This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0317.GOS
DATE: 11/23/2021
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 317 Substitution of Work Experience for Postsecondary Educational Requirements
SPONSOR(S): DiCeglie
TIED BILLS: IDEN./SIM. BILLS: SB 514
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Government Operations Subcommittee Landry Toliver
2) Local Administration & Veterans Affairs
Subcommittee
3) State Affairs Committee
SUMMARY ANALYSIS
State agencies must make hiring decisions without regard to age, sex, color, religion, national origin, political
affiliation, marital status, or disability. Hiring decisions are determined based on an assessment of the specific
knowledge, skills, and abilities (KSAs) necessary for the successful performance of the position’s duties.
Candidates must also have any required licenses or certifications. The final employment selection decision is
the sole responsibility of the employing agency. Agencies must document the qualifications of the selected
candidate to ensure the candidate meets the minimum requirements specified by the employing agency, any
licensure or certification requirements, and possess the requisite KSAs for the position.
The bill allows an employing agency of the state, county, city, municipality, or political subdivision to substitute
verifiable, related work experience for postsecondary educational requirements of employment positions if the
candidate is otherwise qualified for the position. Work experience may not be substituted for any required
licensure or certification. If the employing agency elects to substitute related work experience, the agency must
include a notice that such substitution is authorized in all of the position’s advertisements. The advertisements
must also describe the related work experience equivalencies that may be substituted for postsecondary
educational requirements.
The bill does not appear to have a fiscal impact on state or local governments.
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DATE: 11/23/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
State Employment Policy
According to the employment policy of the state, conditions of employment in state government must
be made without regard to age, sex, color, religion, national origin, political affiliation, marital status, or
disability.
1
The state must also comply with the American Disabilities Act, Equal Employment
Opportunity laws, the Florida Civil Rights Act and the Fair Labor Standards Act.
2
The state and its
political subdivisions must also give preference to veterans for positions of employment.
3
State Hiring Process
The State of Florida’s employment process is decentralized, so each state agency is responsible for
their recruitment, selection, and hiring decisions.
4
However, recruitment of candidates for employment
must be done in a manner that assures open competition, while placing special emphasis on efforts to
attract minorities, women, or other groups that are underrepresented in the workforce of the employing
agency.
5
Selection of candidates for employment is based on an assessment of the specific
knowledge, skills, and abilities (KSAs) necessary for the successful performance of the position’s
duties.
6
After assembling a pool of candidates, an agency’s hiring official compares candidates’
education, experience, and any necessary license or certification requirements.
7
Candidates who
appear to possess the required KSAs and any required licensure or certifications will proceed further in
the selection process.
8
The hiring official then determines the candidates who will be asked to
participate in additional selection procedures, such as oral interviews or work sample exercises.
9
The
job-related information gained during the selection process assists the hiring official in making the final
selection decision. The final selection decision is the sole responsibility of the employing agency.
10
Agencies are required to document the qualifications of the selected candidate to ensure the candidate
meets the minimum requirements specified by the employing agency, any licensure or certification
requirements, and possess the requisite KSAs for the position.
11
Effect of the Bill
The bill allows an employing agency
12
of the state, county, city, municipality, or political subdivision to
substitute verifiable related work experience for postsecondary educational requirements of
employment positions if the candidate is otherwise qualified for the position. Work experience may not
be substituted for any required licensure or certification. If the employing agency elects to substitute
1
Section 110.105(2)(a), F.S.
2
State of Florida Employee Handbook, Department of Management Services, available at
https://www.dms.myflorida.com/workforce_operations/human_resource_management/for_state_personnel_system_hr_practitioners/e
mployment_policies_and_programs#EPP_EmpHndbk (last visited Nov. 22, 2021).
3
Section 296.07, F.S.
4
Job Candidate Program Manual, Division of Human Resource Management, Department of Management Services, available at
https://www.dms.myflorida.com/content/download/99277/573474/Job_Candidate_Program_Manual_Final_3-21-17.pdf (last visited
Nov. 22, 2021).
5
Section 110.211, F.S.
6
Supra note 2.
7
Id.
8
Id.
9
Id.
10
Section 110.211(1), F.S.
11
Section 110.213(2), F.S.
12
The bill defines “employing agency” to mean any agency or unit of government of the state or any county, city, municipality, or
political subdivision thereof, including special districts, that is authorized to employ personnel to carry out the responsibilities of the
agency or unit of government. STORAGE NAME: h0317.GOS PAGE: 3
DATE: 11/23/2021
related work experience, the agency must include a notice that such substitution is authorized in all of
the position’s advertisements. The advertisements must also describe the related work experience
equivalencies that may be substituted for postsecondary educational requirements.
B. SECTION DIRECTORY:
Section 1: Creates s. 112.219, F.S., relating to substitution of work experience for postsecondary
educational requirements.
Section 2: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not confer rulemaking authority nor require rulemaking.
STORAGE NAME: h0317.GOS PAGE: 4
DATE: 11/23/2021
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.