The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 1310
INTRODUCER: Community Affairs Committee and Senator DiCeglie and others
SUBJECT: Substitution of Work Experience for Postsecondary Education Requirements
DATE: April 21, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McVaney McVaney GO Favorable
2. Hunter Ryon CA Fav/CS
3. McVaney Twogood RC Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1310 requires public employers (state agencies and branches, state universities and public
colleges, counties, cities, special districts, school boards, and all other governmental entities) to
prioritize direct work experience over postsecondary education in their hiring considerations.
Postsecondary education may be considered in hiring decisions only (a) as an alternative for
direct work experience or (b) if the position requires advanced accreditation or licensure that is
available only to a person holding a specific postsecondary degree.
The bill grants authority to the Department of Management Services to enforce the new
requirements either (a) through appeals by applicants who allege the lack of a postsecondary
degree is the sole basis for the applicant not being hired by the public employer or (b) notices
from any person that a job posting for a public sector job required a postsecondary degree
without including information justifying the requirement for the degree.
The bill’s impact state or local government revenues and expenditures is indeterminate.
However, the Department of Management Services may incur costs associated the resolution of
appeals and reports of noncompliance by public employers.
The bill takes effect July 1, 2023.
REVISED: BILL: CS/SB 1310 Page 2
II. Present Situation:
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’s employment process is decentralized with each state agency being responsible for its
recruitment, selection, and hiring decisions.
7
Selection of candidates for employment is based on
an assessment of the specific knowledge, skills, and abilities necessary for the successful
performance of the position’s duties.
8
After assembling a pool of candidates, an agency’s hiring
official compares candidates’ education, experience, and any necessary license or certification
requirements.
9
Candidates who appear to possess the required knowledge, skills, abilities,
licensure and certifications will proceed further in the selection process.
10
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.
11
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.
12
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 requisites for the position.
13
Section 110.201 F.S., authorizes the Department of Management Services (DMS), in
consultation with agencies, to create rules relating to employees and positions in the Career
1
Section 110.105(2)(a), F.S.
2
U.S. Department of Labor, Employers' Responsibilities, Americans with Disabilities Act, available at
https://www.dol.gov/general/topic/disability/employersresponsibilities (last visited Mar. 25, 2023).
3
U.S. Equal Employment Opportunity Commission, Overview, available at
https://www.eeoc.gov/overview#:~:text=The%20U.S.%20Equal%20Employment%20Opportunity,national%20origin%2C%
20age%2%200(40%20or (last visited Mar. 25, 2023).
4
Section 760.02(7), F.S.
5
U.S. Department of Labor, Wages and the Fair Labor Standards Act, available at https://www.dol.gov/agencies/whd/flsa
(last visited Mar. 25, 2023).
6
Section 296.07, F.S.
7
DMS, Job Candidate Program Manual, Division of Human Resource Management, available at
https://www.dms.myflorida.com/content/download/99277/573474/Job_Candidate_Program_Manua l_Final_3-21-17.pdf (last
visited Mar. 25, 2023).
8
Id.
9
Id.
10
Id.
11
Id.
12
Section 110.211(1), F.S.
13
Section 110.213(2), F.S. BILL: CS/SB 1310 Page 3
Service.
14
The statute allows the DMS to adopt rules providing alternative requirements. Section
110.2035, F.S., requires employing agencies to maintain, on a current basis, a position
description of each authorized and established position within the agency. The position
description must include a description of the assigned duties and responsibilities, along with any
other pertinent information concerning the position.
15
The position description serve as a record
of the official assignment of duties to the position.
16
The DMS has established rules
17
that provide agencies with discretion to establish the duties for
any given position, which includes:
An accurate description of the duties and responsibilities assigned to the position;
The job related knowledge, skills, and abilities;
Any licensure, certification, or registration; and
Any position designators.
18
County and Municipal Powers
Section 125.74, F.S., of the County Administration Law of 1974, enumerates specific powers
and duties which the county administrator possesses, including the power to recommend to the
board of county commissioners (Board) position classifications and pay plans for all positions in
county service. The county administrator is also responsible for selecting, employing, and
supervising all personnel, and filling all vacancies, positions, or employment under the
jurisdiction of the Board, although the employment of department heads requires confirmation
by the Board.
