Affirmative Action Plan Template Florida

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					Florida Department of Agriculture
      and Consumer Services




Affirmative Action Plan
       July 1, 2006 – June 30, 2011
                                           Table of Contents
Affirmative Action Plan Review and Approval........................................................ 3
Discrimination Policy Statement ......................................................................... 4
Preface........................................................................................................... 5
Introduction..................................................................................................... 6
        Department’s Mission, Goals, and Objectives.............................................. 6
        History of the Department ....................................................................... 10
        Organization of Florida’s Executive Branch of Government ........................... 13
        Organization of the Department ............................................................... 15
        Department Organizational Chart ............................................................. 19
        Primary Responsibilities of Organizational Units .......................................... 20
Affirmation of Policy ......................................................................................... 74
Policy Dissemination......................................................................................... 76
        Internal ................................................................................................ 76
        External................................................................................................ 77
The Harassment Policy...................................................................................... 78
EEO/AA Officer Information ............................................................................... 80
Responsibility for Implementation ...................................................................... 82
Comparative Statistics ...................................................................................... 84
Multi-Year Plan and Annual Updates.................................................................... 85
Affirmative Action Goals.................................................................................... 86
Work Force Analysis ......................................................................................... 87
Work Force Analysis Results .............................................................................. 88
Utilization Analysis ........................................................................................... 90
Targeted Areas ................................................................................................ 92
Progress Toward (Establishment of) Goals ........................................................... 93
Review by EEO Job Category – Goals not Attained ................................................ 95
Analysis of Personnel Actions: New Hires Applicant Flow ........................................ 96
Analysis of Personnel Actions: Promotions Applicant Flow ...................................... 97
Analysis of Personnel Actions: Terminations Applicant Flow .................................... 98
Adverse Impact Analysis ................................................................................... 99
Identification of Areas of Concern....................................................................... 101
Action-Oriented Programs ................................................................................. 103
Glossary ......................................................................................................... 106
EEO Groups .................................................................................................... 109
Appendix A: Equal Employment Opportunity Statement......................................... 110
Appendix B: Acknowledgement Receipt ............................................................... 112
Appendix C: Zero-Tolerance Policy Toward Discrimination...................................... 114
Appendix D: Standards of Conduct ..................................................................... 116
Appendix E: Sample Employee Rights Presentation Outline .................................... 119
Appendix F: Sample Sexual Harassment Presentation Outline................................. 122
Appendix G: Sample ADA Presentation Outline ..................................................... 128
Appendix H: Sample Disciplinary Actions Presentation Outline ................................ 131
Appendix I: List of Rules, Policies, and Procedures Given to New Employees ............ 134
Appendix J: Discrimination and Sexual Harassment AP&P 5-21 .............................. 137
Appendix K: Disciplinary Policy & Employee Standards of Conduct AP&P 5-3............. 146
Appendix L: Section 503 Affirmative Action Program Documents............................. 154




                                                                                                                 Page 2
Florida Department of Agriculture and Consumer Services’
                Affirmative Action Plan
                    July 1, 2006 – June 30, 2011




Agency Head:                   Charles H. Bronson
                               Commissioner of Agriculture

Address:                       The Capitol, PL 10
                               Tallahassee, Florida 32399-0810
Telephone Number:              (850) 488-3022/Suncom 278-3022




EEO/AA Officer:                Nancy Neely
                               Senior Management Analyst II

Address:                       306 Mayo Building
                               Tallahassee, Florida 32399-0800

Telephone Number:              (850) 921-6262/Suncom 291-6262


Prepared By:                   Elaine Cooper
                               Chief of Personnel Management



Reviewed and Approved By:      _____________________________
                               Charles H. Bronson
                               Commissioner of Agriculture
                               Florida Department of Agriculture and
                                     Consumer Services

                               _________________________________
                               Nancy Neely
                               EEO/AA Officer

                                                                 Page 3
                       Discrimination Policy Statement
The Department of Agriculture and Consumer Services (Department) is fully committed to
Equal Employment Opportunity (EEO) and the implementation of a strong Affirmative Action
(AA) program for all employees and applicants for employment without regard to race, sex,
religion, color, national origin, age, political opinion or affiliation, marital status, or qualified
disability. It is the policy of the Department to provide equal opportunity and prohibit
discrimination in personnel policies, program activities, operations, access to facilities and
employment actions and conditions, including but not limited to recruitment; selection;
appointment; training and development; work assignments; career counseling; work
setting; opportunities for transfer, reassignment, or shift changes; compensation; benefits;
retention; promotion; discipline; demotion; and separation.

The Department strongly promotes the full realization of EEO through continuing AA
programs at every management level. Full support from each manager and supervisor is
expected in meeting the objectives of this program. Periodic evaluations will be made to
measure program accomplishments, and if imbalances or lack of progress are evident,
necessary measures will be taken to remedy the problems.

The Department subscribes to and implements to the fullest, the requirements of Title VII of
the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act of
1967; the Equal Pay Act of 1962, as amended; the Vocational Rehabilitation Act of 1973, as
amended; the Americans with Disabilities Act; and the Florida Human Rights Act of 1977.

The Department acknowledges the federal guidelines' definition of Sexual Harassment as
a request for sexual favors, unwelcome sexual advances, or other verbal or physical conduct
of a sexual nature or in relation to employment, when submission to such conduct is made
either explicitly or implicitly a term or condition of employment; submission to or rejection
of such conduct is used as the basis for an employment decision affecting the employee; or
the conduct unreasonably interferes with the employee's work performance or creates an
intimidating, hostile, or offensive work environment.

The Department further acknowledges the Americans with Disabilities Act, which states,
in part, "no otherwise qualified disabled individual shall, solely by reason of such disability,
be excluded from the participation in, be denied the benefits of, or be subjected to
discrimination" in programs or activities sponsored by a public entity or employer.

Complaints of discrimination may be addressed to the Bureau of Personnel Management,
Florida Department of Agriculture and Consumer Services, 407 South Calhoun Street, 306
Mayo Building, Tallahassee, Florida 32399-0800; to the Florida Commission on Human
Relations within 365 calendar days; or to the Equal Employment Opportunity Commission
within 180 calendar days unless the charge is also covered by a state or local anti-
discrimination law which extends the time-frame to 300 days. Timeframes for filing are
calculated beginning with the date of the action giving rise to the complaint. All
complainants shall be treated in accordance with the procedures set forth by law or in
Chapter 60Y-5, F.A.C.

                                                      _____________________________
                                                      Charles H. Bronson
                                                      Commissioner of Agriculture


                                                                                              Page 4
                                      Preface

This is the Department’s Affirmative Action Five-Year Plan (Plan), effective from
July 1, 2006, through June 30, 2011. It will be updated annually.

Information presented in this Plan reflects new figures and information based on
the employment experiences at the Department and compares work force diversity
with the availability of qualified minorities and females in the applicable recruitment
areas. The Plan is offered as a guideline that incorporates employment goals for
those EEO groups where underutilization is present and reflects the Department’s
commitment to EEO. It contains the required elements specified in Chapter 60L-
21, F.A.C., and fulfills the responsibilities stated in Section 110.112, F.S.




                                                                                 Page 5
                                 Introduction

The Department is committed to the policy of EEO and to a program of AA in order
to fulfill that policy.


                Department Mission, Goals, and Objectives

The Department is established under the directives as set forth in Section 2014 and
570.01 of the Florida Statutes. As provided under Article IV, Section 4(f),
Constitution of the State of Florida, the Commissioner of Agriculture is responsible
for the supervision of matters pertaining to agriculture.

The Department’s mission is to safeguard the public and support agriculture.
In pursuit of this mission, the Department has established four Agency-wide goals
to strive toward. These goals are identified in the Department’s Long-Range
Program Plan. The four goals are to:
        Ensure the safety and wholesomeness of food and other consumer products;
        Improve production and sale of Florida’s agricultural products;
        Preserve and protect the state’s agricultural and natural resources; and
        Protect consumers from potential health and security risks and unfair and
        deceptive business practices.

A.    Ensuring the safety and wholesomeness of food and other consumer
      products is primarily handled by the Food Safety and Quality
      Program. Florida is particularly vulnerable to disease from food and other
      sources because of its transient population, international ports, high number
      of senior citizens, large number of immigrants and warm, moist climate. The
      Florida Department of Health reports that 2,052 people had a food-borne
      illness in Florida in 2001, a 25 percent decrease from the 2,743 in 1997.
      Illness can be decreased by reducing Floridians’ exposure to food that does
      not meet safety and sanitation requirements and quality standards.
      The Department’s objectives toward this goal are to:
              Reduce the potential for food-borne illnesses associated with
              processing, storage and handling of foods;
              Minimize illnesses from the consumption of shellfish;
              Increase the percentage of dairy establishments meeting food safety
              and sanitation requirements;
              Decrease the number of food products which are adulterated,
              misrepresented or otherwise unsafe;
              Reduce potential health effects from exposure to pesticide residues in
              foods; and
              Increase the percentage of milk and milk products which meet
              standards.
      Through its regulatory efforts, and inspection and testing programs, the
      Department is able to minimize health risks and assure that goods and
      products are safe and meet appropriate standards.
                                                                              Page 6
B.   Improving production and sale of Florida’s agricultural products is
     the responsibility of the Agricultural Economic Development
     Program. Florida is one of the most diversified agricultural states in the
     country. The State’s 40,000 commercial farmers are the catalysts in an
     economic chain that stretches from the farm gate to the State’s
     supermarkets with a direct economic impact of more than $20 billion on the
     State’s economy and providing many employment opportunities. Florida
     agriculture contributes $55 billion annually to the state’s overall economy.
     The North American Free Trade Agreement, the World Trade Organization,
     and Florida’s Constitutional Amendment banning certain nets in State waters
     are significantly impacting the agricultural industry. Florida’s agricultural
     industry needs assistance with the production and marketing of commodities
     in order to maintain and enhance our place in the national and international
     marketplace.
     The Department’s objectives toward meeting this goal are to:
            Prevent exotic plant pests and diseases from being introduced or
            established in Florida;
            Reduce the number of animals infected with or exposed to dangerous
            transmissible diseases;
            Eradicate citrus canker;
            Increase the percentage of the national agricultural market
            represented by Florida products;
            Increase the percent of vehicles carrying agricultural related products
            that are free of potentially devastating plant and animal pests and
            diseases;
            Provide quality inspection services to Florida’s fruit and vegetable
            industries at the lowest possible cost;
            Maximize sales generated by tenants of the state farmers’ markets;
            and
            Ensure that shellfish facilities comply with environmental
            requirements.
     The Department takes pro-active measures to promote and develop Florida
     agriculture to enhance the State's share of both the domestic and
     international market.

C.   Preserving and protecting the state’s agricultural and natural
     resources is the focus of our Forest and Resource Protection Program
     and our Office of Agricultural Water Resource Protection and
     Conservation (previously called Office of Agricultural Water Policy).
     A sound agricultural and forestry industry in Florida requires the efficient and
     profitable use of many natural, commercial, and industrial resources. This is
     often difficult to achieve because of problems such as diseases, infestations,
     weather, climatic changes, and market conditions. Florida agriculture is an
     essential natural resource-based industry that must conserve and protect
     resources to remain vibrant.

                                                                              Page 7
     The Department’s objectives toward meeting this goal are to:
            Improve the quality of surface and ground water exiting agricultural
            lands;
            Increase the conservation of water by improving irrigation efficiency;
            Decrease the number of wildfires caused by humans;
            Increase the number of threatened structures not burned by wildfire;
            Increase the number of acres not burned by wildfires;
            Reduce the number of incidents relating to criminal activity on state
            lands; and
            Increase the number of timber producing acres adequately stocked
            and growing.
     The Department provides leadership and resources to protect forest land and
     the public from destructive effects of wildfires and perpetuates Florida's
     forests through an aggressive reforestation program. We are committed to
     maintaining the integrity of the environment and providing for the State's
     future natural resources.

D.   Protecting consumers from potential health and safety risks and
     unfair and deceptive business practices is primarily the responsibility
     of our Consumer Protection Program. Consumer fraud is becoming more
     and more sophisticated. As the State’s population grows and the number of
     businesses increase, consumer complaints and requests for investigations
     also increase. Consumer complaints and unlawful, unethical and unsafe
     business practices will decrease with improved consumer assistance,
     education, and protection.
     The Department’s objectives toward meeting this goal are to:
            Assist and protect consumers by decreasing the number of reported
            human/equine disease cases caused by mosquitoes;
            Increase the efficiency of the license revocation process;
            Assist and protect consumers by decreasing the number of pesticide,
            pest control, fertilizer, feed, and seed licensees and products that are
            unlawful, unsafe, or unethical;
            Safeguard consumers by monitoring regulated entities for compliance
            with consumer protection laws;
            Increase the number of successful investigations relating to consumer
            crimes;
            Maintain protection to consumers and businesses in commercial
            transactions by maintaining the accuracy compliance rate for regulated
            weighing and measuring devices, packages and businesses with
            scanners in Florida; and
            Increase the amount of quality documents captured at Agricultural
            Interdiction Stations relating to agricultural commodities being
            transported in this state.


                                                                             Page 8
Through the Department's regulatory programs involving industry standards
and professional and business practices, the Department protects consumers
from unscrupulous acts.




                                                                    Page 9
  History of the Department of Agriculture and Consumer Services

The revised Florida Constitution of 1885 provided for a Governor and a "Cabinet”
composed of a Secretary of State, Attorney General, a Comptroller, a Treasurer, a
Commissioner of Agriculture, and a Commissioner of Education.

Each of the six Cabinet officers was elected by popular vote in a statewide general
election every four years and had duties assigned by the Constitution, as well as
individual responsibilities assigned by the Legislature. Each member shared the
management of major State Departments with the Governor.

Agriculture has always been one of Florida's major industries, but not until the
Constitution of 1868 was adopted did Florida have an official in charge of promoting
agriculture. The Constitution of 1868 provided for the creation of the Office of
Commissioner of Immigration. The Commissioner of Immigration was empowered
to attract settlers to Florida.

In 1871, the Constitution was amended consolidating the Offices of Surveyor
General and Commissioner of Immigration as the new Commissioner of Lands and
Immigration. The revised State Constitution of 1885 renamed the Commissioner of
Lands and Immigration as the Commissioner of Agriculture. This official was also
given supervision of the State prisons.

Over the years, the Legislature added many responsibilities to the Florida
Department of Agriculture (Department) – as it was then known - in the fields of
inspection and regulation. The responsibility for the State prisons was removed in
1957 and taken over by the new Division of Corrections, which reported to the
Florida Legislature.

The 1959 Legislature passed the Agricultural Services Reorganization Act and
Governor Collins signed it June 16, 1959. Several independent boards and bureaus
were abolished and their duties assigned to the Department. The State Chemist, a
position created in 1889 and filled by gubernatorial appointment, was absorbed by
the Department and expanded to the Director of the Division of Chemistry. The
Bureau of Immigration, one of the original subdivisions, was abolished. The
reorganization became effective January 15, 1961. As a result of this
reorganization, the Department emerged with the Divisions of Administration,
Animal Industry, Chemistry, Dairy Industry, Fruit and Vegetable Inspection,
Marketing, Plant Industry, Inspection, and Standards.

In 1967, the Florida Legislature created the Office of Consumer Services and placed
it in the Commissioner's Office. Under the Executive Reorganization Act of 1969,
the Office of Consumer Services became the Division of Consumer Services, and
the independent Board of Forestry, created in 1927, became the Division of
Forestry. This brought the number of Divisions within the Department to 11. In
conjunction with the reorganization, the Department was renamed the Department
of Agriculture and Consumer Services.



                                                                             Page 10
The Department underwent a major reorganization in 1992. That year the
Legislature passed Chapter 92-291, Laws of Florida, which organized the
Department along more functional lines.

In 1992, the Department established the following Divisions to direct those
functions: Administration, Animal Industry, Plant Industry, Marketing and
Development, Dairy Industry, Agricultural Environmental Services, Food Safety,
Fruit and Vegetables, Consumer Services, Forestry, and Standards. Since 1992,
several major programs have been added to the Department. Among them are:
Food Store Inspection, Bottled Water, Motor Vehicle Repair, Seafood and
Aquaculture, Liquefied Petroleum Gas Inspection, Entomology and Pest Control,
Food Distribution, Water Policy Coordination (effective September 2006, its name
was changed to Office of Agricultural Water Resource Protection and Conservation),
Pawn Shops, Assistive Technology Device Warranty, Forestry Youth Training
Program, and oversight of the Florida State Fair in Tampa. All of these programs
were absorbed into already existing Divisions of the Department.

The 1999 Florida Legislature did establish a new Department Division, the Division
of Aquaculture. This Division was created from the Bureau of Marine Resource
Regulation and Development which transferred from the Department of
Environmental Protection.

The 2002 Florida Legislature established a new Division within the Department by
transferring the Division of Licensing from the Department of State. The 2002
Legislature also transferred the Small County Technical Assistance Program from
the Department of Banking and Finance (now the Department of Financial Services)
to the Department.

In 2003, the Department created an Office of Bio and Food Security Preparedness
to direct agency planning and implementation of bio and food security programs.
Due to a shift, on the federal level, in how agencies plan for and respond to large-
scale emergencies (from disaster-specific planning and responses to more of an all-
hazards approach), its name was changed in 2006 to the Office of Agricultural
Emergency Preparedness.

There have been two other major Florida Government changes since 1992. The
first one dealt with term limits. On July 23, 1992, an Initiative Petition was filed by
the Citizens for Limited Political Terms Committee in the Secretary of State’s office
that called for a vote for an amendment to the Florida Constitution, which would be
held in the November 1992, general election. The Initiative Petition called for a
disqualification from office for certain office holders, including the Florida Cabinet
Members, if, by the end of the current term of office, the person had served (or,
but for resignation, would have served) in that office for eight consecutive years.
In November 1992, the Florida Electorate approved this petition which amended the
Florida Constitution. In the summer of 1999, the Florida State Supreme Court
upheld the Constitutionality of this Initiative Petition which amended the Florida
Constitution. This amendment will have a significant impact on the Executive




                                                                               Page 11
leadership of the Department, limiting the Commissioner of Agriculture to two
consecutive terms.

In accordance with the Florida Constitution, a 1998 Constitution Revision
Commission was appointed by the various established appointing authorities. This
37 member Commission had the power to propose various revisions of any portion
or portions of the Constitution, provided that the proposed revisions were submitted
to the Secretary of State 180 days prior to the next general election.

The second major change affects the organizational structure of the statewide
elected officials. The 1998 Constitution Revision Commission proposed nine
separate revisions for consideration by the Florida Electorate. Among their
proposals was the Florida Cabinet restructuring which reduced the size of the
Florida Cabinet from six Cabinet Members to three. The Commissioner of
Agriculture retained his Cabinet Post, along with an Attorney General. However,
the positions of Comptroller and Treasurer were consolidated into the position of
Chief Financial Officer. The positions of Secretary of State and Education
Commissioner were eliminated from the elected Cabinet. This restructuring revision
took effect January 7, 2003.

The Department is housed in many locations throughout the State of Florida. The
Commissioner and the Executive Staff are located in the Capitol, Tallahassee,
Florida. The Divisions of Administration, Marketing and Development, and Animal
Industry, Food Safety, Agriculture Environmental Services, Consumer Services,
Dairy Industry, and Standards are located in Tallahassee in several different
buildings. The Office of Agricultural Law Enforcement is located in Tallahassee, with
Interdiction Stations across the State. The Division of Licensing is located in
Tallahassee with eight Regional Offices located in Miami, West Palm Beach,
Jacksonville, Orlando, Punta Gorda, Tampa, Fort Walton Beach, and Tallahassee.
The Division of Forestry is the largest division and has administrative offices located
in Tallahassee and District offices in Milton, Panama City, Perry, Lake City,
Jacksonville, Gainesville, Bunnell, Brooksville, Orlando, Lakeland, Bradenton,
Okeechobee, Ft. Myers, and Ft. Lauderdale. The Division of Aquaculture is located
in Tallahassee with satellite offices located in Murdock, Palm Bay, Titusville, Panama
City, Cedar Key, Gainesville, and Apalachicola. The Division of Fruit and Vegetables
is located in Winter Haven, Florida, with Inspectors Statewide. The Division of Plant
Industry is located in Gainesville, Winter Haven, and Plantation, Florida. Overall,
the Department occupies approximately 330 sites statewide and is responsible for
over 1,500 buildings.




                                                                               Page 12
       Organization of Florida’s Executive Branch of Government

The citizens of the State of Florida, the Florida Electorate, have the privilege of
voting for several statewide elected officials. This group of elected officials is often
referred to as the Governor and Cabinet.

Those on the current Cabinet include the following officials: Attorney General who
heads up the Department of Legal Affairs, the Chief Financial Officer who heads up
the Department of Financial Services, and the Commissioner of Agriculture who
heads up the Department of Agriculture and Consumer Services. The Governor and
Lt. Governor, who campaign for election on a joint ticket, are also statewide elected
officials.

The attached State government organization chart reflects other major
governmental relationships. The chart identifies the agencies and other units
headed by the Governor and Cabinet. The chart also identifies the Governor’s
agencies and some of the major roles of the Governor and Cabinet.

Florida’s Executive branch is truly unique in structure. Florida is the only state in
the Union to have three statewide elected cabinet members who take their place on
a Cabinet alongside the Governor and both wield executive decision-making powers
on significant statewide public interest issues.




                                                                                 Page 13
           Florida Governmental Organizational Chart

                    Access chart at the following:
http://www.doacs.state.fl.us/admin/personnel/images/florida_electorate.gif




                                                                       Page 14
                       Organization of the Department

The Florida Department of Agriculture and Consumer Services is one of three
Cabinet agencies within the executive branch of government. The Department is
headed by an elected official who serves as the Commissioner of Agriculture. The
Assistant Commissioner of Agriculture (Chief of Staff), the Inspector General, the
Agricultural Emergency Preparedness Director, and the Agricultural Natural
Resources Assessment and Management Director report directly to the
Commissioner of Agriculture.

The Chief of Staff’s Office consists of three Deputy Commissioners and one
Assistant Deputy Commissioner. The Office of Cabinet Affairs, Legislative Affairs,
Public Information, General Counsel, Executive Programs, State/Federal Relations,
Office of Agricultural Law Enforcement, Office of Agricultural Water Resource
Protection and Conservation (previously called the Office of Agricultural Water
Policy), Division of Administration, and the Division of Licensing also report to the
Chief of Staff.

All thirteen of the Department's Divisions, as well as one Bureau and four Offices
fall under one of six program areas established for Performance-Based Program
Budgeting.

The Divisions established within the Agricultural Economic Development Program
are Fruit and Vegetables, Plant Industry, Marketing and Development, Animal
Industry, and Aquaculture. The Agricultural Interdiction Stations also fall under this
Program.

The Divisions established within the Consumer Protection Program are Agricultural
Environmental Services, Consumer Services, and Standards.

The Divisions established within the Food Safety and Quality Program are Dairy
Industry and Food Safety.

The Division established within the Forest and Resource Protection Program is the
Division of Forestry.

Agriculture Management Information Center has been established as a Program.

Executive Direction and Support Services; the Office of Agricultural Water Resource
Protection and Conservation (previously called the Office of Agricultural Water
Policy); the Office of Agricultural Law Enforcement, Investigations Section; the
Division of Licensing; the Division of Administration; and the Office of Agricultural
Emergency Preparedness (previously called the Office of Bio and Food Security
Preparedness) are established within the Office of the Commissioner and Division of
Administration Program.

The Department employs a wide variety of job classes to accomplish its goals. In
addition to the Commissioner’s Office and Divisional management staff, there are a


                                                                               Page 15
wide variety of types of positions, including but not limited to,

               ACCOUNTANT
               AGRICULTURAL STATISTICS ADMINISTRATOR
               AGRICULTURAL TECHNICIAN
               AGRICULTURE & CONSUMER PROTECTION INSPECTOR
               AIRCRAFT MECHANIC
               ANIMAL TECHNICIAN
               ART EDITOR
               AUTOMOTIVE EQUIPMENT MECHANIC
               BIOLOGICAL SCIENTIST
               BUDGET ANALYST
               CARPENTER
               CHEMIST
               COMMUNICATION SERVICES PROGRAM MANAGER
               COMPLIANCE OFFICER
               COMPUTER AUDIT ANALYST
               COMPUTER PROGRAMMER
               CONSTRUCTION PROJECTS CONSULTANT
               CONSUMER SERVICE ANALYST
               COORDINATOR OF FORESTRY YOUTH TRAINING PROGRAM
               CORPORATE DOCUMENT/ELECTION RECORDS EXAMINER
               CUSTODIAL WORKER
               DATA BASE ADMINISTRATOR
               DATA PROCESSING MANAGER
               DISTRIBUTED COMPUTER SYSTEMS SPECIALIST
               DISTRIBUTION AGENT
               DUTY OFFICER
               ECONOMIC RESEARCH ASSOCIATE
               ELECTRICIAN
               ENGINEERING SPECIALIST
               ENVIRONMENTAL HEALTH AIDE
               ENVIRONMENTAL SPECIALIST
               EQUIPMENT/CONSTRUCTION SPECIALIST
               FACILITIES SERVICES MANAGER
               FINANCIAL EXAMINER/ANALYST
               FIREFIGHTER ROTORCRAFT PILOT
               FISCAL ASSISTANT
               FOOD SAFETY COMPLIANCE ADMINISTRATOR
               FOOD SUPPORT WORKER
               FOREST RANGER
               FORESTER
               FORESTRY PROGRAM ADMINISTRATOR
               FRUIT & VEGETABLE INSPECTOR
               GEOGRAPHIC INFORMATION SYSTEM TECHNICIAN
               GOVERNMENT ANALYST
               GOVERNMENT OPERATIONS CONSULTANT
               GROUNDSKEEPER
               GROUP TREATMENT LEADER
               HISTORICAL RESOURCE ADMINISTRATOR



                                                                    Page 16
HOUSEPARENT
HUMAN SERVICES COUNSELOR
HYDROLOGIST
INFORMATION SPECIALIST
INMATE WORK CREW LEADER
INSPECTION SPECIALIST
INSPECTOR GENERAL
INTERNAL AUDITOR
INVESTIGATION SPECIALIST
LABORATORY TECHNICIAN
LABORER
LANDSCAPE ARCHITECT
LAW ENFORCEMENT INVESTIGATOR
LAW ENFORCEMENT OFFICER
LIBRARY SERVICES SUPERVISOR
LICENSE ISSUANCE SUPERVISOR
LIQUEFIED PETROLEUM GAS INSPECTOR
MAINTENANCE MECHANIC
MANAGEMENT ANALYST
MANAGEMENT REVIEW SPECIALIST
MARINE CAPTAIN
MARINE MECHANIC
MARINE SCIENCE TECHNICIAN
MARKETING SPECIALIST
MASTER EQUIPMENT MECHANIC
METEOROLOGIST
METROLOGIST
MOTOR VEHICLE OPERATOR
NETWORK SYSTEMS ANALYST
NURSING PROGRAM SPECIALIST
OFFICE AUTOMATION ANALYST
OPERATIONS & MANAGEMENT CONSULTANT
OPERATIONS ANALYST
OPERATIONS REVIEW SPECIALIST
PAINTER
PARALEGAL SPECIALIST
PARK RANGER
PERSONNEL TECHNICIAN
PLANNER
PLANNING CONSULTANT
PRINTER
PROFESSIONAL ACCOUNTANT
PROFESSIONAL ENGINEER
PROFESSIONAL GEOLOGIST
PROGRAM PLANNING COORDINATOR
PROPERTY ANALYST
PUBLIC INFORMATION DIRECTOR
PUBLIC POLICY PROGRAM COORDINATOR
PUBLICATIONS PRODUCTION SPECIALIST
PURCHASING AGENT



                                     Page 17
             QUALITY ASSURANCE & TRAINING SPECIALIST
             RADIO-TELEVISION PRODUCER-DIRECTOR
             RECORDS ANALYST
             REFRIGERATION MECHANIC
             REGULATORY SPECIALIST
             RESEARCH & TRAINING SPECIALIST
             SAFETY & HEALTH MANAGER
             SANITATION AND SAFETY SPECIALIST
             SECURITY GUARD
             SENIOR ARCHITECT
             SENIOR ATTORNEY
             SENIOR DATA BASE ANALYST
             SENIOR NETWORK SYSTEMS ANALYST
             SENIOR SECTION ADMINISTRATOR
             STOREKEEPER
             SYSTEMS PROGRAMMER
             SYSTEMS PROJECT CONSULTANT
             TELECOMMUNICATIONS SPECIALIST
             TOXICOLOGIST
             VETERINARIAN
             VOCATIONAL INSTRUCTOR
             WEB PAGE DESIGN SPECIALIST
             WELDER

The Department has approximately 3814.75 budgeted positions.




