, then by the cumulative annual
4192	factor, and finally by the annual factor. The Department of
4193	Management Services shall certify the annual factor and the
4194	cumulative annual factors. Any special qualification salary
4195	received under this chapter, s. 1001.47, or the annual
4196	performance salary incentive available to elected
4197	superintendents under s. 1001.47 shall be added to the such
4198	adjusted salary rate. The special qualification salary is shall
4199	be $2,000, but shall not exceed $2,000.
4200	Section 110.  Subsection (2) of section 216.011, Florida
4201	Statutes, is amended to read:
4202	216.011  Definitions.-
4203	(2)  For purposes of this chapter, terms related to the
4204	State Personnel System are personnel affairs of the state shall
4205	be defined as set forth in s. 110.1054 110.107.
4206	Section 111.  Paragraph (b) of subsection (10) of section
4207	216.181, Florida Statutes, is amended to read:
4208	216.181  Approved budgets for operations and fixed capital
4209	outlay.-
4210	(10)
4211	(b)  Lump-sum salary bonuses may be provided only if
4212	specifically appropriated or provided pursuant to s. 110.1245 or
4213	s. 216.1815.
4214	Section 112.  Subsection (2) of section 260.0125, Florida
4215	Statutes, is amended to read:
4216	260.0125  Limitation on liability of private landowners
4217	whose property is designated as part of the statewide system of
4218	greenways and trails.-
4219	(2)  Any private landowner who consents to designation of
4220	his or her land as part of the statewide system of greenways and
4221	trails pursuant to s. 260.016(2)(d) without compensation shall
4222	be considered a volunteer, as defined in s. 112.961 110.501, and
4223	shall be covered by state liability protection pursuant to s.
4224	768.28, including s. 768.28(9).
4225	Section 113.  Section 287.175, Florida Statutes, is amended
4226	to read:
4227	287.175  Penalties.-A violation of this part or a rule
4228	adopted hereunder, pursuant to applicable constitutional and
4229	statutory procedures, constitutes misuse of public position as
4230	defined in s. 112.313(6), and is punishable as provided in s.
4231	112.317. The Chief Financial Officer shall report incidents of
4232	suspected misuse to the Commission on Ethics, and the commission
4233	shall investigate possible violations of this part or rules
4234	adopted hereunder when reported by the Chief Financial Officer,
4235	notwithstanding the provisions of s. 112.324. Any violation of
4236	this part or a rule is adopted hereunder shall be presumed to
4237	have been committed with wrongful intent, but such presumption
4238	is rebuttable. Nothing in This section is not intended to deny
4239	rights provided to civil career service employees by s. 110.227.
4240	Section 114.  Paragraph (a) of subsection (4) of section
4241	295.07, Florida Statutes, is amended to read:
4242	295.07  Preference in appointment and retention.-
4243	(4)  The following positions are exempt from this section:
4244	(a)  Those positions that are exempt from the Civil state
4245	Career Service System under s. 110.205.(2); However, all
4246	positions under the University Support Personnel System of the
4247	State University System as well as all civil Career service
4248	System positions under the Florida Community College System and
4249	the School for the Deaf and the Blind, or the equivalent of such
4250	positions at state universities, community colleges, or the
4251	School for the Deaf and the Blind, are included.
4252	Section 115.  Paragraph (a) of subsection (1) of section
4253	295.09, Florida Statutes, is amended to read:
4254	295.09  Reinstatement or reemployment; promotion
4255	preference.-
4256	(1)(a)  If When an employee of the state or any of its
4257	political subdivisions employed in a position subject or not
4258	subject to a civil career service system or other merit-type
4259	system, with the exception of those positions that which are
4260	exempt pursuant to s. 295.07(4), has served in the Armed Forces
4261	of the United States and is discharged or separated therefrom
4262	with an honorable discharge, the state or its political
4263	subdivision shall reemploy or reinstate such person to the same
4264	position that he or she held before prior to such service in the
4265	armed forces, or to an equivalent position, if provided such
4266	person returns to the position within 1 year of his or her date
4267	of separation or, in cases of extended active duty, within 1
4268	year of the date of discharge or separation subsequent to the
4269	extension. Such person shall also be awarded preference in
4270	promotion and shall be promoted ahead of all others who are as
4271	well qualified or less qualified for the position. If When an
4272	examination for promotion is used utilized, such person shall be
4273	awarded preference points, as provided in s. 295.08, and shall
4274	be promoted ahead of all those who appear in an equal or lesser
4275	position on the promotional register, provided he or she first
4276	successfully passes the examination for the promotional
4277	position.
4278	Section 116.  Subsection (3) of section 296.04, Florida
4279	Statutes, is amended to read:
4280	296.04  Administrator; duties and qualifications;
4281	responsibilities.-
4282	(3)  The administrator position shall be assigned to the
4283	Selected Exempt Service under part III V of chapter 110. The
4284	director shall give veterans' preference in selecting an
4285	administrator, as provided in ss. 295.07 and 295.085. In
4286	addition, the administrator must have at least a 4-year degree
4287	from an accredited university or college and 3 years of
4288	administrative experience in a health care facility, or any
4289	equivalent combination of experience, training, and education
4290	totaling 7 years in work relating to administration of a health
4291	care facility.
4292	Section 117.  Subsection (2) of section 296.34, Florida
4293	Statutes, is amended to read:
4294	296.34  Administrator; qualifications, duties, and
4295	responsibilities.-
4296	(2)  The position shall be assigned to the Selected Exempt
4297	Service under part III V of chapter 110. The director shall give
4298	veterans preference in selecting an administrator, as provided
4299	in ss. 295.07 and 295.085. The administrator, at the time of
4300	entering employment and at all times while employed as the
4301	administrator must hold a current valid license as a nursing
4302	home administrator under part II of chapter 468.
4303	Section 118.  Subsection (2) of section 381.00315, Florida
4304	Statutes, is amended to read:
4305	381.00315  Public health advisories; public health
4306	emergencies.-The State Health Officer is responsible for
4307	declaring public health emergencies and issuing public health
4308	advisories.