19
Section 166.021, F.S., of Florida’s Municipal Home Rule Powers Act, contains general
provisions that govern the exercise of municipal powers under the framework established in
article VIII, section 2(b) of the Florida Constitution. Section 166.021(1), F.S., grants
municipalities the governmental, corporate, and proprietary powers to enable them to conduct
municipal government, perform municipal functions, and render municipal services. The statute
grants municipalities the ability to exercise any power for municipal purposes, except when
expressly prohibited by law.
20
Hiring Authority of Elected Officers
Section 27.25, F.S., grants the state attorney the authority to employ assistant state attorneys, an
executive director, and other staff.
Section 27.53, F.S., grants the public defender the authority to employ assistant public defenders
and other staff.
14
The Career Service system provides uniform pay, job classifications, benefits and recruitment for the majority of non-
management jobs within state agencies.
15
Section 110.2035(5)(a), F.S.
16
Id.
17
Rule 60L-31.003, F.A.C.
18
Rule 60L-31.003(1), F.A.C.
19
Section 125.74(k), F.S.
20
Section 166.021(a), F.S. BILL: CS/SB 1310 Page 4
Section 28.06, F.S., grants the clerk of the court the authority to appoint a deputy or deputies.
Section 30.53, F.S., preserves the independence of sheriffs concerning the purchase of supplies
and equipment, selection of personnel, and the hiring, firing, and setting of salaries of such
personnel.
Authority of Special Districts
A “special district” is a unit of local government created for a special purpose operating within a
limited geographic boundary.
21
Special districts are created by general law, special act, local
ordinance, or administrative rule of the Governor and Cabinet.
22
Special districts are created to
provide a wide variety of services, such as mosquito control,
23
children’s services,
24
fire control
and rescue,
25
and drainage and water control.
26
Special districts cooperate and coordinate their activities within the units of general-purpose
local government in which they are located.
27
Chapter 189, F.S., does not expressly provide
special districts the authority to employ people or the ability to set out any requirements
regarding education or work experience.
Substitution of work experience for postsecondary educational requirements
Section 112.219, F.S., allows an employing agency to substitute equivalent work experience in
lieu of a postsecondary education. Work experience may not be substituted for any required
licensure, certification, or registration as established by the agency and indicated on the position
description. The section requires any employing agency that elects to substitute work experience
for post-secondary education to include a notice in the job advertisement that substitution is
authorized and a description of what education and work experience equivalencies apply. This
section does not abridge state and federal laws and regulations governing equal opportunity
employment.
This section defines the term “employing agency” to mean any agency or unit of government of
the state or any county, municipality, or political subdivision thereof, including special districts,
authorized to employ personnel to carry out the responsibilities of the agency or unit of
government.
Veteran Preference in Hiring and Retention
Section 295.07, F.S., directs the state and its political subdivisions to give preference to disabled
veterans, spouses, widows and widowers of veterans, and current members of the reserve
component of the United State Armed Forces or the Florida National Guard. The state and its
21
Section 189.012(6), F.S.
22
Id.
23
Section 388.021(1), F.S.
24
Section 125.901(1), F.S
25
Section 191.002, F.S.
26
Section 298.01, F.S
27
Section 189.011(3), F.S. BILL: CS/SB 1310 Page 5
political subdivisions may waive postsecondary educational requirements if the veteran or
current member of the armed forces is otherwise qualified for the position.
Section 295.11, F.S., authorizes the Department of Veterans’ Affairs (DVA) to investigate any
complaint that indicates a person has applied for a job with the state or a political subdivision
and the job was awarded to a nonveteran. The DVA issues its opinion as to the merit or lack of
merit to the parties and to the Public Employees Relation Commission (PERC). If the DVA
opines that the claim lacks merit and the PERC agrees, no hearing is necessary. Otherwise, the
PERC will hold a hearing and render a decision that is deemed final agency action.
Public Employees Relations Commission
The PERC is created by law,
28
consisting of a chair and two other members to be appointed by
the Governor, subject to confirmation by the Senate. Relevant to this discussion, the PERC is
authorized to hear appeals relating to certain employers not employing a preferred veteran
applicant.
29
The appeal hearing must be held within 30 days of the filing of the claim, unless an
extension of time is granted for good cause.
30
III. Effect of Proposed Changes:
Section 1 provides that this act may be cited as the “Expanding Public Sector Career
Opportunities Act.”
Section 2 amends s. 112.219, F.S., to use the term “public employer”
31
instead of “employing
agency,” in the context of allowing such employers to substitute work experience for
postsecondary educational requirements.
