This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1109b.SAC
DATE: 3/31/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1109 Expanding Public Sector Career Opportunities
SPONSOR(S): State Affairs Committee, Constitutional Rights, Rule of Law & Government Operations
Subcommittee, Barnaby, Porras and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1310
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Constitutional Rights, Rule of Law &
Government Operations Subcommittee
15 Y, 0 N, As CS Wagoner Miller
2) State Affairs Committee 18 Y, 0 N, As CS Wagoner 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.
Qualified candidates must also have any required licenses, certifications, or registrations. Agencies must
document the qualifications of the selected candidate to ensure the candidate meets the minimum
requirements specified by the employing agency; meets any licensure, certification, or registration
requirements; and possesses the requisite KSAs for the position.
Local governments, such as counties, municipalities, and independent special districts, are responsible for
making their own hiring decisions subject to the requirements of the State Constitution and general law.
The bill creates the “Expanding Public Sector Career Opportunities Act.” The bill provides a correlation of
different postsecondary degrees that may be substituted for direct experience, both by public employers
considering an applicant and agencies procuring for contractual services.
The bill prohibits public employers from denying an applicant consideration for employment solely due to lack
of a postsecondary degree, with certain exceptions, and requires public employers to determine for each
employment position baseline requirements that an applicant must meet. A public employer may substitute
related work experience for educational requirements both when hiring employees and when procuring
contracts for certain services. The bill directs the Department of Management Services to adopt rules as
necessary to implement a process to review requests by applicants who are denied consideration for
employment or services contracts based solely on a lack of postsecondary education requirements and gives
the Public Employees Relations Commission jurisdiction to hear and decide such cases. The bill exempts from
its requirements executive branch appointments requiring Cabinet or Senate approval, as well as the
appointment of department heads, secretaries, and executive directors.
The bill may have an indeterminate fiscal impact on the Department of Management Services, but does not
appear to have a fiscal impact on local governments. See Fiscal Analysis.
STORAGE NAME: h1109b.SAC PAGE: 2
DATE: 3/31/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
State Employment Policy
According to the state’s employment policy, 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
own recruitment, selection, and hiring decisions.
7
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. After assembling
a pool of candidates, an agency’s hiring official compares candidates’ education, experience, and any
necessary license or certification requirements. Candidates who appear to possess the required KSAs
and any required licensure or certifications may proceed further in the selection process. 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 which is the sole responsibility of the employing agency.
10
Agencies must
document the qualifications of the selected candidate to ensure the candidate meets the minimum
requirements specified by the employing agency; meets any licensure, certification, or registration
requirements; and possesses the requisite KSAs for the position.
11
Current law authorizes the Department of Management Services (DMS), in consultation with agencies,
to create rules relating to employees and positions in the Career Service, including rules to provide
1
S. 110.105(2)(a), F.S. This policy applies to employment by officials, officers, commissions, boards, departments, or other entities of
the executive branch of state government. See s. 110.107(30), F.S. The legislative and judicial branches of state government may not
deprive any person of any right because of race, religion, national origin, or physical disability. Art. I, s. 2, Fla. Const.
2
U.S. Department of Labor, Employers' Responsibilities, Americans with Disabilities Act,
www.dol.gov/general/topic/disability/employersresponsibilities (last visited March 8, 2023).
3
U.S. Equal Employment Opportunity Commission, Overview,
www.eeoc.gov/overview#:~:text=The%20U.S.%20Equal%20Employment%20Opportunity,national%20origin%2C%20age%20(40%20or
(last visited March 8, 2023).
4
S. 760.02(7), F.S.
5
U.S. Department of Labor, Wages and the Fair Labor Standards Act, www.dol.gov/agencies/whd/flsa (last visited March 8, 2023).
6
S. 110.2135(1), 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
March 8, 2023). Employment with the legislative branch of state government is controlled exclusively by the Legislature and is under no
executive branch authority. S. 11.135, F.S. See also art. II, s. 3, art. III, s. 4, Fla. Const.
8
S. 110.211, F.S.
9
S. 110.213(2), F.S.
10
S. 110.213(1), F.S.
11
S. 110.213(2), F.S. STORAGE NAME: h1109b.SAC PAGE: 3
DATE: 3/31/2023
alternative requirements.
12
Current law also requires employing agencies to maintain a position
description of each authorized and established position within the agency, which must include a
description of the assigned duties and responsibilities, along with any other pertinent information
concerning the position. The position description serves as a record of the official assignment of duties
to the position.
13
Certain senior executive branch offices, such as department heads,
14
secretaries,
15
or executive
directors,
16
are filled by appointment, with some appointments subject to Cabinet or Senate approval.
17
Public Employees Relations Commission
The Public Employees Relations Commission (PERC) is responsible for resolving disputes between
public employees and public employers.