                                                               Page 18
    Department of Agriculture and Consumer Services’
                  Organizational Chart

                 Access chart at the following:
http://www.doacs.state.fl.us/admin/personnel/pdf/fdacs_org_chart.pdf




                                                                   Page 19
             Primary Responsibilities of Organizational Units


                          Office of the Commissioner

The Office of the Commissioner of Agriculture provides overall direction in carrying
out the constitutional, legislative, and administrative responsibilities of the
Department. The elected official that directs this agency provides the leadership,
direction, and executive guidance to all line and staff units of the Department. The
Office of the Agriculture Commissioner is supported directly by the Chief of Staff,
the Inspector General's Office, the Agricultural Emergency Preparedness’ Office,
and the Agricultural Natural Resources Assessment and Management Director.

                           Office of the Chief of Staff

The Department's Chief of Staff directs the overall daily operation of the
Department. The Chief of Staff’s Office is responsible for setting major policy
directions, both legislative and administrative, overseeing development of agency
strategic priorities and appropriate goals and objectives, and providing direction
and guidance within which all administrative guidelines for all operating Divisions
are prepared and enforced. The Chief of Staff’s Office provides a policy level
decision apparatus for all Division and Executive programs. The three Deputy
Commissioners and the Assistant Deputy Commissioner, report to the Chief of Staff.
Also reporting to the Chief of Staff is the Legislative Affairs Director, Chief of
Cabinet Affairs, the General Counsel, the staff of the Office of Executive Programs,
the Public Information Administrator (Communications Director), the Director of
Federal/State Relations, the Office of Agricultural Law Enforcement, the Office of
Agricultural Water Resource Protection and Conservation (previously called the
Office of Agricultural Water Policy), the Director of Administration, and the Division
of Licensing. These major staff officers carry out significant mission/priorities for
the Department.

The Senior Executive Assistant also reports to the Chief of Staff. This individual
performs highly complex administrative work which consists of briefing the
Commissioner and Chief of Staff on internal and external matters as it pertains to
the mission of the Department. The Coordinator acts as the assistant to the Chief
of Staff and is the Commissioner’s staff liaison with the Department’s Executive
Staff and Division Directors. The Coordinator also oversees the employee hotline
and handling of internal and external complaints and coordinates those functions
with the Bureau of Personnel Management and the Office of the Inspector General.

                          Office of Inspector General

The Office of Inspector General is assigned specific duties and responsibilities for its
audit and investigative functions by Florida law. Section 20.055(2), Florida
Statutes, requires the appointment of an Inspector General by the Agency Head
and designates responsibilities including advising in the development of



                                                                                Page 20
performance measures, standards, and procedures for the evaluation of agency
programs; reviewing actions taken by the agency to improve program performance
and meet program standards; providing direction for supervising and coordinating
audits, investigations, and management reviews relating to the programs and
operations of the agency; recommending corrective action concerning fraud, abuse,
and deficiencies; reporting progress made in implementing corrective action;
reviewing rules relating to the programs and operations of the agency; and
ensuring that an appropriate balance is maintained between audit, investigative,
and other accountability activities.

             Office of Agricultural Emergency Preparedness

The Office of Bio and Food Security Preparedness provides the Department with
professional expertise and leadership in statewide homeland security issues
involving agricultural and food systems. The office coordinates and reviews
appropriate Department programs and activities to ensure bio and food security for
Florida’s citizens. It is responsible for analysis and evaluation of biological and
chemical security issues involving animal and plant agriculture and for food
production, processing, storage, and transportation.

The office acts as a primary liaison and contact on domestic and homeland security
with other state and local agencies, federal government agencies, private and
government laboratories, and diverse agriculture and food-related industries. It is
responsible for establishing and maintaining timely, effective communication
channels with bio-security personnel in other state and federal agencies throughout
the industry. Office personnel must maintain sufficient security clearances with
other state and federal agencies to allow appropriate access to needed security
information to assure proper preparedness.

The Director serves as liaison and coordinator between all divisions, offices, and
programs of the Department regarding domestic security issues. Another key
responsibility of the Director is to provide appropriate and frequent briefings and
communications on bio and food security preparedness issues to the Commissioner,
Chief of Staff, Deputy Commissioners, Assistant Deputy Commissioner, division
directors, legislators, law enforcement personnel, and others as necessary.

                           Office of Cabinet Affairs

The Commissioner of Agriculture is a member of the Florida Cabinet and sits as one
of the highest ranking statewide elected officials in the State. The Governor and
Cabinet, as a collegial body, meet every two weeks to set executive policies
governing education, natural resource conservation, land use regulation,
government administration, law enforcement, bond issues, information technology,
and executive clemency.

Collectively, the Governor and Cabinet sit as numerous bodies: as boards,
commissions, and/or the heads of agencies. The Departments of Law Enforcement,
Highway Safety and Motor Vehicles, Revenue, and Veterans’ Affairs are all under


                                                                            Page 21
the direct supervision of the Governor and Cabinet. These four agencies bring
pending issues before the Governor and Cabinet for their approval and guidance.
The Governor and Cabinet sit as the following boards or commissions: State Board
of Executive Clemency, Administration Commission, the Land and Water
Adjudicatory Commission, Board for Electrical Power Plant and Transmission Lines
Siting, the Governing Board (which oversees the Division of Bond Finance), The
Board of Trustees of the Internal Improvement Trust Fund, and the Financial
Services Commission.

The Governor, Chief Financial Officer and the Attorney General make up the State
Board of Administration. The Department’s Records Management Center is located
within the office of Cabinet Affairs. The Records Management Center’s main
function is to review and assign the Commissioner’s correspondence to those
individuals who are best qualified to provide an accurate response.

                          Office of Legislative Affairs

The Office of Legislative Affairs reports directly to the Chief of Staff and has many
job responsibilities primarily revolving around the development of the Department's
legislative program. The Director, with the assistance and guidance of the
Department's division directors, develops and presents to the Commissioner and
Chief of Staff recommendations for future legislation. Once that legislation has
been drafted and approved, the Director is responsible for aggressively pursuing
the legislative goals before the Florida Legislature.

The Director and his staff represent the Department before the Legislature by
encouraging the passage, defeat, or modification of legislation affecting the
Department and the public as such proposals relate to the Department's areas of
responsibilities.

The Director appears before major committees to present the Department’s
legislative proposals including the Department's Legislative Budget Request. The
Director and his staff work closely with legislative members and staff members of
the Appropriations Committees to ensure the Department's budgetary requirements
are met.

The Director also represents the Commissioner and Chief of Staff before legislative
committees for legislation affecting the various boards of which the Commissioner
of Agriculture is a member. The Director represents the Department in meetings
with key governmental, civic, and other leaders on assigned matters, at the local,
state, and federal level. This office also provides staff support to the Chief of Staff
in the implementation of major policy decisions and directs program adjustments to
expedite these decisions.

Additional duties include the supervision of professional and technical studies,
response to factual inquiries, and Department policy relating to legislation by
legislative and administrative staff. The Director also represents the Chief of Staff
in her absence by interpreting Department policy or referring technical questions to


                                                                               Page 22
the appropriate Divisions. The office provides telephone and in-person assistance
to the general public on legislative matters as the need arises.

                        Office of the General Counsel

The Office of the General Counsel reports directly to the Chief of Staff. The General
Counsel works closely with the Commissioner, Chief of Staff, and other members of
the Capitol staff and directs the activities of the legal staff. The attorneys and
support staff provide legal services to all thirteen Divisions and numerous Bureaus
of the Department at the direction of the General Counsel.

In an atmosphere of ever-increasing regulatory compliance, the goal of the General
Counsel's Office is to effectively protect the interests of Florida agriculture,
consumers, and this Department. Consumer interests include: the safety and
wholesomeness of food products and other marketable products, as well as
consumer protection concerning areas of pest control, business opportunities,
sellers of travel, health studios, and a host of other areas of direct consumer
involvement.

Services provided through the General Counsel's Office include the drafting and
prosecution of administrative actions, personnel matters, litigation of major cases
involving the Department, rulemaking, contract review, and civil and administrative
appeals.

                         Office of Public Information

The Office of Public Information (Public Information Administrator) responds to
media inquiries about the Department, conducts media interviews, prepares
speeches, articles, letters and other written materials, and advises and assists the
Commissioner of Agriculture and Chief of Staff on numerous policy issues. This
office also coordinates with the Division of Marketing and Development’s Bureau of
Education and Communications on informational and educational materials and
programs.

                        Office of Executive Programs

Within the Executive Programs, under the Office of the Commissioner, there are key
positions that provide direct support and communication to the Commissioner and
Chief of Staff on critical issues involving agency policies and/or procedures within
the local, state, and national levels. One or more of these positions can be
assigned to work on special administrative assignments that have Department-wide
impact.

There is the Agriculture Programs Coordinator who currently is working on special
assignment on several administrative projects that affect the overall efficiency and
effectiveness of the Department. Those current assignments include development
of the Health, Safety, and Security Manuals for Department divisions,
implementation of facility security measures statewide, development of


                                                                              Page 23
Department-wide Continuity of Operation Plans (COOP), and the Revenue Collection
Forms project.

There is a Coordinator of Agriculture Advisory Councils who is responsible for all of
the Department's advisory councils and committees. Approximately 60 such groups
advise the Commissioner and the Department on rules, regulations, policies and
practices affecting those groups' specific industry or interest.

                      Office of Federal/State Relations

There is a Federal/State Relations Director who develops and maintains contacts
with federal agencies and Congress, in all program areas where the Department
interfaces with the federal government. This position serves as a liaison function
and works to ensure good relations between the State of Florida and the federal
government in all issues related to agriculture.

                  Office of Agricultural Law Enforcement

The Office of Agricultural Law Enforcement was created on October 1, 1992 and
consists of over 200 law enforcement officers. The Office of Agricultural Law
Enforcement is responsible for all law enforcement operations and investigations
relating to any matter over which the Department has jurisdiction or where criminal
activities occur on property owned, managed, or occupied by the Department
(Chapters/Sections 570.073, and 570.15, F. S.). The Office of Agricultural Law
Enforcement is organized into three line functions: Investigations, Uniformed
Operations, and Special Operations.

                              Investigations Section

The Investigations Section is responsible for conducting criminal investigations and
enforcing criminal laws relating to any matter over which the Department has
jurisdiction or which occurs on property owned, managed, or occupied by the
Department. These responsibilities include the enforcement of criminal laws
occurring within state forests or any criminal violation which involves farms or farm
equipment, animals, livestock, poultry, horticulture, aquaculture or citrus products.
Investigators are also responsible for investigating and enforcing criminal laws
relating to consumer protection, which include transactions involving business
opportunities, travel and telemarketing scams, and motor vehicle repair fraud. The
Investigations Section has field offices and investigators located throughout the
State.

                              Uniformed Operations

The Uniformed Operations Section manages 22 agricultural interdiction stations
located on every paved highway crossing the Suwannee and St. Mary’s Rivers,
natural barriers to Florida’s primary agricultural production areas. These
agricultural interdiction stations are operated 24 hours a day, 365 days a year.
Through the enforcement of criminal and agricultural laws, rules, and regulations,


                                                                              Page 24
the uniformed officers ensure the public of quality products while protecting the
agricultural industry against the introduction of potentially devastating plant or
animal pests and diseases.

The Office of Agricultural Law Enforcement also participates with federal, state, and
local governmental agencies on many projects, both criminal and non-criminal,
which either increases the efficiency of various agricultural programs or otherwise
generates additional revenues to the State without increasing costs to Florida
citizens. During times of natural or man-made disasters, the law enforcement
officers also organize and participate in relief efforts, the Mutual Aid Program, to
ensure that devastated areas receive adequate law enforcement protection so that
affected communities can quickly return to normal activities.

The Department of Agriculture and Consumer Services and the Department of
Revenue have joined in a cooperative effort to detect sales and use taxes which
have been unpaid on various commodities entering the state, thus increasing the
amount of taxes paid that would have otherwise remained uncollected (Section
213.053(7)(m), F.S.). Since the inception of the program in April, 1993, and
through March 2003, more than $110 million in unpaid taxes have been detected
and collected.

                            Office of Special Operations

The Office of Special Operations is comprised of the following units: The Mobile
Vehicle and Cargo Inspection System, K-9, Training, and Accreditation.

The Mobile Vehicle and Cargo Inspection System (VACIS) is a truck-mounted
imaging system used in the evaluation of the contents of trucks, containers, cargo,
and other vehicles to determine the possible existence of many types of
contraband. The deployment of this exciting new technology further enhances the
Department’s law enforcement border protection points against illegal introduction
of animal and plant pests and diseases and constitutes an integral part of Florida’s
statewide homeland security plan.

K-9 officers are assigned specially trained dogs and assist uniform officers by
providing a tool for trafficking agricultural products that are often being smuggled
interstate and intrastate. The K-9 Unit is a vital asset to Florida’s border protection
points.

The Training Unit coordinates and provides effective training to all law enforcement
officers as mandated by the Criminal Justice Standards and Training Commission.

The Accreditation Unit is pursuing accreditation for the Office of Agricultural Law
Enforcement through the Commission for Florida Law Enforcement Accreditation,
Inc. Accreditation is a desirable aware that symbolizes professionalism, excellence,
and competence.




                                                                                Page 25
 Office of Agricultural Water Resource Protection and Conservation

The Office of Agricultural Water Protection and Conservation (previously called the
Office of Agricultural Water Policy) was created under Section 570.074, F.S. to
ensure that agriculture is effectively represented in the development,
implementation, and evaluation of statewide water policy. The primary purpose of
this involvement is to better communicate the needs of our industry to the
Legislature, appropriate agencies, and the public in order to provide greater equity
and certainty in water use and allocation processes, to participate in water policy
issues, to develop and implement practices which are protective of water quality,
and to better represent and respond to agricultural needs.

The Office of Agricultural Water Protection and Conservation is responsible for
participating in water policy issues to ensure the availability of an adequate supply
and quality of water for the production of food and fiber. The Office of Agricultural
Water Protection and Conservation cooperates with agencies and agricultural
producers to make available streamlined agricultural regulatory processes and
voluntary, incentive-based alternatives, including agricultural best management
practices which offer agricultural producers choices and flexibility. The Office of
Agricultural Water Protection and Conservation provides assistance to Soil and
Water Conservation Districts in carrying out conservation activities at the local and
watershed level and providing improved local delivery of services to agricultural
producers. The Office of Agricultural Water Protection and Conservation
participates in South Florida, Everglades, and Lake Okeechobee ecosystem
restoration activities to ensure that these programs are conducted in a manner
consistent with sustainability of agriculture and natural resource conservation.

The Soil and Water Conservation Program, under the Office of Agricultural
Water Protection and Conservation, is charged to provide administrative and
technical program support to Florida's sixty-three Soil and Water Conservation
Districts. The Department is authorized, under Chapter 582, F.S., to provide a
broad array of services including funding and technical support, administrative
oversight, education, training, and leadership to Soil and Water Conservation
Districts.

                           Division of Administration

The Division of Administration, which reports directly to the Chief of Staff, provides
administrative support services to all other divisions and executive programs of the
Department. The Division administers the Department's accounting, personnel
management, revenue processing, information automation/processing, planning
and budgeting and general services.

The Director's Office staff coordinates the activities of the Division and also provides
agency-wide contract administration, safety program coordination, Department
leases, and other special administrative programs such as Department training,
awards, employee recognition, and requests for dual and outside employment.
Other special programs currently being administered are: Tree Payment Program;


                                                                                Page 26
Shade Florida Program; and the Emergency Management Plan Development and
Implementation. This office is also responsible for the indexing and listing of all
Final Orders of the Department and the Small County Technical Assistance
Program.

The Director's Office includes the Training and Development Section. It is
responsible for providing, coordinating, or making available to employees of the
Department selected programs, courses, and opportunities which directly relate to
the performance of official duties; meet the professional and human resource needs
of the Department and its employees; improve the quality of service to citizens and
management within the Department; and recognize employee achievements.
These responsibilities are accomplished by: conducting training needs
assessments; coordinating interagency training, Tuition-Free Courses, and Certified
Public Manager Training; providing courses in Supervisory Standards, Customer
Service, Cultural Diversity, Instructor Training, and New Employee Orientation;
conducting Team Building and Quality Action System workshops; coordinating the
efforts of the Department Training Team; serving as research and training
consultants to all divisions in the Department, and publishing an annual training
plan which lists and describes the programs available. This section, in addition,
coordinates nominations for Davis Productivity Awards and assists in the
Department Awards Programs.

There are five Bureaus within the Division of Administration: Bureau of Finance and
Accounting; Bureau of Planning and Budgeting; Bureau of Personnel Management;
Bureau of General Services; and the Agriculture Management Information Center
(AGMIC).

                 Agriculture Management Information Center

The Agriculture Management Information Center (AGMIC) provides the Divisions of
the Department with a multifaceted business approach to their information resource
management requirements. AGMIC focuses on customer service and on-going
support for communications (data and voice), computer operations, data
administration activities, hardware/software, information system development
methodology, networking activities, and office automation activities. AGMIC is
comprised of five (5) sections.

The Administration Section is responsible for the administrative matters associated
with the day-to-day operations of the Data Center. Information resource
management planning, information resource security, personnel, purchasing, and
budgeting are some of the issues addressed.

The Help Desk Section is the “One-Stop Shopping Section”. This section is where
all information resource management related support calls must initially be
received. The Help Desk Section is responsible for providing cross-functional
personnel for the receipt, logging, tracking, and follow-up activities for all
information resource management related support calls (problem reporting, new
service requests, etc.) The Help Desk Section is available for all computing needs -


                                                                               Page 27
hardware/software problems, “how-to” questions, and procedural questions. The
staff is available to answer questions and assist in problem reporting and resolution
five (5) days a week from 8:00 a.m. to 5:00 p.m.

The Information Systems Development Methodology/Data Administration Section is
responsible for the development and implementation of a Department-wide
Information Systems Development Methodology (ISDM) as well as data
administration activities. The section is also responsible for the coordination of
strategic information systems analysis, design, and implementation. The section
functions as a “Center of Excellence” for the application development activities of
the Divisions. Support for the development of geographic information systems
(GIS) is also one of the responsibilities of this section.

The Networking Section is responsible for the planning, analysis, design,
acquisition, installation, and maintenance of local area networks (LANs) and wide
area networks (WANs). The section is responsible for adding personal computers,
terminals, and printers to the data communications network supported by the
Department’s host mainframe computer. The installation of newly acquired
personal computers, software, and printers is also a responsibility of this section, as
is the systems analysis, design, acquisition, and maintenance of telephone systems.

The Operations Section is responsible for the operation of the host mainframe
computer and the Laser Printing System. The host mainframe computer facility is
available seven (7) days a week, twenty-four (24) hours per day. The Data Base
Administration Unit is responsible for the technical support of the data base
management systems (Oracle, DBMS, RDBMS, etc.) supported by the Data Center.
The Production Control Unit is responsible for the scheduling, processing, and
distribution of all batch jobs processed on the host mainframe computer. The
Technical Services Unit is responsible for the installation and support of all vendor-
supplied software products (operating systems, compilers, communications, etc.)

                       Bureau of Finance and Accounting

The Bureau of Finance and Accounting serves the Department by directing and
coordinating its financial activities. Some of the Bureau's major functions are:
receiving and accounting for Department revenues; processing invoices for
payment; preparing Department payroll; and reimbursing employees for travel
expenses. Finance and Accounting staff also coordinate accounting for contracts
and grants and fixed capital outlay projects and oversee the Department’s revolving
and clearing accounts. Other services provided by the Bureau include assisting
employees in obtaining commercial credit cards used for travel purposes; helping
Divisions with space leases; developing financial management reports, and working
with Divisions to interpret and reconcile accounting records.




                                                                               Page 28
                           Bureau of General Services

The Bureau of General Services is responsible for centralized administrative support
services for the Department in all areas relating to the procurement of
commodities, contractual services, construction work, grounds keeping, building
maintenance, custodial services, security services, records retention, facilities
management, environmental health and safety meetings, printing, and mail
services.

The Purchasing Section promotes efficiency, economy, legality, integrity,
minority utilization, and competition in accordance with applicable laws and rules as
they relate to procurement. This Section is responsible for solicitation, evaluation,
and awarding of Invitation To Bid / Request For Proposal; the issuance of purchase
orders and agreements for commodities, contractual services, and construction
work agreements; administration of the Purchasing Card Program; the planning and
scheduling of acquisitions; and maintenance of purchasing records relating to the
above activities in accordance with record retention requirements.

The Health, Safety, and Facilities Management Section is responsible for
maintaining a centralized program to ensure the Department's compliance with all
applicable rules and regulations governing construction, environmental health, and
life safety codes. This includes the maintenance of a statewide building inventory,
asbestos management program, and Americans with Disabilities Act building
transition plans.

The Building Maintenance Section is responsible for the day-to-day operations
of the Agricultural Complex and Mayo Building facilities. This includes all
preventative maintenance conducted at these facilities, minor repairs to electrical
and mechanical systems, and small renovations and/or construction projects. This
Section also manages the custodial and security services for these facilities.

The Supply Section provides warehouse storage and supply store services for
incoming and outgoing products and equipment maintained, distributed, surplused,
and/or disposed of as prescribed by rules and laws. This Section purchases,
receives, inspects, stocks, issues, delivers, and ships administrative forms and
specified office paper products.

The Grounds Section is responsible for planning, organizing, and implementing
short- and long-range landscaping and grounds-keeping programs for facilities
operated by the Division of Administration. The Grounds Section provides day-to-
day maintenance of the grounds and parking areas at the 106-acre Conner
Agricultural Complex and at the Mayo Building in Tallahassee. In addition, this
Section is responsible for the day-to-day feeding and care of the Cracker Cattle and
Cracker Horse herds located at the Conner Agricultural Complex in Tallahassee.

The Mail Section operates two separate mail centers for incoming and outgoing
mail for all Department offices in the Tallahassee area. This encompasses the
collection and processing of all outgoing Department mail, including Express,


                                                                             Page 29
Overnight, Bulk Rate Third Class, and Presort First Class Mail. The Mayo Mail
Center also offers envelope inserting and mailing list maintenance.

The Printing Section is engaged in the operation of a large and diversified Print
Shop with high speed copiers, offset presses, folders, a collator, and related
printing equipment in producing a wide variety of Departmental forms,
informational materials, reports, and similar material.

                        Bureau of Personnel Management

The Bureau of Personnel Management is responsible for administering a
comprehensive personnel program for the Department which includes, but is not
limited to, the following areas: recruitment, appointment, performance evaluation,
classification, attendance and leave, grievances and appeals, labor relations,
Affirmative Action/EEO, personnel records, payroll changes, employee benefits, and
separation from service.

The Bureau Chief's Office is responsible for developing the overall personnel policy
for the Department and for the maintenance and interpretation of the Department's
Administrative Policies and Procedures relating to personnel programs. In addition,
the Bureau Chief's Office oversees the Bureau budget and the Department rate
control function and provides direction and supervision to the following sections:

The Employee Relations Section is responsible for monitoring and reviewing all
disciplinary actions, appeals, grievances, layoffs, discrimination complaints, drug
testing, fitness for duty examinations, and compliance with collective bargaining
contracts. The Public Employee Performance Evaluation System (PEPES) program
area trains and assists supervisors in the development and administration of an
objective performance evaluation process, audits performance evaluations,
monitors deadlines for evaluations, and maintains performance evaluation records
on People First. This section is also responsible for directing and ensuring the
Department’s compliance with the Americans with Disabilities Act and administers
the Employee Assistance Program.

The Attendance and Leave Section is responsible for auditing timesheets for all
employees in accordance with the applicable rules and Fair Labor Standards Act.
Other functions include checking all overtime for accuracy prior to being forwarded
to payroll for payment, processing leave of absences without pay, and
administering the Sick Leave Pool, Sick Leave Transfer Program, and the Family
Medical Leave Act.

The Classification Section is responsible for reviewing and making
recommendations on actions to be effected under the Department's delegated
authority which includes reclassifying existing positions and classifying new
positions authorized by the Legislature. Other responsibilities include maintaining
official position descriptions, organization charts, pay plans, class specifications,
position county headquarters and organizational and position changes in the
Cooperative Personnel Employee System (COPES). Classification and pay studies,


                                                                               Page 30
pay grade adjustments, pay additives, organizational structure reviews,
reorganization requests, perquisites, and Department retirement awards are also
the responsibility of this Section.

The Benefits and Records Section is responsible for coordinating employee sign-
up, retirement, Deferred Retirement Option Program (DROP), participation in pre-
tax and post-tax insurances, and payroll-deducted offerings such as U.S. Savings
Bonds and Florida Prepaid College contracts. This section updates and maintains all
employees’ data on COPES, which includes “adding” newly appointed employees,
transfers, promotions, and reassignments and “separating” those employees who
leave the Department or retire. In addition, all salary adjustments and
classification actions are entered on COPES. This section also maintains all
employees’ personnel records for current and terminated employees of the
Department and enters W-4 information and address changes. This section also
verifies employment and copies personnel files as requested.

The Recruitment/Selection Section is responsible for developing and
distributing job postings; training and assisting supervisors in complying with
current employment laws as they relate to conducting interviews, selecting qualified
applicants, and developing/utilizing selection modules; representing the
Department at job fairs throughout the State; assisting applicants and employees in
the application process and pursuit of career goals; administering the provisions of
union contracts for promotional and reassignment considerations; and monitoring
EEO/Affirmative Action goals and efforts.

