§ 7.105. Public health division


Latest version.
  • A public health unit under chapter 154, Florida Statutes:

    (a) The public health division shall be a full-time public health unit under the provisions of chapter 154, Florida Statutes. The public health officer shall be the director of the public health unit. He shall be a doctor of medicine or a doctor of osteopathy who is trained in public health administration eligible for licensure to practice in the State of Florida. The director and personnel of the public health unit shall be employed and their duties and compensation fixed and determined in accordance with the provisions of s. 154.04 and chapter 110, Florida Statutes. The functions of the board of county commissioners under chapter 154, Florida Statutes, shall be performed by the director of the health, welfare and bioenvironmental services department.

    (b) In order to effectuate the orderly conversion of the public health division into and its establishment as a full-time public health unit:

    (1) Election to become state employees.—All personnel employed in the public health division who are under the civil service system of the city and who so elect shall be employees of the public health unit under the State Career Service System provided by chapter 110, Florida Statutes, with salary and pension rights as determined in accordance with the following:

    (i) Classification and salaries.—The state Department of Administration shall cause said employees becoming members of the State Career Service System to be classified and placed in the appropriate class of position therein. Such action shall cause no decrease in salary even though a change in class title may result and such action will result in a salary increase if the position occupied by the employee is allocated to a class assigned to a pay range the minimum of which is above his city salary. If the maximum salary for the appropriate class is less than that which had been paid by the city to the employee, there shall be no reduction in salary, but the employee's salary shall be frozen until such time as the employee is eligible for salary increases in accordance with the State Career Service System.

    (ii) Pensions.—The said employees becoming members of the State Career Service System who are members of the 1937 pension fund as amended, for employees of the City of Jacksonville, under the provisions of chapter 18610, Laws of Florida, acts of 1937, on the effective date of this act, may remain and continue as members of said fund and nothing contained herein shall impair or diminish the rights and benefits of said employees under said pension plan. However, any of said employees may elect to discontinue membership in said pension fund of the city and become a member of the Florida Retirement System provided for by chapter 121, Florida Statutes, but may not have membership in both of said pension and retirement plans or systems at the same time. Those city employees who elect to transfer to the Florida Retirement System shall be brought under said Florida Retirement System as a "covered group" as defined by s. 121.021(34), Florida Statutes, 1970 Supplement, shall participate in said retirement system as provided in s. 121.051, Florida Statutes, 1970 Supplement, shall participate in said retirement system as provided in s. 121.051, Florida Statutes, 1970 Supplement, and may receive credit for past municipal service as provided in s. 121.081, Florida Statutes, 1970 Supplement. The number of years or portions thereof of membership in said 1937 employees' pension fund shall be as certified by the trustees of said pension fund. After such transfer, said employee shall earn retirement credit in accordance with the provisions of the Florida Retirement System. The city will cause to be remitted from its pension fund to the Florida Retirement System upon the transfer of any employee, a sum equal to 100 percent of the employee's total contributions into the city pension fund, and a like amount as the employer's matching contributions, not to exceed the total contributions plus interest required for past services by chapter 121, Florida Statutes. After such conversion, the regular deduction for the Florida Retirement System will be made in accordance with chapter 121, Florida Statutes. Deductions shall be made from the salaries of employees who continue their membership in the city pension fund, in the full amount as may be required from time to time by law. The amount of said pension deductions shall be remitted forthwith by the state to the city which shall place said sums of money in said pension fund. Matching contributions to said pension fund during said period of time shall be made by the state and the city as follows: the state shall be liable for and pay into said pension fund a matching contribution equal to that which is required to be made from time to time for employees who are members of the 1937 pension fund, provided that such matching contributions by the state shall not exceed the total matching contributions required for state employees under the Florida Retirement System including social security contributions.

