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SB855,21,218 230.32 (4) Any person appointed to fill the position of an employee on such
19military or civilian leave shall be designated as a substitute or replacement employee
20and upon the return and reemployment of the original employee the substitute
21employee shall be transferred to a similar position with the same employing agency
22if one is available, or if not, he or she shall be eligible for reinstatement or have the
23right of restoration in accordance with this subchapter and the rules of the director.
24The status of any person who is appointed to fill the place of an employee on military

1or civilian leave under this section shall be governed by the rules of the director
2pursuant thereto.
SB855,70 3Section 70. 230.34 (1) (a) (intro.) of the statutes is renumbered 230.34 (1) (a)
4and amended to read:
SB855,21,155 230.34 (1) (a) An employee with permanent status in class or an employee who
6has served with the state as an assistant district attorney or an assistant state public
7defender for a continuous period of 12 months or more may be removed, suspended
8without pay, discharged, reduced in base pay, or demoted only for just cause. It is just
9cause to remove, suspend without pay, discharge, reduce the base pay of, or demote
10an employee for work performance or personal conduct that is inadequate,
11unsuitable, or inferior, as determined by the appointing authority, but only after
12imposing progressive discipline that complies with the administrator's standards
13under s. 230.04 (13m). It is just cause to remove, suspend without pay, discharge,
14reduce the base pay of, or demote an employee without imposing progressive
15discipline for any of the following conduct:
SB855,71 16Section 71. 230.34 (1) (a) 1. to 9. of the statutes are repealed.
SB855,72 17Section 72. 230.34 (1) (am) of the statutes is amended to read:
SB855,22,218 230.34 (1) (am) If an employee fails to report for work as scheduled or to contact
19his or her supervisor, the appointing authority may discipline the employee. If an
20employee fails to report for work as scheduled, or to contact his or her supervisor for
21a minimum of 3 5 consecutive working days during a calendar year, the appointing
22authority shall consider the employee's position abandoned and may discipline the
23employee or treat the employee as having resigned his or her position. If the
24appointing authority decides to treat the position abandonment as a resignation, the

1appointing authority shall notify the employee in writing that the employee is being
2treated as having effectively resigned as of the end of the last day worked.
SB855,73 3Section 73. 230.34 (2) (intro.) of the statutes is amended to read:
SB855,22,104 230.34 (2) (intro.) Employees with permanent status in class in permanent,
5sessional and seasonal positions in the classified service and employees serving a
6probationary period in such positions after promotion or transfer may be laid off
7because of a reduction in force due to a stoppage or lack of work or funds or owing to
8material changes in duties or organization but only after all original appointment
9probationary and limited term employees in the classes used for layoff, are
10terminated
.
SB855,74 11Section 74. 230.34 (2) (a) of the statutes is repealed and recreated to read:
SB855,22,1312 230.34 (2) (a) The order of layoff of such employees may be determined by
13seniority or performance or a combination thereof or by other factors.
SB855,75 14Section 75. 230.34 (2) (b) of the statutes is repealed and recreated to read:
SB855,22,1915 230.34 (2) (b) The director shall promulgate rules governing layoffs and
16appeals therefrom and alternative procedures in lieu of layoff to include voluntary
17and involuntary demotion and the exercise of a displacing right to a comparable or
18lower class, as well as the subsequent employee right of restoration or eligibility for
19reinstatement.
SB855,76 20Section 76. 230.35 (3) (d) of the statutes is amended to read:
SB855,22,2421 230.35 (3) (d) Employees of the state are entitled to reasonable paid leaves of
22absence to compete in promotional evaluations examinations and interviews. The
23administrator shall promulgate rules governing the lengths of time allowable for
24such leaves, their frequency and the provisions for their use.
SB855,77 25Section 77. 230.37 (1) of the statutes is amended to read:
SB855,23,9
1230.37 (1) In cooperation with appointing authorities the administrator shall
2establish an employee performance evaluation program to provide a continuing
3record of employee development and, when applicable, to serve as a basis for
4pertinent personnel actions. Under the employee performance evaluation program
5established under this subsection, the administrator shall require each appointing
6authority to conduct at least an annual performance evaluation of each employee
7appointed by the appointing authority.
Similar evaluations shall be conducted
8during the probationary period but may not infringe upon the authority of the
9appointing authority to retain or dismiss employees during the probationary period.
SB855,78 10Section 78. 230.40 (3) of the statutes is created to read:
SB855,23,1411 230.40 (3) A person who separates from the classified service to fill an elective
12position shall have reinstatement privileges for 5 years following termination from
13the classified service or for one year following termination from the elective position,
14whichever is longer.
SB855,79 15Section 79. 230.43 (1) (title) of the statutes is amended to read:
SB855,23,1716 230.43 (1) (title) Hiring process; obstruction Obstruction or falsifications
17of examinations.
SB855,80 18Section 80. 230.43 (1) (am) of the statutes is amended to read:
SB855,23,2119 230.43 (1) (am) Willfully defeats, deceives or obstructs any person in respect
20of the rights of application examination or registration under this subchapter or any
21rules prescribed pursuant thereto.
SB855,81 22Section 81. 230.43 (1) (b) of the statutes is amended to read:
SB855,24,223 230.43 (1) (b) Willfully or corruptly, falsely marks, grades, estimates, or reports
24upon an application or resume examination, or proper standing of any person