                       Bureau of Planning and Budgeting

The Bureau of Planning and Budgeting is responsible for coordination, development,
and preparation of the Department's Legislative Budget Request, Fixed Capital
Outlay Request, and
Long-Range Program Plan that sets the direction for the Department. Specific
responsibilities include: coordinating, developing, and preparing the Legislative
Budget Request for Operations and Fixed Capital Outlay (construction/renovation)
requirements; coordinating, developing, and preparing the Department's Long-
Range Program Plan; coordinating the review of Regional and County
Comprehensive Plans in connection with statewide review efforts headed by the
Department of Community Affairs; assisting in allocating the funds provided by the
Legislature to each Division within the Department for entering into the Statewide
Automated Management Accounting System (SAMAS); directing the preparation,
submission, and tracking of budget amendments; monitoring budgets/expenditures
throughout the Department; monitoring trust fund balances; serving on the
Department's Revenue Committee; conducting salary/benefit projections for the
Department; tracking and lobbying the Department’s Budget Request through the
Governor’s recommendation process and House and Senate review and
recommendation process; and analyzing and coordinating Department responses
for Fiscal Impact Statements of proposed legislative bills for the Legislative Affairs
Office.




                                                                              Page 31
                              Division of Licensing

The Division of Licensing, established in 1975, administers two distinct licensing
programs. While these two programs are oriented in different directions – one
involves the regulation of a group of specialized professionals and businesses, the
other enables citizens to carry concealed weapons – they do share one common
goal: to enhance the safety and welfare of Florida citizens by providing reasonable
assurances that applicants are law-abiding individuals who are trained, qualified,
and knowledgeable and do not pose a threat to society.

The first program pertains to the regulation of the private security, private
investigation, and recovery (repossession) industries. Under the authority of
Chapter 493, Florida Statutes, the Division licenses and regulates over 125,000
individuals and agencies in this program. The Division's regulatory powers are
broad and comprehensive, encompassing all aspects of the operation of the
regulated industries. The Division's oversight begins with the establishment of
education/training curricula and minimum licensure requirements for new licensees.
The licensure process involves subjecting each application to careful scrutiny to
ensure that the applicant meets all statutory requirements and does not have a
criminal record that would disqualify him or her from being licensed. Then, by
conducting routine inspections and investigations, the Division monitors licensed
individuals and agencies for compliance with regulatory requirements to ensure that
each licensee performs his/her duties and provides services in accordance with the
public interest.

Second, pursuant to Section 790.06, Florida Statutes, the Division issues Concealed
Weapon/Firearm Licenses to qualified citizens who wish to carry a concealed
weapon for lawful self-defense. Florida made history in 1987 when it became the
first state to issue a statewide concealed weapon license. Currently, over 307,000
individuals hold such a license. The Division's duties under this program are similar
to its duties under Chapter 493, Florida Statutes: the objective is to ensure that the
issuance of licenses and the conduct of licensees are consistent with the public
good. The Division reviews each license application to confirm that an applicant is
qualified and competent to carry a firearm. Applicants are subjected to criminal
history background checks and are screened for disqualifying conditions (mental
incapacities, routine drug or alcohol abuse, felony convictions, domestic violence
conviction, etc.). The Division works closely with law enforcement authorities in the
name of public safety, disseminating quarterly reports to each of the 67 county
sheriffs’ offices listing the concealed weapon/firearm licensees in each county. In
addition, the Florida Department of Law Enforcement, using the Division's database
as its source, maintains identification data about our concealed weapon/firearm
licensees on its computer network. Information about our concealed
weapon/firearm licensees is thus readily available to in-state and out-of-state law
enforcement officers 24 hours a day. The Division has three Bureaus and a Legal
Section.




                                                                              Page 32
                         Bureau of License Issuance (BLI)

The Bureau of License Issuance is responsible for the issuance and denial of
licenses. BLI receives and examines applications for statutory compliance and
verifies each applicant's eligibility for licensure. This verification process involves a
review and an evaluation of the applicant's prior work history, educational
background, and any relevant information revealed by the criminal history
background check.

                  Bureau of Regulation and Enforcement (BRE)

This Bureau conducts investigations and inspections of licensed individuals and
agencies in the regulated industries. Working in conjunction with the Division's
Legal Section, the Bureau of Regulation & Enforcement also recommends and
carries out disciplinary actions and conducts informal hearings. BRE provides
services to applicants, licensees, and the public at eight Regional Offices located in
Miami, West Palm Beach, Jacksonville, Orlando, Punta Gorda, Tampa, Fort Walton
Beach, and Tallahassee.

                         Bureau of Support Services (BSS)

The Bureau of Support Services coordinates and performs the Division's
administrative and support operations. BSS is responsible for the operation of the
Division's Electronic Document Management System and other data processing
functions (including systems development, implementation, and maintenance).
This Bureau also operates the mailroom and oversees all accounting functions.

                                 Compliance Section

The Legal Section takes administrative actions against licensees who violate the law
and issue denials to applicants who fail to qualify for licensure. The attorneys in
this Section routinely perform legal research and render legal opinions on matters
pertaining to the activities of the regulated industries and on weapons
possession/ownership. They also represent the Division in administrative hearings
and other civil and appellate proceedings.




                                                                                  Page 33
                             Deputy Commissioner

The Deputy Commissioner oversees the operations of the Division of Fruit and
Vegetables, the Division of Plant Industry, and the Division of Marketing and
Development. The Deputy Commissioner works with the Commissioner and Chief
of Staff in setting policy for these three Divisions and making sure that policy is
properly administered. It is the Deputy's responsibility to make sure that each
division functions according to the statutory requirements, policies, and procedures
established by law and the Department. The Deputy is responsible for keeping the
Commissioner and the Chief of Staff apprised of matters concerning their
operations.

Supervising the preparation of each division's annual budget requests and
monitoring the adherence to the budget is an important function of the Deputy
Commissioner. The Deputy also represents the Commissioner or Chief of Staff
before legislative bodies (both state and federal) by testifying about matters
affecting the Department.

The Deputy Commissioner represents the Department at conferences, conventions,
and meetings concerning departmental regulatory matters within and outside
Florida. Finally, the Deputy Commissioner coordinates special programs directed by
the Department, including the Silviculture Best Management Practices Committee.

                       Division of Fruit and Vegetables

The Division of Fruit and Vegetables consists of two major operating units: The
Office of the Director and the Bureau of Inspection. The Division of Fruit and
Vegetables is headquartered in Winter Haven and carries out the Florida Citrus
Code, Sections 601.01 - 601.9916 F.S., and Federal Marketing Orders on citrus,
limes, avocados, peanuts, and tomatoes. Inspection and grade certification of
these commodities is mandatory under the Florida Citrus Code and Federal
Marketing Orders.

The Division’s services range from inspecting fresh produce that is destined for sale
or shipment to certifying canned and concentrated citrus juice through contractual
agreements with the USDA’s Processed Foods Branch. The Division also works
closely with the Division of Plant Industry and the USDA/APHIS on regulations that
affect citrus.

The Division Director’s Office is comprised of several functional work groups made
up of the Fiscal Office, Personnel Office, and Citrus License and Bond. These offices
carry out many facets of the Division’s program of work, such as payroll, accounts
receivable, accounts payable, developing the Division’s operating budget, Division
staffing, insurance, retirement, bonding, and licensing of citrus fruit dealers. The
Director’s Office also consists of three sections which include the Technical Service
Section, Training and Research Section, and the Information Services System.




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The Technical Service Section monitors the operation and accuracy of the
automated citrus juice evaluation systems. These units automatically determine
the acid percentage, degree Brix, juice content, and pound solids per box before
printing this information on official inspection certificates.

The Training and Research Section ensures that all citrus and vegetable
inspectors are properly trained in all state and federal inspection procedures for
every commodity the Division inspects. The Section also conducts research
projects and assists in the development of new and improved inspection programs
in conjunction with the USDA.

The Information Services section is responsible for updating and maintaining all
of the Division’s computer operations. This Section is also responsible for the FAVR
(Fruit and Vegetable Reengineering) project, which will totally update and broaden
the computer capabilities of the Division. This Section is also responsible for
maintaining the CitraNet and FreshNet computer systems for the citrus industry.

                               Bureau of Inspection

The Bureau of Inspection is comprised of two major inspection sections. These are
the Citrus and Vegetable Inspection Sections.

The Citrus Inspection Section inspects and certifies the quality and condition of
all regulated citrus when it is prepared for export and domestic shipment in fresh
form. The Citrus Administrative Committee, by authority of Marketing Order 905,
regulates the size of citrus fruit, which may be shipped export, interstate, or west
of the Suwannee River in Florida. The Department of Citrus regulates the size of
containers, labeling, and packaging. It also controls the size and grade of fresh
citrus fruit to be sold interstate. The Citrus Fruit Laws spell out the minimum
maturity requirements. Enforcement of these rules, laws, and regulations is the
Section’s responsibility.

The Section also inspects and verifies all fresh citrus for processing. The fruit is
inspected for condition to prevent the processing of unwholesome or decayed fruit.
Each load of fruit that is delivered for processing undergoes maturity and internal
quality analysis. The internal quality analysis is used for determining each load’s
value to the supplier.

The Vegetable Inspection Section operates under Federal Marketing Orders
covering avocados, limes, tomatoes, and peanuts, all of which require grade, size,
and condition certification. Tomatoes also require container weight certification.

The Section maintains a compulsory positive lot identification program on avocados,
limes, and peanuts. Positive lot identification on tomato shipments is on a
voluntary basis, becoming mandatory only if the shipper elects to use the Marketing
Order Clearance Certificate. Shipping point inspection of all other produce is on a
voluntary basis.




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Terminal Market inspection is available year-round in Jacksonville, Tampa, Orlando,
Pompano Beach, Homestead, Immokalee, Palmetto, High Springs, Graceville, and
at several other points on a seasonal basis. Import and export are handled by
collaborators from these offices.

The USDA requires all inspectors designated as collaborators to periodically attend
Terminal Market refresher classes to keep abreast of any changes in policy, grade,
rules, and regulations.

                           Division of Plant Industry

The Division of Plant Industry is the regulatory plant protection unit for the Florida
Department of Agriculture and Consumer Services. The Division works to detect,
intercept, and control plant and honeybee pests that threaten Florida’s native plant
resources, agricultural, and horticultural industries. Division efforts concentrate on
the exclusion of exotic pests and the prevention of their spread through the
regulation of plant and honeybee movement and through extensive survey
programs designed for the early detection of new pests to mitigate the need for
control activities.

This Division was established in 1915 as the State Plant Board due to the need to
eradicate citrus canker disease, which was first detected in Florida in 1912.

In 1959, the Florida Legislature reorganized the Agency as the Division of Plant
Industry within the Florida Department of Agriculture. The Division moved into its
current headquarters, the Doyle Conner Building in Gainesville in 1967.

There are five bureaus in the Division: Plant and Apiary Inspection; Entomology,
Nematology, and Plant Pathology; Methods Development and Biological Control;
Pest Eradication and Control; and Citrus Budwood Registration. The administrative
offices are: Library, Technical Assistance, Training Coordinator, Personnel, and
Fiscal.

The primary statutory responsibilities of the Division are: Chapter 581,
 Sections .011 - .212, Chapter 586, Sections .01 - .165, and Chapter 593, Sections
.101 - .117.

Within the Administrative Section, the Division Director directs, coordinates,
and enforces all Division of Plant Industry activities and statutory responsibilities.
The Director is responsible for carrying out the goals and objectives of the Division
and for coordinating Division activities with other divisions, various State agencies,
the federal government, and the agricultural industry. The Assistant Director
coordinates various Division program activities, serves as the Division Safety
Coordinator, reviews and evaluates permits, coordinates Division rule making, and
provides other supervision and management where needed.

The Division library maintains a specialized research collection of materials in
entomology, plant pathology, nematology, botany, apiculture, and related topics.


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The library contains more than 17,000 bound volumes, with approximately 400
active periodical subscriptions and 784 periodical titles held. The library also
maintains an archival record of publications of the Division, provides on-line
searching, and obtains materials not locally available via interlibrary loan.

The Office of Technical Assistance assists the Bureaus in the production and
printing of general, technical, and scientific information about pests and diseases of
plants and honeybees for distribution to our inspectors in the field, industry
persons, scientists, other government agencies, and the general public. Technical
Assistance provides photographic services; biological illustrations and related
graphics; and writing, editing, and publishing services. This office coordinates the
planning, production, and printing of all Division publications. It also responds to
information requests on a daily basis and during emergency programs, providing
information to the State and national media, government agencies, and the public.

The Office of the Training Coordinator arranges for training of new
Environmental Specialists. Ongoing training is provided in many other areas,
including defensive driving, CPR and first-aid, chemical safety, fire safety, back
injury prevention, and heat stress prevention. This office also coordinates training
activities and oversees safety during emergency programs.

                     Bureau of Plant and Apiary Inspection

The Bureau of Plant and Apiary Inspection is responsible for the early detection of
plant and apiary pests and diseases which pose a serious threat to Florida
agriculture. The Bureau enforces Florida Statutes and Departmental rules
pertaining to the movement of plants, plant products, and honeybees.

The Bureau’s functions include import and export inspection, certification for
domestic and foreign plant movement, and pest survey and detection within state
borders.

The Bureau employs 120 plant inspectors and 11 apiary inspectors statewide who
are responsible for pest survey and detection, nursery stock inspection, and other
related activities. Other specialists carry out a continuing census of commercial
citrus acreage in the State. Another team of specialists is employed primarily in
selecting citrus nursery sites and certifying citrus nursery stock grown for shipment
to commercial citrus groves within the State and other nursery stock grown for
shipment to destination states and countries having certification requirements
pertaining to nematodes.

As a major importer of nursery stock from foreign countries, Florida is particularly
vulnerable to plant pest introduction. Plants from states with pest problems of
particular concern to Florida are inspected by Bureau inspectors at the recipients’
premises.

All foreign plant imports, except those with pre-shipment clearance, are inspected
by (USDA/APHIS) United States Department of Agriculture, Animal and Plant Health


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Inspection Service personnel at ports of entry and released to importers when entry
requirements are met. Certain species of plants whose entry would otherwise be
prohibited are released to importers under an agreement that the plants will be
held under post-entry quarantine and grown at an approved site for a specified
period of time (two years for most species). Bureau inspectors approve growing
site locations and conduct periodic inspections required under post-entry quarantine
agreements.

The Bureau inspects and certifies an assortment of agricultural commodities which
are exported or imported from a variety of domestic and foreign sources. With the
cooperation of the Division of Agricultural Law Enforcement’s Uniformed Operations
Section, the Bureau of Plant and Apiary Inspection monitors vehicles entering the
State carrying plants, plant products, and honeybee colonies.

The limited effectiveness of plant inspection and certification requirements in
preventing pest introductions has led to various survey programs aimed at early
detection of introduced pests when exclusion and interception have failed.
Currently, the survey programs include high-risk urban and non-urban areas of the
State.

Pest surveys are made at nurseries and nursery environs, and on properties where
fruit fly detection traps are located. There are more than 50,000 fruit fly detection
traps throughout the State.

Nursery stock inspection provides the basis for certification of plants for export or
movement in the domestic and foreign marketplace. Many foreign countries will
accept only federal phytosanitary certificates, whereas others will accept state
certificates provided they conform to the international model. Plant shipments not
meeting certification requirements may be refused entry or require
quarantine/treatment at destination. Each year, plant inspection personnel issue
more than 20,000 phytosanitary certificates for agricultural commodities destined
for about 90 foreign countries and inspect and certify plants for export to other
states or for intrastate movement.

The Bureau inspects and registers all nurseries and nursery stock dealers operating
in the State.

The Division of Plant Industry recognizes and protects native plant species that are
endangered, threatened, or commercially exploited. The Bureau has developed a
procedure to allow restricted harvesting of protected species from the wild to
encourage propagation of native species and prevent the wanton destruction of
native plant populations.

The Bureau of Plant Inspection currently administers several special programs:
      The Boll Weevil Eradication Program is a multi-year federal-state-grower
cooperative program that has effectively eliminated the cotton boll weevil from
North Florida.




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       The Caribbean Fruit Fly-Free Protocol is a body of regulations under
which fresh Florida citrus fruit may be certified free of the Caribbean fruit fly and
shipped to those domestic and foreign markets that have established regulations
for this pest. Bermuda, Brazil, Columbia, Japan, New Zealand, Thailand, and the
states of California, Hawaii, and Texas have accepted this certification protocol,
thereby eliminating the need for post-harvest treatments of citrus fruits.
       Imported Fire Ant Certification stipulates conditions (treatments) which
must be met prior to shipping regulated articles out of the imported fire ant
regulated area.
       Apiary Inspection prevents the introduction, dissemination, and
establishment of honeybee pests and diseases. This protects the honey industry as
well as the valuable pollination services derived from managed honeybee colonies.

Apiary inspectors certify honeybees for movement intrastate, interstate, and
internationally. Regulated pests and diseases include American foulbrood disease,
Varroa mite, and unwanted races of honeybees. Inspectors collect and submit
samples to the food lab for certification as Tupelo honey and certify honey for
foreign export. There are more than 230,000 honeybee colonies in Florida apiaries.

A major concern is the African honeybee (AHB). The Department has the most
active state program in the United States to prevent the accidental introduction of
this pest. Hundreds of bait hives are being monitored at 14 Florida ports along the
Florida-Alabama border and at strategic locations along Interstate Highway 10.
Baseline samples have been collected to assist in the identification of African bees
and an educational program to inform ships' crews and dock workers of the
importance of reporting swarms of bees has been effectively implemented.

The Bureau has also worked closely with the states involved in the eastern states
migratory pattern to develop the Eastern States Agreement on consistent
certification requirements. This permits the more orderly movement of bees for
pollination and honey production. There is also a cooperative effort with the Apiary
Inspectors of America, the American Beekeeping Federation, and the National
Association of State Departments of Agriculture (NASDA) to develop national
uniform honeybee certification procedures.

          Bureau of Entomology, Nematology, and Plant Pathology

The Bureaus of Entomology, Nematology, and Plant Pathology and the Office of
Systematic Botany have been reorganized into a single technical Bureau.

The Entomology Section provides arthropod identification service, conducts
limited investigations of certain economic problems, builds and maintains a general
arthropod reference and research collection known as the Florida State Collection of
Arthropods (FSCA), conducts taxonomic investigations, supervises the security of
the Biological Control Laboratories, and develops the taxonomic and biological
control literature to support these areas of responsibility.




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This Section provides identifications, particularly for insects of quarantine
significance, to the Division, the Cooperative Extension Service of the University of
Florida, industry, and homeowners. The FSCA and a library containing taxonomic
literature references are maintained for identifications. The FSCA now ranks sixth
in size in the United States and is the largest in the South.

The Entomology Section also oversees the Biological Control Laboratory, including
the security and identification of prospective parasite and predator candidates for
control of pest insects. The Biological Control Laboratory currently includes a
maximum security unit for introducing new candidates which are screened for
hyperparasites and a Phase II facility for further investigations under quarantine
restrictions until such time as final approval for environmental release is received.

The Nematology Section conducts diagnostic analyses of soil root samples for
identification of phytoparasitic nematodes involved in regulatory programs, pest
detection surveys, and phytoparasitic nematode plant problems. A comprehensive
taxonomic filing system is maintained, as is a collection of nematode specimens
preserved on microscope slides and in vials.

The Nematology Section surveys agricultural and horticultural crops to identify new
and/or exotic nematodes within the State or those that may be introduced from
other states or countries and to determine host status and distribution of potential
pests and quarantine nematodes. Nematologists investigate methods of control,
eradication, and dissemination of nematode pests; identify new genera or species
of nematodes and new host-parasite relations; and develop sanitation and control
measures.

The Plant Pathology Section diagnoses plant diseases; indexes seeds, budwood,
and crops for endemic and exotic plant pathogens; investigates the control,
management, and/or containment of plant diseases of regulatory importance; and
surveys and responds to new plant disease threats.

Plant Pathology personnel screen permit applications for the importation into or
movement within Florida of plant pathogens or plant materials suspected of
harboring plant pathogens.

This Section conducts two ongoing indexing programs: The citrus budwood indexing
phase of the Citrus Germplasm Introduction Program screens desirable new
cultivars of citrus for virus and virus-like diseases before the budwood is released to
the industry; and the second indexing program is concerned with seed-borne
lettuce mosaic virus. By mutual agreement among lettuce growers in a designated
disease suppressive area in South Florida, only indexed, virus-free seed can be
planted, thereby managing this serious disease with a minimum of expense.

The Office of Systematic Botany primarily provides assistance in plant
identifications and related services. This office is also involved in projects related to
threatened and endangered plant species.




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           Bureau of Methods Development and Biological Control

The Bureau of Methods Development and Biological Control develops, investigates,
and implements new ideas, techniques, and methods for the detection, control, and
eradication of plant and honeybee pests. Bureau personnel are involved in
chemical control methods, biological control activities, sterile insect technique,
quality control, environmental concerns, restricted-use pesticide training and
licensing, hazardous waste storage and disposal, and adapting research of other
agencies and modifying equipment to meet division needs.

The Bureau's major emphasis has been in the area of biological control, which
began with citrus blackfly. The Bureau developed an ongoing biological control
program using parasitic wasps to control outbreaks of this pest in citrus production
areas.

Other bio-control activities include releases of an egg predator of the sugarcane
delphacid, studies of parasites of red wax scale and philephedra scale, and the field
release program for sterile Caribbean fruit flies. The Bureau rears and releases a
parasitic wasp to control Caribbean fruit fly.

The Bureau maintains parasite populations to control the following pest insects: fire
ant, pink hibiscus mealybug, brown citrus aphid, Asian citrus psyllid, giant whitefly,
citrus leafminer, citrus blackfly, and pepper weevil.

Other Bureau duties include the certification of fumigation chambers to allow
growers to meet quarantine restrictions of other states and the fumigation of
miscellaneous materials such as museum specimens. Bureau personnel oversee a
fruit fly rearing facility in Gainesville, used for mass-rearing Caribbean fruit flies.
Sterile Caribflies are used in research programs and to supply researchers with flies
to combat this pest of citrus and other fruit. The facility was designed to produce
35 million flies per week.

The Bureau also maintains the Florida Accelerator Services and Technology Center
in Gainesville. The facility, utilizing a linear accelerator, is designed for research
and demonstration purposes. It is also used to sterilize the Caribflies produced in
the mass rearing facility. Exploring new methods of promoting food safety is a
primary goal of the Department. To that end, research will focus on irradiating
seafood, poultry, and pork; extending shelf life of foods; and inhibiting sprouting in
potatoes and onions.

                     Bureau of Pest Eradication and Control

The Bureau of Pest Eradication and Control in Winter Haven responds to the
introduction of any plant pest of economic importance that must be regulated,
controlled, or eradicated under existing Florida Statutes, rules, and/or emergency
rule.




                                                                                Page 41
For more than half a century, the Division has conducted control and eradication
programs against harmful pests and diseases, including the giant African snail,
citrus canker, Mediterranean fruit fly, black Parlatoria scale, wild red rice, the
burrowing nematode, the American grasshopper, and a myriad of others.

This Bureau also oversees the operation of the Department's fumigation chambers
at Wahneta. Some fresh Florida produce is fumigated in order to satisfy
certification requirements of important domestic and foreign markets. Arizona,
California, Hawaii, Texas, and Japan require fumigation of citrus fruit not qualifying
under the Caribbean Fruit Fly-Free Protocol.

                     Bureau of Citrus Budwood Registration

This Bureau, headquartered in Winter Haven, was established in 1953 to manage
the Florida Citrus Budwood Registration Program. The program assists growers and
nurserymen in the production of horticulturally superior citrus nursery stock from
tested sources believed to be free of certain virus and other graft transmissible
diseases.

The Bureau selects horticulturally sound, high-yielding citrus trees for screening by
biological and serological indexing to detect graft-transmissible diseases
detrimental to tree performance. The Bureau operates eight greenhouses and a
nursery for growing young citrus trees and observing disease symptoms on specific
indicator plants. It also oversees foundation plantings (approximately 80 in central
Florida and 20 acres in Southwest Florida with insect-proof screen houses)
consisting of the best citrus-producing budlines. The Bureau maintains a five-acre
germplasm collection consisting of 275 trees representing many of the 33 genera
and 203 species and near-relatives of citrus.

The Bureau supervises participants producing registered citrus nursery stock that
preserves the identity of the nursery propagations and maintains records of
program activities leading to the registration of five-to-seven million nursery trees
each year from budwood produced from scion-source or increase block-source
trees.

                  Division of Marketing and Development

The Division of Marketing and Development is responsible for providing professional
marketing services in all phases of the marketing system that will bring fair returns
to Florida producers, conserve Florida resources, and supply customers with quality
agricultural products at reasonable prices. Some specific Division responsibilities
include providing estimates of Florida crop and livestock production; gathering,
analyzing, and disseminating information concerning the current supply, demand,
price, quality, and movement of Florida agricultural products; and maintaining and
operating farmers' markets located throughout the State.

The Division is comprised of the Bureau of Education and Communications, the
Bureau of Development and Information, the Bureau of Food Distribution, the


                                                                               Page 42
Bureau of License and Bond, the Bureau of Seafood and Aquaculture, the Bureau of
State Farmers' Markets and the Florida Agricultural Statistics Service. The primary
statutory responsibilities of the Division are Chapters/Sections 327.28, 370.06,
403.714(3)(4)(5), 504, 534.47-.53, 535, 570, 571, 573, 574, 597, 599, 600.051,
601.28, 603.201-.204, 604, 616, and 618.

                    Bureau of Development and Information

The Bureau of Development and Information stimulates, encourages, and fosters
the production and consumption of agricultural products in addition to conducting
activities that provide a better understanding and more efficient cooperation among
producers, buyers, retailers, food editors, and the consuming public in the
promotion and marketing of Florida agriculture. The Bureau is responsible for
establishing and maintaining programs which will aid in the orderly marketing and
efficient distribution of Florida's Agricultural products. The Bureau of Development
and Information is divided into four sections as follows:

The International Marketing Section is responsible for the distribution and sale
of Florida agricultural and agribusiness products in foreign markets throughout the
world. Under the From Florida USA umbrella, industry assistance is provided
through marketing research, international exporters' conferences, trade leads,
international trade shows, trade missions, and reverse trade missions. Assistance
is also provided to companies applying for Market Promotion Program Funds which
provide matching funds to facilitate overseas promotions. This section also works
closely with the Florida International Agricultural Trade Council to host a trade show
bringing hundreds of foreign buyers to the State each year.

The Merchandising Section is responsible for the promotion of Florida agricultural
products to retailers and consumers through personal merchandising visits,
television appearances, development and distribution of consumer recipe
brochures, point-of-purchase materials, participation in state and national trade
shows, and coordination of the Florida Agricultural Promotional Campaign (FAPC)
including "Fresh from Florida" and "From Florida" member activities.

