¹110.171 State employee telecommuting program.--

1. (1) As used in this section, the term:

   1. (a) "Agency" means any official, officer, commission, board, authority, council, committee, or department of state government.
   2. (b) "Department" means the Department of Management Services.
   3. (c) "Telecommuting" means a work arrangement whereby selected state employees are allowed to perform the normal duties and responsibilities of their positions, through the use of computers or telecommunications, at home or another place apart from the employees' usual place of work.

2. (2) The department shall:

   1. (a) Establish and coordinate the state employee telecommuting program and administer this section.
   2. (b) Appoint a statewide telecommuting coordinator to provide technical assistance to state agencies and to promote telecommuting in state government.
   3. (c) Identify state employees who are participating in a telecommuting program and their job classifications through the state personnel payroll information subsystem created under s. 110.116.

3. (3) By October 1, 1994, each state agency shall identify and maintain a current listing of the job classifications and positions that the agency considers appropriate for telecommuting. Agencies that adopt a state employee telecommuting program must:

   1. (a) Give equal consideration to career service and exempt positions in their selection of employees to participate in the telecommuting program.
   2. (b) Provide that an employee's participation in a telecommuting program will not adversely affect eligibility for advancement or any other employment rights or benefits.
   3. (c) Provide that participation by an employee in a telecommuting program is voluntary, and that the employee may elect to cease to participate in a telecommuting program at any time.
   4. (d) Adopt provisions to allow for the termination of an employee's participation in the program if the employee's continued participation would not be in the best interests of the agency.
   5. (e) Provide that an employee is not currently under a performance improvement plan in order to participate in the program.
   6. (f) Ensure that employees participating in the program are subject to the same rules regarding attendance, leave, performance reviews, and separation action as are other employees.
   7. (g) Establish the reasonable conditions that the agency plans to impose in order to ensure the appropriate use and maintenance of any equipment or items provided for use at a participating employee's home or other place apart from the employee's usual place of work, including the installation and maintenance of any telephone equipment and ongoing communications costs at the telecommuting site which is to be used for official use only.
   8. (h) Prohibit state maintenance of an employee's personal equipment used in telecommuting, including any liability for personal equipment and costs for personal utility expenses associated with telecommuting.
   9. (i) Describe the security controls that the agency considers appropriate.
   10. (j) Provide that employees are covered by workers' compensation under chapter 440, when performing official duties at an alternate worksite, such as the home.
   11. (k) Prohibit employees engaged in a telecommuting program from conducting face-to-face state business at the homesite.

   12. (l) Require a written agreement that specifies the terms and conditions of telecommuting, which includes verification by the employee that the home office provides work space that is free of safety and fire hazards, together with an agreement which holds the state harmless against any and all claims, excluding workers' compensation claims, resulting from an employee working in the home office, and which must be signed and agreed to by the telecommuter and the supervisor.

       ¹Note.--Section 3, ch. 94-113, provides that "section 110.171, Florida Statutes, is repealed on October 1, 1998 and must be reviewed by the Legislature prior to that date. In determining whether to reenact this section, the Legislature shall consider, at a minimum, for the time period from July 1, 1994, through July 1, 1997, the following information, which must be collected annually by the Department of Management Services and furnished to the Joint Committee on Information Technology Resources:

       "(1) The number and percentage of telecommuters and managers who believe productivity has increased or decreased as a result of telecommuting and the estimated percentage of such increase;

       "(2) The number and percentage of telecommuters and managers who believe the quality of work has increased or decreased as a result of telecommuting;

       "(3) The number of disabled workers who telecommute;

       "(4) The number of days per week on which telecommuters telecommute;

       "(5) The number of full-time, permanent work sites in the main office location which have been reduced as a result of telecommuting;

       "(6) Information on the equipment used by telecommuters, including, but not limited to:

       "(a) If the state purchased additional equipment for the telecommuter's sole use that otherwise would not have been purchased;

       "(b) The type of equipment used at the telecommuting location such as personal computers, lap-tops, portable computers; and

       "(c) Whether the equipment used at the telecommuting location is state-owned or the personal property of the telecommuter."

History.--ss. 2, 8, ch. 90-291; s. 29, ch. 92-279; s. 55, ch. 92-326; ss. 1, 3, ch. 94-113; s. 10, ch. 96-399.