SB565: Bill Text

SB565,74 Section 74. 230.34 (2) (a) of the statutes is repealed and recreated to read:

SB565,22,13 230.34 (2) (a) The order of layoff of such employees may be determined by seniority or performance or a combination thereof or by other factors.

SB565,75 Section 75. 230.34 (2) (b) of the statutes is repealed and recreated to read:

SB565,22,19 230.34 (2) (b) The director shall promulgate rules governing layoffs and appeals therefrom and alternative procedures in lieu of layoff to include voluntary and involuntary demotion and the exercise of a displacing right to a comparable or lower class, as well as the subsequent employee right of restoration or eligibility for reinstatement.

SB565,76 Section 76. 230.35 (3) (d) of the statutes is amended to read:

SB565,22,24 230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of absence to compete in promotional evaluations examinations and interviews. The administrator shall promulgate rules governing the lengths of time allowable for such leaves, their frequency and the provisions for their use.

SB565,77 Section 77. 230.37 (1) of the statutes is amended to read:

SB565,23,9 230.37 (1) In cooperation with appointing authorities the administrator shall establish an employee performance evaluation program to provide a continuing record of employee development and, when applicable, to serve as a basis for pertinent personnel actions. Under the employee performance evaluation program established under this subsection, the administrator shall require each appointing authority to conduct at least an annual performance evaluation of each employee appointed by the appointing authority. Similar evaluations shall be conducted during the probationary period but may not infringe upon the authority of the appointing authority to retain or dismiss employees during the probationary period.

SB565,78 Section 78. 230.40 (3) of the statutes is created to read:

SB565,23,14 230.40 (3) A person who separates from the classified service to fill an elective position shall have reinstatement privileges for 5 years following termination from the classified service or for one year following termination from the elective position, whichever is longer.

SB565,79 Section 79. 230.43 (1) (title) of the statutes is amended to read:

SB565,23,17 230.43 (1) (title) Hiring process; obstruction Obstruction or falsifications of examinations.

SB565,80 Section 80. 230.43 (1) (am) of the statutes is amended to read:

SB565,23,21 230.43 (1) (am) Willfully defeats, deceives or obstructs any person in respect of the rights of application examination or registration under this subchapter or any rules prescribed pursuant thereto.

SB565,81 Section 81. 230.43 (1) (b) of the statutes is amended to read:

SB565,24,2 230.43 (1) (b) Willfully or corruptly, falsely marks, grades, estimates, or reports upon an application or resume examination, or proper standing of any person evaluated examined, registered, or certified, pursuant to this subchapter, or aids in so doing.

SB565,82 Section 82. 230.43 (1) (c) of the statutes is amended to read:

SB565,24,5 230.43 (1) (c) Willfully or corruptly makes any false representations concerning the same, or concerning an applicant the person examined.

SB565,83 Section 83. 230.43 (1) (d) of the statutes is amended to read:

SB565,24,10 230.43 (1) (d) Willfully or corruptly furnishes any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any persons so evaluated examined, registered, or certified, being appointed, employed, or promoted.

SB565,84 Section 84. 230.43 (1) (e) of the statutes is amended to read:

SB565,24,14 230.43 (1) (e) Personates any other person, or permits or aids in any manner any other person to personate him or her in connection with any examination, registration, application, or request to be evaluated examined or registered.

SB565,85 Section 85. 230.43 (5) of the statutes is amended to read:

SB565,24,24 230.43 (5) Taxpayers' suits. The right of any taxpayer to bring any action to restrain the payment of compensation to any person appointed to or holding any office or place of employment in violation of this subchapter shall not be limited or denied by reason of the fact that the office or place of employment has been classified as, or determined to be, not subject to a competitive hiring process examination; however, any judgment or injunction in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the rules of the administrator in force at the time of such payments.

SB565,86 Section 86. 230.44 (1) (c) of the statutes is amended to read:

SB565,25,7 230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has permanent status in class, or an employee has served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more, the employee may appeal a demotion, layoff, suspension, discharge or reduction in base pay to the commission as the final step in the state employee grievance process procedure established under s. 230.445 230.04 (14), if the appeal alleges that the decision was not based on just cause.

SB565,87 Section 87. 230.44 (1) (e) of the statutes is amended to read:

SB565,25,13 230.44 (1) (e) Discretionary performance awards. This subsection does not apply to decisions of an appointing authority relating to discretionary performance awards under s. 230.12 (5) or under the discretionary merit award program established under s. 230.04 (19), including the evaluation methodology and results used to determine the award or the amount awarded.

SB565,88 Section 88. 230.445 of the statutes is repealed.

SB565,89 Section 89. 321.65 (3) (g) of the statutes is amended to read:

SB565,25,20 321.65 (3) (g) Veterans preferences. The right of a person to reemployment under this subsection does not entitle the person to retention, preference, or displacement rights over any person who has a superior claim under s. 45.03 (4), 62.13 (4) (d), 63.08 (1) (f) or (fm), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16 (7) or (7m), 230.21 (1m), 230.25, or 230.275.

SB565,90 Section 90. 323.2915 (1) and (2) of the statutes are amended to read:

SB565,26,2 323.2915 (1) Notwithstanding s. 230.445 (2) and (3), 2021 stats., an employee does not waive his or her right to appeal an adverse employment decision if the employee does not timely file the complaint or appeal during the public health emergency declared on March 12, 2020, by executive order 72. The tolling period under s. 230.445 (3) (a) 1., 2021 stats., begins 14 days after the termination of such public health emergency.

SB565,26,6 (2) Notwithstanding s. 230.445 (3) (a) 2., 2021 stats., an appointing authority or his or her designee is not required to meet with a complainant in person during the public health emergency declared on March 12, 2020, by executive order 72, when conducting an investigation under s. 230.445 (3) (a) 2., 2021 stats.

SB565,91 Section 91. Initial applicability.

SB565,26,10 (1) Hiring preferences for veterans. The treatment of ss. 63.08 (1) (fm) and 230.25 (1g) and (1m) first applies to a position that is posted on the effective date of this subsection.

SB565,26,12 (2) Probationary periods. The treatment of s. 230.28 (1) (a), (am), and (c) first applies to a probationary period that begins on the effective date of this subsection.

SB565,26,15 (3) Standards for adverse employment actions. The treatment of s. 230.34 (1) (a) (intro.) and (am) first applies to employee discipline for conduct that occurs on the effective date of this subsection.

SB565,26,17 (4) Grievance procedures. The treatment of s. 230.44 (1) (c) first applies to an action taken against an employee on the effective date of this subsection.

SB565,26,20 (5) Reinstatement privileges, separation from classified service. The treatment of s. 230.40 (3) first applies to a person who separates from the classified service on the effective date of this subsection.

SB565,26,21 (End)