The Producer/Assistance Section is responsible for the administration of the
following programs: Compost, Recycling, Organic Food and Labeling, Viticulture,
State Marketing Program, and Tropical Fruit. This Section promotes all Florida
agricultural products including, livestock, ostriches, rabbits, Christmas trees,
soybeans, tobacco, and peanuts via personal visits, development and distribution of
brochures, and participation in national trade shows.

The Market News Section is located in Orlando and obtains and disseminates
current price, supply, movement data, and other such pertinent information on the
agricultural products of the State; reports and disseminates livestock market prices
from auctions; reports shipments of fruit and vegetables leaving the State and
inputs information daily for USDA dissemination throughout the U. S.; reports FOB
prices on Florida avocados, limes, and mangoes; provides Florida
growers/processors and federal offices with prices and bird slaughter and weekly


                                                                              Page 43
egg inventories for the State; and produces Foliage Facts Reports on cut flowers,
ferns, and vegetables.

                    Bureau of Education and Communication

The Bureau of Education and Communication is responsible for educating and
informing consumers and coordinating the communication efforts of the Florida
Department of Agriculture and Consumer Services through the production and
distribution of news releases, brochures and other publications, videos, and radio
programming. The Bureau is composed of four sections:

The Administrative Section handles Bureau administrative functions, coordinates
and prioritizes Bureau projects, administers the Florida Agriculture in the Classroom
program, manages special projects for the Commissioner and staff, and tracks
publication distribution.

The Information Section produces and disseminates: News Releases; Open
Lines, the Department's employee newsletter; the Florida Market Bulletin, a
monthly agricultural newspaper featuring agricultural classified advertisements; and
the Department's Annual Report. The section also responds to public requests for
information.

The Education Productions Section produces and disseminates informational,
educational and promotional audio and video productions such as television and
radio public service announcements, radio programming, television news segments
and documentaries,
and internal training videos.

The Graphics Section provides a broad range of graphics services for the
Department including conceptualization, layout and design, printing, exhibit design
and construction, and still photography.

                           Bureau of Food Distribution

The Bureau of Food Distribution is responsible for the administration of the United
States Department of Agriculture (USDA) Food Distribution Program and The
Emergency Food Assistance Program (TEFAP) for the State of Florida. This Bureau
determines eligibility for participation in the various programs and orders, allocates,
and accounts for food valued at about $50 million annually. This Bureau also
monitors agencies for compliance with federal requirements, manages a
reprocessing program, and provides training and technical assistance to
approximately 850 agencies.

This Bureau supervises and coordinates the ordering and information dissemination
related functions of the Food Distribution and The Emergency Food Assistance
Program; supervises and coordinates the ordering of USDA products; and monitors
the utilization of entitlements by recipient agencies.




                                                                               Page 44
This Bureau also supervises and coordinates recipient agency eligibility
determination, reviews recipient agencies to ensure compliance with policies and
procedures, and trains staff and recipient agencies.

Other functions of this Bureau include managing the State's Processing Program;
handling all State Food and Nutrition Advisory Council Functions; managing
Emergency Support Function 11 - Food, Water, and Ice on behalf of the State;
providing guidance to the Food Recovery Program; and developing and managing
contracts for The Emergency Food Assistance Program, commercial warehouses,
and the Food Recovery Program.

                          Bureau of License and Bond

In the interest of the public welfare, it is necessary to regulate agricultural
products' dealers in the State of Florida. The Bureau of License and Bond is
charged with the administration and enforcement of the agricultural License and
Bond Law and the rules adopted under it. Under the law, all non-exempt
agricultural products' dealers must obtain a license from the Department and post
appropriate bonds to ensure that producers receive proper accounting and payment
for their products sold on an other-than-cash/currency basis. Any person, unless
specifically exempt, who is engaged within the State in the business of buying,
receiving, soliciting, handling, or negotiating agricultural products from or for
Florida producers, or their agents, must be licensed and bonded.

                      Bureau of Seafood and Aquaculture

The Bureau of Seafood and Aquaculture promotes Florida seafood, marine products
and aquacultural products through public awareness, public education, industry
assistance, project development, and marketing endeavors. The Bureau’s staff
plan, coordinate, and direct market promotion and merchandising initiatives for
Florida seafood products across Florida, the United States, and internationally.

                       Bureau of State Farmers’ Markets

The Bureau of State Farmers' Markets provides information, leadership, and
modern facilities necessary to move farm products from the farm to the consumer.
The Bureau manages the operation of fourteen (14) state-owned wholesale
shipping point farmers' markets and leases these facilities to farmers, packers,
brokers, truckers, and related agribusinesses. The State Farmers' Markets are
located throughout the State: Bonifay, Florida City, Fort Pierce, Fort Myers,
Gadsden County, Immokalee, Palatka, Plant City, Pompano, Sanford, Starke,
Suwannee Valley, Trenton, and Wauchula. The Bureau also administers the Fairs
and Expositions Program.

                     Florida Agricultural Statistics Service

The Florida Agricultural Statistics Service (FASS) is the main data gathering agency
with the purpose of collecting, compiling, and providing current statistics on


                                                                             Page 45
Florida's agriculture. This service is provided in cooperation with the USDA's
National Agricultural Statistics Service (NASS) and the University of Florida's Food
and Resource Economics Department (FRED). A primary goal of the FASS is to
provide farmers, ranchers, and other producers of agricultural commodities with
unbiased and reliable information to assist them in making production and
marketing decisions. Other important users of agricultural statistics are farm
organizations, agribusiness and transportation firms, state and national policy
makers, and foreign buyers of agricultural products.




                                                                              Page 46
                             Deputy Commissioner

This Deputy Commissioner oversees the operation of the Division of Agricultural
Environmental Services, the Division of Dairy Industry, and the Division of Food
Safety.

The Deputy Commissioner works with the Commissioner and Chief of Staff in
setting policy for these three divisions and ensuring that such policy is properly
administered. It is the Deputy's responsibility to make sure that each division
functions according to the statutory requirements, policies, and procedures.

The Deputy is responsible for keeping the Commissioner and Chief of Staff apprised
of matters about their operation. Among other important duties is guiding the
divisions under her control in preparing the Legislative Budget Request and Long-
Range Program Plan.

The Deputy Commissioner represents the Department at conferences, conventions,
and meetings concerning departmental regulatory matters, within and outside of
Florida.

The Deputy also represents the Commissioner and Chief of Staff before legislative
bodies (both state and federal) by testifying about matters affecting the
Department.

Finally, the Deputy Commissioner participates in and directs special program
projects for the Department. This is especially important when these special
projects involve the research, development, and implementation of critical policy
programs of the Department.

             Division of Agricultural Environmental Services

The Division of Agricultural Environmental Services carries out its responsibilities
through four functional Bureaus, all of which report to an administrative section of
the Division. This Division's functions are extremely diverse with primary
responsibility for enforcement of Chapters/Sections 388, 482, 487, 504 Part II,
576, 578, and 580, F.S.

The Administrative Section provides information technology support and overall
guidance and direction in planning, implementing, coordinating, conducting, and
evaluating all activities of the Division.

                        Bureau of Compliance Monitoring

The Bureau of Compliance Monitoring registers feed, seed, and fertilizer products
sold in Florida and licenses organic food certifying agents. The Bureau is charged
with ensuring these commodities meet statutory requirements and that pesticide
products and applicators comply with the State’s pesticide regulations under
Chapter 487, F.S.


                                                                               Page 47
The Feed Section is responsible for the enforcement and administration of the
Florida Commercial Feed Law, Chapter 580, F.S.

A distributor of commercial feed must obtain a master registration and place on file
in the Feed Section, a copy of, or a label for, each brand of feed to be distributed in
Florida. The label or tag is reviewed to see that it complies with the administrative
requirements of the Feed Law.

All registrants must apply for a reporting permit supported by a $1,000 surety bond
or certificate of deposit. Fees are paid quarterly at the rate of $.50 per ton.

The Seed Section is responsible for the enforcement and administration of the
Florida Seed Law, Chapter 578, F.S. Anyone who markets agricultural, vegetable,
flower, forestry, or mixed seed must register with the Department as a seed dealer.
This is an annual registration which is based on a graduated scale of gross receipts
from the sale of seed during the previous license year. The more seed a dealer
sells, the higher the license fee.

The Fertilizer Section is charged with the enforcement and administration of the
Florida Fertilizer Law, Chapter 576, F.S., which requires that fertilizer companies
doing business in Florida be licensed with the Department and show proof of a
surety bond or certificate of deposit. Each company pays an inspection fee of $.75
a ton for mixed fertilizer and $.30 a ton for untreated phosphatic materials.
Specialty fertilizer requires a registration fee of $100 for the first five registrations
for each grade and $25 for each subsequent grade.

The Fertilizer Section is responsible for assessing and monitoring penalties against
fertilizer licensees for distributing deficient plant food and for production of short
weight fertilizers. This Section is responsible for collecting registration and license
fees. They are also responsible for tracking and recording the consumption of
fertilizer sold in the State of Florida and compiling a monthly and annual fertilizer
consumption report.

Anyone engaged in the application of restricted-use pesticides on agricultural sites
is required to have a certified applicator's license or work under the direct
supervision of a licensee. A dealer's license is required by anyone who distributes,
sells, or offers for sale restricted-use pesticides with this State. The Licensing
and Certification Section issues and renews pesticide applicator and dealer
licenses in accordance with the Florida pesticide law and rules. This involves
providing information to the public about requirements and procedures, approving
training sessions to support continuing education requirements, and maintaining
these data for the Department. Other responsibilities include maintaining a sample
analysis database for pesticides and nitrate in groundwater and processing
notifications of aldicarb applications statewide.

The Field Section’s field specialists in the Bureau of Compliance Monitoring are
responsible for collecting samples of commercial feeds and feedstuffs for analyses


                                                                                  Page 48
to determine that all declared guarantees are met and that illegal or deleterious
contaminants or adulterants are not present, pursuant to Chapter 580, F.S.

Samples of commercial fertilizers are collected for analyses to assure that
purchasers are receiving specified plant nutrients pursuant to Chapter 576, F.S.

Samples of seed are collected for analyses to determine the viability and purity of
seed for planting purposes pursuant to Chapter 578, F.S.

Containers of feed, seed, fertilizer, and pesticides are weighed to assure that the
net contents meet the declared weights pursuant to Chapters 487, 576, 578 and
580, F.S.

The Field Section also provides inspection personnel for the following activities:
      a.     Pesticides are sampled to determine if active ingredients are present
as guaranteed. Labels are reviewed for proper directions for use.
      b.     Inspections of irrigation systems utilized to apply chemicals are
conducted to assure that anti-backflow devices are present, pursuant to Chapters
487 and 576, F.S.

Field inspection activities further ensure compliance with the Florida pesticide law
and associated rules through investigations associated with complaints and referrals
regarding pesticide exposure, environmental contamination, illegal
production/distribution, and other incidents. This involves conducting inspections of
pesticide manufacturers, distributors, dealers, and users and taking appropriate
actions if violations have occurred. Warning letters, fines, and license suspension,
probation or revocation, as well as informational letters and other measures, are
included in these functions. Through a cooperative agreement with the
Environmental Protection Agency (EPA), the Compliance Section also documents
violations of federal pesticide laws and rules. Case files which involve such
violations are submitted to the EPA for enforcement action.

               Bureau of Feed, Seed, and Fertilizer Laboratories

The Bureau of Feed, Seed, and Fertilizer Laboratories has 26 employees organized
into four sections. They are Administrative, Feed Laboratory, Seed Laboratory, and
Fertilizer Laboratory.

The Administrative Section is composed of a Bureau Chief, Staff Assistant, and
Environmental Administrator. This Section has the responsibility for preparing and
managing the Bureau budget, managing personnel, working with the Technical
Councils, and coordinating the sample flow with the Bureau of Compliance
Monitoring to ensure a smooth flow of samples through the laboratories.

The Feed Laboratory Section is responsible for the certification of private
laboratories that perform seed analyses under contract for feed producers under
the Florida Commercial Feed Law, Chapter 580, F.S., and Chapter 5E-3, Florida
Administrative Code (F.A.C.). Samples of commercial feed which are offered for


                                                                               Page 49
sale in Florida are analyzed to ensure the Florida consumer gets a product that
meets the label guarantees and the standards of the Commercial Feed Law.
Checked samples are also distributed by the Feed Laboratory Section to the
certified laboratories to verify the accuracy of reported results.

Within the Seed Laboratory Section, samples of agricultural, vegetable, flower,
and forest tree seed are analyzed for purity and germination in the Seed Laboratory
Section. Official samples are analyzed for compliance with the Florida Seed Law,
Chapter 578, F.S., and Chapter 5E-5, F.A.C. Commercial seed samples are tested,
on a fee basis, to determine seed quality or labeling information.

The purity test includes the determination of the percent pure seed, inert matter,
other crop seed, and weed seed and the number of noxious weed seed per pound.
Also included are the determination of variety by seed characteristics, fluorescence
tests, and varietal grow-out tests. The germination test is an actual growth test to
determine the percentage of seed capable of producing normal seedlings under
ordinarily favorable conditions. This is accomplished by planting seed on
germination media, growing seedlings in a controlled environment, and evaluating
the essential plant structures. The laboratory also conducts modified cold tests and
accelerated aging tests to determine seed vigor.

The Fertilizer Laboratory Section is responsible for the analytical and technical
phases of the enforcement of the Florida Fertilizer Law, Chapter 576, F.S., and
Chapter 5E-1, F.A.C. Official samples of commercial fertilizer and agricultural
liming materials, which are offered for sale in Florida, are analyzed to ensure that
Florida consumers get a product that meets the standards set by law. The
laboratory also participates in sampling and materials studies and assists fertilizer
manufacturing plants in identifying problems. This Section also coordinates the
handling and disposal of hazardous waste generated by the laboratories and is
responsible for coordinating safety and chemical hygiene training for the
laboratories.

                               Bureau of Pesticides

The Bureau of Pesticides registers all pesticides used in Florida and regulates the
use of those pesticides, except where exempted under Chapters 482 and 388, F.S.
The Bureau is charged with ensuring that pesticides will not cause unreasonable
adverse effects to human health or the environment. To accomplish this, the
Bureau is divided into three sections with the duties and responsibilities outlined in
the following paragraphs.

Every pesticide which is distributed, sold, or offered for sale within this State is
registered annually with the Department. The Registration Section processes
applications for pesticide registration in accordance with established state and
federal regulations and policies to ensure that such registered uses will not
adversely impact human health, animal health, or the environment. This process
includes requests for the registration of new active ingredients, experimental use
permits, special local needs, significant new uses, and emergency exemptions when


                                                                               Page 50
no current registration exists for certain crop/pest combinations. To accomplish this
mission, members of this Section consult with specialists within the Department
and other state agencies, commissions, boards, and councils. Further, the Section
is responsible for the security of all Confidential Business Information to support
these registrations. Finally, the Section is the central location for basic chemical
composition and all general subject matter related to particular pesticides.

The Scientific Evaluation Section is the technical support section for the Bureau
and is comprised of scientists with expertise in geology, soil science, hydrology,
toxicology, and computer modeling. It is responsible for the review of all technical
data submitted in support of pesticide registrations and experimental use permits
and provides technical advice to the Bureau of Compliance Monitoring when
needed. In addition, this Section manages pesticide programs related to the
protection of ground water, farm workers, and endangered species. This includes
monitoring programs, survey programs, data reviews, and preparation of technical
position papers to assist in formulating Department policy. Finally, this Section is
responsible for the management of the Bureau's Geographical Information System
development and application and for the development and maintenance of the
Bureau's Local Area Network.

The Pesticide Laboratory Section is responsible for providing the Bureaus within
the Division of Agricultural Environmental Services Bureau of Pesticides analytical
services in support of respective program functions. The laboratory is a 7800 sq.
ft. facility historically providing analytical expertise in the area of chemical pesticide
analyses for a wide scope of sample types. The Laboratory’s primary responsibility
involves the analysis of pesticide product formulation and pesticide tank mix
samples for label guarantee; the analysis of pesticide residues of various
environmental matrices, most notable in support of groundwater monitoring; and
FIFRA compliance/misuse investigations. The laboratory also provides analytical
services for other state and law enforcement agencies requesting pesticide analyses
on samples involving human health emergencies, environmental monitoring efforts,
criminal cases, and other types of emergency or crisis issues that arise regarding
pesticides. The laboratory is responsible for supporting Division-wide program
needs for the bureaus and other state agencies and is divided into four units;
Administrative Support, Quality Assurance, Analytical Operations, and Analytical
Support. Each unit is responsible for a specific area involving analytical activities
that support the analytical functions of the laboratory. Annually, the laboratory is
responsible for generating approximately 35,000 sample determinations per year.

The Surface Water Section collaborates with growers and their research
communities, other agencies, pesticides manufacturers, and other interests to
clearly define and manage water quality issues which arise in watersheds
dominated by agricultural land uses. The Section provides leadership in developing
coordinated water quality monitoring and improvement programs, determining
cause and effect relationships, distributing analytical results and interpretations,
and providing technical expertise in demonstrating effectiveness of science-based
best management practices (BMP). The Section focuses on methods to prevent
adverse concentrations of pesticides in surface water and works closely with


                                                                                  Page 51
nutrient management specialists to ensure that pesticide and nutrient management
solutions are compatible and effective. Section staff are involved with securing and
managing grants to assist the agricultural and research communities with water
quality monitoring; developing and implementing improved management
strategies; and developing and implementing effective and timely outreach
programs to assist growers with implementation.

The Section responds to reports of incidents in which agrichemicals are suspected
of harming wildlife and provides technical assistance to other agencies as well as
entities within the Department. Members of the section represent the Department
on interagency task forces to review and recommend strategies to improve and
protect water quality, protect endangered wildlife, and assess contaminated sites.
Activities involve performing technical reviews, evaluating environmental impacts of
pesticide registration actions and/or changes in agricultural practices or both,
recommending policy development, and participating in citizen action committee
meetings.

The Section provides technical assistance to the Scientific Evaluation Section in
reviewing new and existing pesticide registrations in which surface water quality is
a key issue. The Section also assists in the development of methods to evaluate
the potential for pesticide exposure in surface water.

The Section is authorized to develop a QA/QC program for the Bureau of Pesticides
and Division of Agricultural Environmental Services that is consistent with the
policies and regulations of the United States Environmental Protection Agency
(EPA), the Florida Department of Environmental Protection (DEP), and the
Department. These QA/QC procedures assure data quality and permit entry of the
Department’s environmental data into a common data bank of governmental
entities.




                                                                              Page 52
                    Bureau of Entomology and Pest Control

The Bureau of Entomology and Pest Control has the primary responsibility of
protecting Florida citizens and visitors from pestiferous and disease carrying
insects, unsafe pest control practices, and unscrupulous pest control operators.

The Administrative Section, located in Tallahassee, provides overall guidance and
direction for the various Sections of the Bureau located in Alachua, Boynton Beach,
Clearwater, Cottondale, Fort Myers, Orlando, Panama City, Port Everglades, and
Vero Beach.

The Mosquito Control Section administers the mosquito control program in
accordance with Chapter 388, F.S. It provides technical assistance to
approximately 250 mosquito control programs throughout the State, including 53
operations organized under the State's matching funds program. This includes the
administration of grant funds to the participating counties and mosquito control
districts and management of state funded mosquito control research contracts. The
Section provides training and certification services in public health pest control to
all programs. The Section investigates all complaints of pesticide misuse by
mosquito control programs and conducts routine reviews to ensure compliance with
state and federal laws.

The Operational Support Section is located in Panama City and consists of three
employees, and a D-3 aircraft. The program is responsible for the control of dog
flies in the panhandle area from Apalachicola to Pensacola and contracts with
mosquito control programs for aerial control of mosquitoes. The aircraft is also
used for emergency purposes. Technical assistance is provided for organized
mosquito control programs.

The Pest Control Section regulates and licenses the pest control industry which
consists of approximately 3,700 companies, 5,600 certified operators, 28,000 I.D.
cardholders, and 300 special identification cardholders. The main components of
the Pest Control Section are document issuance, enforcement, training, and
certification.

The entomologist inspectors conduct inspections of licensed pest control business
locations and investigate consumer complaints filed against pest control companies.

Qualified businesses desiring to engage in pest control must be licensed, and a
license is required for each business location. Proof of insurance coverage for
bodily injury and property damage is required. Pest control supervisory level
employees and pest control operators must be certified before engaging in pest
control activities. Pest Control employees other than pest control operators are
required to have identification cards. Special identification cards are required for
specific pest control treatments, such as fumigation.




                                                                               Page 53
                           Division of Dairy Industry

The Division of Dairy Industry is authorized by section 570.40, F.S. The Division is
responsible for the regulation of the entire dairy industry as provided in the Florida
Milk and Milk Products Law, Chapter 502, F.S., and the Florida Frozen Desserts
Law, Chapter 503, F.S. Section 570.42, F.S., provides for a Dairy Industry
Technical Council and outlines its powers and duties.

The Division's regulatory activities are audited and checked by the U. S. Public
Health Service, Food and Drug Administration as part of the Interstate Milk
Shippers’ Program, to ensure that the quality of Florida milk and milk products sold
in interstate commerce meets the specifications of the U.S. Public Health Services
Grade A Pasteurized Milk Ordinance.

The Division of Dairy Industry is comprised of the Office of the Director and two
operating Bureaus which function together to ensure that only high quality milk,
milk products, ice cream, and frozen desserts are sold to all consumers.

In the Administration Section, the Office of the Director furnishes administrative
direction and support for the Bureau of Dairy Inspection and the Bureau of Dairy
Laboratories. This includes coordination of the budgeting process, the payment of
bills, and the financial analysis and control needed to operate within established
guidelines. Programs that affect the total Division, such as personnel
administration, affirmative action, data processing, safety, and training are also
supervised from this office. Under the direction of the Office of the Director, the
Division of Dairy Industry conducts the Interstate Milk Shippers’ Program.

Currently, the Director of this Division also holds the Department duty of
overseeing the Department’s Safety and Loss Control Program.

                           Bureau of Dairy Inspection

The Bureau of Dairy Inspection enforces Florida's Milk and Milk Products Law, the
Frozen Desserts Law, and rules and regulations covering both categories. The
Bureau's responsibilities begin with milk production on the dairy farm and end at
the retail store.

The Bureau makes sanitary inspections of all dairy farms, milk and milk products
processing plants, and frozen dessert plants to see that each is operated in a
sanitary manner and in compliance with public health regulations. Milk transfer
stations, receiving stations, tank truck washing facilities, and container/closure
manufacturers are also inspected. This Bureau issues permits to applicants and
reviews and approves new construction, new equipment installation, and any
renovation to existing facilities.




                                                                               Page 54
                    Bureau of Dairy Compliance Monitoring

The Bureau of Dairy Laboratories performs regulatory analyses on all milk, milk
products, and frozen dessert samples submitted by the Bureau of Dairy Inspection.
Samples collected by the Division of Food Safety, as well as special samples
submitted by consumers, county health departments, and others, are also tested.
This Bureau conducts the Milk Fat Testers Program as provided in Chapter 502,
F.S.; the industry Interstate Milk Shippers Laboratory Evaluation Program; and the
statewide Shelf Life Sample Analysis Program. The Bureau has laboratories in
Tallahassee and Winter Haven.

                            Division of Food Safety

The Division of Food Safety is comprised of three bureaus, the Bureau of Food and
Meat Inspection, the Bureau of Food Laboratories, and the Bureau of Chemical
Residue Laboratories. It also includes an Administrative Support Section, a Food
Safety Compliance Section, and a Methods Development/Data Evaluation Section.
The Division monitors food from farm gate through processing and distribution to
the retail point of purchase. Food produced in Florida as well as that grown or
manufactured elsewhere and imported into the State for sale is subject to the same
inspection and analytical testing to assure adherence to the standards of
wholesomeness, safety, freedom from contamination, and proper representation in
labeling.

The Division is responsible for the protection of the consumer through inspection of
food establishments, inspection of food and meat products, and performance of
specialized laboratory analyses on a variety of food products sold or produced in the
State. The laboratories conduct an array of chemical, microbiological and molecular
biology tests, and monitor fresh product for possible chemical residues to protect
Florida’s consumers. The Division is charged with administration and enforcement
of the food establishment inspection requirements and the poultry and egg laws,
and also provides support in the enforcement of other food safety laws. In addition
to regulatory surveillance and enforcement, the Division investigates consumer
complaints related to food. The Division has the responsibility for carrying out its
duties or support functions as directed by the following Florida Statutes: Chapters
500, 501, 502, 503, 531, 583, 586, and 601.

The Administrative Support Section provides executive direction and strategic
planning for the overall operation of the Division and administrative support
services for personnel, purchasing, budget management and strategic planning for
all Bureaus and units of the division.

The Methods Development / Data Evaluation Section coordinates with
programs and laboratories within the Division to ensure that information technology
applications are available and effective as tools to handle the diverse activities
related to Food Safety. This Section also administers the Division's electronic
inspection and reporting system, which links inspection, analytical and
administrative actions; plans and implements information management activities,


                                                                             Page 55
and assists in developing divisional quality assurance and information resource
plans.

The Food Safety Compliance Section is responsible for coordinating regulatory
actions taken against those food establishments or manufacturers found to be in
violation, ensuring that the regulated entity is brought into full compliance with all
food safety laws and rules administered by the Division of Food Safety, and
ensuring that due process requirements are strictly adhered to by division
personnel.

                       Bureau of Food and Meat Inspection

This Bureau administers and directs food inspection and related regulatory actions
associated with food safety and sanitation, consumer protection, and certain food
grading programs for the Department.

The Food Grades and Standards Section has the responsibility for a wide variety
of food safety and consumer protection programs. Foremost among these is an
inspection and testing program for food processing plants, food storage and
distribution points, and all stores and other locations in Florida where food is sold to
the public. Such facilities must first demonstrate compliance with sanitation
requirements before a food establishment permit is issued, and they are then
inspected on a regular basis to ensure continuing compliance with sanitation
standards during all phases of food handling and storage. A number of other
consumer protection issues are also a part of each inspection. Packaged foods are
test-weighed to verify net contents labeling, ground beef is tested for fat content
and extenders, labels are reviewed to preclude misrepresentation to the public, and
eggs and other food products are inspected to ensure the accuracy of grade and
quality labels. Inspectors also check price scanners in supermarkets to ensure that
posted and advertised prices match prices charged to the public.

Implementing a food manager certification program is another function of this
Section. A certified food manager is a person responsible for all aspects of the food
establishment operation at a food establishment regulated by the Department.
Food establishments permitted under Chapter 500, F.S., must have one or more
certified food managers. Food establishments with four or more employees present
on the same shift must have a food manager present. Food establishments with
fewer than four employees must also have a designated food manager, but that
person is not required to be on the premises at all times.

This Section also monitors the processing and labeling of bottled water sold in
Florida and the purity of drinking water sold through water vending machines.
Contracts with the Food and Drug Administration (FDA) for specific food store
sanitation inspections and the USDA for inspecting and grading poultry, eggs, and
egg products further involve this Section in consumer protection programs.

