Florida Senate - 2015                                    SB 7022
       By the Committee on Governmental Oversight and Accountability
       585-01470-15                                          20157022__
    1                        A bill to be entitled                      
    2         An act relating to individuals with disabilities;
    3         reordering and amending s. 110.107, F.S.; revising
    4         definitions and defining the term “individual who has
    5         a disability”; amending s. 110.112, F.S.; revising the
    6         state’s equal employment opportunity policy to include
    7         individuals who have a disability; requiring each
    8         executive agency to annually report to the Department
    9         of Management Services regarding the agency’s progress
   10         in increasing employment among certain
   11         underrepresented groups; revising the required content
   12         of the department’s annual workforce report; requiring
   13         the department to develop and implement certain
   14         programs geared toward individuals who have a
   15         disability; requiring the department to develop
   16         training programs by a specified date; requiring each
   17         executive agency to develop a plan regarding the
   18         employment of individuals who have a disability by a
   19         specified date; requiring the department to report to
   20         the Governor and the Legislature regarding
   21         implementation; requiring the department to compile
   22         and post data regarding the hiring practices of
   23         executive agencies regarding the employment of
   24         individuals who have a disability; requiring the
   25         department to assist executive agencies in identifying
   26         strategies to retain employees who have a disability;
   27         requiring the department to adopt certain rules;
   28         specifying that the act does not create any
   29         enforceable right or benefit; providing an effective
   30         date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Section 110.107, Florida Statutes, is reordered
   35  and amended to read:
   36         110.107 Definitions.—As used in this chapter, the term:
   37         (5)(1) “Department” means the Department of Management
   38  Services.
   39         (28)(2) “Secretary” means the Secretary of Management
   40  Services.
   41         (11)(3) “Furlough” means a temporary reduction in the
   42  regular hours of employment in a pay period, or temporary leave
   43  without pay for one or more pay periods, with a commensurate
   44  reduction in pay, which is necessitated by a projected deficit
   45  in any fund that supports salary and benefit appropriations. The
   46  deficit must be projected by the Revenue Estimating Conference
   47  pursuant to s. 216.136(3).
   48         (30)(4) “State agency” or “agency” means any official,
   49  officer, commission, board, authority, council, committee, or
   50  department of the executive branch or the judicial branch of
   51  state government as defined in chapter 216.
   52         (21)(5) “Position” means the work, consisting of duties and
   53  responsibilities, assigned to be performed by an officer or
   54  employee.
   55         (10)(6) “Full-time position” means a position authorized
   56  for the entire normally established work period, whether daily,
   57  weekly, monthly, or annually.
   58         (18)(7) “Part-time position” means a position authorized
   59  for less than the entire normally established work period,
   60  whether daily, weekly, monthly, or annually.
   61         (16)(8) “Occupation” means all positions that which are
   62  sufficiently similar in knowledge, skills, and abilities, and
   63  the sufficiently similar as to kind or subject matter of work.
   64         (17)(9) “Occupational group” means a group of occupations
   65  that which are sufficiently similar in the kind of work
   66  performed to warrant the use of the same performance factors in
   67  determining the level of complexity for all occupations in that
   68  occupational group.
   69         (3)(10) “Classification plan” means a formal description of
   70  the concepts, rules, job family definitions, occupational group
   71  characteristics, and occupational profiles used in the
   72  classification of positions.
   73         (20)(11) “Pay plan” means a formal description of the
   74  philosophy, methods, procedures, and salary schedules for
   75  competitively compensating employees at market-based rates for
   76  work performed.
   77         (27)(12) “Salary schedule” means an official document that
   78  which contains a complete list of occupation titles, broadband
   79  level codes, and pay bands.
   80         (1)(13) “Authorized position” means a position included in
   81  an approved budget. In counting the number of authorized
   82  positions, part-time positions may be converted to full-time
   83  equivalents.
   84         (8)(14) “Established position” means an authorized position
   85  that which has been classified in accordance with a
   86  classification and pay plan as provided by law.
   87         (22)(15) “Position number” means the identification number
   88  assigned to an established position.