    (iii) Other benefits.

    a. On the effective date of this act, said employees' accumulated vacation (annual) leave and sick leave credits, hereinafter referred to as transferable leave credits accrued while under the consolidated City of Jacksonville shall be transferred to the Department of Health and Rehabilitative Services and shall be handled separate and distinct from future leave accounting under the Career Service System. Said employees' transferable leave credits accrued while under the consolidated City of Jacksonville shall be certified by that city's personnel manager and forwarded to the Department of Health and Rehabilitative Services. Accrual leave rates under the personnel rules and regulations of the consolidated City of Jacksonville shall cease and said employees' new leave accrual rates under the Career Service System shall commence on the date of transfer. Said employees' continuous and creditable service with the consolidated City of Jacksonville shall be used in determining leave accrual rates under the Career Service System. Said employees may expend transferable leave credits accrued while under the consolidated City of Jacksonville only after leave accumulated under the Career Service System has been expended. Upon retirement, termination, or death, the Department of Health and Rehabilitative Services will provide the consolidated City of Jacksonville with an affidavit regarding the recorded and unused transferable leave credits accrued by the employee while under the consolidated City of Jacksonville. The city will compensate the employee or their survivors or estate for all unused leave credit according to the provisions of law which prevailed on the effective date of this act and computed on the basis of said employees' salary at the time of said retirement, termination or death.

    b. On transfer, the pay schedule of each employee shall reflect an increase in salary of a sum equal to the cost of hospitalization, medical, life, and professional liability insurance benefits provided by the city for said employees. Thereafter, said employees transferred to the state Department of Health and Rehabilitative Services may receive hospitalization, medical, and life insurance benefits in such group plan and on the same basis as is from time to time provided for other employees of the Department of Health and Rehabilitative Services.

    (iv) The said employees shall be paid their salaries by state voucher from which shall be deducted items required by law, and such deductions as are being made by the city for said employees on the effective date of this act.

    (2) Nothing herein shall affect the status, right, and privileges of city employees who do not elect to transfer to the State Career System, except as provided in paragraph (3). No position held by any employee of the city division of public health, who remains a city employee under this act shall be abolished by the city without prior approval by the city civil service board. The positions or classifications of such employees electing to remain city employees in the health, welfare, and bioenvironmental services department shall not be impaired or reduced and they shall retain such positions or classifications with the same rights, privileges, and guarantees as provided by the civil service system of the City of Jacksonville for employees who are subject to said system, except as provided in paragraph (3).

    (3) All employees hired on or after the effective date of this act in the public health unit herein created shall be members of the State Career Service System and the Florida Retirement System without any election. In addition, whenever any position in the city division of public health which is subject to the civil service system of the city becomes vacant by reason of the promotion, transfer, resignation, discharge, death, retirement, or otherwise of the employee holding the same, and the state Department of Administration creates an equivalent position in the local health unit herein created under the State Career Service System, the city civil service system position shall be automatically abolished without the necessity for approval by the city civil service board and the position shall thereafter be a part of and subject to the State Career Service System. Notwithstanding the transfer of said position from the civil service system of the city to the State Career Service System, all employees, whether city employees or state employees, who meet the eligibility requirements of either the city civil service system or the State Career Service System for taking the promotional examination to be held with 60 days after said position becomes vacant, shall be eligible to take said examination; but any person who is appointed to fill said vacant position shall be or become a member of the State Career Service System without any election, whether or not he was a member thereof before said appointment. Any city employee who is appointed to a vacant state position under the provisions of this paragraph shall be deemed to have transferred to the State Career Service System and the transfer provisions of subparagraphs (b)(1)(ii) and (iii) shall apply thereto.

    (c) All moneys appropriated by the city for the operation and maintenance of the public health unit, under the provisions of chapter 154, Florida Statutes, including the amounts required to provide the benefits preserved by this act to employees becoming members of the State Career Service System, and all fees collected for services of the public health unit shall be paid to the Department of Health and Rehabilitative Services, or any successor state agency, for deposit with the State Treasurer in the full-time public health unit trust fund of the consolidated government of the City of Jacksonville for the uses and purposes of said fund. The city shall receive credit in the full-time public health unit trust fund for the amounts paid by the city for salaries and other benefits of employees of the city who elect to remain employees of the city under the provisions of this act, and for all other benefits paid by the city required by this act, for matching credit, and all other purposes, as if such funds are actually deposited into the full-time public health unit trust fund.

    (d) The council may not vary, alter, or abolish any provisions contained in this section, notwithstanding the provisions of section 7.103 repealed of this chapter.

    Administrative and logistical support to the public unit will normally be provided by the state but, on specific agreement by both parties, various logistical support as agreed upon may be supplied by the central services department of the City of Jacksonville and costs billed to the public health unit trust fund.

(Laws of Fla., Ch. 71-703; Laws of Fla., Ch. 71-709; Laws of Fla., Ch. 74-515; Ord. 84-1307-754, § 6; Laws of Fla., Ch. 85-437, § 1; Laws of Fla., Ch. 92-341, § 1)