The Training and Standardization Section provides the food inspection field
staff with the tools needed to provide food establishments with accurate and


                                                                                Page 56
consistent inspections. The duties of the training staff include various tasks such as
field and classroom training, testing, evaluating program effectiveness, developing
training procedures and guidelines, and assisting the industry to understand food
safety regulations. This Section is also responsible for evaluating Certified Food
Manager Certification programs and maintaining records for all training and testing
requirements.

The Hazard Analysis Critical Control Point (HACCP) Team is group is
responsible for reviewing, monitoring, and regulating HACCP programs mandated
by state and federal regulations and/or voluntarily implemented by the food
industry, including seafood processing establishments. This group develops training
programs for various sectors of the food industry and conducts training programs
for division and industry personnel. This group also reviews and develops model
HACCP plans and coordinates with industry, other agencies, and educational
institutions to effectively utilize training and information resources.

                          Bureau of Food Laboratories

The Bureau of Food Laboratories is broadly charged under Section 500.02, F.S.,
with protecting the public’s health from injury by product use or misrepresentation,
as well as protecting consumers from fraudulent food claims. Laboratory personnel
analyze an average of 10,000 samples collected by inspectors throughout the State
each year to address the food safety and labeling issues in the marketplace. These
include pathogenic bacteria, protozoan parasites, toxins, allergens, chemical
contamination, nutritional claims, dietary supplements, food additives, and
fraudulent formulations.

The Bureau of Food Laboratories, located in Tallahassee, uses microbiological,
chemical, immunological, molecular and physical methods to analyze food
processed or sold in Florida to assure a safe and wholesome food supply.
Laboratory work includes verification of the absence of adulterants, determination
of conformance with standards of safety and quality, and assurance of accurate
representation in labeling and nutrition claims. Emphasis is given to food safety
concerns such as microbiological contamination, unapproved food components,
filth, chemical and heavy metal contaminants, new foods and food packaging
technology, nutrition and other label claims, natural toxicants, and other
health/safety issues. Samples are collected primarily by Division inspectors from
processing and retail establishments throughout the State.

The Bureau of Food Laboratories also conducts analyses for the U.S. Food and Drug
Administration, as well as for the USDA/Microbiological Data Program (MDP) which
is funded by USDA and designed to collect and analyze fruit and vegetable samples
for human pathogen microbiological contamination. The data is accumulated and
available to the USDA and other interested agencies. Through cooperation with
other state’s agriculture departments and other Federal agencies, MDP manages
the collection, analysis, data entry, and reporting of food-borne pathogens on
selected agricultural commodities. The Bureau also provides analytical services to
other laboratories within the Department, as well as other agencies within the State


                                                                              Page 57
of Florida. In addition, the Microbiology Section is certified as a Shellfish Growing
Waters Testing Laboratory.

The Bureau of Chemical Residue Laboratories actively works to ensure the
consumers of Florida have the safest possible food supply. The program is broadly
charged under Section 500.02, F.S., with protecting the public health from injury by
product use or from injury resulting from misrepresentation. Laboratory personnel
analyze more than 2,000 samples collected by sampling specialists throughout the
State each year to address issues of chemical contamination and pesticide misuse.

The Chemical Residue Bureau includes a main laboratory in Tallahassee. In
addition, six sampling specialists are strategically stationed in the State to provide
samples from farms and produce distribution centers. This bureau is responsible
for the analysis of chemical residues in or on human food, as well as the regulatory
enforcement of federal pesticide residue tolerances and guidelines adopted by the
State for food products. Emphasis is given to raw agricultural produce with the
highest potential for residue accumulation.

The Chemical Residue Bureau also participates in a federally-funded program
designed to develop statistically-based pesticide residue data at the consumer
consumption level. This program enables federal agencies to more accurately
assess risk through more complex pesticide residue exposure data. This program is
funded by the USDA, but the data is used by the U. S. Environmental Protection
Agency (EPA) to conduct dietary exposure studies.




                                                                               Page 58
                             Deputy Commissioner

The Deputy Commissioner is responsible for overseeing the operation of the
Division of Forestry, the Division of Standards, and the Division of Animal Industry.
The Deputy ensures compliance with policies and procedures and statutory
requirements. The Deputy works with the Commissioner and Chief of Staff in
setting policy for these three divisions and ensures that such policy is properly
administered.

The Deputy Commissioner is responsible for assisting the divisions under his control
in developing major reports that are required by law. The Deputy Commissioner
represents the Commissioner before legislative bodies (both state and federal) by
testifying about matters affecting the Department.

The Deputy Commissioner represents the Department at conferences, conventions,
and meetings concerning departmental regulatory matters within and outside
Florida.

                              Division of Forestry

The Florida Board of Forestry, the predecessor of the Division of Forestry, was
created by the Florida Legislature in 1927. In 1969, as a part of reorganization of
the Department of Agriculture and Consumer Services, the programs and activities
of the Board were brought into the Department as the Division of Forestry. The
major responsibilities of the Division are protecting and developing Florida's forests
through protection, proper management, and public education. There are four
Bureaus in the Division: Bureau of Field Operations, Bureau of Forest Management,
Bureau of Forest Protection; and Bureau of Forest Resources Planning and Support
Services.

Since the early 1970's, the Division of Forestry has been responsible for
implementation of the Silviculture Element of the State Water Quality Plan. That
responsibility primarily involves the development, implementation, and monitoring
of Best Management Practices (BMPs) for forestry. The Division has been involved
in several "special studies" using the BMP compliance Survey in conjunction with
quantitative data collection and analysis by other agencies. In addition, the
Division of Forestry is involved in a number of other water-related activities aimed
at protecting forest water resources which include the Coastal Zone Management
Act, Federal Clean Water Act, NASF Soil and Water Initiative, Gulf of Mexico
Program, and the Water Management Districts Rule 40A-44, F.A.C.
Statutory Requirements: Chapters 589, 590, 591, Florida Statutes.

                         Bureau of Forest Management

The Forest Management Bureau is responsible for coordinating and/or administering
a number of programs that provide technical advice and assistance to private, non-
industrial landowners (there are an estimated 260,000 in Florida) in the
management of their lands. The Bureau also provides technical direction for the


                                                                              Page 59
Division of Forestry field units carrying out the land management responsibilities on
over 1 million acres of public lands in the state.

The Division oversees the operation of 30 state forests, which encompass over
914,000 acres, located throughout Florida through its State Lands Section. Since
1990, the Division’s state forest acreage has more than doubled. In addition, the
Division assists other agencies in the management of thousands of acres of state
land and manages approximately 600,000 acres under special agreement. These
acres for which the Division has management responsibility are being protected so
that an important part of Florida’s environmental heritage will exist for now and in
the future.

All of these lands are managed for multiple-uses, with recreational opportunities to
the public being one of the foremost. There are many developed facilities on these
lands providing areas for such activities as camping and picnicking. Recreation in
the natural forest environment is promoted. Resource-based outdoor recreation
activities are emphasized which can be conducted while concurrently conserving
land, water, and other environmental resources. Each year nearly a million people
visit the state forests seeking solitude and outdoor recreational opportunities.

Other activities on Division managed lands include wildlife management, timber
harvesting, and environmental education and protection. Virtually all of the state
lands managed by the Division are in Florida’s Wildlife Management Area system,
which allows the public to hunt on these lands. Special steps are also taken to
protect animals and plants that are considered endangered, threatened, of special
concern, or commercially exploited.

Florida’s state forests historically have had active timber sale programs producing
income that is used to help fund the Division’s operational budget.

Emphasis is also being placed on the reestablishment of native forests on all lands
managed by the Division. Of particular interest is the longleaf pine forest.
Originally covering some 60 million acres, the longleaf pine forest of the
Southeastern United States has been depleted to about 5% of its original acreage.
It has, in essence, become an endangered ecosystem, and it appears that its sole
chance of continuing to exist is through its perpetuation on public lands. The
Division is committed to protecting and expanding the range of the longleaf pine to
areas where it previously existed. Plans have been made to reestablish this species
on over 7,000 acres of land, including 4,000 acres of Blackwater River State Forest,
which contains one of the largest native longleaf pine forests in the country.
Approximately 6,000 acres of state forestlands are reforested each year.

This unit provides technical support to field and state office staff who manage the
state forests and stewardship and other cooperative programs which assist small,
non-industrial private landowners in the areas of endangered plant and animal legal
responsibilities and management. This involves aid in developing management
guidelines for endangered and threatened plants.




                                                                              Page 60
The Division of Forestry’s Florida Plant Conservation Program supports conservation
of Florida’s federally listed plants through the development and funding of projects
whose aim is recovery of down listing. The Department of Agriculture and
Consumer Services has statutory authority for endangered and threatened plants in
Florida. The program funds projects that focus on monitoring public and private
lands and developing technical materials such as an identification guide that allows
landowners and other professionals to identify these species. The program is non-
regulatory and voluntary. Projects have been jointly funded with private
individuals, private conservation and resource organizations, universities, and
public agencies.

Within the Forest Health Section, the Division of Forestry’s Forest Health Program
operates under the combined authorities of the Cooperative Forest Assistance Act of
1978 and Florida Statutes. The objective of this program is to minimize the
damages and/or losses sustained by Florida’s valuable and diverse forest and shade
tree resources as a result of the activities of harmful insects (e.g., Southern Pine
Beetle), disease (e.g., Pitch Canker and fusiform rust), and other pests (current
loss exceeds $10 million annually). To accomplish this objective, the Division
maintains a Forest Health Section which is staffed with highly trained pest
management specialists, including a pathologist and entomologist and a biologist.

The Cooperative Forest Assistance Section (CFA) Section of the Forest
Management Bureau administers over $1 million in funding for federal landowner
assistance programs each year. The Cooperative Forestry Programs coordinate
efforts of the service foresters located throughout the state under the Field
Operations Bureau in providing technical assistance for landowners in the
management of their forestlands. This program administers guidelines and funding
for federal cost-shares such as the Forest Stewardship, Conservation Reserve, and
Forestry Land Enhancement Programs.

The Forest Stewardship Program is a nationwide program sponsored by the U.S.
Forest Service and modeled after Alabama’s “Treasure Forest” program. Field
personnel from the Division of Forestry, Florida Fish and Wildlife Conservation
Commission, USDA Natural Resources Conservation Service, and various private
natural resource consultants work as a team to encourage landowners to practice
multiple-use management. This team of professionals develops a resource
management plan, with recommendations, based on the landowners’ goals and
objectives. As the landowners begin implementing their plan’s recommendations,
they become eligible to be certified “Forest Stewards”. Presently, there are over
1,700 landowners in Florida with over 514,000 acres of land who are participating
in the Forest Stewardship Program.

The Forest Utilization Program provides technical and quality control assistance
to small forest industries and promotes the development of new forest-related
businesses and/or markets.

The Urban and Community Forest Grant Program in the Division of Forestry is
the agency responsible for implementation of the Urban and Community Forestry


                                                                             Page 61
Matching Grant Program. This program provides federal matching funds on a 50/50
basis to eligible cities, counties, non-profit organizations, and educational
institutions to enhance urban and community forestry. Project categories for
funding include local government programs, development of site-specific tree
planting projects, non-profit administration, information, and education. Almost a
million dollars in grants is distributed annually to counties, cities, towns, and non-
profit organizations.

The Land Acquisition Section of the Forest Management Bureau is responsible for
the acquisition of in-holdings within, and parcels adjacent to, existing state forests
to facilitate the efficient and effective management and specific ecological needs of
the state forests. It is further charged with the acquisition and disposition of
forestry sites (tower sites, work centers, etc.) in an effort to relocate urbanized
forestry facilities to rural locations to improve the functional efficiency of the units.

The Section is responsible for the initiation and successful completion of all land
transactions for the Department. The Section acts on behalf of the Board of
Trustees and the Commissioner of Agriculture through its timely acquisition, review,
and approval of environmental site assessments for all Department acquisitions and
Conservation and Recreation Lands (C.A.R.L.) acquisitions in which the Department
will be the “lead manager”. All timber cruise and timber appraisals used in the
evaluation of parcels to be acquired are reviewed and approved by the Section’s
staff.

                            Bureau of Field Operations

This Bureau is the delivery mechanism for the various programs and activities of
the Division. As such, it is responsible for the operational activities, incidental to
the protection, development, and management of Florida's forest resources. Listed
below are fifteen forestry centers and districts that consist of employees who are
assigned specific activities, as well as the employees headquartered in the Bureau's
Tallahassee Office. Each center and district has its own unique features, as well as
features common to all units.

      Blackwater Forestry Center                Withlacoochee Forestry Center
      Chipola River District                    Orlando District
      Tallahassee District                      Lakeland District
      Perry District                            Myakka River District
      Suwannee District                         Okeechobee District
      Jacksonville District                     Caloosahatchee District
      Waccasassa Forestry Center                Everglades District
      Bunnell District

This Bureau is responsible for providing wildland fire prevention, detection, and
suppression on forest acreage, continuous cooperation with local fire departments
in acquisition of federal excess property, and fire control training.




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In addition, this Bureau provides cooperative land management assistance to
landowners that include reforestation, conservation, recreation and timber
management and urban forestry assistance to homeowners, cities, and counties
that include conservation, insect, and disease control.

The Bureau’s personnel provide management of 30 state forests with a total of
914,000 acres to produce as many uses and benefits as possible to the public while
providing protection for threatened or endangered species of plants and animals.

Each center and district is also responsible for implementing forest education and
informational programs for the public on various levels of local organizations to
reach immediate needs of all of the communities.

                           Bureau of Forest Protection

This Bureau is responsible for programs relating to the protection of 25 million
acres of wildlands from fire, pursuant to Chapter 590, F.S., which include the
following.

The Wildfire Prevention Program reduces the number of people-caused wildfires
through public education. The program is characterized by publication of
educational materials, development of TV Public Service Announcements, the
Smokey Bear Program, and the Florida Forest Arson Alert Program. Coordination of
inter-agency fire prevention teams at the Forestry Center and District level is
integral to the program.

The Bureau supports the Division’s overall wildfire hazard mitigation effort by
providing technical supervision to Wildfire Mitigation Specialists stationed in the
field units. The Mitigation Specialists use the electronic and print media to help
community leaders and individual homeowners understand the wildfire risk in
wildland/urban interface areas and also help these same individuals identify ways to
make their homes and communities safer from wildfire. To compliment this effort,
the Forest Protection Bureau coordinates the Florida FIREWISE Communities
Program. An integral part of the FIREWISE Communities Program is workshops for
local elected officials, community leaders, and business leaders where participants
can learn what they can do to share responsibility for wildfire protection.

The Division of Forestry regulates outdoor burning in the state through a Burn
Authorization Program. This applies to all silvicultural, agricultural, and land
clearing burning. Nearly 130,000 burn authorizations are issued under F.A.C. Rules
62-256 and 5I-2 which fall into this Bureau's responsibility.

The Rural Community Fire Protection Program assists small communities with
equipment and funding. The Forest Protection Bureau administers a federal 50-50
cost-share program for the fire departments of communities of fewer than ten
thousand people. The Bureau also administers the leasing of state-owned fire
suppression equipment to rural fire departments. The Federal Personal Property
Program is administered by the Forest Protection Bureau. This program enables


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the Division of Forestry to obtain federal surplus equipment for the use in fire
protection statewide.

Another Bureau responsibility is the training program that includes development,
planning, and coordination of Forest Protection basic and in-service training. It also
maintains liaison with the Division of State Fire Marshal and the Bureau of Fire
Standards and Training to ensure statutory compliance for forestry firefighters.
Training for other agencies and private landowners is characterized by such
programs as Wildland Firefighting Techniques for rural fire departments and
Certified Burner and Basic Prescribed Fire training for landowners and other
government agencies. Biennially, the Bureau hosts a Wildland Fire Training
Conference in Ocala for firefighters from structural and volunteer fire departments
throughout Florida. This four-day conference provides wildland fire training for
the Division’s fire suppression partners and improves the coordination and
effectiveness of the overall wildfire suppression program.

The Forest Protection Bureau is the leader statewide in providing the training and
expertise for the Incident Command System. This incident management system is
used by the Division to coordinate wildland fire and emergency response activities.
The state of Florida has adopted the Incident Command System for emergency
response and is using the Division of Forestry as the lead agency to manage
emergency response field operations.

This Bureau is responsible for maintaining an effective fire management program
that encompasses a broad-based operational aspect of the fire protection effort. It
includes fire weather forecasting, fire danger rating, presuppression plowing,
prescribed burning, fire reporting systems, detection systems, the National
Interagency Incident Management System (NIIMS), cooperative fire agreements,
management of large fires, evaluation and placement of fire resources, and
operational management of aerial suppression activities. In addition, this Bureau is
responsible for the coordination and supervision of the Aircraft Operations Section
of the Division of Forestry. This includes responsibility for pilot proficiency and
qualification, maintenance of 19 fixed-wing aircraft and nine helicopters, training,
and aircraft acquisition and disposal.




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           Bureau of Forest Resource Planning & Support Services

The Bureau of Forest Resource Planning & Support Services (FRPSS) supports the
remainder of the Division by providing administration, coordination, and
implementation of statewide programs in the areas of planning, construction,
information technology, telecommunications, and equipment.

The FRPSS Planning Section takes the lead in coordinating with other Bureaus in
the preparation of the Division’s input to the Department’s Long Range Program
Plan (LRPP). The section handles the coordination of the planning and performance
assessment portion of the LRPP, while the budgetary portion is coordinated by the
Administrative Section of the Director’s Office. The FRPSS Planning Section is also
designated by the Department as the review authority for the Florida Department of
Community Affairs’ Comprehensive Plans and Clearinghouse documents.
Additionally, this section coordinates operational planning within the Division.

The Construction Section performs the vital function of construction management
for fixed capital outlay projects of the Division. This function includes facility
design, specification development, project management, and coordination of
maintenance and repair of physical facilities. This section also prepares and
approves architectural and engineering designs for structures and roads and
conducts in-progress inspections to ensure conformity and compliance with code
standards and Department of Management Services’ specifications. The Fixed
Capital Outlay Program includes responsibility for over 880 major structures
statewide, involving every county in the state. This section also has the
responsibility for developing the fixed capital portion of the Division’s annual
Legislative Budget Request.

The Information Technology Section coordinates the statewide acquisition,
installation, testing, and operation of all computer and telecommunication systems
in the Division. This includes additional important functions such as Geographic
Information Systems (GIS), Global Positioning Systems (GPS), web site
coordination, and the acquisition, development, and maintenance of computer
software and mainframe computer applications. This section coordinates all radio
and telephone communication needs Division-wide, including radio licensing and
upgrades, tower and antenna sites functions, and base station and mobile
operations.

Having equipment in service, which meets specific needs and is dependable and
well maintained, is a crucial function of FRPSS where wildfire suppression and
emergency situations occur on a daily basis. This responsibility spans all phases of
equipment and vehicle operations, including research and specification
development, purchase, custom design and fabrication of fire fighting equipment,
staff supervision of 15 maintenance repair shops, and final disposal of
unserviceable equipment. This section also coordinates the development of the
annual equipment replacement budget.




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The Forestry Youth Academy is designed as a residential independent living
commitment program. Candidates for the program are approximately 16 years of
age upon entering the program. The program is intended to give youthful offenders
the opportunity to gain educational, vocational, and life skills to prepare them for
their lives.

Located in the Goethe State Forest, this program teaches wildland fire fighting,
agri-science, culinary arts, carpentry, heavy equipment operation, drivers’ training,
and small engine repair. In addition, the youth work towards a high school diploma
or GED and a certification in a minimum of two (2) vocational areas offered. The
youth also participate in life/social skills. They will be given the opportunity to
attend a variety of off-campus outings and social functions, as well as on-campus
training.

                              Division of Standards

The Division of Standards plays a major role in protecting Florida consumers by
confirming the accuracy of measuring devices used in commerce, regulating the
quality of petroleum products, assuring the safe distribution of liquefied petroleum
gas products, and inspecting amusement rides and parks. The Division Director's
Office is responsible for establishing policy, directing, planning and budgeting, and
coordinating the activities of each of its four Bureaus. The Division is responsible
for enforcing Chapters 501, 525, 526, 527, 531 and Section 570.46, Florida
Statutes, and Chapters 4B-1, 5F-1 through 5F-10, F.A.C.

                         Bureau of Petroleum Inspection

The Bureau of Petroleum Inspection regulates the quality and measurement of
petroleum products sold in Florida. Specific activities include field sampling and
laboratory testing of gasoline, gasohol, diesel fuel, burner oil, motor oil, antifreeze,
and brake fluid; routine inspections of retail service station pumps and other
commercial petroleum measures for accuracy and correctness; and the
investigation of citizen complaints on matters within the Bureau's regulatory
authority.

                         Bureau of Weights and Measures

The Bureau of Weights and Measures regulates the accuracy, condition, and use of
all weighing and measuring devices used in commerce. It also inspects non-food
packages sold in retail establishments, ensuring that labels contain accurate and
meaningful quantity statements. The Bureau laboratory houses the State's primary
measurement standards of mass, length, and volume, directly traceable to National
Bureau of Standards in Washington, D. C. Specific activities include routine
inspection of all retail and industrial scales, taximeters, and rental car odometers;
the laboratory calibration and certification of commercial measures; and the
investigation of consumer complaints on matters within the Bureau's regulatory
authority.



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                 Bureau of Liquefied Petroleum Gas Inspection

The Bureau of Liquefied Petroleum Gas Inspection is charged with the safety
regulation of liquefied petroleum gas in Florida wherever this product is stored,
distributed, transported, and utilized. The Bureau’s public responsibility for LP Gas
safety begins when the product enters the State boarders and continues until the
product is safely consumed by the public. The Bureau is charged with licensing,
inspection, enforcement, accident investigation, and training in carrying out the
statutory mandates of Chapter 527, Florida Statutes.


                         Bureau of Fair Rides Inspection

The Bureau of Fair Rides Inspection inspects and permits all amusement rides in the
State of Florida, except those at certain exempt facilities. The Bureau also
investigates accidents and incidents involving amusement rides. Inspection
Specialists inspect mechanical, structural, electrical, and operational characteristics
of each amusement ride and determine whether the ride meets the requirements of
Florida law before it is allowed to operate in Florida.

                          Division of Animal Industry

The Division of Animal Industry serves as the guardian of the health of Florida's
livestock and poultry industries and other animal populations. The Division's
activities are as specified in Parts I and II of Chapter 585, Florida Statutes (F.S.),
and in Chapters/Sections 534, 535.11 -.14, 570.36-.38, 583.181, 823.06, and
828.29, F.S. The high mobility of people and animals and the State's location as an
international travel center require constant surveillance of the ever-increasing
threat from introduction of invasive pests and destructive diseases from other
states or foreign countries. In addition, the Division enhances the marketability of
the State's livestock through programs to control and eradicate diseases. Several
diseases are contagious from animals to humans, and the Division coordinates with
public health officials on these including bovine tuberculosis, bovine and swine
brucellosis, equine encephalitis, West Nile Virus, and BSE (Mad Cow Disease).

The Division coordinates with the USDA, other states animal health regulatory
officials, other Florida regulatory agencies, animal organizations, livestock auction
markets, and public health agencies. Division personnel also respond to many
questions and requests for assistance. Questions may vary from what are the
requirements for moving animals, to what permits are needed to raise ostriches, to
when should I start heartworm prevention on my dog coming from California, to
how do you tell a male hamster from a female hamster? Directly or indirectly, the
Division of Animal Industry touches the lives of almost everyone living in Florida
and carries out a vital role in national and international animal disease control
programs, as well as assuring a healthy food animal supply to the consuming
public.




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The Division administrative staff initiates new rules and updates existing rules
related to animal health and coordinates Department goals with the daily activities
of the two Bureaus: Animal Disease Control and Diagnostic Laboratories. The
Division administrative staff also provides support to the Division by handling
personnel actions and records, preparing the Division’s Budget Request, developing
the Long Range Program Plan, maintaining Division equipment and buildings, and
developing special projects. The Division is also Florida’s lead agency for animal
care during disasters.

                       Bureau of Animal Disease Control

The Bureau of Animal Disease Control contributes to the goals of the Division with
responsibilities in specific, statewide, day-to-day program management.
Agricultural inspectors, supervisors, and veterinary medical officers inspect animals
at cattle ranches, horse farms and sales, livestock auction markets, exhibitions and
shows, trail rides, poultry farms, swine production farms, and quarantine facilities.
Specific disease control and eradication programs currently include tuberculosis in
cattle; brucellosis in cattle and swine; pseudorabies in swine; equine infectious
anemia and equine encephalitis in horses; and avian influenza in poultry. It also
participates in the National Poultry Improvement Plan and National Turkey
Improvement Plan.

The Bureau also administers the programs which ensure that all livestock entering
the State meet specific health requirements as provided in the rules. This includes
reviewing health documents, issuing import permits, ordering necessary quarantine
measures on livestock movement violations, coordinating with other state
regulatory and USDA officials, recording livestock marks and brands, issuing
livestock hauler permits, providing the necessary permit forms to accredited
veterinarians, and notification of violations.

                       Bureau of Diagnostic Laboratories

The Bureau of Diagnostic Laboratories provides rapid and accurate diagnostic
services to evaluate the health status of livestock and animal populations. A
professional staff of veterinarians and other scientists, with specialty training in
toxicology, pathology, bacteriology, virology, and other areas, work in the main
laboratory located in Kissimmee (Osceola County) and with a satellite laboratory
located in Live Oak (Suwannee County). In addition, the laboratories provide
diagnostic services to such evolving areas as aquaculture, exotic birds, exhibition
animals such as marine mammals, and some wildlife rehabilitation programs. The
laboratory maintains open communication with other laboratories to exchange
information and to learn of disease problems in other states which could affect
Florida's livestock population. Through the examination of routine samples, the
laboratory provides a surveillance system to monitor for the possible occurrence of
foreign or exotic animal diseases.




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                       Assistant Deputy Commissioner

The Assistant Deputy Commissioner is responsible for overseeing the operation of
the Division of Consumer Services and the Division of Aquaculture. The Assistant
Deputy ensures compliance with policies and procedures and statutory
requirements.

The Assistant Deputy Commissioner works with the Commissioner and Chief of Staff
in setting policy for the division and office under that office’s control and making
sure that policy is properly administered.

The Assistant Deputy Commissioner is responsible for keeping the Commissioner
and the Chief of Staff apprised of matters concerning their operations.

Supervising the preparation of the Aquaculture Division’s annual budget requests
and monitoring adherence to the budget is an important function of the Assistant
Deputy Commissioner.

The Assistant Deputy Commissioner represents the Department at conferences,
conventions, and meetings concerning departmental regulatory matters within and
outside Florida.

                        Division of Consumer Services

The Division of Consumer Services is the State’s clearinghouse for consumer
complaints, protection, and information. The Division has responsibility for
regulating various business industries operating in Florida and conducts
investigations of unfair and deceptive trade practices. In addition, the Division
functions as the United States Consumer Product Safety Commission’s liaison in
Florida regarding product recalls, inspections, and investigations.