Section 3 creates s. 112.2195, F.S., to establish a policy on the way a public employer considers
applicants.
A public employer must determine for each position the baseline requirements that an applicant
must meet. The baseline requirements may include:
Prior direct experience or specified certifications or courses; and
A postsecondary degree, only as an alternative to the number of years of direct experience,
ranging two to nine years depending on the level of the degree.
A public employer may not deny consideration of an applicant solely on the basis of the
applicant lacking a postsecondary degree unless the public employer clearly demonstrates that
the job duties require a postsecondary degree. In the job posting, the public employer must
substantiate the necessity for the postsecondary degree on the basis that the degree is the best
28
Section 447.205, F.S.
29
Section 447.207(9)(c), F.S.
30
Section 447.208(1), F.S.
31
“Public employer” is defined in s. 448.095(1)(i), F.S., as 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.
BILL: CS/SB 1310 Page 6
measure to determine whether an applicant possesses the specific skills required for the job or
that the position requires advanced accreditation or licensure only available to a person who
holds a specific postsecondary degree.
If an applicant is eliminated from a hiring consideration solely because of the lack of a
postsecondary degree, the applicant may appeal the decision to the Department of Management
Services (DMS).
A person (not limited to an applicant) may report to the DMS any job postings by a public
employer which require a postsecondary degree, but fail to include the information substantiating
the necessity of the degree.
If an appeal by an applicant or a report by a person are substantiated by the DMS, the public
employer must reopen the hiring process, modify the job posting, or take other action as directed
by the DMS.
None of these requirements apply to political appointments (undefined) or other positions hired
by elected representatives in this state.
Section 4 amends s. 287.057, F.S., to allow an agency
32
to substitute verifiable, related work
experience in lieu of postsecondary educational requirements for a contract for services if the
person seeking to contract is otherwise qualified for the position.
Section 5 provides that the bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The mandate restrictions do not apply because the bill does not require
counties and municipalities to spend funds, reduce counties’ or municipalities’ ability to
raise revenue, or reduce the percentage of state tax shared with counties and
municipalities.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
32
“Agency” is defined in s. 287.012(1), F.S., as any of the various state officers, departments, boards, commissions,
divisions, bureaus, and councils and any other unit of organization, however designated, of the executive branch of state
government. The term does not include the university and college boards of trustees or the state universities and colleges. BILL: CS/SB 1310 Page 7
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The overall impact on state and local government expenditures is indeterminate. Public
employers will experience incur some additional workload in modifying position
descriptions and reviewing knowledge, skills, and abilities of each position to determine
whether a postsecondary degree is a necessary requirement in hiring considerations.
Public employers who choose to require a postsecondary degree in its hiring
considerations may incur new costs associated with appeals from applicants and others.
The DMS will incur additional cost associated with addressing the appeals from
unsuccessful applicants and those persons reporting a job notice not in compliance with
the new requirements.
VI. Technical Deficiencies:
On lines 137 through 139, the bill exempts from its application “political appointments or other
employment positions hired by elected representatives in this state.” The bill does not define
“political appointments.” Consideration should be given to defining the term so that public
employers and the DMS will not incur the cost of appeals or reports of noncompliance.
In terms of the “other employment positions hired by elected representatives in this state”
appears to exempt employees of the clerks of court, the sheriffs, the state attorneys and public
defenders, the Legislature, and the Executive Office of the Governor, and potentially some
portion of the employees of the Department of Financial Services (hired by the Chief Financial
Officer), the Department of Agriculture and Consumer Services (hired by the Commissioner of
Agriculture), the Department of Legal Affairs (hired by the Attorney General). If the exemption,
as described above, is intended to be interpreted more broadly or more narrowly, consideration
should be given to more concisely define the exemption.
VII. Related Issues:
None. BILL: CS/SB 1310 Page 8
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 112.2195 and
112.219, and 287.057.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Community Affairs on March 29, 2023:
The committee substitute:
Amends ch. 112, F.S., rather than ch. 110, F.S., to establish the new policy for
considering applicants for public employment opportunities.
Replaces the term “employing agency” with “public employer” in s. 112.219, F.S.
Moves the bill provisions allowing an agency to substitute work experience in lieu of
postsecondary education for contracts for services to the procurement statute in
ch. 287, F.S., and omits verbiage pertaining to licensure requirements.
B. Amendments:
None
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.