Florida Senate - 2023                             CS for SB 1310
       By the Committee on Community Affairs; and Senators DiCeglie and
       578-03259-23                                          20231310c1
    1                        A bill to be entitled                      
    2         An act relating to substitution of work experience for
    3         postsecondary education requirements; providing a
    4         short title; amending s. 112.219, F.S.; removing
    5         obsolete language; defining the term “public
    6         employer”; conforming provisions to changes made by
    7         the act; creating s. 112.2195, F.S.; defining terms;
    8         providing requirements for hiring considerations by
    9         public employers; providing an exception; providing
   10         that a postsecondary degree may be a baseline
   11         requirement under a certain circumstance; authorizing
   12         an applicant to appeal a hiring consideration to the
   13         Department of Management Services; authorizing a
   14         person to report to the department any job postings
   15         that fail to include specified information; providing
   16         remedies if the department substantiates an appeal or
   17         a report; providing applicability; authorizing the
   18         department to adopt rules; amending s. 287.057, F.S.;
   19         authorizing an agency to substitute certain work
   20         experience for postsecondary educational requirements
   21         for a person seeking to enter into a contract with the
   22         agency under certain circumstances; providing an
   23         effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Sections 112.219 and 112.2195, Florida Statutes,
   28  may be cited as the “Expanding Public Sector Career
   29  Opportunities Act.”
   30         Section 2. Section 112.219, Florida Statutes, is amended to
   31  read:
   32         112.219 Substitution of work experience for postsecondary
   33  educational requirements.—
   34         (1) Beginning July 1, 2022, The head of a public employer
   35  an employing agency may elect to substitute verifiable, related
   36  work experience in lieu of postsecondary educational
   37  requirements for a position of employment if the person seeking
   38  the position of employment is otherwise qualified for such
   39  position.
   40         (2) Related work experience may not substitute for any
   41  required licensure, certification, or registration required for
   42  the position of employment as established by the public employer
   43  employing agency and indicated in the advertised description of
   44  the position of employment.
   45         (3) If the head of a public employer an employing agency
   46  elects to substitute related work experience for postsecondary
   47  educational requirements, the public employer employing agency
   48  must include, in all advertisements for the position of
   49  employment made by the public employer employing agency, a
   50  notice that such substitution is authorized and a description of
   51  the related work experience equivalencies that may be
   52  substituted for the required postsecondary education.
   53         (4) This section and s. 112.2195 do does not abridge state
   54  and federal laws and regulations governing equal opportunity
   55  employment.
   56         (5) For purposes of this section, the term “public
   57  employer” has the same meaning as in s. 448.095(1) “employing
   58  agency” means any agency or unit of government of the state or
   59  any county, municipality, or political subdivision thereof,
   60  including special districts, that is authorized to employ
   61  personnel to carry out the responsibilities of the agency or
   62  unit of government.
   63         Section 3. Section 112.2195, Florida Statutes, is created
   64  to read:
   65         112.2195Expanding public sector career opportunities.—
   66         (1)For purposes of this section, the term:
   67         (a)“Applicant” means a person seeking gainful employment
   68  from a public employer.
   69         (b)“Baseline requirement” means the minimum skills or
   70  previous training or experience required to satisfactorily
   71  perform the primary duties of an employment position.
   72         (c)“Department” means the Department of Management
   73  Services.
   74         (d)“Direct experience” means any previous work experience
   75  during which:
   76         1.The applicant’s primary duties were consistent with the
   77  employment position he or she is currently seeking; or
   78         2.The skills required for the applicant’s primary duties
   79  are transferable to the employment position he or she is
   80  currently seeking.
   81         (e)“Hiring consideration” means all of the following:
   82         1.A decision to offer an applicant an interview.
   83         2.An interview held in good faith between the public
   84  employer and the applicant.
   85         3.A decision to move an applicant to a subsequent round in
   86  the hiring process.
   87         4.A decision to include the applicant on a list of
   88  applicants for consideration by another member of the public
   89  employer.
   90         5.A final offer of employment.
   91         (f)“Postsecondary degree” means an associate degree, a
   92  bachelor’s degree, or a graduate degree from an accredited
   93  college or university.
   94         (g)“Public employer” has the same meaning as in s.
   95  448.095(1).
   96         (2)Both of the following apply for hiring considerations
   97  by public employers:
   98         (a)A public employer may not deny consideration to an
   99  applicant solely on the basis of the applicant lacking a
  100  postsecondary degree, except as provided under subsection (3).
  101         (b)A public employer shall determine for each employment
  102  position baseline requirements that an applicant must meet.
  103  Prior direct experience or specified certifications or courses
  104  may be included as a baseline requirement. A postsecondary
  105  degree may only be included as a baseline requirement as
  106  provided in subsection (4).
  107         (3)Paragraph (2)(a) does not apply if a public employer
  108  clearly demonstrates that the job duties of the employment
  109  position require a postsecondary degree. In the job posting, a
  110  public employer must substantiate the necessity of a
  111  postsecondary degree on the basis that the postsecondary degree
  112  is the best measure to determine if an applicant possesses
  113  specific skills required for the job or that the employment
  114  position requires advanced accreditation or licensure that is
  115  only available to a person who holds a specific postsecondary
  116  degree.
  117         (4)A public employer may include a postsecondary degree as
  118  a baseline requirement only as an alternative to the number of
  119  years of direct experience required, not to exceed:
  120         (a)Two years of direct experience for an associate degree;
  121         (b)Four years of direct experience for a bachelor’s
  122  degree;
  123         (c)Six years of direct experience for a master’s degree;
  124         (d)Seven years of direct experience for a professional
  125  degree; or
  126         (e)Nine years of direct experience for a doctoral degree.
  127         (5)(a)An applicant who is eliminated from a hiring
  128  consideration solely because the applicant lacks a postsecondary
  129  degree may appeal such decision to the department.
  130         (b)A person may report to the department any job postings
  131  by a public employer which require a postsecondary degree but
  132  fail to include the information required under subsection (3).
  133         (c)If an appeal or report is substantiated by the
  134  department, the public employer must reopen the hiring process,
  135  modify the job posting, or take other action as directed by the
  136  department.
  137         (6)This section does not apply to political appointments
  138  or other employment positions hired by elected representatives
  139  in the state.
  140         (7)The department may adopt rules to implement the
  141  requirements of subsection (5).
  142         Section 4. Subsection (28) is added to section 287.057,
  143  Florida Statutes, to read:
  144         287.057 Procurement of commodities or contractual
  145  services.—
  146         (28)An agency may substitute verifiable, related work
  147  experience in lieu of postsecondary education requirements for
  148  contractual services pursuant to ss. 112.219 and 112.2195 if the
  149  person seeking the contract for services is otherwise qualified
  150  for such contract.
  151         Section 5. This act shall take effect July 1, 2023.