18
PERC has full authority to adopt rules necessary to
accomplish its duties.
19
PERC processes charges of unfair labor practices and charges relating to public employers or
employee organizations.
20
A charge of engaging in an unfair labor practice must be made in writing,
provide specific information, clearly and concisely state the facts of the matter, provide any other
relevant information, be signed, and be accompanied by a sworn statement supporting a prima facie
violation of the applicable labor law.
21
Upon receiving a charge of an unfair labor practice, the charge
and supporting evidence first are reviewed to determine if they establish a prima facie violation. If not,
the charge may be summarily dismissed by PERC, after which the parties are notified in writing. The
party making the charge may request review of the decision.
22
PERC is authorized to hear appeals and enter orders in matters under specific statutes
23
relating to
termination or transfer of State Career Service Employees aged 65 or older,
24
age discrimination,
25
and
reasons for not hiring a preferred veteran candidate.
26
These appeal proceedings before PERC are the
exclusive administrative review of such complaints
27
and are subject to judicial review.
28
12
S. 110.105(2)(a), F.S.
13
See s. 110.2035, F.S.
14
“Head of the department” means the individual under whom, or the board under which, direct administration of the department is
placed by statute. Where direct administration of a department is placed under an officer or board appointed by and serving at the
pleasure of the Governor, that officer or board remains subject to the Governor’s supervision and direction. S. 20.03(4), F.S.
15
“Secretary” means an individual who is appointed by the Governor to head a department and who is not otherwise named in the
State Constitution. S. 20.03(5), F.S.
16
“Executive director” means the chief administrative employee or officer of a department headed by a board or by the Governor and
the Cabinet. S. 20.03(6), F.S.
17
See art. IV, s. 6(a), Fla. Const.
18
S. 447.201(3), F.S.
19
S. 447.207(1)-(2), F.S.
20
S. 110.227(1), F.S. See ch. 60CC-5, F.A.C.
21
R. 60CC-5.001, F.A.C.
22
R. 60CC-5.002, F.A.C.
23
S. 447.207(9), F.S.
24
S. 110.124, F.S.
25
S. 112.044(4), F.S.
26
S. 295.11, F.S.
27
S. 447.207(10), F.S.
28
S. 447.504, F.S. STORAGE NAME: h1109b.SAC PAGE: 4
DATE: 3/31/2023
Local Government Personnel Process
As public employers,
29
counties, municipalities, school districts, and other local government entities are
responsible for their own hiring and personnel policies
30
subject to general law.
31
Substitution of Work Experience for Postsecondary Education Requirements
Current law allows the head of an employing agency
32
to substitute verifiable, related work experience
for postsecondary educational requirements for a position of employment if the candidate seeking the
position is otherwise qualified.
33
Work experience may not be substituted for any required licensure,
certification, or registration.
34
If an employing agency elects to substitute postsecondary education
requirements for related work experience, the agency must provide notice in all of the advertisements
for the position.
35
Competitive Solicitation for Commodities or Contractual Services
Florida law requires state agencies to use a competitive solicitation process
36
when procuring
commodities or contractual services in excess of $35,000.
37
A competitive solicitation is the process of
requesting and receiving two or more sealed bids, proposals, or replies submitted by responsive
vendors in accordance with the terms of a competitive process, regardless of procurement method.
38
Depending on the type of contract and scope of work or goods sought, an agency may use one of three
procurement methods:
Invitation to bid – An agency must use an invitation to bid if the agency can define the scope of
work or specific commodity sought.
39
Request for proposal – An agency must use a request for proposal when the purposes and
uses for the contractual service or commodity sought can be specifically defined and the agency
is capable of identifying necessary deliverables.
40
Invitation to negotiate – An invitation to negotiate is a solicitation used by an agency which is
intended to determine the best method for achieving a specific goal or solving a particular
problem.
41
Effect of Proposed Changes
The bill creates the “Expanding Public Sector Career Opportunities Act.” The bill provides a correlation
of different postsecondary degrees that may be substituted for direct experience, both by public
employers considering an applicant and by agencies procuring for contractual services.
29
“’Public employer’ means an entity within state, regional, county, local, or municipal government, whether executive, judicial, or
legislative, or any public school, community college, or state university that employs persons who perform labor or services for that
employer in exchange for salary, wages, or other remuneration or that enters or attempts to enter into a contract with a contractor.” S.
448.095(1)(i), F.S.
30
See, e.g., s. 125.01(3), F.S. (plenary authority of counties to hire employees); s. 125.74(1)(k), F.S. (authority of county administrator
to select and employ personnel); s. 166.021(1), F.S. (municipalities may exercise any power for municipal purposes); s. 189.031, F.S.