4309	(2)  Individuals who assist the State Health Officer at his
4310	or her request on a volunteer basis during a public health
4311	emergency are entitled to the benefits specified in s.
4312	112.964(2)-(5) 110.504(2), (3), (4), and (5).
4313	Section 119.  Paragraph (e) of subsection (3) of section
4314	381.85, Florida Statutes, is amended to read:
4315	381.85  Biomedical and social research.-
4316	(3)  REVIEW COUNCIL FOR BIOMEDICAL AND SOCIAL RESEARCH.-
4317	(e)  The council shall be staffed by an executive director
4318	and a secretary who shall be appointed by the council and who
4319	are shall be exempt from the provisions of part II of chapter
4320	110 relating to the Civil Career Service System.
4321	Section 120.  Paragraph (a) of subsection (3) of section
4322	394.47865, Florida Statutes, is amended to read:
4323	394.47865  South Florida State Hospital; privatization.-
4324	(3)(a)  Current South Florida State Hospital employees who
4325	are affected by the privatization shall be given first
4326	preference for continued employment by the contractor. The
4327	department shall make reasonable efforts to find suitable job
4328	placements for employees who wish to remain within the state
4329	Civil Career Service System.
4330	Section 121.  Section 402.3057, Florida Statutes, is
4331	amended to read:
4332	402.3057  Persons not required to be refingerprinted or
4333	rescreened.-Notwithstanding any other provision of law to the
4334	contrary notwithstanding, human resource personnel who have been
4335	fingerprinted or screened pursuant to chapters 393, 394, 397,
4336	402, and 409, and teachers and noninstructional personnel who
4337	have been fingerprinted pursuant to chapter 1012, who have not
4338	been unemployed for more than 90 days thereafter, and who under
4339	the penalty of perjury attest to the completion of such
4340	fingerprinting or screening and to compliance with the
4341	provisions of this section and the standards for good moral
4342	character as contained in such provisions as ss. 110.1127(3),
4343	393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6),
4344	are shall not be required to be refingerprinted or rescreened in
4345	order to comply with any caretaker screening or fingerprinting
4346	requirements.
4347	Section 122.  Paragraph (a) of subsection (2) of section
4348	402.55, Florida Statutes, is amended to read:
4349	402.55  Management fellows program.-
4350	(2)  The departments are authorized to establish a
4351	management fellows program in order to provide highly qualified
4352	career candidates for key administrative and managerial
4353	positions in the departments. Such program shall include, but is
4354	not limited to:
4355	(a)  The identification annually by the secretaries, the
4356	assistant secretaries, and the district administrator in each
4357	district of one high-potential civil career service employee
4358	each, to be designated and appointed to serve as a full-time
4359	health and rehabilitative services management fellow for a
4360	period of 1 year.
4361	Section 123.  Subsection (4) of section 402.7305, Florida
4362	Statutes, is amended to read:
4363	402.7305  Department of Children and Family Services;
4364	procurement of contractual services; contract management.-
4365	(4)  CONTRACT MONITORING REQUIREMENTS AND PROCESS.-The
4366	department shall establish contract monitoring units staffed by
4367	civil career service employees who report to a member of the
4368	Selected Exempt Service or Senior Management Service and who
4369	have been properly trained to perform contract monitoring, with
4370	at least one member of the contract monitoring unit possessing
4371	specific knowledge and experience in the contract's program
4372	area. The department shall establish a contract monitoring
4373	process that includes must include, but need not be limited to,
4374	the following requirements:
4375	(a)  Performing a risk assessment at the start of each
4376	fiscal year and preparing an annual contract monitoring schedule
4377	that includes consideration for the level of risk assigned. The
4378	department may monitor any contract at any time regardless of
4379	whether such monitoring was originally included in the annual
4380	contract monitoring schedule.
4381	(b)  Preparing a contract monitoring plan, including
4382	sampling procedures, before performing onsite monitoring at
4383	external locations of a service provider. The plan must include
4384	a description of the programmatic, fiscal, and administrative
4385	components that will be monitored on site. If appropriate,
4386	clinical and therapeutic components may be included.
4387	(c)  Conducting analyses of the performance and compliance
4388	of an external service provider by means of desk reviews if the
4389	external service provider will not be monitored on site during a
4390	fiscal year.
4391	(d)  Unless the department sets forth in writing the need
4392	for an extension, providing a written report presenting the
4393	results of the monitoring within 30 days after the completion of
4394	the onsite monitoring or desk review.
4395	(e)  Developing and maintaining a set of procedures
4396	describing the contract monitoring process.
4397	Section 124.  Subsection (2) of section 402.731, Florida
4398	Statutes, is amended to read:
4399	402.731  Department of Children and Family Services
4400	certification programs for employees and service providers;
4401	employment provisions for transition to community-based care.-
4402	(2)  The department shall develop and implement employment
4403	programs to attract and retain competent staff to support and
4404	facilitate the transition to privatized community-based care.
4405	Such employment programs must shall include lump-sum bonuses,
4406	salary incentives, relocation allowances, or severance pay. The
4407	department shall also contract for the delivery or
4408	administration of outplacement services. The department shall
4409	establish time-limited exempt positions as provided in s.
4410	110.205(2)(f) 110.205(2)(i), in accordance with the authority
4411	provided in s. 216.262(1)(c)1. Employees appointed to fill such
4412	exempt positions shall have the same salaries and benefits as
4413	civil career service employees.
4414	Section 125.  Section 409.1757, Florida Statutes, is
4415	amended to read:
4416	409.1757  Persons not required to be refingerprinted or
4417	rescreened.-Notwithstanding any other provision of law to the
4418	contrary notwithstanding, human resource personnel who have been
4419	fingerprinted or screened pursuant to chapters 393, 394, 397,
4420	402, and this chapter, and teachers who have been fingerprinted
4421	pursuant to chapter 1012, who have not been unemployed for more
4422	than 90 days thereafter, and who under the penalty of perjury
4423	attest to the completion of such fingerprinting or screening and
4424	to compliance with the provisions of this section and the
4425	standards for good moral character as contained in such
4426	provisions as ss. 110.1127(3), 393.0655(1), 394.457(6), 397.451,
4427	402.305(2), and 409.175(6), are shall not be required to be
4428	refingerprinted or rescreened in order to comply with any
4429	caretaker screening or fingerprinting requirements.
