Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1372
       
       
       
       
       
       
                                Ì278496^Î278496                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2015           .                                
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       The Committee on Rules (Gaetz) recommended the following:
       
    1         Senate Amendment to Amendment (533978) (with title
    2  amendment)
    3  
    4         Delete lines 206 - 332
    5  and insert:
    6         Section 11. Present subsections (1) through (5) of section
    7  215.425, Florida Statutes, are redesignated as subsections (2)
    8  through (6), respectively, present subsection (2) and paragraph
    9  (a) of present subsection (4) of that section are amended, and a
   10  new subsection (1) and subsections (7) through (12) are added to
   11  that section, to read:
   12         215.425 Extra compensation claims prohibited; bonuses;
   13  severance pay.—
   14         (1) As used in this section, the term “public funds” means
   15  any taxes, tuition, grants, fines, fees, or other charges or any
   16  other type of revenue collected by the state or any county,
   17  municipality, special district, school district, Florida College
   18  System institution, state university, or other separate unit of
   19  government created pursuant to law, including any office,
   20  department, agency, division, subdivision, political
   21  subdivision, board, bureau, or commission of such entities.
   22         (3)(2)Notwithstanding subsection (2), if the payment and
   23  receipt does not otherwise violate part III of chapter 112, the
   24  following funds may be used to provide extra compensation:
   25         (a) Revenues received by state universities through or from
   26  faculty practice plans; health services support organizations;
   27  hospitals with which state universities are affiliated; direct
   28  support organizations; or federal, auxiliary, or private
   29  sources, except for tuition;
   30         (b) Revenues received by Florida College System
   31  institutions through or from faculty practice plans; health
   32  services support organizations; direct-support organizations; or
   33  federal, auxiliary, or private sources, except for tuition;
   34         (c) Revenues that are received by a hospital licensed under
   35  chapter 395 which has entered into a Medicaid Provider Contract
   36  and that:
   37         1. Are not derived from the levy of an ad valorem tax;
   38         2. Are not derived from patient services paid through the
   39  Medicaid or Medicare program;
   40         3. Are derived from patient services pursuant to contracts
   41  with private insurers or private managed care entities; or
   42         4. Are not appropriated by the Legislature or by any
   43  county, municipality, special district, school district, Florida
   44  College System institution, state university, or other separate
   45  unit of government created pursuant to law, including any
   46  office, department, agency, division, subdivision, political
   47  subdivision, board, bureau, commission, authority, or
   48  institution of such entities, except for revenues otherwise
   49  authorized to be used pursuant to subparagraphs 2. and 3.
   50         This section does not apply to:
   51         (a) a bonus or severance pay that is paid wholly from
   52  nontax revenues and nonstate-appropriated funds, the payment and
   53  receipt of which does not otherwise violate part III of chapter
   54  112, and which is paid to an officer, agent, employee, or
   55  contractor of a public hospital that is operated by a county or
   56  a special district; or
   57         (d)(b) A clothing and maintenance allowance given to
   58  plainclothes deputies pursuant to s. 30.49.
   59         (e) Revenues or fees received by a seaport or airport from
   60  sources other than through the levy of a tax, or funds
   61  appropriated by any county or municipality or the Legislature.
   62         (5)(a)(4)(a)On or after July 1, 2011, A unit of
   63  government, on or after July 1, 2011, or a state university, on
   64  or after July 1, 2012, that is a party to enters into a contract
   65  or employment agreement, or renewal or renegotiation of an
   66  existing contract or employment agreement, that contains a
   67  provision for severance pay with an officer, agent, employee, or
   68  contractor must include the following provisions in the
   69  contract:
   70         1. A requirement that severance pay paid from public funds
   71  provided may not exceed an amount greater than 20 weeks of
   72  compensation.
   73         2. A prohibition of provision of severance pay paid from
   74  public funds when the officer, agent, employee, or contractor
   75  has been fired for misconduct, as defined in s. 443.036(29), by
   76  the unit of government.
   77         (7) Upon discovery or notification that a unit of
   78  government has provided prohibited compensation to any officer,
   79  agent, employee, or contractor in violation of this section,
   80  such unit of government shall investigate and take all necessary
   81  action to recover the prohibited compensation.
   82         (a) If the violation was unintentional, the unit of
   83  government shall recover the prohibited compensation from the
   84  individual receiving the prohibited compensation through normal
   85  recovery methods for overpayments.
   86         (b) If the violation was willful, the unit of government
