Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 88
       
       
       
       
       
       
                                Barcode 416656                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/07/2011           .                                
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       The Committee on Community Affairs (Thrasher) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 215.425, Florida Statutes, is amended to
    7  read:
    8         215.425 Extra compensation claims prohibited; bonuses;
    9  severance pay.—
   10         (1) No Extra compensation shall be made to any officer,
   11  agent, employee, or contractor after the service has been
   12  rendered or the contract made; nor shall any money be
   13  appropriated or paid on any claim the subject matter of which
   14  has not been provided for by preexisting laws, unless such
   15  compensation or claim is allowed by a law enacted by two-thirds
   16  of the members elected to each house of the Legislature.
   17  However, when adopting salary schedules for a fiscal year, a
   18  district school board or community college district board of
   19  trustees may apply the schedule for payment of all services
   20  rendered subsequent to July 1 of that fiscal year.
   21         (2)The provisions of This section does do not apply to:
   22         (a) Extra compensation given to state employees who are
   23  included within the senior management group pursuant to rules
   24  adopted by the Department of Management Services; to extra
   25  compensation given to county, municipal, or special district
   26  employees pursuant to policies adopted by county or municipal
   27  ordinances or resolutions of governing boards of special
   28  districts or to employees of the clerk of the circuit court
   29  pursuant to written policy of the clerk; or to
   30         (b) A clothing and maintenance allowance given to
   31  plainclothes deputies pursuant to s. 30.49.
   32         (3) Any policy, ordinance, rule, or resolution designed to
   33  implement a bonus scheme must:
   34         1. Base the award of a bonus on work performance;
   35         2. Describe the performance standards and evaluation
   36  process by which a bonus will be awarded;
   37         3. Notify all employees of the policy, ordinance, rule, or
   38  resolution before the beginning of the evaluation period on
   39  which a bonus will be based; and
   40         4. Consider all employees for the bonus.
   41         (4)(a) On or after July 1, 2011, a unit of government may
   42  not enter into a contract or employment agreement that contains
   43  a provision for severance pay with an officer, agent, employee,
   44  or contractor.
   45         (b) On or after July 1, 2011, an officer, agent, employee,
   46  or contractor may receive severance pay only if:
   47         1. The severance pay is paid from wholly private funds, the
   48  payment and receipt of which do not otherwise violate part III
   49  of chapter 112;
   50         2. The severance pay is administered under part II of
   51  chapter 112 on behalf of an agency outside this state and would
   52  be permitted under that agency’s personnel system;
   53         3. The severance pay represents the settlement of an
   54  employment dispute. Such settlement may not include provisions
   55  that limit the ability of any party to the settlement to discuss
   56  the dispute or settlement; or
   57         4. Provision for the severance pay is expressly included in
   58  a contract for employment which was entered into before July 1,
   59  2011.
   60         (c) This subsection does not create an entitlement to
   61  severance pay in the absence of its authorization.
   62         (d) As used in this subsection, the term “severance pay”
   63  means the actual or constructive compensation, including salary,
   64  benefits, or perquisites, for employment services yet to be
   65  rendered which is provided to an employee who has recently been
   66  or is about to be terminated. The term does not include
   67  compensation for:
   68         1. Earned and accrued annual, sick, compensatory, or
   69  administrative leave; or
   70         2. Early retirement under provisions established in an
   71  actuarially funded pension plan subject to part VII of chapter
   72  112.
   73         (5) Any agreement or contract involving extra compensation
   74  between a unit of government and an officer, agent, employee, or
   75  contractor may not include provisions that limit the ability of
   76  any party to the agreement or contract to discuss the agreement
   77  or contract.
   78         Section 2. Present subsections (8) through (10) of section
   79  166.021, Florida Statutes, are redesignated as subsections (7)
   80  through (9) respectively, and present subsection (7) of that
   81  section is amended, to read:
   82         166.021 Powers.—
   83         (7) Notwithstanding the prohibition against extra
   84  compensation set forth in s. 215.425, the governing body of a
   85  municipality may provide for an extra compensation program,
   86  including a lump-sum bonus payment program, to reward
   87  outstanding employees whose performance exceeds standards, if
   88  the program provides that a bonus payment may not be included in
   89  an employee’s regular base rate of pay and may not be carried
   90  forward in subsequent years.
   91         Section 3. Paragraphs (a) and (c) of subsection (14) of
   92  section 112.061, Florida Statutes, are amended to read:
   93         112.061 Per diem and travel expenses of public officers,
   94  employees, and authorized persons.—
   95         (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
   96  SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
   97  ORGANIZATIONS.—
   98         (a) The following entities may establish rates that vary
   99  from the per diem rate provided in paragraph (6)(a), the
  100  subsistence rates provided in paragraph (6)(b), or the mileage
  101  rate provided in paragraph (7)(d) if those rates are not less
  102  than the statutorily established rates that are in effect for
  103  the 2005-2006 fiscal year:
  104         1. The governing body of a county by the enactment of an
  105  ordinance or resolution;
  106         2. A county constitutional officer, pursuant to s. 1(d),
  107  Art. VIII of the State Constitution, by the establishment of
  108  written policy;
  109         3. The governing body of a district school board by the
  110  adoption of rules;
  111         4. The governing body of a special district, as defined in
  112  s. 189.403(1), except those special districts that are subject
  113  to s. 166.021(9) 166.021(10), by the enactment of a resolution;
  114  or
  115         5. Any metropolitan planning organization created pursuant
  116  to s. 339.175 or any other separate legal or administrative
  117  entity created pursuant to s. 339.175 of which a metropolitan
  118  planning organization is a member, by the enactment of a
  119  resolution.
  120         (c) Except as otherwise provided in this subsection,
  121  counties, county constitutional officers and entities governed
  122  by those officers, district school boards, special districts,
  123  and metropolitan planning organizations, other than those
  124  subject to s. 166.021(9) 166.021(10), remain subject to the
  125  requirements of this section.
  126         Section 4. Paragraph (bb) of subsection (1) of section
  127  125.01 and section 373.0795, Florida Statutes, are repealed.
  128         Section 5. This act shall take effect July 1, 2011.
  129  
  130  ================= T I T L E  A M E N D M E N T ================
  131         And the title is amended as follows:
  132         Delete everything before the enacting clause
  133  and insert:
  134                        A bill to be entitled                      
  135         An act relating to public employee compensation;
  136         amending s. 215.425, F.S.; revising provisions
  137         relating to the prohibition against the payment of
  138         extra compensation; providing for bonuses; specifying
  139         the conditions for paying bonuses; prohibiting
  140         provisions in contracts that provide for severance
  141         pay; allowing for severance pay under specified
  142         circumstances; defining the term “severance pay”;
  143         prohibiting a contract provision that provides for
  144         extra compensation to limit the ability to discuss the
  145         contract; amending s. 166.021, F.S.; deleting a
  146         provision that allows a municipality to pay extra
  147         compensation; amending s. 112.061, F.S.; conforming
  148         cross-references; repealing s. 125.01(1)(bb), F.S.,
  149         relating to the power of a local government to pay
  150         extra compensation; repealing s. 373.0795, F.S.,
  151         relating to a prohibition against severance pay for
  152         officers or employees of water management districts;
  153         providing an effective date.