4430	Section 126.  Subsection (1) of section 409.9205, Florida
4431	Statutes, is amended to read:
4432	409.9205  Medicaid Fraud Control Unit.-
4433	(1)  Except as provided in s. 110.205, all positions in the
4434	Medicaid Fraud Control Unit of the Department of Legal Affairs
4435	are hereby transferred to the Civil Career Service System.
4436	Section 127.  Section 414.37, Florida Statutes, is amended
4437	to read:
4438	414.37  Public assistance overpayment recovery
4439	privatization; reemployment of laid-off career service
4440	employees.-Should civil career service employees of the
4441	Department of Children and Family Services be subject to layoff
4442	after July 1, 1995, due to the privatization of public
4443	assistance overpayment recovery functions, the privatization
4444	contract must shall require the contracting firm to give
4445	priority consideration to employment of such employees. In
4446	addition, a task force composed of representatives from the
4447	Department of Children and Family Services and the Department of
4448	Management Services shall be established to provide reemployment
4449	assistance to such employees.
4450	Section 128.  Subsection (7) of section 427.012, Florida
4451	Statutes, is amended to read:
4452	427.012  The Commission for the Transportation
4453	Disadvantaged.-There is created the Commission for the
4454	Transportation Disadvantaged in the Department of
4455	Transportation.
4456	(7)  The commission shall appoint an executive director who
4457	shall serve under the direction, supervision, and control of the
4458	commission. The executive director, with the consent of the
4459	commission, shall employ such personnel as may be necessary to
4460	perform adequately the functions of the commission within
4461	budgetary limitations. Employees of the commission are exempt
4462	from the Civil Career Service System.
4463	Section 129.  Subsection (2) of section 447.203, Florida
4464	Statutes, is amended to read:
4465	447.203  Definitions.-As used in this part:
4466	(2)  "Public employer" or "employer" means the state or any
4467	county, municipality, or special district, or any subdivision or
4468	agency thereof, which the commission determines has sufficient
4469	legal distinctiveness properly to properly carry out the
4470	functions of a public employer. With respect to all public
4471	employees determined by the commission as properly belonging to
4472	a statewide bargaining unit composed of state civil Career
4473	service System employees or selected exempt Professional service
4474	employees, the Governor is shall be deemed to be the public
4475	employer; and the Board of Governors of the State University
4476	System, or the board's designee, is shall be deemed to be the
4477	public employer with respect to all public employees of each
4478	constituent state university. The board of trustees of a
4479	community college is shall be deemed to be the public employer
4480	with respect to all employees of the community college. The
4481	district school board is shall be deemed to be the public
4482	employer with respect to all employees of the school district.
4483	The Board of Trustees of the Florida School for the Deaf and the
4484	Blind is shall be deemed to be the public employer with respect
4485	to the academic and academic administrative personnel of the
4486	Florida School for the Deaf and the Blind. The Governor is shall
4487	be deemed to be the public employer with respect to all
4488	employees in the Correctional Education Program of the
4489	Department of Corrections established pursuant to s. 944.801.
4490	Section 130.  Subsection (8) and paragraph (a) of
4491	subsection (9) of section 447.207, Florida Statutes, is amended
4492	to read:
4493	447.207  Commission; powers and duties.-
4494	(8)  The commission or its designated agent shall hear
4495	appeals arising out of any suspension, reduction in pay,
4496	demotion, or dismissal of any permanent employee in the Civil
4497	State Career Service System in the manner provided in s.
4498	110.227.
4499	(9)  Pursuant to s. 447.208, the commission or its
4500	designated agent shall hear appeals, and enter such orders as it
4501	deems appropriate, arising out of:
4502	(a)  Section 110.124, relating to termination or transfer
4503	of State Career Service System employees aged 65 or older.
4504	(a)(b)  Section 112.044(4), relating to age discrimination.
4505	(b)(c)  Section 295.11, relating to reasons for not
4506	employing a preferred veteran applicant.
4507	Section 131.  Section 447.209, Florida Statutes, is amended
4508	to read:
4509	447.209  Public employer's rights.-It is the right of the
4510	public employer to determine unilaterally the purpose of each of
4511	its constituent agencies, set standards of services to be
4512	offered to the public, and exercise control and discretion over
4513	its organization and operations. It is also the right of the
4514	public employer to direct its employees, take disciplinary
4515	action for proper cause, and relieve its employees from duty
4516	because of lack of work or for other legitimate reasons.
4517	However, the exercise of such rights does shall not preclude
4518	employees or their representatives from raising grievances,
4519	should decisions on the above matters have the practical
4520	consequence of violating the terms and conditions of any
4521	collective bargaining agreement in force or any civil or career
4522	service rule regulation.
4523	Section 132.  Section 447.401, Florida Statutes, is amended
4524	to read:
4525	447.401  Grievance procedures.-Each public employer and
4526	bargaining agent shall negotiate a grievance procedure to be
4527	used for the settlement of disputes between employer and
4528	employee, or group of employees, involving the interpretation or
4529	application of a collective bargaining agreement. Such grievance
4530	procedure shall have as its terminal step a final and binding
4531	disposition by an impartial neutral, mutually selected by the
4532	parties; however, if when the issue under appeal is an
4533	allegation of abuse, abandonment, or neglect by an employee
4534	under s. 39.201 or s. 415.1034, the grievance may not be decided
4535	until the abuse, abandonment, or neglect of a child has been
4536	judicially determined. However, an arbiter or other neutral may
4537	shall not have the power to add to, subtract from, modify, or
4538	alter the terms of a collective bargaining agreement. If an
4539	employee organization is certified as the bargaining agent of a
4540	unit, the grievance procedure then in existence may be the
4541	subject of collective bargaining, and any agreement that which
4542	is reached supersedes shall supersede the previously existing
4543	procedure. All public employees shall have the right to a fair
4544	and equitable grievance procedure administered without regard to
4545	membership or nonmembership in any organization, except that
4546	certified employee organizations may shall not be required to
4547	process grievances for employees who are not members of the
4548	organization. A civil career service employee may use shall have
4549	the option of utilizing the civil service appeal procedure, an
4550	unfair labor practice procedure, or a grievance procedure
4551	established under this section, but such employee may not avail
4552	is precluded from availing himself or herself of to more than
4553	one of these procedures.
