This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0317c.LAV
DATE: 1/13/2022
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 13 Y, 0 N Landry Toliver
2) Local Administration & Veterans Affairs
Subcommittee
15 Y, 0 N Darden Miller
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 the state, counties, municipalities, special districts, and political subdivisions of the state 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 use the alternative of related work
experience, the agency must include in all advertisements for the position a notice that such substitution is
authorized. 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.
STORAGE NAME: h0317c.LAV PAGE: 2
DATE: 1/13/2022
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 with Disabilities Act, Equal Employment
Opportunity Act, 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, municipality, special district, or other 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
S. 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
S. 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
S. 110.211, F.S.
6
State of Florida Employee Handbook, supra note 2.
7
Id.
8
Id.
9
Id.
10
S. 110.211(1), F.S.
11
S. 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: h0317c.LAV PAGE: 3
DATE: 1/13/2022
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 neither authorizes nor requires administrative rulemaking by executive branch agencies.
STORAGE NAME: h0317c.LAV PAGE: 4
DATE: 1/13/2022
C. DRAFTING ISSUES OR OTHER COMMENTS:
At lines 41-46, the bill defines an “employment agency” as “any agency or unit of government of the
state or any county, city, municipality, or political subdivision thereof, including special districts.” Since
the terms “city” and “municipality” are synonymous under Florida law, it may be unnecessary to include
both terms.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.