This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0317e.SAC
DATE: 1/20/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 317 Substitution of Work Experience for Postsecondary Educational Requirements
SPONSOR(S): State Affairs Committee, DiCeglie and others
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 20 Y, 0 N, As CS Landry Williamson
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, certifications, or registrations. 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, certification, or registration requirements, and possess the requisite
KSAs for the position.
The bill allows an employing agency of the state or its political subdivisions to substitute verifiable, related work
experience for postsecondary educational requirements for employment positions if the candidate is otherwise
qualified for the position. Work experience may not be substituted for any required licensure, certification, or
registration. If the employing agency elects to substitute related work experience for postsecondary
educational requirements, the employing 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: h0317e.SAC PAGE: 2
DATE: 1/20/2022
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 and its political subdivisions must comply with the Americans with Disabilities Act,
2
Equal Employment Opportunity Act,
3
Florida Civil Rights Act,
4
and Fair Labor Standards Act.
5
In
addition, the state and its political subdivisions must give preference to veterans for positions of
employment.
6
State Hiring Process
The State of Florida’s employment process is decentralized, so each state agency is responsible for its
recruitment, selection, and hiring decisions.
7
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.
8
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.
9
After assembling a pool of candidates, an agency’s hiring official compares candidates’
education, experience, and any necessary license or certification requirements.
10
Candidates who
appear to possess the required KSAs and any required licensure or certifications will proceed further in
the selection process.
11
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.
12
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.
13
Agencies must document the qualifications of the selected candidate to ensure the candidate meets the
minimum requirements specified by the employing agency, any licensure, certification, or registration
requirements, and possesses the requisite KSAs for the position.
14
Effect of the Bill
1
S. 110.105(2)(a), F.S.
2
U.S. Department of Labor, Employers' Responsibilities, Americans with Disabilities Act,
https://www.dol.gov/general/topic/disability/employersresponsibilities (last visited Jan. 18, 2022).
3
U.S. Equal Employment Opportunity Commission, Overview,
https://www.eeoc.gov/overview#:~:text=The%20U.S.%20Equal%20Employment%20Opportunity,national%20origin%2C%20age%2
0(40%20or (last visited Jan. 18, 2022).
4
S. 760.02(7), F.S.
5
U.S. Department of Labor, Wages and the Fair Labor Standards Act, https://www.dol.gov/agencies/whd/flsa (last visited Jan. 18,
2022).
6
S. 296.07, F.S.
7
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).
8
S. 110.211, F.S.
9
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).
10
Id.
11
Id.
12
Id.
13
S. 110.211(1), F.S.
14
S. 110.213(2), F.S. STORAGE NAME: h0317e.SAC PAGE: 3
DATE: 1/20/2022
Beginning July 1, 2022, the bill allows the head of an employing agency
15
to substitute verifiable,
related work experience for postsecondary educational requirements for an employment position if the
candidate is otherwise qualified for the position. Work experience may not be substituted for any
required licensure, certification, or registration. If the head of an employing agency elects to substitute
related work experience for postsecondary educational requirements, the employing 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.
15
The bill defines “employing agency” to mean any agency or unit of government of the state or any county, 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: h0317e.SAC PAGE: 4
DATE: 1/20/2022
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither authorizes nor requires administrative rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANG ES
On January 20, 2022, the State Affairs Committee adopted an amendment and reported the bill favorably
as a committee substitute. The amendment removes the word “city” from the definition of an “employment
agency.” The definition already includes the word “municipality.”
The analysis is drafted to the committee substitute as approved by the State Affairs Committee.