4554	Section 133.  Paragraph (a) of subsection (2) of section
4555	456.048, Florida Statutes, is amended to read:
4556	456.048  Financial responsibility requirements for certain
4557	health care practitioners.-
4558	(2)  The board or department may grant exemptions upon
4559	application by practitioners meeting any of the following
4560	criteria:
4561	(a)  Any person licensed under chapter 457, s. 458.3475, s.
4562	459.023, chapter 460, chapter 461, s. 464.012, chapter 466, or
4563	chapter 467 who practices exclusively as an officer, employee,
4564	or agent of the Federal Government or of the state or its
4565	agencies or its subdivisions. For the purposes of this
4566	subsection, an agent of the state, its agencies, or its
4567	subdivisions is a person who is eligible for coverage under any
4568	self-insurance or insurance program authorized by the provisions
4569	of s. 768.28(16) or who is a volunteer under s. 112.961
4570	110.501(1).
4571	Section 134.  Subsection (29) of section 570.07, Florida
4572	Statutes, is amended to read:
4573	570.07  Department of Agriculture and Consumer Services;
4574	functions, powers, and duties.-The department shall have and
4575	exercise the following functions, powers, and duties:
4576	(29)  To advance funds monthly to civil career service
4577	employees to be used for the purchase of official state samples
4578	for state examination. Each monthly advance shall be in an
4579	amount equal to one-twelfth of the actual expenses paid the
4580	position for samples in the previous fiscal year or, in the case
4581	of a new position, one-twelfth of the expenses paid for samples
4582	of a similar classification in the previous fiscal year;
4583	however, in the event of unusual circumstances, such advances
4584	may be increased for up to a period not to exceed 60 days.
4585	Advances shall be granted only to civil career service employees
4586	who have executed a proper power of attorney with the department
4587	to ensure the collection of such advances if not timely repaid.
4588	Section 135.  Subsection (3) of section 601.10, Florida
4589	Statutes, is amended to read:
4590	601.10  Powers of the Department of Citrus.-The Department
4591	of Citrus shall have and shall exercise such general and
4592	specific powers as are delegated to it by this chapter and other
4593	statutes of the state, which powers shall include, but shall not
4594	be confined to, the following:
4595	(3)  To employ and, at its pleasure, discharge an executive
4596	director, a secretary, and such attorneys, clerks, and employees
4597	as it deems necessary and to outline their powers and duties and
4598	fix their compensation. The department of Citrus may pay, or
4599	participate in the payment of, premiums for health, accident,
4600	and life insurance for its full-time employees, pursuant to such
4601	rules or regulations as it may adopt; and such payments are
4602	shall be in addition to the regular salaries of such full-time
4603	employees. The payment of such or similar benefits to its
4604	employees in foreign countries, including, but not limited to,
4605	social security, retirement, and other similar fringe benefit
4606	costs, may be in accordance with laws in effect in the country
4607	of employment, except that no benefits are not will be payable
4608	to employees not authorized for other state employees, as
4609	provided in the Civil Career Service System.
4610	Section 136.  Subsection (6) of section 624.307, Florida
4611	Statutes, is amended to read:
4612	624.307  General powers; duties.-
4613	(6)  The department and office may each employ actuaries
4614	who shall be at-will employees and who shall serve at the
4615	pleasure of the Chief Financial Officer, in the case of
4616	department employees, or at the pleasure of the director of the
4617	office, in the case of office employees. Actuaries employed
4618	pursuant to this paragraph must shall be members of the Society
4619	of Actuaries or the Casualty Actuarial Society and are shall be
4620	exempt from the Civil Career Service System established under
4621	chapter 110. The salaries of the actuaries employed pursuant to
4622	this paragraph shall be set in accordance with s.
4623	216.251(2)(a)5. and shall be set at levels which are
4624	commensurate with those salary levels paid to actuaries by the
4625	insurance industry.
4626	Section 137.  Subsection (3) of section 624.437, Florida
4627	Statutes, is amended to read:
4628	624.437  "Multiple-employer welfare arrangement" defined;
4629	certificate of authority required; penalty.-
4630	(3)  This section does not apply to a multiple-employer
4631	welfare arrangement that which offers or provides benefits that
4632	which are fully insured by an authorized insurer, to an
4633	arrangement that which is exempt from state insurance regulation
4634	in accordance with Pub. L. No. 93-406, the Employee Retirement
4635	Income Security Act, or to the state group health insurance
4636	program administered under s. 112.942 pursuant to s. 110.123.
4637	Section 138.  Paragraph (h) of subsection (4) of section
4638	627.6488, Florida Statutes, is amended to read:
4639	627.6488  Florida Comprehensive Health Association.-
4640	(4)  The association shall:
4641	(h)  Contract with preferred provider organizations and
4642	health maintenance organizations giving due consideration to
4643	those the preferred provider organizations and health
4644	maintenance organizations that which have contracted with the
4645	state group health insurance program pursuant to s. 112.942
4646	110.123. If cost-effective and available in the county where the
4647	policyholder resides, the board, upon application or renewal of
4648	a policy, shall place a high-risk individual, as established
4649	under s. 627.6498(4)(a)4., with the plan case manager who shall
4650	determine the most cost-effective quality care system or health
4651	care provider and shall place the individual in such system or
4652	with such health care provider. If cost-effective and available
4653	in the county where the policyholder resides, the board, with
4654	the consent of the policyholder, may place a low-risk or medium-
4655	risk individual, as established under s. 627.6498(4)(a)4., with
4656	the plan case manager who may determine the most cost-effective
4657	quality care system or health care provider and shall place the
4658	individual in such system or with such health care provider.