   89         (26)(16) “Reclassification” means the changing of an
   90  established position in one broadband level in an occupational
   91  group to a higher or lower broadband level in the same
   92  occupational group or to a broadband level in a different
   93  occupational group.
   94         (24)(17) “Promotion” means the changing of the
   95  classification of an employee to a broadband level having a
   96  higher maximum salary; or the changing of the classification of
   97  an employee to a broadband level having the same or a lower
   98  maximum salary but a higher level of responsibility.
   99         (4)(18) “Demotion” means the changing of the classification
  100  of an employee to a broadband level having a lower maximum
  101  salary; or the changing of the classification of an employee to
  102  a broadband level having the same or a higher maximum salary but
  103  a lower level of responsibility.
  104         (32)(19) “Transfer” means moving an employee from one
  105  geographic location of the state to a different geographic
  106  location more than in excess of 50 miles from the employee’s
  107  current work location.
  108         (25)(20) “Reassignment” means moving an employee from a
  109  position in one broadband level to a different position in the
  110  same broadband level or to a different broadband level having
  111  the same maximum salary.
  112         (6)(21) “Dismissal” means a disciplinary action taken by an
  113  agency pursuant to s. 110.227 against an employee which results
  114  resulting in the termination of his or her employment.
  115         (31)(22) “Suspension” means a disciplinary action taken by
  116  an agency pursuant to s. 110.227 against an employee which to
  117  temporarily relieves relieve the employee of his or her duties
  118  and places place him or her on leave without pay.
  119         (15)(23) “Layoff” means termination of employment due to a
  120  shortage of funds or work, or a material change in the duties or
  121  organization of an agency, including the outsourcing or
  122  privatization of an activity or function previously performed by
  123  career service employees.
  124         (7)(24) “Employing agency” means any agency authorized to
  125  employ personnel to carry out the responsibilities of the agency
  126  under the provisions of chapter 20 or other law statutory
  127  authority.
  128         (29)(25) “Shared employment” means part-time career
  129  employment in which whereby the duties and responsibilities of a
  130  full-time position in the career service are divided among part
  131  time employees who are eligible for the position and who receive
  132  career service benefits and wages pro rata. The term In no case
  133  shall “shared employment” does not include the employment of
  134  persons paid from other-personal-services funds.
  135         (9)(26) “Firefighter” means a firefighter certified under
  136  chapter 633.
  137         (14)(27) “Law enforcement or correctional officer” means a
  138  law enforcement officer, special agent, correctional officer,
  139  correctional probation officer, or institutional security
  140  specialist required to be certified under chapter 943.
  141         (23)(28) “Professional health care provider” means
  142  registered nurses, physician’s assistants, dentists,
  143  psychologists, nutritionists or dietitians, pharmacists,
  144  psychological specialists, physical therapists, and speech and
  145  hearing therapists.
  146         (13)(29) “Job family” means a defined grouping of one or
  147  more occupational groups.
  148         (19)(30) “Pay band” means the minimum salary, the maximum
  149  salary, and intermediate rates that which are payable for work
  150  in a specific broadband level.
  151         (2)(31) “Broadband level” means all positions that which
  152  are sufficiently similar in knowledge, skills, and abilities;
  153  the, and sufficiently similar as to kind or subject matter of
  154  work; the, level of difficulty or the level of
  155  responsibilities;, and the qualification requirements of the
  156  work so as to warrant the same treatment with respect as to
  157  title, pay band, and other personnel transactions.
  158         (12) “Individual who has a disability” means a person who
  159  has a physical or intellectual impairment that substantially
  160  limits one or more major life activities; a person who has a
  161  history or record of such an impairment; or a person who is
  162  perceived by others as having such an impairment.
  163         Section 2. Subsections (1) and (2) of section 110.112,
  164  Florida Statutes, are amended, present subsections (3) through
  165  (6) of that section are redesignated as subsections (4) through
  166  (7), respectively, and a new subsection (3) is added to that
  167  section, to read:
  168         110.112 Affirmative action; equal employment opportunity.—
  169         (1) It is shall be the policy of this the state to assist
  170  in providing the assurance of equal employment opportunity
  171  through programs of affirmative and positive action that will
  172  allow full utilization of women, and minorities, and individuals
  173  who have a disability.
