Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 88
Barcode 808386
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/14/2011 .
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The Committee on Governmental Oversight and Accountability
(Wise) recommended the following:
1 Senate Amendment
2
3 Delete lines 63 - 77
4 and insert:
5 (b) On or after July 1, 2011:
6 1. An officer, agent, employee, or contractor may receive
7 severance pay only if:
8 a. The severance pay is paid from wholly private funds, the
9 payment and receipt of which do not otherwise violate part III
10 of chapter 112;
11 b. The severance pay is administered under part II of
12 chapter 112 on behalf of an agency outside this state and would
13 be permitted under that agency’s personnel system;
14 c. The severance pay represents the settlement of an
15 employment dispute. Such settlement may not include provisions
16 that limit the ability of any party to the settlement to discuss
17 the dispute or settlement; or
18 d. Provision for the severance pay is expressly included in
19 a contract for employment which was entered into before July 1,
20 2011.
21 2. An officer, agent, employee, or contractor may receive
22 severance pay pursuant to this paragraph only if:
23 a. He or she has not been fired as a result of an
24 investigation, prosecution, or any criminal, civil, or
25 administrative proceeding by a federal, state, or local
26 governmental entity; a negative job-performance evaluation; or a
27 violation of a governmental policy or rule;
28 b. He or she has been fired without cause; and
29 c. The severance pay does not exceed his or her actual or
30 constructive compensation, including salary, benefits, or
31 perquisites, for employment services yet to be rendered for a
32 term greater than 4 weeks before or immediately following
33 termination of employment.