4659	Before Prior to and during the implementation of case
4660	management, the plan case manager shall obtain input from the
4661	policyholder, parent, or guardian.
4662	Section 139.  Paragraph (a) of subsection (1) of section
4663	627.649, Florida Statutes, is amended to read:
4664	627.649  Administrator.-
4665	(1)  The board shall select an administrator, through a
4666	competitive bidding process, to administer the plan. The board
4667	shall evaluate bids submitted under this subsection based on
4668	criteria established by the board, which criteria shall include:
4669	(a)  The administrator's proven ability to handle large
4670	group accident and health insurance., and Due consideration
4671	shall be given to an any administrator who has acted as a third-
4672	party administrator for the state group health insurance program
4673	pursuant to s. 112.942 110.123.
4674	Section 140.  Paragraph (a) of subsection (2) and
4675	subsection (3) of section 627.6498, Florida Statutes, is amended
4676	to read:
4677	627.6498  Minimum benefits coverage; exclusions; premiums;
4678	deductibles.-
4679	(2)  BENEFITS.-
4680	(a)  The plan shall offer major medical expense coverage
4681	similar to that provided by the state group health insurance
4682	program under s. 112.942, as defined in s. 110.123 except as
4683	specified in subsection (3), to every eligible person who is not
4684	eligible for Medicare. Major medical expense coverage offered
4685	under the plan must shall pay an eligible person's covered
4686	expenses, subject to limits on the deductible and coinsurance
4687	payments authorized under subsection (4), up to a lifetime limit
4688	of $500,000 per covered individual. The maximum limit may under
4689	this paragraph shall not be altered by the board, and an no
4690	actuarially equivalent benefit may not be substituted by the
4691	board.
4692	(3)  COVERED EXPENSES.-The coverage to be issued by the
4693	association must shall be patterned after the state group health
4694	insurance program as provided in s. 112.942 defined in s.
4695	110.123, including its benefits, exclusions, and other
4696	limitations, except as otherwise provided in this act. The plan
4697	may cover the cost of experimental drugs that which have been
4698	approved for use by the Food and Drug Administration on an
4699	experimental basis if the cost is less than the usual and
4700	customary treatment. Such coverage applies shall only apply to
4701	those insureds who are in the case management system upon the
4702	approval of the insured, the case manager, and the board.
4703	Section 141.  Subsection (4) of section 627.6617, Florida
4704	Statutes, is amended to read:
4705	627.6617  Coverage for home health care services.-
4706	(4)  The provisions of this section do shall not apply to a
4707	multiple-employer welfare arrangement as defined in s.
4708	624.437(1) and in the State Health Plan as provided in s.
4709	112.942 110.123.
4710	Section 142.  Paragraph (d) of subsection (2) of section
4711	627.6686, Florida Statutes, is amended to read:
4712	627.6686  Coverage for individuals with autism spectrum
4713	disorder required; exception.-
4714	(2)  As used in this section, the term:
4715	(d)  "Health insurance plan" means a group health insurance
4716	policy or group health benefit plan offered by an insurer which
4717	includes the state group insurance program provided under s.
4718	112.942 110.123. The term does not include a any health
4719	insurance plan offered in the individual market which, any
4720	health insurance plan that is individually underwritten, or
4721	which is any health insurance plan provided to a small employer.
4722	Section 143.  Paragraph (a) of subsection (4) of section
4723	943.0585, Florida Statutes, is amended to read:
4724	943.0585  Court-ordered expunction of criminal history
4725	records.-The courts of this state have jurisdiction over their
4726	own procedures, including the maintenance, expunction, and
4727	correction of judicial records containing criminal history
4728	information to the extent such procedures are not inconsistent
4729	with the conditions, responsibilities, and duties established by
4730	this section. Any court of competent jurisdiction may order a
4731	criminal justice agency to expunge the criminal history record
4732	of a minor or an adult who complies with the requirements of
4733	this section. The court shall not order a criminal justice
4734	agency to expunge a criminal history record until the person
4735	seeking to expunge a criminal history record has applied for and
4736	received a certificate of eligibility for expunction pursuant to
4737	subsection (2). A criminal history record that relates to a
4738	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
4739	s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
4740	827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
4741	893.135, s. 916.1075, a violation enumerated in s. 907.041, or
4742	any violation specified as a predicate offense for registration
4743	as a sexual predator pursuant to s. 775.21, without regard to
4744	whether that offense alone is sufficient to require such
4745	registration, or for registration as a sexual offender pursuant
4746	to s. 943.0435, may not be expunged, without regard to whether
4747	adjudication was withheld, if the defendant was found guilty of
4748	or pled guilty or nolo contendere to the offense, or if the
4749	defendant, as a minor, was found to have committed, or pled
4750	guilty or nolo contendere to committing, the offense as a
4751	delinquent act. The court may only order expunction of a
4752	criminal history record pertaining to one arrest or one incident
4753	of alleged criminal activity, except as provided in this
4754	section. The court may, at its sole discretion, order the
4755	expunction of a criminal history record pertaining to more than
4756	one arrest if the additional arrests directly relate to the
4757	original arrest. If the court intends to order the expunction of
4758	records pertaining to such additional arrests, such intent must
4759	be specified in the order. A criminal justice agency may not
4760	expunge any record pertaining to such additional arrests if the
4761	order to expunge does not articulate the intention of the court
4762	to expunge a record pertaining to more than one arrest. This
4763	section does not prevent the court from ordering the expunction
4764	of only a portion of a criminal history record pertaining to one
4765	arrest or one incident of alleged criminal activity.
