Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1310
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Community Affairs (DiCeglie) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Sections 112.219 and 112.2195, Florida Statutes,
    6  may be cited as the “Expanding Public Sector Career
    7  Opportunities Act.”
    8         Section 2. Section 112.219, Florida Statutes, is amended to
    9  read:
   10         112.219 Substitution of work experience for postsecondary
   11  educational requirements.—
   12         (1) Beginning July 1, 2022, The head of a public employer
   13  an employing agency may elect to substitute verifiable, related
   14  work experience in lieu of postsecondary educational
   15  requirements for a position of employment if the person seeking
   16  the position of employment is otherwise qualified for such
   17  position.
   18         (2) Related work experience may not substitute for any
   19  required licensure, certification, or registration required for
   20  the position of employment as established by the public employer
   21  employing agency and indicated in the advertised description of
   22  the position of employment.
   23         (3) If the head of a public employer an employing agency
   24  elects to substitute related work experience for postsecondary
   25  educational requirements, the public employer employing agency
   26  must include, in all advertisements for the position of
   27  employment made by the public employer employing agency, a
   28  notice that such substitution is authorized and a description of
   29  the related work experience equivalencies that may be
   30  substituted for the required postsecondary education.
   31         (4) This section and s. 112.2195 do does not abridge state
   32  and federal laws and regulations governing equal opportunity
   33  employment.
   34         (5) For purposes of this section, the term “public
   35  employer” has the same meaning as in s. 448.095(1) “employing
   36  agency” means any agency or unit of government of the state or
   37  any county, municipality, or political subdivision thereof,
   38  including special districts, that is authorized to employ
   39  personnel to carry out the responsibilities of the agency or
   40  unit of government.
   41         Section 3. Section 112.2195, Florida Statutes, is created
   42  to read:
   43         112.2195Expanding public sector career opportunities.—
   44         (1)For purposes of this section, the term:
   45         (a)“Applicant” means a person seeking gainful employment
   46  from a public employer.
   47         (b)“Baseline requirement” means the minimum skills or
   48  previous training or experience required to satisfactorily
   49  perform the primary duties of an employment position.
   50         (c)“Department” means the Department of Management
   51  Services.
   52         (d)“Direct experience” means any previous work experience
   53  during which:
   54         1.The applicant’s primary duties were consistent with the
   55  employment position he or she is currently seeking; or
   56         2.The skills required for the applicant’s primary duties
   57  are transferable to the employment position he or she is
   58  currently seeking.
   59         (e)“Hiring consideration” means all of the following:
   60         1.A decision to offer an applicant an interview.
   61         2.An interview held in good faith between the public
   62  employer and the applicant.
   63         3.A decision to move an applicant to a subsequent round in
   64  the hiring process.
   65         4.A decision to include the applicant on a list of
   66  applicants for consideration by another member of the public
   67  employer.
   68         5.A final offer of employment.
   69         (f)“Postsecondary degree” means an associate degree, a
   70  bachelor’s degree, or a graduate degree from an accredited
   71  college or university.
   72         (g)“Public employer” has the same meaning as in s.
   73  448.095(1).
   74         (2)Both of the following apply for hiring considerations
   75  by public employers:
   76         (a)A public employer may not deny consideration to an
   77  applicant solely on the basis of the applicant lacking a
   78  postsecondary degree, except as provided under subsection (3).
   79         (b)A public employer shall determine for each employment
   80  position baseline requirements that an applicant must meet.
   81  Prior direct experience or specified certifications or courses
   82  may be included as a baseline requirement. A postsecondary
   83  degree may only be included as a baseline requirement as
   84  provided in subsection (4).
   85         (3)Paragraph (2)(a) does not apply if a public employer
   86  clearly demonstrates that the job duties of the employment
   87  position require a postsecondary degree. In the job posting, a
   88  public employer must substantiate the necessity of a
   89  postsecondary degree on the basis that the postsecondary degree
   90  is the best measure to determine if an applicant possesses
   91  specific skills required for the job or that the employment
   92  position requires advanced accreditation or licensure that is
   93  only available to a person who holds a specific postsecondary
   94  degree.
   95         (4)A public employer may include a postsecondary degree as
   96  a baseline requirement only as an alternative to the number of
   97  years of direct experience required, not to exceed:
   98         (a)Two years of direct experience for an associate degree;
   99         (b)Four years of direct experience for a bachelor’s
  100  degree;
  101         (c)Six years of direct experience for a master’s degree;
  102         (d)Seven years of direct experience for a professional
  103  degree; or
  104         (e)Nine years of direct experience for a doctoral degree.
  105         (5)(a)An applicant who is eliminated from a hiring
  106  consideration solely because the applicant lacks a postsecondary
  107  degree may appeal such decision to the department.
  108         (b)A person may report to the department any job postings
  109  by a public employer which require a postsecondary degree but
  110  fail to include the information required under subsection (3).
  111         (c)If an appeal or report is substantiated by the
  112  department, the public employer must reopen the hiring process,
  113  modify the job posting, or take other action as directed by the
  114  department.
  115         (6)This section does not apply to political appointments
  116  or other employment positions hired by elected representatives
  117  in the state.
  118         (7)The department may adopt rules to implement the
  119  requirements of subsection (5).
  120         Section 4. Subsection (28) is added to section 287.057,
  121  Florida Statutes, to read:
  122         287.057 Procurement of commodities or contractual
  123  services.—
  124         (28)An agency may substitute verifiable, related work
  125  experience in lieu of postsecondary education requirements for
  126  contractual services pursuant to ss. 112.219 and 112.2195 if the
  127  person seeking the contract for services is otherwise qualified
  128  for such contract.
  129         Section 5. This act shall take effect July 1, 2023.
  131  ================= T I T L E  A M E N D M E N T ================
  132  And the title is amended as follows:
  133         Delete everything before the enacting clause
  134  and insert:
  135                        A bill to be entitled                      
  136         An act relating to substitution of work experience for
  137         postsecondary education requirements; providing a
  138         short title; amending s. 112.219, F.S.; removing
  139         obsolete language; defining the term “public
  140         employer”; conforming provisions to changes made by
  141         the act; creating s. 112.2195, F.S.; defining terms;
  142         providing requirements for hiring considerations by
  143         public employers; providing an exception; providing
  144         that a postsecondary degree may be a baseline
  145         requirement under a certain circumstance; authorizing
  146         an applicant to appeal a hiring consideration to the
  147         Department of Management Services; authorizing a
  148         person to report to the department any job postings
  149         that fail to include specified information; providing
  150         remedies if the department substantiates an appeal or
  151         a report; providing applicability; authorizing the
  152         department to adopt rules; amending s. 287.057, F.S.;
  153         authorizing an agency to substitute certain work
  154         experience for postsecondary educational requirements
  155         for a person seeking to enter into a contract with the
  156         agency under certain circumstances; providing an
  157         effective date.