  174         (2)(a) The head of each executive agency shall develop and
  175  implement an affirmative action plan in accordance with rules
  176  adopted by the department and approved by a majority vote of the
  177  Administration Commission before their adoption.
  178         (b) Each executive agency shall establish annual goals for
  179  ensuring full utilization of groups underrepresented in the
  180  agency’s its workforce, including women, minorities, and
  181  individuals who have a disability, as compared to the relevant
  182  labor market, as defined by the agency. Each executive agency
  183  shall design its affirmative action plan to meet its established
  184  goals.
  185         (c) Each executive agency shall annually report to the
  186  department regarding the agency’s progress toward increasing
  187  employment among women, minorities, and individuals who have a
  188  disability.
  189         (d)(c) An affirmative action-equal employment opportunity
  190  officer shall be appointed by the head of each executive agency.
  191  The affirmative action-equal employment opportunity officer’s
  192  responsibilities must include determining annual goals,
  193  monitoring agency compliance, and providing consultation to
  194  managers regarding progress, deficiencies, and appropriate
  195  corrective action.
  196         (e)(d) The department shall report information in its
  197  annual workforce report relating to the implementation,
  198  continuance, updating, and results of each executive agency’s
  199  affirmative action plan for the previous fiscal year. The annual
  200  workforce report must also include data for each executive
  201  agency relating to employment levels among women, minorities,
  202  and individuals who have a disability.
  203         (f)(e) The department shall provide to all supervisory
  204  personnel of the executive agencies training in the principles
  205  of equal employment opportunity and affirmative action, the
  206  development and implementation of affirmative action plans, and
  207  the establishment of annual affirmative action goals. The
  208  department may contract for training services, and each
  209  participating agency shall reimburse the department for costs
  210  incurred through such contract. After the department approves
  211  the contents of the training program for the agencies, the
  212  department may delegate this training to the executive agencies.
  213         (3)(a) The department, in consultation with the Agency for
  214  Persons with Disabilities, the Division of Vocational
  215  Rehabilitation of the Department of Education, the Department of
  216  Economic Opportunity, and the Executive Office of the Governor,
  217  shall develop and implement programs that incorporate
  218  internships, mentoring, on-the-job training, unpaid work
  219  experience, situational assessments, and other innovative
  220  strategies that are specifically geared toward individuals who
  221  have a disability.
  222         (b) By January 1, 2016, the department shall develop
  223  mandatory training programs for human resources personnel and
  224  hiring managers of executive agencies which support the
  225  employment of individuals who have a disability.
  226         (c)1. By January 1, 2016, each executive agency shall
  227  develop an agency-specific plan that addresses how to promote
  228  employment opportunities for individuals who have a disability.
  229         2. The department shall assist executive agencies in the
  230  implementation of agency-specific plans. The department shall
  231  regularly report to the Governor, the President of the Senate,
  232  and the Speaker of the House of Representatives the progress of
  233  executive agencies in implementing these plans. Such reports
  234  shall be made at least biannually.
  235         (d) The department shall compile data regarding the hiring
  236  practices of executive agencies with regard to individuals who
  237  have a disability and make such data available on its website.
  238         (e) The department shall assist executive agencies in
  239  identifying and implementing strategies for retaining employees
  240  who have a disability which include, but are not limited to,
  241  training programs, funding reasonable accommodations, increasing
  242  access to appropriate technologies, and ensuring accessibility
  243  of physical and virtual workplaces.
  244         (f) The department shall adopt rules relating to forms that
  245  provide for the voluntary self-identification of individuals who
  246  a disability who are employed by an executive agency.
  247         (g) This subsection does not create any substantive or
  248  procedural right or benefit enforceable at law or in equity
  249  against the state or a state agency, or an officer, employee, or
  250  agent thereof.
  251         Section 3. This act shall take effect July 1, 2015.