4766	Notwithstanding any law to the contrary, a criminal justice
4767	agency may comply with laws, court orders, and official requests
4768	of other jurisdictions relating to expunction, correction, or
4769	confidential handling of criminal history records or information
4770	derived therefrom. This section does not confer any right to the
4771	expunction of any criminal history record, and any request for
4772	expunction of a criminal history record may be denied at the
4773	sole discretion of the court.
4774	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.-Any
4775	criminal history record of a minor or an adult which is ordered
4776	expunged by a court of competent jurisdiction pursuant to this
4777	section must be physically destroyed or obliterated by any
4778	criminal justice agency having custody of such record; except
4779	that any criminal history record in the custody of the
4780	department must be retained in all cases. A criminal history
4781	record ordered expunged which that is retained by the department
4782	is confidential and exempt from the provisions of s. 119.07(1)
4783	and s. 24(a), Art. I of the State Constitution and not available
4784	to any person or entity except upon order of a court of
4785	competent jurisdiction. A criminal justice agency may retain a
4786	notation indicating compliance with an order to expunge.
4787	(a)  The person who is the subject of a criminal history
4788	record that is expunged under this section or under other
4789	provisions of law, including former s. 893.14, former s. 901.33,
4790	and former s. 943.058, may lawfully deny or fail to acknowledge
4791	the arrests covered by the expunged record, unless except when
4792	the subject of the record:
4793	1.  Is a candidate for employment with a criminal justice
4794	agency;
4795	2.  Is a defendant in a criminal prosecution;
4796	3.  Concurrently or subsequently petitions for relief under
4797	this section or s. 943.059;
4798	4.  Is a candidate for admission to The Florida Bar;
4799	5.  Is seeking to be employed or licensed by or to contract
4800	with the Department of Children and Family Services, the Agency
4801	for Health Care Administration, the Agency for Persons with
4802	Disabilities, or the Department of Juvenile Justice or to be
4803	employed or used by such contractor or licensee in a sensitive
4804	position having direct contact with children, the
4805	developmentally disabled, the aged, or the elderly as provided
4806	in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
4807	402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4),
4808	chapter 916, s. 985.644, chapter 400, or chapter 429;
4809	6.  Is seeking to be employed or licensed by the Department
4810	of Education, any district school board, any university
4811	laboratory school, any charter school, any private or parochial
4812	school, or any local governmental entity that licenses child
4813	care facilities; or
4814	7.  Is seeking authorization from a seaport listed in s.
4815	311.09 for employment within or access to one or more of such
4816	seaports pursuant to s. 311.12.
4817	Section 144.  Paragraph (a) of subsection (4) of section
4818	943.059, Florida Statutes, is amended to read:
4819	943.059  Court-ordered sealing of criminal history
4820	records.-The courts of this state shall continue to have
4821	jurisdiction over their own procedures, including the
4822	maintenance, sealing, and correction of judicial records
4823	containing criminal history information to the extent such
4824	procedures are not inconsistent with the conditions,
4825	responsibilities, and duties established by this section. Any
4826	court of competent jurisdiction may order a criminal justice
4827	agency to seal the criminal history record of a minor or an
4828	adult who complies with the requirements of this section. The
4829	court shall not order a criminal justice agency to seal a
4830	criminal history record until the person seeking to seal a
4831	criminal history record has applied for and received a
4832	certificate of eligibility for sealing pursuant to subsection
4833	(2). A criminal history record that relates to a violation of s.
4834	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
4835	800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
4836	839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
4837	916.1075, a violation enumerated in s. 907.041, or any violation
4838	specified as a predicate offense for registration as a sexual
4839	predator pursuant to s. 775.21, without regard to whether that
4840	offense alone is sufficient to require such registration, or for
4841	registration as a sexual offender pursuant to s. 943.0435, may
4842	not be sealed, without regard to whether adjudication was
4843	withheld, if the defendant was found guilty of or pled guilty or
4844	nolo contendere to the offense, or if the defendant, as a minor,
4845	was found to have committed or pled guilty or nolo contendere to
4846	committing the offense as a delinquent act. The court may only
4847	order sealing of a criminal history record pertaining to one
4848	arrest or one incident of alleged criminal activity, except as
4849	provided in this section. The court may, at its sole discretion,
4850	order the sealing of a criminal history record pertaining to
4851	more than one arrest if the additional arrests directly relate
4852	to the original arrest. If the court intends to order the
4853	sealing of records pertaining to such additional arrests, such
4854	intent must be specified in the order. A criminal justice agency
4855	may not seal any record pertaining to such additional arrests if
4856	the order to seal does not articulate the intention of the court
4857	to seal records pertaining to more than one arrest. This section
4858	does not prevent the court from ordering the sealing of only a
4859	portion of a criminal history record pertaining to one arrest or
4860	one incident of alleged criminal activity. Notwithstanding any
4861	law to the contrary, a criminal justice agency may comply with
4862	laws, court orders, and official requests of other jurisdictions
4863	relating to sealing, correction, or confidential handling of
4864	criminal history records or information derived therefrom. This
4865	section does not confer any right to the sealing of any criminal
4866	history record, and any request for sealing a criminal history
4867	record may be denied at the sole discretion of the court.
4868	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.-A criminal
4869	history record of a minor or an adult which is ordered sealed by
4870	a court of competent jurisdiction pursuant to this section is
4871	confidential and exempt from the provisions of s. 119.07(1) and
4872	s. 24(a), Art. I of the State Constitution and is available only
4873	to the person who is the subject of the record, to the subject's
4874	attorney, to criminal justice agencies for their respective
4875	criminal justice purposes, which include conducting a criminal
4876	history background check for approval of firearms purchases or
4877	transfers as authorized by state or federal law, to judges in
4878	the state courts system for the purpose of assisting them in
4879	their case-related decisionmaking responsibilities, as set forth
4880	in s. 943.053(5), or to those entities set forth in
4881	subparagraphs (a)1., 4., 5., 6., and 8. for their respective
4882	licensing, access authorization, and employment purposes.