1evaluated examined, registered, or certified, pursuant to this subchapter, or aids in
2so doing.
SB855,82 3Section 82. 230.43 (1) (c) of the statutes is amended to read:
SB855,24,54 230.43 (1) (c) Willfully or corruptly makes any false representations concerning
5the same, or concerning an applicant the person examined.
SB855,83 6Section 83. 230.43 (1) (d) of the statutes is amended to read:
SB855,24,107 230.43 (1) (d) Willfully or corruptly furnishes any person any special or secret
8information for the purpose of either improving or injuring the prospects or chances
9of any persons so evaluated examined, registered, or certified, being appointed,
10employed, or promoted.
SB855,84 11Section 84. 230.43 (1) (e) of the statutes is amended to read:
SB855,24,1412 230.43 (1) (e) Personates any other person, or permits or aids in any manner
13any other person to personate him or her in connection with any examination,
14registration, application, or request to be evaluated examined or registered.
SB855,85 15Section 85. 230.43 (5) of the statutes is amended to read:
SB855,24,2416 230.43 (5) Taxpayers' suits. The right of any taxpayer to bring any action to
17restrain the payment of compensation to any person appointed to or holding any
18office or place of employment in violation of this subchapter shall not be limited or
19denied by reason of the fact that the office or place of employment has been classified
20as, or determined to be, not subject to a competitive hiring process examination;
21however, any judgment or injunction in any such action shall be prospective only, and
22shall not affect payments already made or due to such persons by the proper
23disbursing officers, in accordance with the rules of the administrator in force at the
24time of such payments.
SB855,86 25Section 86. 230.44 (1) (c) of the statutes is amended to read:
SB855,25,7
1230.44 (1) (c) Demotion, layoff, suspension or discharge. If an employee has
2permanent status in class, or an employee has served with the state as an assistant
3district attorney or an assistant state public defender for a continuous period of 12
4months or more, the employee may appeal a demotion, layoff, suspension, discharge
5or reduction in base pay to the commission as the final step in the state employee
6grievance process procedure established under s. 230.445 230.04 (14), if the appeal
7alleges that the decision was not based on just cause.
SB855,87 8Section 87. 230.44 (1) (e) of the statutes is amended to read:
SB855,25,139 230.44 (1) (e) Discretionary performance awards. This subsection does not
10apply to decisions of an appointing authority relating to discretionary performance
11awards under s. 230.12 (5) or under the discretionary merit award program
12established under s. 230.04 (19)
, including the evaluation methodology and results
13used to determine the award or the amount awarded.
SB855,88 14Section 88. 230.445 of the statutes is repealed.
SB855,89 15Section 89. 321.65 (3) (g) of the statutes is amended to read:
SB855,25,2016 321.65 (3) (g) Veterans preferences. The right of a person to reemployment
17under this subsection does not entitle the person to retention, preference, or
18displacement rights over any person who has a superior claim under s. 45.03 (4),
1962.13 (4) (d), 63.08 (1) (f) or (fm), 63.37, 63.39 (2m), 66.0509 (1), 230.15 (2m), 230.16
20(7) or (7m), 230.21 (1m), 230.25, or 230.275.
SB855,90 21Section 90. Initial applicability.
SB855,25,2422 (1) Hiring preferences for veterans. The treatment of ss. 63.08 (1) (fm) and
23230.25 (1g) and (1m) first applies to a position that is posted on the effective date of
24this subsection.
SB855,26,2
1(2) Probationary periods. The treatment of s. 230.28 (1) (a), (am), and (c) first
2applies to a probationary period that begins on the effective date of this subsection.
SB855,26,53 (3) Standards for adverse employment actions. The treatment of s. 230.34 (1)
4(a) (intro.) and (am) first applies to employee discipline for conduct that occurs on the
5effective date of this subsection.
SB855,26,76 (4) Grievance procedures. The treatment of s. 230.44 (1) (c) first applies to an
7action taken against an employee on the effective date of this subsection.
SB855,26,108 (5) Reinstatement privileges, separation from classified service. The
9treatment of s. 230.40 (3) first applies to a person who separates from the classified
10service on the effective date of this subsection.
SB855,26,1111 (End)
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