HB 1109 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to expanding public sector career 2
opportunities; providing a short title; creating s. 3
110.1075, F.S.; providing definitions; providing 4
requirements for hiring considerations by public 5
employers; providing an exception; providing that a 6
postsecondary degree may be a baseline requirement 7
under a certain circumstance; authorizing an applicant 8
to appeal a hiring consideration to the Departmen t of 9
Management Services; providing that certain reports 10
may be made to the department; providing remedies if 11
the department substantiates an appeal or report; 12
providing applicability; requiring rulemaking; 13
amending s. 112.219, F.S.; removing obsolete lang uage; 14
authorizing the head of an employing agency to elect 15
to substitute certain work experience for 16
postsecondary educational requirements for a person 17
seeking to enter into a contract with the employing 18
agency under certain circumstances ; prohibiting the 19
substitution of work experience for certain 20
postsecondary educational requirements; providing an 21
effective date. 22
23
Be It Enacted by the Legislature of the State of Florida: 24
25
HB 1109 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 1. This act may be cited as the "Expanding Public 26
Sector Career Opportunities Act." 27
Section 2. Section 110.1075, Florida Statutes, is created 28
to read: 29
110.1075 Expanding public sector career opportunities. — 30
(1) For purposes of this section, the term: 31
(a) "Applicant" means a person seeking gainful employment 32
from a public employer. 33
(b) "Baseline requirement" means the minimum skills or 34
previous training or experience required to satisfactorily 35
perform the primary duties of an employment position. 36
(c) "Direct experience" means any previous work experience 37
during which: 38
1. The applicant's primary duties were consistent with the 39
employment position he or she is currently seeking; or 40
2. The skills required for the applicant's primary duties 41
are transferable to the employment position he or she is 42
currently seeking. 43
(d) "Hiring consideration" means all of the following: 44
1. A decision to offer an applicant an interview. 45
2. An interview held in good faith between the public 46
employer and the applicant. 47
3. A decision to move an applicant to a subsequent round 48
in the hiring process. 49
4. A decision to include the applicant on a list of 50
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applicants for consideration by another member of the public 51
employer. 52
5. A final offer of employment. 53
(e) "Postsecondary degree" means an associate degree, a 54
bachelor's degree, or a graduate degree earned from an 55
accredited college or university. 56
(f) "Public employer" has the same meaning as in s. 57
448.095(1). 58
(2) Both of the following apply for hiring considerations 59
by public employers: 60
(a) A public employer may not deny consideration to an 61
applicant solely on the basis of the applicant lacking a 62
postsecondary degree. 63
(b) A public employer shall determine for each employment 64
position baseline requirements that an applicant must meet. 65
Prior direct experience or specified certifications or courses 66
may be included as a baseline requirement. A postsecondary 67
degree may only be included as a baseline requirement as 68
provided in subsection (4). 69
(3) Paragraph (2)(a) does not apply if a public employer 70
clearly demonstrates that the job duties of the employment 71
position require a postsecondary degree. In the job posting, a 72
public employer must substantiate the necessity of a 73
postsecondary degree on the basis that the postse condary degree 74
is the best measure to determine if an applicant possesses 75
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specific skills required for the job or that the employment 76
position requires advanced accreditation or licensure that is 77
only available to a person who holds a specific postsecondar y 78
degree. 79
(4) A public employer may include a postsecondary degree 80
as a baseline requirement only as an alternative to the number 81
of years of direct experience required, not to exceed: 82
(a) Two years of direct experience for an associate 83
degree; 84
(b) Four years of direct experience for a bachelor's 85
degree; 86
(c) Six years of direct experience for a master's degree; 87
(d) Seven years of direct experience for a professional 88
degree; or 89
(e) Nine years of direct experience for a doctoral degree. 90
(5)(a) An applicant who is eliminated from a hiring 91
consideration solely because the applicant lacks a postsecondary 92
degree may appeal such decision to the department. 93
(b) A person may report to the department any job postings 94
by a public employer which require a postsecondary degree but 95
fail to include the information required under subsection (3). 96
(c) If an appeal or report is substantiated by the 97
department, the public employer must reopen the hiring process, 98
modify the job posting, or take other action as d irected by the 99
department. 100
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(6) This section does not apply to political appointments 101
or other employment positions hired by elected representatives 102
in the state. 103
(7) The department shall adopt rules to implement the 104
requirements of subsection (5). 105
Section 3. Subsections (4) and (5) of section 112.219, 106
Florida Statutes, are renumbered as subsections (5) and (6), 107
respectively, subsection (1) is amended, and a new subsection 108
(4) is added to that section, to read: 109
112.219 Substitution of work experien ce for postsecondary 110
educational requirements. — 111
(1) Beginning July 1, 2022, The head of an employing 112
agency may elect to substitute verifiable, related work 113
experience in lieu of postsecondary educational requirements for 114
a position of employment if the person seeking the position of 115
employment is otherwise qualified for such position. 116
(4)(a) The head of an employing agency may elect to 117
substitute verifiable, related work experience in lieu of 118
postsecondary educational requirements for a contract for th e 119
performance of services with the employing agency if the person 120
seeking to enter the contract with the employing agency is 121
otherwise qualified for such position. 122
(b) Related work experience may not substitute for any 123
licensure, certification, or regist ration required for the 124
contract as established by the employing agency and indicated in 125
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the advertised description of the contract. 126
Section 4. This act shall take effect July 1, 2023. 127