(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.
(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.
(3) The time limit to file any action to recover compensation, including, but not limited to, salaries, wages, overtime pay, fringe benefits, or damages or penalties relating to errors in such compensation from, by, or on behalf of a state officer or employee is 2 years from the date of the alleged error in payment of such compensation. The time limit applies in all disputes over compensation for work performed by state officers or employees, and is not confined to cases arising under subsections (1) and (2).
History.—s. 6, ch. 96-198; s. 7, ch. 97-296; s. 6, ch. 99-155.
Structure Florida Statutes
Title X - Public Officers, Employees, and Records
Chapter 110 - State Employment
Part I - General State Employment Provisions (Ss. 110.105-110.191)
110.105 - Employment policy of the state.
110.1055 - Rules and rulemaking authority.
110.1082 - Telephone voice mail systems and telephone menu options systems.
110.1091 - Employee assistance programs; public records exemption.
110.1099 - Education and training opportunities for state employees.
110.112 - Affirmative action; equal employment opportunity.
110.1127 - Employee background screening and investigations.
110.1128 - Selective service registration.
110.113 - Pay periods for state officers and employees; salary payments by direct deposit.
110.114 - Employee wage deductions.
110.115 - Employees of historical commissions; other state employment permitted.
110.116 - Personnel information system; payroll procedures.
110.1165 - Executive branch personnel errors; limitation of actions for compensation.
110.118 - Administrative leave for certain athletic competition.
110.119 - Administrative leave for military-service-connected disability.
110.120 - Administrative leave for disaster service volunteers.
110.122 - Terminal payment for accumulated sick leave.
110.1221 - Sexual harassment policy; executive agency rules.
110.1227 - Florida Employee Long-Term-Care Plan Act.
110.123 - State group insurance program.
110.12302 - Costing options for plan designs required for contract solicitation.
110.12304 - Independent benefits consultant.
110.12306 - Anti-fraud investigative units.
110.12312 - Open enrollment period for retirees.
110.12313 - Enrollment for eligible former employees.
110.12315 - Prescription drug program.
110.1238 - State group health insurance plans; refunds with respect to overcharges by providers.
110.1239 - State group health insurance program funding.
110.124 - Termination or transfer of employees aged 65 or older.
110.1245 - Savings sharing program; bonus payments; other awards.
110.125 - Administrative costs.
110.126 - Oaths, testimony, records; penalties.
110.129 - Services to political subdivisions.
110.131 - Other-personal-services employment.
110.1315 - Alternative retirement benefits; other-personal-services employees.
110.151 - State officers’ and employees’ child care services.
110.1522 - Model rule establishing family support personnel policies.
110.1523 - Adoption of model rule.
110.161 - State employees; pretax benefits program.
110.171 - State employee telework program.