4883	(a)  The subject of a criminal history record sealed under
4884	this section or under other provisions of law, including former
4885	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
4886	deny or fail to acknowledge the arrests covered by the sealed
4887	record, except if when the subject of the record:
4888	1.  Is a candidate for employment with a criminal justice
4889	agency;
4890	2.  Is a defendant in a criminal prosecution;
4891	3.  Concurrently or subsequently petitions for relief under
4892	this section or s. 943.0585;
4893	4.  Is a candidate for admission to The Florida Bar;
4894	5.  Is seeking to be employed or licensed by or to contract
4895	with the Department of Children and Family Services, the Agency
4896	for Health Care Administration, the Agency for Persons with
4897	Disabilities, or the Department of Juvenile Justice or to be
4898	employed or used by such contractor or licensee in a sensitive
4899	position having direct contact with children, the
4900	developmentally disabled, the aged, or the elderly as provided
4901	in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
4902	402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
4903	415.103, chapter 916, s. 985.644, chapter 400, or chapter 429;
4904	6.  Is seeking to be employed or licensed by the Department
4905	of Education, any district school board, any university
4906	laboratory school, any charter school, any private or parochial
4907	school, or any local governmental entity that licenses child
4908	care facilities;
4909	7.  Is attempting to purchase a firearm from a licensed
4910	importer, licensed manufacturer, or licensed dealer and is
4911	subject to a criminal history check under state or federal law;
4912	or
4913	8.  Is seeking authorization from a Florida seaport
4914	identified in s. 311.09 for employment within or access to one
4915	or more of such seaports pursuant to s. 311.12.
4916	Section 145.  Subsection (2) of section 945.043, Florida
4917	Statutes, is amended to read:
4918	945.043  Department-operated day care services.-
4919	(2)  The department is exempt from s. 112.915 the
4920	requirements of s. 110.151.
4921	Section 146.  Subsection (1) of section 946.525, Florida
4922	Statutes, is amended to read:
4923	946.525  Participation by the corporation in the state
4924	group health insurance and prescription drug programs.-
4925	(1)  The board of directors of the corporation established
4926	under this part may apply for participation in the state group
4927	health insurance program authorized under s. 112.942 in s.
4928	110.123 and the prescription drug coverage program authorized
4929	under s. 112.944 by s. 110.12315 by submitting an application
4930	along with a $500 nonrefundable fee to the Department of
4931	Management Services.
4932	Section 147.  Paragraph (b) of subsection (1) of section
4933	1001.705, Florida Statutes, is amended to read:
4934	1001.705  Responsibility for the State University System
4935	under s. 7, Art. IX of the State Constitution; legislative
4936	finding and intent.-
4937	(1)  LEGISLATIVE FINDINGS.-
4938	(b)  Constitutional duties of the Board of Governors of the
4939	State University System.-In accordance with s. 7, Art. IX of the
4940	State Constitution, the Board of Governors of the State
4941	University System has the duty to operate, regulate, control,
4942	and be fully responsible for the management of the whole
4943	publicly funded State University System and the board, or the
4944	board's designee, has responsibility for:
4945	1.  Defining the distinctive mission of each constituent
4946	university.
4947	2.  Defining the articulation of each constituent
4948	university in conjunction with the Legislature's authority over
4949	the public schools and community colleges.
4950	3.  Ensuring the well-planned coordination and operation of
4951	the State University System.
4952	4.  Avoiding wasteful duplication of facilities or programs
4953	within the State University System.
4954	5.  Accounting for expenditure of funds appropriated by the
4955	Legislature for the State University System as provided by law.
4956	6.  Submitting a budget request for legislative
4957	appropriations for the institutions under the supervision of the
4958	board as provided by law.
4959	7.  Adopting strategic plans for the State University
4960	System and each constituent university.
4961	8.  Approving, reviewing, and terminating degree programs
4962	of the State University System.
4963	9.  Governing admissions to the state universities.
4964	10.  Serving as the public employer to all public employees
4965	of state universities for collective bargaining purposes.
4966	11.  Establishing a personnel system for all state
4967	university employees; however, the Department of Management
4968	Services shall retain authority over state university employees
4969	for programs established in ss. 112.942 110.123, 112.945
4970	110.1232, 112.946 110.1234, 112.947 110.1238, and 112.949
4971	110.161, and in chapters 121, 122, and 238.
4972	12.  Complying with, and enforcing for institutions under
4973	the board's jurisdiction, all applicable local, state, and
4974	federal laws.
4975	Section 148.  Paragraph (b) of subsection (5) of section
4976	1001.706, Florida Statutes, is amended to read:
4977	1001.706  Powers and duties of the Board of Governors.-
4978	(5)  POWERS AND DUTIES RELATING TO PERSONNEL.-
4979	(b)  The Department of Management Services shall retain
4980	authority over state university employees for programs
4981	established in ss. 112.942 110.123,112.945 110.1232, 112.946
4982	110.1234, 112.947 110.1238, and 112.949 110.161 and in chapters
4983	121, 122, and 238. Unless specifically authorized by law,
4984	neither the Board of Governors nor a state university may offer
4985	group insurance programs for employees as a substitute for or as
4986	an alternative to the health insurance programs offered pursuant
4987	to chapter 112 110.
4988	Section 149.  Paragraph (c) of subsection (5) of section
4989	1001.74, Florida Statutes, is amended to read:
4990	1001.74  Powers and duties of university boards of
4991	trustees.-
4992	(5)  POWERS AND DUTIES RELATING TO PERSONNEL.-
4993	(c)  The Department of Management Services shall retain
4994	authority over state university employees for programs
4995	established in ss. 112.942 110.123, 112.945 110.1232, 112.946
4996	110.1234, 112.947 110.1238, and 112.949 110.161 and in chapters
4997	121, 122, and 238. Unless specifically authorized by law,
4998	neither the Board of Governors nor a state university may offer
4999	group insurance programs for employees as a substitute for or as
5000	an alternative to the health insurance programs offered pursuant
5001	to chapter 112 110.