The Division was reorganized in the summer of 2002 into three bureaus: Bureau of
Compliance, Bureau of Mediation & Enforcement, and Bureau of Consumer
Assistance. The Bureau of Compliance is responsible for registering businesses that
are regulated by the Division. The Bureau of Mediation & Enforcement is
responsible for mediating complaints filed by consumers regarding goods and
services provided by businesses, as well as initiating enforcement actions for
violations of the regulatory laws. The Bureau of Consumer Assistance oversees the
operation of the Consumer Assistance Call Center which maintains Florida’s
toll-free consumer hotline and the Lemon Law Section.

Consumer Education is the main focus of the Division. Along with the information
provided through the Call Center, which can be reached at 1-800-HELP-FLA,
thousands of educational brochures are distributed each year to individuals, civic
groups, community organizations, and schools. The Division offers speakers, at no
charge, to participate in community meetings, conferences, and meetings around
the state. In addition, the Division maintains a web site at www.800helpfla.com,



                                                                              Page 69
which helps educate Florida consumers and businesses and provides on-line
complaint filing.

The Division receives its statutory authority from Chapters 496, 501, 507, 539,
559, 570, and 681, Florida Statutes.

The Division’s Investigations Section is supervised by the Division’s Assistant
Director and has one Investigation Supervisor and a team of Investigators.

The Investigations Section conducts investigations of alleged violations of Florida
laws that fall within the jurisdiction of the Division’s regulatory programs, as well as
other consumer protection laws. The Investigators develop plans, interview
witnesses, and take sworn testimony. They gather documentary evidence, conduct
surveillance activities and fact-finding conferences, and negotiate agreements to
settle or reconcile complaints. The investigators work closely with the
Department’s Office of Agricultural Law Enforcement on various cases, and also
confer with members of the Department’s Legal staff and Assistant State Attorneys
concerning matters being investigated.

                               Bureau of Compliance

The Bureau of Compliance has regulatory responsibility for the following types of
business entities: Business Opportunities, Dance Studios, Game Promotions,
Health Studios, Intrastate Movers, Motor Vehicle Repair Shops, Pawn Shops, Sellers
of Travel, Solicitation of Contributions, and Telemarketing.

The Sales of Business Opportunities Act requires sellers of business
opportunities to file a disclosure statement with the Department. They receive an
advertising identification number, and some are also required to post a bond of
$50,000. The Department has the authority to collect filing fees and impose a
penalty for noncompliance of the law.

The Dance Studio Act requires ballroom dance studios to register annually with
the Department. Dance studios that require an advance payment in excess of $250
or which enter into installment contracts must also post a bond with the
Department. The Department has the authority to collect registration fees and
impose a penalty for noncompliance of the law.

Sweepstakes/Game Promoters are required to register with the Department at
least seven (7) days prior to the commencement of their game promotion. The
Department has the authority to collect filing fees and impose a penalty for
noncompliance of the law.

Health Studios are required to register with the Department annually and in some
cases post a $50,000 surety bond, letter of credit, or certificate of deposit. The
purpose of this security is to reimburse members if the studio fails to meet its
contractual obligations to its members. The law authorizes the Department to
collect registration fees and impose a penalty for noncompliance of the law.


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The Intrastate Movers Act requires moving companies of household goods within
the State of Florida to annually register with the Department. The law became
effective July 1, 2002, and authorizes the Department to collect registration fees.
Penalties may be imposed for noncompliance of the law.

The Motor Vehicle Repair Act requires each motor vehicle repair shop to register
with the Department prior to doing business in this state. The Department is
authorized to collect registration fees and impose penalties for noncompliance with
the law.

The Florida No Sales Solicitations (Do-Not-Call) Law is designed to relieve
residents of unwanted and unsolicited telephone solicitation calls. Florida residents
may pay an initial registration fee of $10 (and $5 renewal fee for each subsequent
year) to register their home, cellular, or pager number on the Department’s “No
Sales Solicitation Calls List.” The Department is authorized to impose violations
against telemarketers that violate a Florida consumer’s privacy under this law.

The Florida Pawnbroking Act requires pawnshops to annually register with the
Department and obtain a license. Each pawnshop must maintain a net worth of at
least $50,000 or file security in the form of a bond, letter of credit, or certificate of
deposit in the amount of $10,000. The Department is authorized to collect
licensing fees and impose penalties for noncompliance with the law.

The Sellers of Travel law requires any seller or promoter of travel-related services
to register annually with the Department, unless exempt. Sellers of travel are
required to submit a performance bond, certificate of deposit, or letter of credit in
an amount not to exceed $25,000 or $50,000 if they sell vacation certificates. The
Department is authorized to collect registration fees and impose penalties for
noncompliance of the law.

The Solicitation of Contributions Act requires charitable organizations,
sponsors, professional solicitors, and fund raising consultants to register with the
Department before soliciting contributions. The Department is authorized to collect
registration fees and impose penalties for noncompliance of the law.

The Florida Telemarketing Act requires non-exempt businesses that engage in
the sale of consumer goods or services by telephone to be licensed and post
security (surety bond, certificate of deposit, or letter of credit) of $50,000 prior to
soliciting in this state. The law also requires salespersons for these businesses to
be licensed. The Department is authorized to collect registration fees and impose
penalties for noncompliance of the law.

                        Bureau of Mediation & Enforcement

The Bureau of Mediation & Enforcement processes all consumer complaints filed
with the Division both electronically and via mail. The Bureau of Mediation &
Enforcement receives over 42,000 complaints each year, with 15-20 percent of


                                                                                  Page 71
those complaints filed against businesses violating the Florida “No Sales Solicitation
Calls” law. Once a complaint is filed with the Bureau, its dedicated staff mediates
the complaint and tries to resolve issues to the consumer’s satisfaction. Complaints
that fall under the jurisdiction of another federal, state, or local governmental
agency are referred to that office for processing. This Bureau also processes
administrative enforcement actions for violations by an entity that falls within one
of the Division’s regulatory programs. In addition, this Bureau refers complaints
involving unfair and deceptive trade practices or criminal violations to the Division’s
Investigations Section and the Department’s Office of Agricultural Law Enforcement.

                         Bureau of Consumer Assistance

The Bureau of Consumer Assistance oversees the operation of the Consumer
Assistance Call Center and the Division’s program on the Florida New Motor Vehicle
Warranty Enforcement Act (more commonly known as the Florida Lemon Law). The
Call Center maintains the State’s toll free consumer hotline (800) HELP-FLA (435-
7352). The Call Center is located in Tallahassee and is staffed with trained analysts
who answer approximately 25,000-30,000 telephone calls each month. Staff
responded to a wide variety of consumer questions about Florida laws, assist callers
in locating the appropriate governmental office they are seeking, and provide
informational tips and educational brochures.

The Lemon Law Section administers the Florida New Motor Vehicle Warranty
Enforcement Act. The Department screens all requests for state arbitration, and
refers qualified applicants to the Florida Attorney General’s Office which oversees
the Florida New Motor Vehicle Arbitration Boards. The Department also conducts
annual evaluations to certify that motor vehicle manufacturers that establish
informal dispute settlement procedures have complied with the provisions of Title
16, Code of Federal Regulations, Part 703, and Chapter 681, F.S.

                            Division of Aquaculture

The Division of Aquaculture is responsible for the development and regulation of
aquaculture in the State. The Division has a broad range of regulatory authority
over the industry. These responsibilities cover species from alligators to fish,
plants, and oysters to clams. The Division has two Bureaus, the Bureau of
Aquaculture Development and the Bureau of Aquaculture Environmental Services.
The Bureau of Aquaculture Development is responsible for regulating aquaculture
businesses, leasing state-owned submerged lands, and providing for enhancement
of existing natural shellfish reefs. The Bureau of Aquaculture Environmental
Services is responsible for monitoring water quality and processing plant
inspections. The duties of the Division and its support functions are found in
Chapters 253, 370, and 597, Florida Statutes.

                      Bureau of Aquaculture Development

The Bureau of Aquaculture Development is responsible for advancing aquacultural
production in Florida through three primary program components. These


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components include the Aquaculture Certification Program, the Aquaculture Leasing
Program, and the Shellfish Resource Development Program.

The Aquaculture Certification Program provides a mechanism to identify Florida's
aquaculture products and producers. Florida's fish and shellfish farmers qualify for
the certification program by complying with best management practices that have
been developed to encourage sustainable farming practices while protecting water
and natural resources. The certification program recognizes Florida's aqua-farmers
as part of the agricultural community.

The Aquaculture Leasing Program is responsible for managing aquaculture activities
conducted on sovereign submerged lands. Staff administers state-owned
submerged land leases that are authorized by the Governor and Cabinet, including
the Commissioner of Agriculture. This program offers aquaculture producers a
unique opportunity to conduct aquaculture activities in areas where environmental
and demographic conditions are favorable for producing marine aquaculture
products.

The Shellfish Resource Development Program is responsible for managing and
developing Florida's valuable shellfish resources. Staff manages a comprehensive
program to enhance habitat quality and oyster production on Florida's public oyster
reefs. Oyster resource development programs are conducted in many of the state's
historical oyster producing waters, and these programs benefit commercial
oystermen and recreational harvesters, as well as enhance the environmental
quality in Florida's estuaries.

                Bureau of Aquaculture Environmental Services

The Bureau of Aquaculture Environmental Services is responsible for monitoring
water quality for over 1.4 million acres of water and shellfish processing plant
inspections.

Florida’s shellfish program dates back to the 1940's. One of the main
responsibilities is to identify actual and potential pollution sources and work with
local, state, and national government for the removal of these sources of pollution.
The Bureau continuously evaluates standard drainage patterns, hydrology,
meteorology, pollution sources, water quality parameters, and fecal coliform levels
to develop area-specific classification and management plans. These activities
reduce the risk of shellfish-related illnesses to consumers while maximizing the area
available for harvest. Water samples are regularly taken to ensure the
wholesomeness of the areas shellfish are being harvested from.

This Bureau also inspects and licenses shellfish processing facilities. Staff receive
and process license applications and conduct processing plant inspections in
accordance with federal and state standards to ensure that all public health
requirements are met prior to issuing or renewing a license.




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                            Affirmation of Policy

The AA Program continues to be an important component of the Department, and in
issuing this AA policy, the Department affirms its commitment and pledges its full
support to EEO for all persons, regardless of race, color, ancestry, religion, sex,
national origin (including those for whom English is a second language or those who
may have legal status as immigrants), marital status, disability, medical condition,
age, status as a disabled veteran, or political opinion or affiliation. Unfortunately,
challenges to achieving parity in the employee populations continue to exist despite
diligent efforts, yet the Department will ensure the program is effective as possible
by continuing to implement quantitative and qualitative reporting, monitoring, and
educational procedures and programs.

The Department has established a five-year goal to take proactive measures to
achieve continual progress in attaining a work force that mirrors the diversity
available in Florida’s available labor market, particularly to eliminate an imbalance
in the minority and female work force. The goal will be measured by the increase
in numbers in occupational groups where the Department’s work force numbers are
fewer than the available numbers in Florida’s labor market.

Recognizing that equal opportunity can only be achieved through demonstrated
leadership and aggressive implementation of a viable AA program, this AA Plan
(Plan) has heightened awareness of that commitment within the agency’s
leadership team by setting forth specific AA and EEO responsibilities for the
Commissioner, EEO/AA Officer, Division Directors, and Supervisors. All employees
are expected to make every reasonable effort to carry out their Plan responsibilities
in spirit as well as action to ensure that equal opportunity is available to all;
demonstrate sensitivity to and respect for others; and demonstrate commitment to
the agency’s EEO and AA objectives.

The Department will achieve its AA goals contained in its Plan by taking the
following actions.
    • The Department’s Employee Handbook which is provided to each employee
       during mandatory New Employee Orientation contains
          o The EEO/AA Policy Statement from the Commissioner (see page 4 of
              this Plan or Appendix A).
          o An employee acknowledgement form that is signed and kept in the
              Bureau of Personnel Management stating that the employee “has
              received a copy of the Department of Agriculture and Consumer
              Services' Employee Handbook. After this date, I realize that it is my
              responsibility to review the Handbook on the Department’s Intranet to
              familiarize myself with any changes/updates and to contact my
              supervisor or the Personnel Office regarding any questions.” (See
              Appendix B.)
          o The zero-tolerance policy toward discrimination and the definition and
              description of Sexual Harassment. (See Appendix C.)




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          o   The Standards of Conduct, which provide for progressive disciplinary
              actions for any individual who has engaged in substantiated
              discriminatory practices. (See Appendix D.)
      •   Training is conducted by the Bureau of Personnel Management during
          mandatory New Employee Orientation and Department Supervisory
          Standards Training on a regular basis at various locations statewide and
          includes instruction on
              o The Department’s policy regarding the AA Program.
              o Sexual harassment (see sample outlines in Appendix E & F).
              o Discrimination, (see sample outline in Appendix E).
              o The Americans' with Disabilities Act. (See sample outline in
                 Appendix G.) Additionally, the video “Making the ADA Work for
                 You” is shown.
              o Discipline (see sample outline in Appendix H).
      •   A copy of the Department’s Rules, Policies, and Procedures are given to
          each employee at the time of appointment, including Disciplinary Policy
          and Employee Standards of Conduct (AP&P 5-3) and Discrimination and
          Sexual Harassment (AP&P 5-21). Employees sign an acknowledgement
          form. (See Appendix I.)

The Department strongly promotes the full realization of EEO through continuing
programs of AA at every management level within the Department and shares the
responsibility for the successful implementation of the Plan. The Department
subscribes to and implements to the fullest, the requirements of Title VII of the
Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act of
1967; the Equal Pay Act of 1962, as amended; the Vocational Rehabilitation Act of
1973, as amended; the Americans with Disabilities Act; the Florida Human Rights
Act of 1977; the EEO Act of 1972; the EEO and Equal Pay Provisions of the Fair
Labor Standards Act of 1938, as amended; Vietnam Era Veterans Readjustment Act
of 1974; Pregnancy Discrimination Act of 1978; Governor’s Executive Order 79-50;
Cabinet Resolution as adopted August 7, 1979; Florida Civil Rights Act of 1992;
Chapter 760, F.S.; Section 110.105, F.S.; Section 110.112, F.S.; Section
413.08(3), F.S.; Chapter 9, Florida Commission on Human Relations, F.A.C.;
Chapters 60L-31, 32, and 33, F.A.C.; Guidelines developed by the Department of
Management Services: “Affirmative Action Planning Guide”, and The Department’s
Discrimination and Sexual Harassment policy (AP&P 5-21).

The Department expects full support from each manager and supervisor in meeting
the objectives of this program, and periodic evaluations will be made to measure
program accomplishments. Where imbalances or lack of progress are evident,
necessary measures will be taken to remedy the problems.




                                                                             Page 75
                           Policy Dissemination

The EEO/AA Officer, with the cooperation of the Division Directors, shall have the
responsibility for the dissemination of information, both internally and externally,
regarding the Department’s EEO/AA Policy and Plan. The Department is committed
to educating all current and future employees regarding rights concerning AA and
employment discrimination. All employees will be apprised of the Department’s
policy on EEO/AA by the following methods.

Internal Dissemination:
The following internal communication dissemination methods may include, but not
necessarily be limited to, the following.

• Policy-orientation sessions for all managers and supervisors
   o The EEO/AA Officer, head of the Human Relations Section, or Bureau Chief in
      the Inspector General’s Office will conduct training sessions on ADA, Sexual
      Harassment, and Discrimination at the Department Supervisory Skills Training
      which is required of all newly appointed or hired supervisors yet open to all
      employees. Training will be conducted at the New Employee Orientation which
      is mandatory for all new hires, including managers, on Sexual Harassment and
      Discrimination. (See Appendixes E-H for Sample Outlines.)
   o The EEO/AA Officer will serve as an information resource to management and
      supervisory staff members, as well as employees, regarding the Department’s
      Plan and will hold meetings, as necessary, with Divisions and Bureaus to
      address areas of concern.

• Bulletin boards display the policy.
   o EEO posters are on display as required by Title VII, the Age Discrimination Act,
     and the Human Rights Law.

• Description of policy in appropriate publications, such as employee's handbook
   o The Discrimination and Sexual Harassment Administrative Policy and
     Procedure #5-21 and Disciplinary Policy and Employee Standards of Conduct
     #5-3 are included in the Rules, Policies, and Procedures handbook given to
     employees when they sign on as new hires; they are included in the
     Department Supervisory Manuals; and they are also posted on the
     Department’s Intranet.

• Employee orientation sessions
   o The Discrimination and Sexual Harassment Administrative Policy and
     Procedure #5-21 is discussed, a demonstrative Sexual Harassment video is
     shown, and discrimination in general is discussed, during a presentation by the
     Department’s Employee Relations Section Head at New Employee Orientation.
     An outline of the presentation is included in Appendix E.

• All applications and recruitment materials contain the statement, “An Equal
  Opportunity/Affirmative Action Employer.”



                                                                                Page 76
• Copies of the Department’s Plan are furnished by the Bureau of Personnel
  Management to any employee upon request.

External Dissemination:
Information regarding the Department’s AA Plan will also be made available to
outside sources. The dissemination of information may include, but not necessarily
be limited to, the following.

• Copies of the EEO/AA Plan will be distributed by the Bureau of Personnel
  Management, upon request.

• In compliance with Chapter 60K-3, F.A.C., an "Equal Employment
  Opportunity/Affirmative Action Employer" statement will be included in all job
  opportunity announcements and advertisements, recruitment literature, and
  correspondence, as well as on the State of Florida employment application.

• In addition to announcing vacancies through PeopleFirst, recruitment efforts may
  utilize
    o Minority-owned newspapers or publications with general circulation.
    o Local community leaders, professional women’s organizations, disabled
      organizations, and minority organizations.
    o Vocational schools, community colleges, universities’ placement and
      cooperative education offices, vocational rehabilitation agencies, organizations
      working with senior citizens, and Jobs and Benefits Center offices.

Copies of the AA Plan shall be on file in the Bureau of Personnel Management and
available for public review between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday, except holidays. The AA Plan is also available electronically at
http://www.doacs.state.fl.us/admin/personnel/pdf/dacs_aaplan.pdf.




                                                                               Page 77
                          The Harassment Policy
Harassment can have a devastating effect in the workplace. The effects of sexual
and other types of harassment can range from loss of worker productivity to
monetary losses to the Department, supervisor, and possibly to the person accused
of the act.

The Department acknowledges the federal guidelines' definition of Sexual
Harassment as a request for sexual favors, unwelcome sexual advances, or other
verbal or physical conduct of a sexual nature or in relation to employment, when
submission to such conduct is made either explicitly or implicitly a term or condition
of employment; submission to or rejection of such conduct is used as the basis for
an employment decision affecting the employee; or the conduct unreasonably
interferes with the employee's work performance or creates an intimidating, hostile,
or offensive work environment.

Every employee has the right to a workplace free of harassment. The Department
has developed a comprehensive plan of action to prevent (sexual) harassment in
the workplace and includes it in its Plan. The Plan includes the following
information.

 • A copy of the Department’s Administrative Policy and Procedure #5-21 for the
   prevention of Discrimination and Sexual Harassment is attached in Appendix I of
   this Plan and includes the information below per 60L-28, F.A.C., Sexual
   Harassment. It is given to all new employees during sign-up, is discussed at
   New Employee Orientation and Department Supervisory Standards Training, and
   appears in the Department Supervisory Manuals as well as on the Intranet.
       o Specific steps to inform employees that complaints of Sexual Harassment
         are recognizable under Title VII.
       o Existing internal EEO complaint systems are structured to deal sensitively
         with Sexual Harassment issues.
       o Department codes of conduct and policy directives/materials designed to
         curtail inappropriate conduct are found in Administrative Policy and
         Procedure #5-3 Discipline and Standards of Conduct. It is given to all new
         employees during sign-up, is discussed at New Employee Orientation and
         Department Supervisory Standards Training, and appears in the
         Department Supervisory Manuals as well as on the Intranet. It is found in
         Appendix K.

 • Training programs designed to inform supervisors and other agency personnel
   of their responsibilities to discourage explicit or implicit unwelcome advances or
   physical conduct of a sexual nature in order to maintain a workplace free of
   harassment are conducted at the mandatory New Employee Orientation,
   mandatory Department Supervisory Standards Training for supervisors, and
   upon request as needed. Sample outlines are located in Appendices E & F of
   this Plan.




                                                                              Page 78
• Training is also conducted at mandatory Department Supervisory Standards
  Training and New Employee Orientation on Discrimination and Standards of
  Conduct.




                                                                      Page 79
                     EEO/AA Officer Information
In order to comply with Chapter 110.112, F.S., the Commissioner has appointed
Ms. Nancy Neely to serve as the Department’s as the EEO/AA Officer. She may be
contacted as follows.

EEO/AA Officer:                       Nancy Neely
                                      Senior Management Analyst II
Address:                              306 Mayo Building
                                      Tallahassee, Florida 32399-0800
Telephone Number:                     (850) 921-6262/Suncom 291-6262

She will report directly to the Chief of Personnel Management, Division of
Administration, on matters relating to EEO and AA. She has the complete and
unqualified support of top management and is responsible for the execution the
Department’s AA Plan. Specifically, she is responsible for:

 • Keeping management informed of the latest developments in AA.
      o Advising and reporting to the Commissioner and the Assistant
        Commissioner (Chief of Staff) on the status of the Department's efforts in
        accomplishing the AA Plan’s objectives and goals.
      o Representing the Commissioner at management level meetings (inter- and
        intra-department) in which policies, rules, programs, and other matters are
        discussed relating to Department recruitment, training, promotions,
        classification, layoffs, reorganizations, and/or other personnel management
        related topics.
      o Disseminating EEO/AA information on the latest developments to
        managers, supervisors, and other professionals involved in the
        Department's employment program.
      o Coordinating the preparation of periodic reports and statistical data for
        management to inform them of each Division's progress within the Plan.

 • Developing, implementing, and maintaining the Department's EEO/AA program.
     o Developing and recommending policies and procedures to achieve or to
       improve upon stated EEO goals and objectives.
     o Coordinating with Divisions in the development of the Department's EEO
       procedures.
     o Establishing and maintaining all records and files relative to the AA
       program.
     o Conducting discussions with management as needed to ensure consistent
       application of AA policies.
     o Serving as liaison between the Department and agencies and organizations
       with placement interests of Minorities, Females, and individuals with
       disabilities.
     o Acting as the Department’s “clearinghouse” and distributing information
       concerning opportunities for the Department’s participation at college
       career fairs.
     o Compiling an annual AA Plan.
     o Assisting with the development and/or developing training programs for


                                                                            Page 80
       Department personnel regarding supervisory management, human
       relations, employee performance appraisals, career development, employee
       orientation, AA, ADA, Sexual Harassment, Discrimination, and related
       matters.
     o Making presentations to assist employees of the Department in
       understanding their individual roles in relation to the Plan.

• Conducting studies of the EEO/AA program to determine deficiencies and to
  assess progress toward goals.
     o Assisting the Divisions in setting goals for minority hiring and reviewing the
       goals periodically to determine progress.
     o Performing a self analysis of the Department's employment (new hires and
       promotions) by continually monitoring and reviewing each sector of the
       Department in an effort to detect, investigate, and correct any areas of
       unfavorable impact, exclusion, disadvantage, or disparate treatment.
     o Monitoring personnel policies, practices, procedures, training, turnover, and
       benefits to determine if overt and/or covert barriers exist which adversely
       affect employees or potential employees and ensuring that all opportunities
       and benefits are accessible to employees with disabilities.
     o Evaluating the employee attrition rate and reasons for termination.
     o Implementing audit and reporting systems that will
            • Measure the effectiveness of the AA Program;
            • Indicate the need for remedial action; and
            • Determine the degree to which the goals and objectives are being
              attained.
     o Conducting and monitoring work force analyses.

• Monitoring selection/hiring practices to ensure compliance with EEO/AA goals.
    o Assisting in recruiting for minority and female employees based upon
      current and projected employment needs.
    o Coordinating and developing, through the technical assistance of the
      Department of Management Services, a review of application and selection
      procedures to ensure ample opportunity for under-utilized groups to obtain
      employment with the Department. This will include a review of the
      application process and the comparative local labor force and market
      patterns.
    o Reviewing and continuously evaluating the AA action program to determine
      adverse barriers to equal employment and making recommendations for
      corrective action.
    o Reviewing all Department appointments to ensure the Department achieves
      its AA goals and maintain fairness in the hiring process.

• Refer employee complaints to the Office of Inspector General.

• Reviewing investigations of all formal charges of discrimination and
  recommending alternatives to any discriminatory practices that might be
  identified.



                                                                             Page 81
                  Responsibility for Implementation
Agency Head
The Commissioner is ultimately responsible for the overall effectiveness and
implementation of the Department's AA program in compliance with Section
110.112, F.S. The Commissioner
   • Ensures that the EEO/AA policies and practices are designed to effectively
     achieve the goals of the program;
   • Monitors the program and ensures that the Department reports to the
     Department of Management Services on its progress;
   • Ensures that the EEO/AA Officer timely complies with all objectives for
     implementation of the program;
   • Assists the EEO/AA Officer in encouraging managers and supervisors to
     actively participate in effective implementation of the program; and
   • Provides guidance and direction to the EEO/AA Officer.

EEO/AA Officer
The EEO/AA Officer's specific responsibilities are listed in the previous section,
EEO/AA Officer Information.

Division Directors
Each Division Director has the responsibility of
   • Developing the AA program for his/her Division;
   • Making specific recommendations to the EEO/AA Officer regarding guidelines
     for the Department to meet the objectives and goals of the Plan;
   • Reviewing the progress of his Division to determine how well the Plan is being
     carried out;
   • Evaluating the consistency of effort by supervisors and managers toward EEO;
   • Regularly discussing with supervisors the importance of and progress being
     made regarding AA goals, and ensuring that all supervisors understand the AA
     policies, the necessity of their support for effective implementation, and that
     their work performance is being evaluated on their good faith efforts in
     implementing the AA Plan; and
   • Assuring that the Division is continually working to train and promote qualified
     underrepresented groups.

Supervisors
Implementing the policy is a shared responsibility with all Department personnel.
Directors and supervisors are regarded as the key to an effective AA program.
Management personnel shall be responsible for providing information pertinent to
the development, implementation, and maintenance of the AA Plan and actively
supporting the agency's AA program, which may include, but is not limited to:
   • Assisting in evaluating employment procedures used by his/her organizational
     unit and proposing solutions to eliminate barriers to the employment and
     promotion of underutilized groups;
   • Assisting in gathering information regarding complaints by or on behalf of
     applicants;
   • Supplying data by EEO category on all new hires and promotions;


                                                                                Page 82
• Performing periodic audits to ensure compliance in such areas as:
     o Displaying posters and EEO policies properly;
     o Ensuring facilities are available to persons of any race, sex, and persons
       with disabilities;
     o Ensuring minority, female, older, and disabled employees are afforded full
       opportunity and are encouraged to participate in all Department-
       sponsored education, recreation, and social activities; and
     o Reviewing position descriptions periodically (at least every three years) to
       ensure that they accurately reflect the job being performed; and
• Preventing harassment of employees placed through AA efforts and assisting
  those employees in succeeding in their job responsibilities.




