Florida Senate - 2023                                    SB 1310
       By Senator DiCeglie
       18-00824B-23                                          20231310__
    1                        A bill to be entitled                      
    2         An act relating to expanding public sector career
    3         opportunities; providing a short title; creating s.
    4         110.1075, F.S.; defining terms; providing requirements
    5         for hiring considerations by public employers;
    6         providing an exception; providing that a postsecondary
    7         degree may be a baseline requirement under a certain
    8         circumstance; providing direct experience to degree
    9         equivalencies; authorizing an applicant to appeal a
   10         hiring consideration to the Department of Management
   11         Services; authorizing a person to report to the
   12         department that certain job openings do not include
   13         specified required information; providing remedies if
   14         the department substantiates an appeal or report;
   15         providing applicability; requiring the department to
   16         adopt specified rules; amending s. 112.219, F.S.;
   17         deleting obsolete language; authorizing the head of an
   18         employing agency to elect to substitute certain work
   19         experience for postsecondary educational requirements
   20         for a person seeking to enter into a contract with the
   21         employing agency under certain circumstances;
   22         prohibiting the substitution of work experience for
   23         certain licensure, certification, or registration
   24         requirements; providing an effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. This act may be cited as the “Expanding Public
   29  Sector Career Opportunities Act.”
   30         Section 2. Section 110.1075, Florida Statutes, is created
   31  to read:
   32         110.1075Expanding public sector career opportunities.—
   33         (1)For purposes of this section, the term:
   34         (a)“Applicant” means a person seeking gainful employment
   35  from a public employer.
   36         (b)“Baseline requirement” means the minimum skills or
   37  previous training or experience required to satisfactorily
   38  perform the primary duties of an employment position.
   39         (c)“Direct experience” means any previous work experience
   40  during which:
   41         1.The applicant’s primary duties were consistent with the
   42  employment position he or she is currently seeking; or
   43         2.The skills required for the applicant’s primary duties
   44  are transferable to the employment position he or she is
   45  currently seeking.
   46         (d)“Hiring consideration” means all of the following:
   47         1.A decision to offer an applicant an interview.
   48         2.An interview held in good faith between the public
   49  employer and the applicant.
   50         3.A decision to move an applicant to a subsequent round in
   51  the hiring process.
   52         4.A decision to include the applicant on a list of
   53  applicants for consideration by another member of the public
   54  employer.
   55         5.A final offer of employment.
   56         (e)“Postsecondary degree” means an associate degree, a
   57  bachelor’s degree, or a graduate degree earned from an
   58  accredited college or university.
   59         (f)“Public employer” has the same meaning as in s.
   60  448.095(1).
   61         (2)Both of the following apply for hiring considerations
   62  by public employers:
   63         (a)A public employer may not deny consideration to an
   64  applicant solely on the basis of the applicant lacking a
   65  postsecondary degree.
   66         (b)A public employer shall determine for each employment
   67  position the baseline requirements that an applicant must meet.
   68  Prior direct experience or specified certifications or courses
   69  may be included as a baseline requirement. A postsecondary
   70  degree may only be included as a baseline requirement as
   71  provided in subsection (4).
   72         (3)Paragraph (2)(a) does not apply if a public employer
   73  clearly demonstrates that the job duties of the employment
   74  position require a postsecondary degree. In the job posting, a
   75  public employer must substantiate the necessity of a
   76  postsecondary degree on the basis that the postsecondary degree
   77  is the best measure to determine if an applicant possesses
   78  specific skills required for the job or that the employment
   79  position requires advanced accreditation or licensure that is
   80  only available to a person who holds a specific postsecondary
   81  degree.
   82         (4)A public employer may include a postsecondary degree as
   83  a baseline requirement only as an alternative to the number of
   84  years of direct experience required, not to exceed:
   85         (a)Two years of direct experience for an associate degree;
   86         (b)Four years of direct experience for a bachelor’s
   87  degree;
   88         (c)Six years of direct experience for a master’s degree;
   89         (d)Seven years of direct experience for a professional
   90  degree; or
   91         (e)Nine years of direct experience for a doctoral degree.
   92         (5)(a)An applicant eliminated from a hiring consideration
   93  solely because he or she lacks a postsecondary degree may appeal
   94  such decision to the department.
   95         (b)A person may report to the department any job postings
   96  by a public employer which require a postsecondary degree but
   97  fail to include the information required under subsection (3).
   98         (c)If an appeal or report is substantiated by the
   99  department, the public employer must reopen the hiring process,
  100  modify the job posting, or take other action as directed by the
  101  department.
  102         (6)This section does not apply to political appointments
  103  or other employment positions for which hiring is done by
  104  elected representatives in this state.
  105         (7)The department shall adopt rules to implement the
  106  requirements of subsection (5).
  107         Section 3. Present subsections (4) and (5) of section
  108  112.219, Florida Statutes, are redesignated as subsections (5)
  109  and (6), respectively, subsection (1) of that section is
  110  amended, and a new subsection (4) is added to that section, to
  111  read:
  112         112.219 Substitution of work experience for postsecondary
  113  educational requirements.—
  114         (1) Beginning July 1, 2022, The head of an employing agency
  115  may elect to substitute verifiable, related work experience in
  116  lieu of postsecondary educational requirements for a position of
  117  employment if the person seeking the position of employment is
  118  otherwise qualified for such position.
  119         (4)(a)The head of an employing agency may elect to
  120  substitute verifiable, related work experience in lieu of
  121  postsecondary educational requirements for a contract for the
  122  performance of services with the employing agency if the person
  123  seeking to enter into the contract with the employing agency is
  124  otherwise qualified for such position.
  125         (b)Related work experience may not substitute for any
  126  licensure, certification, or registration required for the
  127  contract, as established by the employing agency and indicated
  128  in the advertised description of the contract.
  129         Section 4. This act shall take effect July 1, 2023.