5002	Section 150.  Paragraph (f) of subsection (8) of section
5003	1002.36, Florida Statutes, is amended to read:
5004	1002.36  Florida School for the Deaf and the Blind.-
5005	(4)  BOARD OF TRUSTEES.-
5006	(f)  The board of trustees shall:
5007	1.  Prepare and submit legislative budget requests for
5008	operations and fixed capital outlay, in accordance with chapter
5009	216 and ss. 1011.56 and 1013.60, to the Department of Education
5010	for review and approval. The department must analyze the amount
5011	requested for fixed capital outlay to determine if the request
5012	is consistent with the school's campus master plan, educational
5013	plant survey, and facilities master plan. Projections of
5014	facility space needs may exceed the norm space and occupant
5015	design criteria established in the State Requirements for
5016	Educational Facilities.
5017	2.  Approve and administer an annual operating budget in
5018	accordance with ss. 1011.56 and 1011.57.
5019	3.  Require all funds received other than gifts, donations,
5020	bequests, funds raised by or belonging to student clubs or
5021	student organizations, and funds held for specific students or
5022	in accounts for individual students to be deposited in the State
5023	Treasury and expended as authorized in the General
5024	Appropriations Act.
5025	4.  Require all purchases to be in accordance with the
5026	provisions of chapter 287 except for purchases made with funds
5027	received as gifts, donations, or bequests; funds raised by or
5028	belonging to student clubs or student organizations; or funds
5029	held for specific students or in accounts for individual
5030	students.
5031	5.  Administer and maintain personnel programs for all
5032	employees of the board of trustees and the Florida School for
5033	the Deaf and the Blind who shall be state employees, including
5034	the personnel classification and pay plan established in
5035	accordance with ss. 110.205(2)(s) 110.205(2)(d) and
5036	216.251(2)(a)2. for academic and academic administrative
5037	personnel, the provisions of chapter 110, and the provisions of
5038	law that grant authority to the Department of Management
5039	Services over such programs for state employees.
5040	6.  Give preference in appointment and retention in
5041	positions of employment as provided within s. 295.07(1).
5042	7.  Ensure that the Florida School for the Deaf and the
5043	Blind complies with s. 1013.351 concerning the coordination of
5044	planning between the Florida School for the Deaf and the Blind
5045	and local governing bodies.
5046	8.  Ensure that the Florida School for the Deaf and the
5047	Blind complies with s. 112.061 concerning per diem and travel
5048	expenses of public officers, employees, and authorized persons
5049	with respect to all funds other than funds received as gifts,
5050	donations, or bequests; funds raised by or belonging to student
5051	clubs or student organizations; or funds held for specific
5052	students or in accounts for individual students.
5053	9.  Adopt a master plan that which specifies the mission
5054	and objectives of the Florida School for the Deaf and the Blind.
5055	The plan shall include, but not be limited to, procedures for
5056	systematically measuring the school's progress toward meeting
5057	its objectives, analyzing changes in the student population, and
5058	modifying school programs and services to respond to such
5059	changes. The plan shall be for a period of 5 years and shall be
5060	reviewed for needed modifications every 2 years. The board of
5061	trustees shall submit the initial plan and subsequent
5062	modifications to the Speaker of the House of Representatives and
5063	the President of the Senate.
5064	10.  Designate a portion of the school as "The Verle Allyn
5065	Pope Complex for the Deaf," in tribute to the late Senator Verle
5066	Allyn Pope.
5067	(8)  CAMPUS POLICE.-
5068	(f)  The board of trustees shall adopt rules, including,
5069	without limitation, rules for the appointment, employment, and
5070	removal of campus police in accordance with the Civil State
5071	Career Service under chapter 110 System and shall establish in
5072	writing a policy manual, that includes, without limitation,
5073	procedures for managing routine law enforcement situations and
5074	emergency law enforcement situations. The board of trustees
5075	shall furnish a copy of the policy manual to each of the campus
5076	police officers it employs. A campus police officer appointed by
5077	the board of trustees must have completed the training required
5078	by the school in the special needs and proper procedures for
5079	dealing with students served by the school.
5080	Section 151.  Section 1012.62, Florida Statutes, is amended
5081	to read:
5082	1012.62  Transfer of sick leave and annual leave.-In
5083	implementing the provisions of ss. 402.22(1)(d) and
5084	1001.42(4)(m), educational personnel in Department of Children
5085	and Family Services residential care facilities who are employed
5086	by a district school board may request, and the district school
5087	board shall accept, a lump-sum transfer of accumulated sick
5088	leave for such personnel to the maximum allowed by policies of
5089	the district school board, notwithstanding the provisions of s.
5090	112.910 110.122. Educational personnel in Department of Children
5091	and Family Services residential care facilities who are employed
5092	by a district school board under the provisions of s.
5093	402.22(1)(d) may request, and the district school board shall
5094	accept, a lump-sum transfer of accumulated annual leave for each
5095	person employed by the district school board in a position in
5096	the district eligible to accrue vacation leave under the
5097	policies of the district school board.
5098	Section 152.  Subsection (5) of section 1012.79, Florida
5099	Statutes, is amended to read:
5100	1012.79  Education Practices Commission; organization.-
5101	(5)  The commission, by a vote of three-fourths of the
5102	membership, shall employ an executive director, who shall be
5103	exempt from the Civil career Service. The executive director may
5104	be dismissed by a majority vote of the membership.
5105	Section 153.  Subsection (6) of section 1012.88, Florida
5106	Statutes, is amended to read:
5107	1012.88  Community college police.-
5108	(6)  The community college, with the approval of the
5109	Department of Law Enforcement, shall adopt rules, including,
5110	without limitation, rules for the appointment, employment, and
5111	removal of community college police in accordance with the Civil
5112	state Career Service under chapter 110 System and shall
5113	establish in writing a policy manual, that includes, without
5114	limitation, procedures for managing routine law enforcement
5115	situations and emergency law enforcement situations. The
5116	community college shall furnish a copy of the policy manual to
5117	each of the police officers it employs.
5118	Section 154.  This act shall take effect July 1, 2010.

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