   87  shall recover the prohibited compensation from either the
   88  individual receiving the prohibited compensation or the
   89  individual or individuals responsible for approving the
   90  prohibited compensation. Each individual determined to have
   91  willfully violated this section is jointly and severally liable
   92  for repayment of the prohibited compensation.
   93         (8) A person who willfully violates this section commits a
   94  misdemeanor of the first degree, punishable as provided in s.
   95  775.082 or s. 775.083.
   96         (9) An officer who exercises the powers and duties of a
   97  state or county officer and willfully violates this section is
   98  subject to the Governor’s power under s. 7(a), Art. IV of the
   99  State Constitution. An officer who exercises powers and duties
  100  other than those of a state or county officer and willfully
  101  violates this section is subject to the suspension and removal
  102  procedures under s. 112.51.
  103         (10)(a) A person who reports a violation of this section is
  104  eligible for a reward of at least $500, or the lesser of 10
  105  percent of the funds recovered or $10,000 per incident of a
  106  prohibited compensation payment recovered by the unit of
  107  government, depending upon the extent to which the person
  108  substantially contributed to the discovery, notification, and
  109  recovery of such prohibited payment.
  110         (b) In the event that the recovery of the prohibited
  111  compensation is based primarily on disclosures of specific
  112  information, other than information provided by such person,
  113  relating to allegations or transactions in a criminal, civil, or
  114  administrative hearing; in a legislative, administrative,
  115  inspector general, or other government report; in an auditor
  116  general report, hearing, audit, or investigation; or from the
  117  news media, such person is not eligible for a reward, or for an
  118  award of a portion of the proceeds or payment of attorney fees
  119  and costs pursuant to s. 68.085.
  120         (c) If it is determined that the person who reported a
  121  violation of this section was involved in the authorization,
  122  approval, or receipt of the prohibited compensation or is
  123  convicted of criminal conduct arising from his or her role in
  124  the authorization, approval, or receipt of the prohibited
  125  compensation, such person is not eligible for a reward, or for
  126  an award of a portion of the proceeds or payment of attorney
  127  fees and costs pursuant to s. 68.085.
  128         (11) An employee who is discharged, demoted, suspended,
  129  threatened, harassed, or in any manner discriminated against in
  130  the terms and conditions of employment by his or her employer
  131  because of lawful acts done by the employee on behalf of the
  132  employee or others in furtherance of an action under this
  133  section, including investigation for initiation of, testimony
  134  for, or assistance in an action filed or to be filed under this
  135  section, has a cause of action under s. 112.3187.
  136         (12) If the unit of government fails to recover prohibited
  137  compensation for a willful violation of this section upon
  138  discovery and notification of such prohibited payment within 90
  139  days, a cause of action may be brought to:
  140         (a) Recover state funds in accordance with ss. 68.082 and
  141  68.083.
  142         (b) Recover other funds by the Department of Legal Affairs
  143  using the procedures set forth in ss. 68.082 and 68.083, except
  144  that venue shall lie in the circuit court of the county in which
  145  the unit of government is located.
  146         (c) Recover other funds by a person using the procedures
  147  set forth in ss. 68.082 and 68.083, except that venue shall lie
  148  in the circuit court of the county in which the unit of
  149  government is located.
  150         (13) Subsections (7)-(12) apply prospectively to contracts
  151  or employment agreements, or the renewal or renegotiation of an
  152  existing contract or employment agreement, effective on or after
  153  July 1, 2015.
  154  
  155  ================= T I T L E  A M E N D M E N T ================
  156  And the title is amended as follows:
  157         Delete lines 348 - 364
  158  and insert:
  159         F.S.; defining the term “public funds”; revising
  160         nonapplicability to the prohibition on extra
  161         compensation claims; requiring certain contracts to
  162         which a unit of government or state university is a
  163         party during a specified period to contain certain
  164         prohibitions on severance pay; requiring a unit of
  165         government to investigate and take necessary action to
  166         recover prohibited compensation; specifying methods of
  167         recovery and liability for unintentional and willful
  168         violations; providing a penalty; specifying
  169         applicability of procedures regarding suspension and
  170         removal of an officer who commits a willful violation;
  171         establishing eligibility criteria and amounts for
  172         rewards; specifying circumstances under which an
  173         employee has a cause of action under the Whistle
  174         blower’s Act; establishing causes of action if a unit
  175         of government fails to recover prohibited compensation
  176         within a certain timeframe; providing for
  177         applicability;