                                                                           Page 83
                          Comparative Statistics
The statistics compiled by the U.S. Census Bureau based on the 2000 Census have
been used because each group is counted separately and not duplicated.
Therefore, verifiable data rather than projections are utilized for this Plan.

A list of codes and titles for eight State and Local Job Categories for the Census
2000 Special EEO Tabulation are presented below. These categories are similar, if
not identical, to the job categories used by State and Local governments in
reporting EEO-4 survey data.

           State and Local Job Codes State and Local Job Category Titles
                         01 Officials/Administrators
                         02 Professional
                         03 Technicians
                         04 Protective Service: Sworn
                         05 Protective Service: Non-sworn
                         06 Administrative Support
                         07 Skilled Craft
                         08 Service/Maintenance




                                                                            Page 84
                Multi-Year Plan and Annual Updates
This Plan outlines the strategy the Department will use to ensure EEO is made
available to all applicants and employees and to ensure that the work force reflects
the available labor market. It establishes the goals and determines the strategies
and describes the necessary time and effort that must be devoted to implement it.
Therefore, the Department has developed a comprehensive five-year plan based on
projected vacancies, growth, staff reductions, program changes, and any other
factors that will contribute to its ability to achieve its goals. The five-year Plan
contains all of the elements described in the Department of Management Services
Guidebook. Hereafter, an annual update will be submitted for reporting
requirements during the remaining years of the effective period.




                                                                             Page 85
                         Affirmative Action Goals
The Department’s overall AA goal is to attract and employ qualified candidates in
the Minority and Female groups for the EEO categories identified as
underrepresented in the Department. In establishing AA goals, it strives to achieve
a work force, which closely, but not necessarily perfectly, reflects the labor force.
However, it is not expected that parity will be reached within one AA plan year, and
although various EEO groups indicate a “0” goal in the current plan year, managers
and supervisors are encouraged to strive for parity in all EEO groups.

When a specific number, in an EEO category, underrepresents a certain group, the
Department will direct its recruitment effort in that area by advertising to find a
satisfactory sized pool of qualified applicants in the underrepresented group. If, in
the final phase of selection, two applicants are equally suited for the position and
one is from a group with an AA goal, the Department will extend employment to
that candidate.

Affirmative Action does not mean hiring underqualified persons to meet quotas or
giving preference to persons in underrepresented groups. However, veterans'
preference will be granted regardless of AA goals, in compliance with Florida
Statutes.

The AA effort will be reasonable in consideration of the
• extent of underrepresentation,
• availability of candidates,
• number of vacancies,
• timeframe of the AA Plan, and
• disproportionate harm that may be imposed on the interests of innocent
   individuals.

If significant numbers of employees in an underrepresented group must be hired to
come close to parity, yet the turnover rate is low, it will take time before the goal
can be reached.

The availability of candidates will be dependent on
• effective community outreach,
• agency recruitment,
• applicant flow, and
• relevant qualifications, training, and promotions.

Problems and barriers to the employment of targeted groups will be identified and
eliminated.




                                                                               Page 86
                            Work Force Analysis
The following Work Force Analysis represents a breakdown of the current work
force in each EEO job category by race and sex as of June 30, 2006.

The Work Force Analysis chart is a matrix which displays the work force by
organizational unit (e.g., Agency, Division, Bureau), EEO job category, race, ethnic
group, and sex.

The first column lists the organizational unit being examined. In the second column,
the EEO job categories are listed in order, from EEO 01-08. Only those categories
for which the Department has employees in that organizational unit are listed. For
example, in the Division of Standards, there are no EEO categories 4 (Protective
Service Workers), 5 (Paraprofessionals), 7 (Skilled Craft Workers), or 8 (Service
Maintenance).

The next subgroups display data for the:

   • Total Work Force, broken down by sex;
   • Male work force population, broken down by race and ethnic group; and
   • Female work force population, broken down by race and ethnic group.

Line 1: # - This line is the numerical breakdown of the work force in each EEO job
category by race, ethnic group, and sex for each organizational unit. For example:
In the Division of Administration’s EEO job category 01, under the Male subgroup,
there are 24 White males, 1 Black male, and 1 Hispanic male.

Line 2: % - This line is the percentage of each race and sex in relationship to the
total of the subgroup. For example: In the Division of Administration’s EEO job
category 01, under the Male subgroup, the 24 White males are 92% of the total
Male subgroup. (24 ÷ 26 = 92%)

Line 3: % - This line is the percentage of each race, ethnic group, and sex in
relationship to the Total number under the Total Work Force. For example: In the
Division of Administration’s EEO job category 01, under the Male subgroup, the 24
White males are 62% of the total Male subgroup. (24 ÷ 39 = 62%)

Also represented is the total for all the sub-group numbers and calculated
percentages on all totals for each Division and for the entire Department based on
all EEO job categories in all organizational units.

Access chart at the following:
http://www.doacs.state.fl.us/admin/personnel/pdf/work_force_analysis.pdf




                                                                              Page 87
                              Utilization Analysis
It is the Department's goal to provide equal opportunity for employment to all
applicants and employees. This self-analysis will provide the basis to determine if
employment practices exclude or tend to exclude, disadvantage, restrict, or result
in adverse impact or disparate treatment of applicants or employees. As a goal and
an indication of the commitment to AA and EEO, the Department will complete a
work force utilization analysis each year. Its 2006 utilization analysis is depicted in
as follows.

Where there is underrepresentation of minorities and women, annual objectives
have been established. Disparate impact has many causes, including labor market
factors, applicant preference, budget constraints, low turnover, etc. A finding of
adverse impact is not an indication of discrimination toward a particular group.

The Utilization Analysis is a comparison of the actual employment by race, ethnic
group, and sex (Work Force Analysis) with their relative availability (Available Labor
Market Analysis) in the relevant labor market. In those instances where the
utilization is less than availability, underutilization is declared and appropriate goals
and timetables have been established.

Under the column "Organization Unit" each organizational unit is listed as in
"Exhibit 1" (Work Force Analysis). Each line in this column corresponds to a specific
EEO job category and indicates the following information.

Line 1 represents the number of employees in each category. (For example, in the
Division of Administration’s EEO job category 01, there are 24 White Males.)

Line 2 represents the percent in category, i.e., the percentage of the EEO job
category represented by each EEO group. The EEO group percentage is calculated
by dividing the number of each EEO group in each EEO job category by the total
employees in the EEO job category. (For example, in the Division of
Administration’s EEO job category 01, there are 24 White Males ÷ 39 Total Work
force = 62%.)

Line 3 represents the percentage of the available labor market (ALM) represented
by each EEO group. The EEO group availability percentage is obtained from the
Available Labor Market Analysis charts derived from the 2000 United States Census.

Line 4 indicates how the work force compares with the available labor market. The
ideal situation is to be in parity (P) with the available labor market, as opposed to
over utilized (+) or underutilized (-).

Line 5 is meant to represent the numerical goal, if applicable, for each EEO group
based on what an analysis of the Department's work force and anticipated



                                                                                 Page 90
vacancies indicate. A goal is only appropriate when underutilization has been
discovered. No data was completed for this section. Goals are listed elsewhere in
this Plan.

Access chart at the following:
http://www.doacs.state.fl.us/admin/personnel/pdf/utilization_analysis.pdf




                                                                            Page 91
            Progress Toward (Establishment of) Goals

This chart is used to detail the goals (anticipated progress) the Department will
make in reaching the desirable parity for all EEO groups in each EEO job category.
The chart is broken into three sections.

First Section: Work Force at Beginning of Period

This section gives a snapshot of what the work force looked like at the beginning of
the AA Plan period (July 1, 2006). The number of employees in each EEO job
category from all organizational units are displayed by race, ethnic group, and sex.

Second Section: Goals

This information establishes this five-year Plan’s goals for the July 1, 2006 – June
30, 2011 Affirmative Action Plan. The goals are established for each EEO job
category by race, ethnic group, and sex are defined in this section.

Third Section: Progress Towards Goals During Reporting Period

The total progress toward goals will be calculated annually beginning July 1, 2007
since this five-year Plan is established new goals. At that time, total progress will
include new hires and promotions, less all separations, in each EEO job category.




                                                                               Page 93
                                                                                            Exhibit 3
                                                                                    PROGRESS TOWARDS GOALS

                                                                                                                                      PROGRESS TOWARDS GOALS DURING REPORTING
             EMPLOYEES AT BEGINNING OF PERIOD 7-1-2006                                 June 30, 2011 GOALS (5-Year Paln)
                                                                                                                                                      PERIOD

EEO                    MALE                            FEMALE                         MALE                       FEMALE                      MALE                   FEMALE

CAT   TOT    WHT     BLK       HIS       OTH   WHT    BLK    HIS       OTH    WHT   BLK    HIS   OTH    WHT     BLK    HIS     OTH   WHT   BLK   HIS   OTH   WHT   BLK   HIS   OTH



01     114      76         2         1     0     29      2         2      0                  2

02    1739     951     49        79        1    442     89      63        0                  6                             8

03     349     166     36            7     0     81     12         5      0                  5                             3

04     777     590     52        27        0     75      9         5      0                  4                             4

05      30       9         4         1     0      9      6         0      0

06     235      20         7         1     0    133     57         7      0

07     107      96         3         4     1      1      0         0      0                  3

08      96      64     12            2     0     15      2         0      1                  2                             1

      3434   1976    162        121       71    788    177      82       49




                                                                                                                                                                   Page 94
       Review by EEO Job Category – Goals Not Attained

                                Exhibit 4
                           GOALS NOT ATTAINED

ORGANIZATIONAL
UNIT

EEO JOB CATEGORY:


GOAL DESCRIPTION:

GOOD FAITH
EFFORTS:
REASON(S) GOAL
NOT MET:

PROPOSED
CORRECTIVE
MEASURES:




Since this five-year Plan is establishing goals, there is no past data to compare to
and therefore no goals that have not been attained.




                                                                               Page 95
  Analysis of Personnel Action: New Hires Applicant Flow

The Department does not track race/sex information on new hires as that
information is not always available. We have been told by the Florida Commission
on Human Relations that Affirmative Action is tracked for recruitment purposes not
selection.




                                                                           Page 96
 Analysis of Personnel Actions: Promotions Applicant Flow

The Department does not track race/sex information on promotions as that
information is not always available. We have been told by the Florida Commission
on Human Relations that Affirmative Action is tracked for recruitment purposes not
selection.




                                                                           Page 97
  Analysis of Personnel Actions: Terminations Work Force
The following chart compares the number of people in the work force from each EEO group
with the number of people terminated from each EEO group. The race, ethnic group, and
sex of all employees in the work force and all employees who were terminated are listed on
this chart. A termination ratio for each EEO group was then calculated by dividing the
number of employees in the work force into the number of terminations.

The logic is "reversed" in termination situations, even though the same ratios may be used
to determine whether the Department’s procedures have had unacceptable, disparate, or
adverse impact. This chart shows when there is a statistically significant discrepancy in the
termination rate(s) of any EEO group(s). The statistically significant discrepancy is
determined by applying the adverse impact formula or 80% rule. The adverse impacts
which are revealed through the calculations are addressed in the narrative under Adverse
Impact Analysis, Areas of Concern, and Action-Oriented Programs.

Line 1 is the numerical breakdown of the total work force in each EEO job category by race,
ethnic group, and sex for each organizational unit.

Line 2 is the numerical breakdown of all terminations in each EEO job category by race,
ethnic group, and sex for each organizational unit.

Line 3 is the quotient of the number terminated divided by the number of employees in each
column. This quotient represents the termination rate, i.e., the percentage of employees in
each EEO group who were terminated in each EEO job category in each organizational unit.
For example: In the Division of Administration EEO job category 02, under the Male
subgroup, the termination rate for White Males is 7%: (7 ÷ 71 = 10).

Line 4 is the adverse impact study. It compares the termination rate among the EEO
groups. The quotient entered into Line 4 is obtained by dividing the termination rate for
each group within each subgroup by the terminations rate for the highest rate within the
subgroup. For example: In Division of Administration, EEO job category 02, under the Male
subgroup, divide the termination rate for each group within each subgroup by the
terminated rate for the highest rate within the subgroup: 9 ÷ 10 = 90% for Black Males
EEO group.

Line 5 is also an adverse impact study. It compares the termination rate between the Male
and Female subgroups. It is blank under the subgroup Total Terminations. Using the
figures from Line 3, each like column is compared under the Male and Female subgroup,
i.e., Total to Total, White to White, etc. Then the lower percentage is divided by the higher
percentage of each column. For example: In the Division of Administration, EEO job
category 02, under the Male subgroup in the Total column, the percentage is 9 and under
the Female subgroup in the Total column, the percentage is 15, divide 9 by 15 (9/15). This
comparison results in a quotient of 60%. Because 60 is less than 80%, there is an adverse
impact in the termination rate of all females compared to all males terminated.

Once adverse impact is discovered, the focus is on those EEO groups with the highest
termination rate.

                                                                                      Page 98
Each identified adverse impact incident is addressed in the narrative under Adverse Impact
Analysis, Areas of Concern, and Action-Oriented Programs.

Access chart at the following:
http://www.doacs.state.fl.us/admin/personnel/pdf/termination_report.pdf




                                                                                   Page 99
                          Adverse Input Analysis

      Since no data can be derived from New Hires or Promotions, no findings of
adverse impact can be declared. However, data could be derived from
terminations, and the statistical analysis performed revealed the following.

New Hires
  • (Data Unavailable)

Promotions
   • (Data Unavailable)

Terminations
   • There is no Adverse Impact for Females.
   • Adverse Impact for Minorities is found only in Consumer Services – Category
      2: Professionals.




                                                                         Page 100
                     Identification of Areas of Concern
      The areas of concern are primarily in the officials/administrators,
professionals, technicians, and protective service, skilled craft, and service/
maintenance EEO Job Categories for male and/or female minorities. These areas
have an underrepresentation as compared to the available labor market. The
Department is currently at 19% minorities and the Department’s overall goal is to
increase that number. The following details specific areas of concern and actions
that will be taken to correct them. Again, no data was available for New Hires or
Promotions.

    EEO job             Analysis of    Areas of Concern        Corrective Action
   categories             Current
                         Situation
       EEO 01         Utilization -    Male Minorities     Emphasize professional
     Officials and    Administration                       development opportunities
    Administrators                                         and expand recruitment
                                                           strategies.
       EEO 02         Terminations –                       No action is necessary due
    Professionals     Consumer                             to the circumstances.
                      Services                             However it will be monitored
                                                           for a pattern.
                      Utilization -    Female Minorities   Emphasize professional
                      Standards                            development opportunities
                      Utilization –    Female Minorities   and expand recruitment
                      Forestry                             strategies.
                      Utilization -    Male Minorities
                      Aquaculture
                      Utilization -    Male Minorities
                      Licensing
       EEO 03         Utilization –    Female Minorities   Expand recruitment
     Technicians      Fruit &                              strategies.
                      Vegetables
                      Utilization –    Male Minorities
                      Forestry
EEO 04 Protective     Utilization -    Male & Female       Expand recruitment
     Service          Administration   Minorities          strategies.
                      Utilization –    Male & Female
                      Forestry         Minorities
    EEO 05 Para-
     professional
       EEO 06
    Administrative
       Support
       EEO 07         Utilization –    Male Minorities     Expand recruitment
     Skilled Craft    Forestry                             strategies.
                                                                                Page 101
    EEO 08    Utilization –   Male & Female   Expand recruitment
   Service/   Forestry        Minorities      strategies.
Maintenance




                                                                   Page 102
                         Action Oriented Programs
The Department has implemented the Plan for fiscal year 2006-2007. It is focusing
and increasing efforts to achieve its goals. Its Action Oriented Programs are listed
below.

   •   Increase its mailing list to include minority churches, clubs and civic
       organizations.

   •   Increase the effort of advancing women and minorities.

   •   Create co-op positions for FAMU in the chemistry and plant science areas.

   •   Create a working relationship with the communities.

   •   Utilize minority publications to promote openings.

   •   Utilize the black media to promote the Department.

   •   Work with other state agencies to increase the number of minorities and
       women.

   •   Develop a minority database to target specific EEO categories.

A. PROFESSIONAL DEVELOPMENT PROGRAMS

Divisions within the Department sponsor a variety of professional development
programs to enhance employees’ skills in their current position or prepare them for
promotion Department-wide. The Department also participates in the State tuition-
free university course program and has established its own Tuition Reimbursement
Program, unlike most other State agencies.

In addition, a Professional Development Resource Center is available within the
Division of Administration’s Training Section where employees may check out self-
help study guides, books, videos, audiotapes, and software.

Also, the Department provides training on Sexual Harassment, American with
Disabilities, Discrimination, and Diversity at its Department Supervisory Standards
Training offered 3 times a year, and the training is available to any Department
employee. These topics are also available any other time upon request.




                                                                                 Page 103
B. MANDATORY TRAINING

Sexual Harassment Awareness and Prevention, Discrimination and Employee
Rights, and Diversity training are provided for all employees at the mandatory New
Employee Orientation. Included in the curriculum are the definition of sexual
harassment, ways to prevent it, and employees’ rights; what constitutes
discrimination and what to do about it if you are discriminated against; and how to
understand and appreciate those who are different from you.

Sexual Harassment, American With Disabilities, Discrimination, and Diversity
training are required of every supervisor upon hire or assignment to a supervisory
position and are offered at its Department Supervisory Standards Training 3 times a
year and upon request.

C. CAREER FAIRS

As part of a proactive effort to recruit Minorities, Females, and other qualified
applicants, the Department participates in Career Fairs and community events
sponsored by universities and other entities. It anticipates continued involvement
whenever possible in career fairs and other community events to reach targeted
groups.

D. CAREER COUNSELING

Career counseling is available from the Bureau of Personnel Management to all
employees. If requested, staff will assist the employee in developing a career plan
that will enhance their promotional qualifications, e.g., special training programs,
in-house training.

E. RECRUITMENT STRATEGIES

In support of the Governor’s “One Florida Initiative” the Department’s strategic
objective to increase diversity, and the Department’s vision of a parity organization,
the Department will continue to make a concerted effort to target recruitment
resources toward underutilized groups as identified in the AA Plan.
An integral part of any AA program is effective recruitment strategy. To ensure an
active recruitment program, the Department will do the following:
   • Make its announcements accessible to those with disabilities.
   • Advertise positions via the People First system that enables candidates in
       various geographic locations to learn of and apply for vacancies
       electronically.
   • When applicable, attend career fairs and recruiting activities offered by high
       schools, colleges, and universities, and other organizations that reach
       Females and Minorities in targeted categories.


                                                                             Page 104
•   When applicable, advertise in newspapers, periodicals, and magazines that
    have a large Minority and Female audience.
•   Advise organizations and agencies involved in the recruitment process of the
    Department’s policy on EEO/AA.
•   Periodically review assessment tools to reduce the potential for a cultural
    employment bias.
•   Recognize internships as a means to recruit Females and Minorities into
    entry-level positions.




                                                                        Page 105
                                      Glossary
The following glossary contains terms and definitions for the purpose of providing a
basic working knowledge of the terms as used in this Plan. Terms used in reference
to employment discrimination are often defined by the courts on a case-by-case
basis. Definitions contained in Chapter 60L-21, F.A.C., are repeated exactly as
found in the rule.

Adverse Impact: A situation in which discrimination results from neutral
employment policies and practices which are applied evenhandedly to all employees
and applicants, but which have the effect of disproportionately excluding certain
EEO groups. Adverse impact can be determined by the application of the adverse
impact test formula, also known as the "80 percent rule." Once adverse impact is
established, the employer must justify the continued use of the procedure(s)
causing the adverse impact as a business necessity. It is not necessary to prove
intent to discriminate to prove adverse impact.

Affirmative Action (AA): The voluntary steps taken by an agency to promote
equal employment opportunity as required by Section 110.112, Florida Statutes,
and to address underrepresentation of any EEO group.

Affirmative Action Plan (Plan): The written plan which contains an analysis of an
agency's work force and which, upon identification of underrepresentation of an
EEO group, sets forth the specific actions, goals, and timetables by which the
agency will seek to eliminate the underrepresentation.

Agency: Any department of the executive branch of state government, except the
state university system.

Authorized and Established Position: A position in an approved budget that has
been classified in accordance with a classification and pay plan as provided by law.

Available Labor Market (ALM): The composition of the labor force that has the
requisite skills for a specific position, a class of positions or an EEO job category as
determined by each agency.

Barrier: Personnel principle, policy, or practice which restricts or tends to limit the
representative employment of applicants and employees, especially minorities,
women and individuals with handicaps.

Bona Fide Occupational Qualification (BFOQ): A good faith, honest, and
without fraud preemployment qualification that is essential to establish the ability of
the applicant to perform the necessary and required duties of the position in
question. Title VII provides an exception to its prohibition of discrimination based
                                                                                Page 106
on sex, religion, or national origin. That exception, called bona fide occupational
qualification (BFOQ), recognizes that in extremely rare instances a person's sex,
religion, or national origin may be reasonably necessary to carrying out a particular
job function in the normal operation of an employer's business or enterprise. The
protected class of race is not included in the statutory exception and clearly cannot,
under any circumstances be considered a BFOQ for any job.

Business Necessity: The Supreme Court has not provided a precise definition for
"business necessity." Usually used in connection with issues concerning adverse
impact and bona fide occupational qualifications, business necessity is a job related
justification for an employment practice, policy, or procedure. To be considered a
business necessity a practice, policy or procedure (as variously defined by the
Court) must:

   •   Be necessary to safe and efficient job performance.
   •   Be essential to effective job performance.
   •   Have a manifest relationship to the employment in question.
   •   Bear a demonstrable relation to successful performance of the jobs for which
       it was used.
   •   Show an overriding legitimate business purpose such that the practice is
       necessary to the safe and efficient operation of the business.

Class of Positions: Those positions bearing the same title and pay range due to
their similarity in kind or subject matter of work, level of difficulty or responsibility,
and qualification requirements.

Department: The Department of Agriculture and Consumer Services.

EEO Groups: Black males, Black females, Hispanic males, Hispanic females,
Asian/Pacific Islander males, Asian/Pacific Islander females, American
Indian/Alaskan Native males, American Indian/Alaskan Native females, White
males, and White females identified for the purpose of data collection, when the
incidence of representation in any group is at least two percent of the labor force in
the available labor area. (See Appendix F for a more detailed description).

EEO Job Categories: The position designations applied by the Department for the
purpose of data collection are as follows:

   •   EEO   01   -   Officials and Administrators
   •   EEO   02   -   Professionals
   •   EEO   03   -   Technicians
   •   EEO   04   -   Protective Service
   •   EEO   05   -   Paraprofessional
   •   EEO   06   -   Administrative Support
   •   EEO   07   -   Skilled Craft, and
                                                                                  Page 107
   •   EEO 08 - Service/Maintenance

Minority: Those EEO groups including Black males, Black females, Hispanic males,
Hispanic females, Asian/Pacific Islander males, Asian/Pacific Islander females,
American Indian/Alaskan Native males, American Indian/Alaskan Native females,
and White females.

Occupational Categories: EEO job categories.

Organizational Unit: For the purposes of this handbook, organizational unit is
used to identify the section of the Department structure being examined, e.g.,
division, bureau.

Parity: A situation in which the percentage of an EEO group within a given specific
position, a class of positions, or an EEO job category is equal to the corresponding
percentage in the available labor market.

Underrepresentation: A situation in which the percentage of an EEO group within
a given specific position, a class of positions, or an EEO job category is lower than
the corresponding percentage in the available labor market.

Underutilization: This term is used two ways in affirmative action planning.

       1) a situation in which a person, or EEO group of persons, is underemployed,
          i.e., employed below the level that would be expected for a person with
          their qualifications.

       2) underrepresentation (see definition above).




                                                                             Page 108
                                   EEO Groups

White - (not of Hispanic origin) All persons having origins in any of the original
peoples of Europe, North Africa, or the Middle East.

Black - (not of Hispanic origin): All persons having origins in any of the Black racial
groups of Africa.

Hispanic: All persons of Mexican, Puerto Rican, Cuban, Central or South American,
or other Spanish culture or origin, regardless of race.

Asian or Pacific Islander: All persons having origins in any of the original peoples
of the Far East, Southeast Africa, the Indian Subcontinent, or the Pacific Islands.
This area includes, for example, China, Japan, Korea, the Philippine Islands, and
Samoa.

American Indian or Alaskan Native: All persons having origins in any of the
original peoples of North America, and who maintain cultural identification through
tribal affiliation or community recognition.




                                                                              Page 109
            Appendix A
Equal Employment Opportunity Statement
         in Employee Handbook
 Given During New Employee Orientation




                                   Page 110
                   Equal Employment Opportunity Statement
       in Employee Handbook Given During New Employee Orientation

The Department of Agriculture and Consumer Services (Department) is fully committed to
Equal Employment Opportunity (EEO) and the implementation of a strong Affirmative Action
(AA) program for all employees and applicants for employment without regard to race, sex,
religion, color, national origin, age, political opinion or affiliation, marital status, or qualified
disability. It is the policy of the Department to provide equal opportunity and prohibit
discrimination in personnel policies, program activities, operations, access to facilities and
employment actions and conditions, including but not limited to recruitment; selection;
appointment; training and development; work assignments; career counseling; work
setting; opportunities for transfer, reassignment, or shift changes; compensation; benefits;
retention; promotion; discipline; demotion; and separation.

The Department strongly promotes the full realization of EEO through continuing AA
programs at every management level. Full support from each manager and supervisor is
expected in meeting the objectives of this program. Periodic evaluations will be made to
measure program accomplishments, and if imbalances or lack of progress are evident,
necessary measures will be taken to remedy the problems.

The Department subscribes to and implements to the fullest, the requirements of Title VII of
the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act of
1967; the Equal Pay Act of 1962, as amended; the Vocational Rehabilitation Act of 1973, as
amended; the Americans with Disabilities Act; and the Florida Human Rights Act of 1977.

The Department acknowledges the federal guidelines' definition of Sexual Harassment as
a request for sexual favors, unwelcome sexual advances, or other verbal or physical conduct
of a sexual nature or in relation to employment, when submission to such conduct is made
either explicitly or implicitly a term or condition of employment; submission to or rejection
of such conduct is used as the basis for an employment decision affecting the employee; or
the conduct unreasonably interferes with the employee's work performance or creates an
intimidating, hostile, or offensive work environment.

The Department further acknowledges the Americans with Disabilities Act, which states,
in part, "no otherwise qualified disabled individual shall, solely by reason of such disability,
be excluded from the participation in, be denied the benefits of, or be subjected to
discrimination" in programs or activities sponsored by a public entity or employer.

