1998 Florida Code
TITLE X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 110 State Employment  
PART I GENERAL STATE EMPLOYMENT PROVISIONS (ss. 110.105-110.191)
110.1165   Executive branch personnel errors.

1110.1165  Executive branch personnel errors.--

(1)  An agency of the executive branch, including the State University System, shall establish procedures for the receipt, consideration, and disposition of a claim regarding pay or benefits brought by an employee when that employee is damaged as a result of being provided with erroneous written information by the employing agency regarding his or her pay or benefits, and the employee detrimentally relies upon such written information. In order to qualify for the relief provided by this section, the employee's reliance on the representation must have been reasonable and based only upon the written representations made by those persons authorized by the agency head to make such representations. Furthermore, the erroneous calculation and payment of an employee's salary, wages, or benefits is not among the written representations which will trigger relief under this section. Section 95.11(4) is the statute of limitations for filing any action to recover salary, wages, overtime, benefits, or related damages by or on behalf of a state employee, or any action under this section. No distinctions between the terms "salary" and "wages" in construing the provisions of s. 95.11(4) apply to this section or the statute of limitations for filing any action under this section.

(2)  An agency of the executive branch, including the State University System, is authorized to take such action as may be appropriate to provide a remedy for an employee concerning his or her claim regarding detrimental reliance on erroneous written information provided by the employing agency relating to pay and benefits, provided such remedy is within the purview of the agency's authority. The agency has no authority whatsoever to modify the state retirement system or the state insurance program. Any monetary remedy afforded by the agency must fall within the agency's budgetary authority. Any person dissatisfied with the outcome of this process may file either a grievance pursuant to the agency's internal grievance process or an appeal to the Division of Administrative Hearings pursuant to chapter 120, but not both.

History.--s. 6, ch. 96-198; s. 7, ch. 97-296.

1Note.--Section 5, ch. 97-296, provides that:

"(1)  The administrative rules of the Department of Management Services that are in effect immediately prior to the effective date of this act shall not be affected by this act and shall remain in effect until specifically changed in a manner provided by law.

"(2)  This section shall take effect [June 1, 1997]."