This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1109z.CRG.DOCX
DATE: 5/15/2023
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/CS/HB 1109 Substitution of Work Experience for Postsecondary Education Requirements
SPONSOR(S): State Affairs Committee and Constitutional Rights, Rule of Law & Government Operations
Subcommittee, Barnaby, Porras, and others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1310
FINAL HOUSE FLOOR ACTION: 114 Y’s
0 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
CS/CS/HB 1109 passed the House on May 3, 2023, as CS/CS/SB 1310.
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,” which provides that a public employer
may only include a postsecondary degree as a baseline requirement for a job as an alternative to a specified
number of years of direct experience to qualify for the job. The bill specifies the number of years that may be
substitute for an associate degree, a bachelor’s degree, a master’s degree, a professional degree, and a
doctoral degree.
The bill also allows an agency to substitute verifiable, related work experience in lieu of postsecondary
educational requirements when contracting for services if the person seeking the contract is otherwise qualified
for such contract.
The bill does not appear to have a fiscal impact on state or local governments.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2023.
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DATE: 5/15/2023
I. SUBSTANTIVE INFORMATION
A. EFFECT OF 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
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.
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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
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
Local Government Personnel Process
As public employers,
18
counties, municipalities, school districts, and other local government entities are
responsible for their own hiring and personnel policies
19
subject to general law.
20
Substitution of Work Experience for Postsecondary Education Requirements
Current law allows the head of an employing agency
21
to substitute verifiable, related work experience
for postsecondary educational requirements for a position of employment if the candidate seeking the
position is otherwise qualified.
22
Work experience may not be substituted for any required licensure,
certification, or registration.
23
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.
24
Competitive Solicitation for Commodities or Contractual Services
Florida law requires state agencies to use a competitive solicitation process
25
when procuring
commodities or contractual services in excess of $35,000.
26
A competitive solicitation is the process of
requesting and receiving two or more sealed bids, proposals, or replies submitted by responsive
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
“’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.
19
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).
20
Art. VIII, ss. 1(f), 1(g), 2(b), art. IX, s. 4(b), Fla. Const. See also s. 448.095, F.S.
21
“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.
22
S. 112.219(1), F.S.
23
S. 112.219(2), F.S.
24
S. 112.219(3), F.S.
25
S. 287.057(1), F.S.
26
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.
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vendors in accordance with the terms of a competitive process, regardless of procurement method.
27
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.
28
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.
29
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.
30
Effect of Proposed Changes
The bill creates the “Expanding Public Sector Career Opportunities Act.” The bill limits a public
employer
31
may only include a postsecondary degree
32
as a baseline requirement for a job except as
an alternative to a specified number of years of direct experience to qualify for the job. The number of
years of direct experience required may not exceed:
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; or
Nine years of experience for a doctoral degree.
The bill also allows an agency
33
to substitute verifiable, related work experience in lieu of
postsecondary educational requirements when contracting for services if the person seeking the
contract is otherwise qualified for such contract.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
27
S. 287.012(6), F.S.
28
S. 287.057(1)(a), F.S.
29
S. 287.057(1)(b), F.S.
30
S. 287.057(1)(c), F.S.
31
The bill defines “public employer” to mean “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.
32
The bill defines “postsecondary degree” to mean an associate degree, a bachelor’s degree, or a graduate degree from an accredited
college or university.
33
Section 287.012(1), F.S., defines the term “agency” to mean any of the various state officers, departments, boards, commissions,
divisions, bureaus, and councils and any other unit of organization of the executive branch of state government, but does not include
the university and college boards of trustees or the state universities and colleges.
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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.