(charter of independent district must specify each power of the district); s. 1012.23, F.S. (district school board authority over personnel
matters).
31
Art. VIII, ss. 1(f), 1(g), 2(b), art. IX, s. 4(b), Fla. Const. See also s. 448.095, F.S.
32
“Employing agency” means 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. S.
112.219(5), F.S.
33
S. 112.219(1), F.S.
34
S. 112.219(2), F.S.
35
S. 112.219(3), F.S.
36
S. 287.057(1), F.S.
37
S. 287.017, F.S., creates five purchasing categories and their corresponding threshold amounts: Category One: $20,000; Category
Two: $35,000; Category Three: $65,000; Category Four: $195,000; Category Five: $325,000.
38
S. 287.012(6), F.S.
39
S. 287.057(1)(a), F.S.
40
S. 287.057(1)(b), F.S.
41
S. 287.057(1)(c), F.S. STORAGE NAME: h1109b.SAC PAGE: 5
DATE: 3/31/2023
The bill prohibits public employers from denying an applicant consideration for employment solely due
to lack of a postsecondary degree, with certain exceptions, and requires public employers to determine
for each employment position baseline requirements that an applicant must meet. “Direct experience” is
defined as any previous work experience where the applicant’s primary duties were consistent with the
employment they are seeking and the skills acquired are transferable. “Hiring consideration” means all
of the following:
A decision to offer an applicant an interview.
An interview held in good faith between the public employer and the applicant.
A decision to move an applicant to a subsequent round in the hiring process.
A decision to include the applicant on a list of applicants for consideration by another member of
the public employer.
A final offer of employment.
Public employers may use postsecondary degrees as part of the baseline requirements for a position
only as an alternative to the number of years of required direct experience. The bill allows the
substitution of two years of direct experience for an associate degree, four years of direct experience
for a bachelor’s degree, six years of direct experience for a master’s degree, seven years of direct
experience for a professional degree, and nine years of direct experience for a doctoral degree.
Agencies are authorized to use the same correlation of postsecondary degrees for required experience
when procuring contractual services. However, if the public employer or agency procuring for
contractual services substantiates the need for a particular postsecondary degree, direct experience
may not be substituted for such required degree.
At the request of an applicant eliminated from hiring consideration solely because of a lack of a
postsecondary degree, the Department of Management Services (DMS) must review the decision. The
bill requires DMS to review each request and upon completing the review, DMS must furnish a copy of
the review findings to the complainant and the employing agency involved. The bill provides that the
department’s actions do not constitute final agency action. The department may advise PERC as to the
merit or lack thereof of each requested review. PERC may agree with the department and dismiss the
complaint or may hear the matter and render a final decision.
The bill exempts executive branch appointments requiring confirmation by either the Cabinet or the
Senate, as well as the appointment of a head of a department, a secretary, or an executive director as
those terms are defined by s. 20.03, F.S.
B. SECTION DIRECTORY:
Section 1 establishes the “Expanding Public Sector Career Opportunities Act.”
Section 2 amends s. 112.219, F.S., relating to work experience substitution.
Section 3 creates s. 112.2195, F.S., relating to expanding public sector career opportunities.
Section 4 amends s. 287.057, F.S., relating to procurement of commodities or contractual services.
Section 5 amends s. 447.207, F.S., relating to jurisdiction and powers of PERC.
Section 6 provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures: STORAGE NAME: h1109b.SAC PAGE: 6
DATE: 3/31/2023
The bill will likely result in an increased workload to DMS because of the review process
established by the bill and an increase in workload for PERC associated with the complaint review
process.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR :
The bill may expand opportunities for employment or contracts for services with state, regional, or local
governments.
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 provides additional rulemaking authority for the Department of Management Services to
implement the new statutory requirements.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 22, 2023, the Constitutional Rights, Rule of Law & Government Operations Subcommittee adopted a
proposed committee substitute (PCS) and reported the bill favorably as a committee substitute. The PCS
revised the bill by creating the guiding criteria for substituting relevant experience for a postsecondary
education requirement for employment in a newly created s. 112.2195, F.S., and created s. 287.057(28), F.S.,
applying the requirement to consider relevant work experience in lieu of postsecondary educational
requirements in the procurement of contractual services.
On March 31, 2023, the State Affairs Committee adopted a strike-all amendment and reported the bill favorably
as a committee substitute. The amendment authorized PERC to review cases relating to applicants being
eliminated from hiring consideration solely because they lack a postsecondary degree. The amendment also STORAGE NAME: h1109b.SAC PAGE: 7
DATE: 3/31/2023
clarified that executive branch appointments requiring Cabinet or Senate approval, or appointments of
department heads, secretaries, or executive directors, are exempt from the changes made in the bill.
This analysis is drafted to the committee substitute as passed by the State Affairs Committee.