Complaints of discrimination may be addressed to the Bureau of Personnel Management,
Florida Department of Agriculture and Consumer Services, 407 South Calhoun Street, 306
Mayo Building, Tallahassee, Florida 32399-0800; to the Florida Commission on Human
Relations within 365 calendar days; or to the Equal Employment Opportunity Commission
within 180 calendar days unless the charge is also covered by a state or local anti-
discrimination law which extends the time-frame to 300 days. Timeframes for filing are
calculated beginning with the date of the action giving rise to the complaint. All
complainants shall be treated in accordance with the procedures set forth by law or in
Chapter 60Y-5, F.A.C.
                                           _____________________________
                                           Charles H. Bronson, Commissioner of Agriculture

                                                                                           Page 111
            Appendix B
      Acknowledgement Receipt
        in Employee Handbook
Given During New Employee Orientation




                                   Page 112
                       Acknowledgement Receipt
      in Employee Handbook Given During New Employee Orientation



         DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES




                             Employee Handbook




Employee's Name (Print): ____________________________


I hereby acknowledge that I have received a copy of the Department of Agriculture
and Consumer Services' Employee Handbook. After this date, I realize that it is
my responsibility to review the Handbook on the Department’s Intranet to
familiarize myself with any changes/updates and to contact my supervisor or the
Personnel Office regarding any questions.

I also understand that this signed acknowledgement of receipt will be placed in my
official personnel file.


                                _______________________
                                   Employee's Signature

                                ______________________
                                  Employee I.D. Number

                                ______________________
                                          Date




                                                                           Page 113
               Appendix C
Zero-tolerance Policy Toward Discrimination
and the Definition and Description of Sexual
                 Harassment
         in the Employee Handbook
    Given at New Employee Orientation.




                                        Page 114
    Zero-tolerance Policy Toward Discrimination and the Definition and
                    Description of Sexual Harassment
      in the Employee Handbook Given at New Employee Orientation.

                              EMPLOYEE RELATIONS

In order to maintain an equitable and positive working environment, it is important
for both employees and supervisors to understand employee rights and the proper
procedures when interactions between supervisors and employees occur in the
areas of human relations and disciplinary standards. These employee relations
topics are briefly described in this section; however, specific questions may be
referred to the Employee Relations Section of the Bureau of Personnel Management
at (850) 921-6257 (Suncom 291-6257).

Discrimination

The Department does not tolerate discrimination of any kind. An employee who
feels he/she has been discriminated against may report a claim of discrimination to
his/her supervisor, the Chief of Personnel Management, or the Inspector General.
An employee may also elect to use a formal internal complaint process in
accordance with the Department’s Discrimination and Sexual Harassment Policy and
Procedure No. 5-21. Additionally, formal complaints may be filed with the Florida
Commission on Human Relations or the U. S. Equal Employment Opportunity
Commission.

Sexual Harassment

The Department does not condone nor does it tolerate sexually-offensive or
harassing behavior of its employees. In accordance with the Department’s
Discrimination and Sexual Harassment Policy and Procedure No. 5-21, sexual
harassment is a form of sex discrimination and is defined as follows:

o Unwelcome sexual advances, unwelcome requests for sexual favors, or other
  unwelcome verbal or physical conduct of a sexual nature from any person directed
  towards or in the presence of an applicant when:
o Submission to such conduct is either explicitly or implicitly a term or condition of
  an individual's employment; or
o Submission to or rejection of such conduct by an individual is used as the basis
  for employment decisions affecting such individual; or
o Such conduct has the purpose or effect of unreasonably interfering with an
  individual's work performance or creating an intimidating, hostile, or offensive
  working environment; or
o Submission to or rejection of such conduct by an individual is used as the basis
  for decisions affecting person(s) or entity(ies) regulated by the Department.


                                                                             Page 115
               Appendix D
Standards of Conduct for Disciplinary Actions
        in the Employee Handbook
    Given at New Employee Orientation




                                        Page 116
                          Standards of Conduct
       in the Employee Handbook Given at New Employee Orientation

                 Standards of Conduct for Disciplinary Actions

The following are standards of conduct for the administration of disciplinary actions
to permanent Career Service employees for various types of offenses contained in
Departmental Policy and Procedure No. 5-3. The list of offenses is not all-inclusive,
and the disciplinary action up to and including dismissal, selected for a particular
offense, will be chosen based on the facts of the specific situation, taking into
consideration any extenuating circumstances.

A. Poor Performance: Employees shall strive to perform at the highest level of
   efficiency and effectiveness; they shall do more than “just get by.”

      1. Employees are expected to be reliable and dependable, for example: to
         show up for work, ready to work, on a reliable basis; to observe
         established work hours and scheduled appointments; to complete work on
         time; and to obtain permission before being off work and to schedule
         leave in a manner that minimizes work disruption.

      2. Employees are expected to be effective, for example: to organize their
         work; to stay focused on job-related activities during work hours; to
         provide the level of effort necessary to get the job done; to demonstrate
         the willingness and ability to make decisions and exercise sound
         judgment; to produce work that consistently meets or exceeds
         expectations; to accept responsibility for their actions and decisions; to
         adapt to changes in work assignments, procedures, and technology; and
         to be committed to improving individual performance.

B. Negligence: Employees shall exercise due care and reasonable diligence in the
   performance of job duties.

C. Inefficiency or Inability to Perform Assigned Duties: Employees shall, at a
   minimum, be able to perform duties in a competent and adequate manner.

D. Insubordination: Employees shall follow lawful orders and carry out the
   directives of persons with duly delegated authority. Employees shall resolve any
   differences with management in a constructive manner.

E. Violation of Law or Agency Rules: Employees shall abide by the law and
   applicable rules and policies and procedures, including those of the employing
   agency and the rules of the State Personnel System. All employees are subject
   to Part III of Chapter 112, Florida Statutes, governing standards of conduct,
   which agencies shall make available to employees. An agency may determine

                                                                             Page 117
    that an employee has violated the law even if the violation has not resulted in
    arrest or conviction. Employees shall abide by both the criminal law, for
    example, drug laws, and the civil law, for example, laws prohibiting sexual
    harassment and employment discrimination.

 F. Conduct Unbecoming a Public Employee: Employees shall conduct themselves,
    on and off the job, in a manner that will not bring discredit or embarrassment to
    the State.

      1. Employees shall be courteous, considerate, respectful, and prompt in
         dealing with and serving the public and co-workers.

      2. Employees shall maintain high standards of honesty, integrity, and
         impartiality. Employees shall place the interests of the public ahead of
         personal interests. Employees shall not use, or attempt to use, their official
         position for personal gain or confidential information for personal
         advantage.

      3. Employees shall protect state property from loss or abuse, and they shall
         use state property, equipment, and personnel only in a manner beneficial
         to the agency.

 G. Misconduct: Employees shall refrain from conduct which, though not illegal or
    inappropriate for a state employee generally, is inappropriate for a person in the
    employee’s particular position. For example, cowardice may be dishonorable in
    people generally, but it may be entirely unacceptable in law enforcement
    officers. By way of further example, people are generally free to relate with
    others, but it may be entirely unacceptable for certain employees to enter into
    certain relations with others, such as correctional officers with inmates.

 H. Habitual Drug Use: Agencies shall not tolerate violations of Florida’s Drug Free
    Workplace Act, Section 112.0455, Florida Statutes, or other misuse of mood- or
    mind- altering substances, including alcohol and prescription medications.

I. Conviction of any crime, including a plea of nolo contendere and a plea of guilty
with adjudication withheld.




                                                                              Page 118
               Appendix E
Sample Employee Rights Presentation Outline
    Given at New Employee Orientation




                                      Page 119
Sample Employee Rights Presentation Outline
    Given at New Employee Orientation




                                              Page 120
Page 121
              Appendix F
        Sample Sexual Harassment
           Presentation Outline
Given at Department Supervisory Standards
                Training




                                     Page 122
              Sample Sexual Harassment Presentation Outline
            Given at Department Supervisory Standards Training

SEXUAL HARASSMENT
     Rose Giansanti, Chief of Investigations, Office of Inspector General

DEFINITION
     • Unwelcome sexual advances, requests for sexual favors and other verbal
        or physical conduct of a sexual nature when:
           o Submission is made either explicitly or implicitly a term or condition
              of employment or creates a hostile work environment
           o Submission or rejection of the conduct is used as a basis for
              decisions affecting that individual where such conduct has the
              purpose or effect of substantially interfering with that individuals
              right to a work environment free of intimidation, hostility or
              threats stemming from acts or language of a sexual nature

2 TYPES
      • Quid Pro Quo – sexual favors required in return for some action or
        harasser retaliates against victim for refusing sexual advances. (single
        incident)
      • Hostile Environment – victim is subjected to unwelcome, unwanted
        & repeated sexual comments, innuendoes, or touching which interferes
        with victims employment performance or opportunities (pattern of
        offensive conduct)

EXAMPLES
  • Verbal – Offensive jokes, language, sexual comments
  • Physical – Touching, holding, grabbing, kissing
  • Non-Verbal – Staring, elevator eyes, leaning over a desk, offensive gesture,
     circulating cartoons, emails, pictures

NEGATIVE EFFECTS
  • Form of discrimination
  • May harm the victim physically or emotionally
  • Prevents victim from performing well on job
  • Reduces productivity
  • Destroys mutual respect

SUPERVISORY RESPONSIBILITY
  • Be proactive
  • Recognize true sexual harassment and report it
  • Use policy as a guide or call me

EQUATION
GENDER + CULTURE + RACE + RELIGION = WORK ENVIRONMENT

                                                                            Page 123
PERCEPTION
It is the difference between a good supervisor and a great supervisor!
    • Good Supervisor understands strengths, weaknesses and gets the job
        done.
    • Great Supervisor understands not only strengths and weaknesses, but has
        understanding where the employee is coming from, their personal beliefs,
        culture, and religious beliefs.

EXAMPLE
     • SEX (GOOD) – HARASSMENT (BAD)
     • OPINION (GOOD) – BIAS (BAD)
     • Any combination + PERCEPTION - Can = SEXUAL HARASSMENT




                                                                         Page 124
SCENARIOS

#1   You come into my office and see this picture. What do you say? What if I
     tell you this is my brother/sister and I’m very proud of them for making the
     fold out of this magazine. What do you say? What do you do?

#2   One of your employees comes to you and says she’s having problems with
     one of her male co-workers making sexual remarks every time she walks by.
     She tells you “I don’t want to file a complaint, I’m telling you because I trust
     you and know you’ll keep it confidential. I don’t want you to tell anyone. I
     just wanted you to know. Do you ensure her she can trust you?

#3   Your employees are predominately Hispanic. A WASP female comes to you
     and says the male employees are constantly joking and making sexual
     innuendos to the Hispanic female employees. You know how Latins are, very
     touchy feely. They have never touched her, but it offends her to hear it and
     see it and she wants you to do something about it. What do you do?
     S.H.?
                                                                            Page 125
#4    Your employee is an attractive young female and usually a very good worker.
      You are very nice and professional with her however, lately she has had
      problems with being late & her work performance and you have verbally
      warned her to no avail. You are finally forced to write a MOS on her. She
      doesn’t get a promotion because of it. 6 months later she files a sexual
      harassment case on you directly with the IG. What do you do? Document
      problem employees and keep your supervisor briefed on performance
      issues.

#5    One of your male employees gives a heavy female employee a wegie. This
      female thought it was funny and they both laughed about it with other
      employees. Another female witnesses the act and reported it to you as
      offensive sexual harassment. Is this sexual harassment? What do you
      do?

#6    You are told that the males in your unit are giving the only female a hard
      time about not keeping up with the men. Isn’t pulling her weight, statistics
      show she is not meeting your standards. You’re a male. Sexual
      harassment? Work performance issue?

Frequently Asked Question

What does the IG do when we are sent a case of alleged sexual harassment?
(assume criteria met)
   • You get the complaint – aggregious – Request in writing.
   • You have 2 days to get it to the IG’s office.
   • I have 5 days to respond to complainant of the actions we intend to take.
   • Those actions must take place within 10 days.

FAQs
  • We ensure complaint is in writing and signed.
  • Victim is interviewed and a written summary is created of complaint and
     interview and complainant signs everything as accurate.
  • We have 2 days to get summary to respondent (Harasser) and give them up
     to 5 days to respond (verbal or in writing) which I again reduce to a written
     summary and respondent signs everything as accurate.
  • New addition to policy:
     Once respondent has copy of final complaint, I can inquire of the complainant
     if there is a resolution to the situation that would be reasonable to both
     parties. MEDIATE – Matter is closed.
  • If NO Resolution – Full Investigation.
  • Complainant is informed by usually starting with the supervisors.
  • Documentation
  • Going to be looking for any corroboration of the actions of the accused or in
     support of their innocence.

                                                                           Page 126
•   Looking at documentation, witnesses, personnel, files, work history and
    outside witnesses.
•   Entire investigation reduced to an Investigative Summary including finding of
    facts and conclusion of Sustained, Not Sustained, Unfounded or
    Exonerated.
•   Summary goes to Director, Deputy Commissioner, Assistant Commissioner
    and Elaine Cooper. They determine discipline not OIG. Based on many
    factors
•   Complainant is notified of case findings.
•   Everything is not sexual harassment or discrimination. In many cases it is
    Conduct Unbecoming a Public Employee. Single incident only.




                                                                         Page 127
              Appendix G
    Sample Americans With Disabilities
           Presentation Outline
Given at Department Supervisory Standards
                Training




                                     Page 128
          Sample Americans with Disabilities Act Presentation Outline
             Given at Department Supervisory Standards Training

AMERICANS WITH DISABILITIES ACT (ADA)
     Nancy Neely
     (850) 921-6262; Suncom 291-6262
     neelyn@doacs.state.fl.us

FACTS:
     •    Approximately 54 million Americans
             o $200 Billion/Year - Public Assistance
             o $100 Billion/Year - Lost Wages & Taxes
      •   Florida has an estimated 2.6 million people with disabilities.
             o 870, 000 - working age
             o 562,000 - unemployed (64.6%)
             o 178,000 - severely disabled (20.5%)
             o 130,000 - employed (14.9%)

OBJECTIVES:
  • To understand the meaning and intent of the law
     • To identify areas within your work environment affected by the ADA
     • To learn techniques to comply with the ADA law

AMERICANS WITH DISABILITIES ACT (ADA)
  • TITLE I - Employment

EMPLOYMENT PRACTICES COVERED BY ADA:
  • Recruitment
  • Hiring
  • Promotion
  • Training
  • Lay-off
  • Pay
  • Firing
  • Job Assignments
  • Leave
  • Benefits
  • All Other Employment Related Activities

AMERICANS    WITH DISABILITIES ACT (ADA)
  • TITLE    I - Employment
  • TITLE    II - Public Services
  • TITLE    III - Public Accommodations
  • TITLE    IV - Telecommunications
  • TITLE    V - Miscellaneous


                                                                           Page 129
WHO IS COVERED?
  • A person who has a physical or mental impairment that substantially
     limits a major life activity
  • A person who has a record of a substantially limiting impairment
  • A person who is regarded as having a substantially limiting impairment

ADA IS NOT A PREFERENCE TYPE LAW

ESSENTIAL / MARGINAL JOB DUTIES

REASONABLE ACCOMMODATIONS:
  • Undue hardship
  • Substantially change the duties of the position

MEDICAL INFORMATION:
  • Performance Reviews
  • Workers’ Compensation

ACTIONS CONSTITUTING DISCRIMINATION:
  • Asking illegal interview questions
  • Limiting, segregating, or classifying a job applicant or employee
  • Denying employment opportunities to a qualified individual because he/she
     has a relationship or association with a person with a disability

ACTIONS CONSTITUTING DISCRIMINATION:
  • Refusing to make a reasonable accommodation
  • Using qualifications, standards, employment tests, or other selection criteria
     that screen out an individual with a disability unless they are job-related and
     necessary for the business

ACTIONS CONSTITUTING DISCRIMINATION:
  • Participating in a contractual agreement or other arrangement or relationship
     that subjects an employee/applicant to discrimination
        o Training
        o Facilities
        o Insurance Benefits
        o Department Parties

ACTIONS CONSTITUTING DISCRIMINATION:
  • Failing to use employment tests in the most effective manner to measure
     actual abilities

AMERICANS WITH DISABILITIES ACT (ADA)
Nancy Neely
(850) 921-6262; Suncom 291-6262
neelyn@doacs.state.fl.us

                                                                            Page 130
             Appendix H
        Sample Disciplinary Actions
           Presentation Outline
Given at Department Supervisory Standards
                Training




                                     Page 131
               Sample Disciplinary Actions Presentation Outline
             Given at Department Supervisory Standards Training

DISCIPLINARY ACTIONS
Wanda Watson
Bureau of Personnel Management
(850) 921-6257 or Suncom 291-6257

What   standard of conduct is violated when an employee:
  •     Lies
  •     Abandons his/her job
  •     Is excessively absent
  •     Does not follow procedures
  •     Uses profanity

Can more than one standard of conduct be violated in a single incident?
   • Yes

How long does a supervisor have to initiate an action?
  • 60 days

What   types of action can be taken?
  •     Verbal counseling
  •     Memorandum of Supervision-74
  •     Written Reprimand-81
  •     Suspension-25
  •     Demotion-2
  •     Dismissal-27

Examples of Disciplinary Actions
   • Handout
Are disciplinary forms on the intranet?
   • Yes
   • And No

Whose approval is required prior to giving an employee a Memorandum of
Supervision?
   • Division Director

List the four groups of employees that can be disciplined without showing cause.
    • SMS
    • SES
    • Probationary Career Service
    • OPS



                                                                           Page 132
When a Career Service employee is on probation, is the supervisor required to give
lesser discipline prior to terminating?
   • No

If a Career Service employee with permanent status appeals an action to PERC or
grieves through the union, will the supervisor be involved?
    • Yes

GROUP DISCUSSION
  • Scenarios on yellow handouts

DISCIPLINARY ACTIONS
Wanda Watson
Bureau of Personnel Management
(850) 921-6257 or Suncom 291-6257




                                                                          Page 133
            Appendix I
List of Rules, Policies, and Procedures
      Given at Employee Sign-up




                                      Page 134
                       List of Rules, Policies, and Procedures Given at Employee Sign-up

                              Florida Department of Agriculture and Consumer Services

                                         Bureau of Personnel Management
CHARLES H. BRONSON
   COMMISSIONER
                           RULES, POLICIES AND PROCEDURES ACKNOWLEDGMENT

                            TRANSFER EMPLOYEE                     CAREER SERVICE EMPLOYEE

                                      SES/SMS EMPLOYEE

             I hereby acknowledge that I have received a copy of the Department of Agriculture and
             Consumer Services' Administrative Policies and Procedures (AP&P) and policy memorandum
             listed below. I understand it is my responsibility to read and comply with these rules, policies
             and procedures and to contact my supervisor, bureau chief, assistant division director, division
             director, or the Bureau of Personnel Management if I have any questions.

             I also understand that this signed Acknowledgment of Receipt will be placed in my official
             personnel file.

                     Conflicts of Interest (AP&P 1-1)

                     Florida Clean Indoor Air Act (AP&P 1-4)

                     Internet and Electronic Mail Usage Policy (AP&P 2-7)

                     Use of State-Owned or State-Leased Motor Vehicles (AP&P 4-25)

                     Disciplinary Policy and Employee Standards of Conduct (AP&P
                     5-3)

                     Drug-Free Workplace Policy and Drug Testing Procedures (AP&P
                     5-4)

                     Dual Employment, Compensation and Other Activities (AP&P 5-5)

                     Discrimination and Sexual Harassment (AP&P 5-21)

                     Workplace Violence (AP&P 5-22)

                     Department Information Resource Security Program and Policies
                     (AP&P 8-1 - 8-11)

                     Mandatory Use of Seat Belts/Safe Operation of Vehicles Policy
                     Memorandum
                     (F. A. C. 13B-3.12)
                                                                                                      Page 135
_____________________________________           _______________________
Employee Signature                       Date

______________________________________         _______________________
Print Employee Name                      Division

______________________________________
Employee I.D. Number
DACS-01137   Rev. 09/06




                                                                Page 136
          Appendix J
Discrimination and Sexual Harassment
              AP&P 5-21




                                  Page 137
I.     TITLE:       Discrimination and Sexual Harassment AP&P 5-21

II.    AUTHORITY AND REFERENCES

       A.    Chapters 20, 110, 570, and 760, Florida Statutes (F.S.)

       B.    Chapter 60L-36, Florida Administrative Code (F.A.C.)

III.   STATEMENT OF POLICY

       It is the policy of the Department of Agriculture and Consumer Services
       (Department) that no employee discriminate against or engage in sexual
       harassment of any applicant, employee, or any person or entity regulated by
       or doing business with the Department.

       It is the policy of the Department that any applicant, employee, or any
       person or entity regulated by or doing business with the Department be
       allowed to work and transact business in an environment that is free from
       any form of discrimination. Sexual harassment is a form of sex
       discrimination under Title VII of the 1964 Civil Rights Act, a willful violation of
       Section 110.233, Florida Statutes, and is conduct unbecoming a State
       employee as provided in Section 110.227, Florida Statutes, and could be an
       unlawful employment practice under Section 760.10, Florida Statutes.

IV.    SCOPE AND PURPOSE

       To establish a policy that provides for a review process for alleged
       discrimination and/or sexual harassment.

DEFINITIONS

       A.    Complainant - The individual(s) who has (have) filed a discrimination
             or sexual harassment complaint with the Department.

       B.    Department - The Department of Agriculture and Consumer Services.

       C.    Discrimination - The difference of treatment of a job applicant,
             employee of the Department, or person(s) or entity(ies) regulated by
             or doing business with the Department, during the course of business
             because of his/her age, race, color, sex, religion, creed, national
             origin, political opinions or affiliations, marital status or handicap.

       D.    Employee - An individual employed by the Department of Agriculture
             and Consumer Services in the Senior Management Service, Selected
             Exempt Service, Career Service, or Other Personal Services category.
             For purposes of this policy, "employee" shall also include volunteers

                                                                                 Page 138
           working with the Department of Agriculture and Consumer Services.

      E.   Respondent - The individual(s) identified by a Complainant as having
           committed an alleged act of discrimination or sexual harassment.

      F.   Sexual Harassment - Unwelcome sexual advances, requests for sexual
           favors, or other verbal or physical conduct of a sexual nature from any
           person directed towards or in the presence of an employee or
           applicant when:

           (1)   Submission to such conduct is either explicitly or implicitly a
                 term or condition of an individual's employment;

           (2)   Submission to or rejection of such conduct by an individual is
                 used as the basis for employment decisions affecting such
                 individual;

           (3)   Such conduct has the purpose or effect of unreasonably
                 interfering with an individual's work performance or creating an
                 intimidating, hostile or offensive working environment; or

           (4)   Submission to or rejection of such conduct by an individual is
                 used as the basis for decisions affecting person(s) or entity(ies)
                 regulated by the Department.

      G.   Investigator=s Written Summary - A sworn statement by a
           Complainant, Respondent, or witness taken by a Department
           investigator.

VI.   PROCEDURE

      A.   Notice to Employees

           Each employee of the Department shall be furnished with a copy of
           this policy and shall sign an Acknowledgment of Receipt form, DACS-
           01287. This form shall be placed in the employee's permanent
           personnel file. If the employee refuses to sign an Acknowledgment of
           Receipt form, the immediate supervisor or, when appropriate, the
           Chief of Personnel Management or Designee shall so note on the
           acknowledgment form and record the time and date of such refusal,
           and place the form in the employee's permanent personnel file.

           1.    Each employee shall be given a reasonable opportunity to
                 discuss this policy and the issues of discrimination and sexual
                 harassment with his/her immediate supervisor, Bureau Chief,
                 Assistant Division Director, Division Director, Chief of Personnel

                                                                            Page 139
           Management or Designee, or the Department's Inspector
           General.

           The Department shall take reasonable measures to inform
           employees of any changes in the provisions of this policy.
           Current copies of this policy may be obtained from the Bureau
           of Personnel Management or from the Department=s Intranet.

B.   Complaint Filing With Other Agencies

     1.    The filing of a complaint with the Department, whether the
           complaint is dismissed or not, does not preclude a protected
           Complainant from also filing a complaint with the Florida
           Commission on Human Relations (hereinafter "Commission") or
           the U.S. Equal Employment Opportunity Commission.

     2.    Section 760.11(1), Florida Statutes, provides that any complaint
           involving discrimination or sexual harassment may be filed with
           the Commission within 365 days of the occurrence of the
           violation. Any person filing a complaint with the Department
           and protected by Section 760.11(1), Florida Statutes, is
           encouraged to file with the Commission at the same time in
           order not to be barred from the right to file a complaint with the
           Commission.

     3.    Failure to file a complaint with the Department within 365 days
           of the occurrence of the violation will not waive the
           Complainant's right to timely file with the Commission or the
           U.S. Equal Employment Opportunity Commission.

     4.    If the Complainant should file a complaint with the Commission,
           the Department will provide the Commission with all
           documentation concerning the complaint and cooperate with the
           Commission in its investigation.

C.   Discrimination and Sexual Harassment Complaint Filing

     1.    Any applicant for a position, any employee, or any person or
           entity regulated by or doing business with the Department
           claiming to be aggrieved by discrimination or sexual
           harassment, as defined in this policy, may file a complaint with
           his/her supervisor, the Department=s Inspector General, or the
           Chief of Personnel Management or Designee.

     2.    Complaints filed with the Commission or the U.S. Equal
           Employment Opportunity Commission and referred to the

                                                                    Page 140
           Department for investigation will be received and processed
           according to this policy.

     3.    If an employee is in a position covered by a collective bargaining
           agreement, which provides for an alternative procedure for
           making a complaint covered by this policy, the employee may
           use the alternative procedure in lieu of, but not in addition to,
           the procedure provided by this policy.

     4.    An employee has 365 days from the date of the occurrence of
           the violation to file a complaint; however, an employee is
           encouraged to file his/her complaint as soon as possible.

D.   Requirements For a Written Complaint

     1.    A written complaint (to include those which originate as oral
           complaints) regarding discrimination or sexual harassment
           should be signed by the Complainant and contain the following
           information as required in Section 60L-36.004, F.A.C. (see
           attached):

           a.    The name, business address, and telephone number of
                 the person filing the complaint.

           b.    The name(s) of the person(s) who allegedly committed
                 the act of discrimination or sexual harassment, and the
                 alleged victim.

           c.    A clear, concise statement of the facts, including pertinent
                 dates, locations, witnesses and other evidence in support
                 of the complaint.

     2.    If the complaint does not contain all of the required information,
           the Inspector General=s Office shall, in writing, request the
           Complainant to furnish it. A complaint may be amended by the
           Complainant to correct technical defects, omissions, or to clarify
           or amplify allegations made therein. An amendment may be
           filed at any time before the investigation is completed.

     3.    A complaint may be withdrawn by the Complainant at any time.
           However, a copy of the complaint will be retained by the
           Department=s Inspector General with a notation that the
           complaint has been withdrawn.

E.   Discrimination and Sexual Harassment Complaint Procedures


                                                                    Page 141
1.   A complaint is made orally or in writing to the supervisor or the
     Chief of Personnel Management or Designee. The supervisor or
     the Chief of Personnel Management or Designee shall then send
     a written memorandum documenting the oral complaint, or
     forwarding the written complaint, to the Department=s
     Inspector General within two workdays of receipt of the oral or
     written complaint. A complaint may be made orally or in writing
     directly to the Office of Inspector General by the Complainant.

2.   Within five workdays of receipt by the Department=s Inspector
     General of a complaint involving discrimination or sexual
     harassment, the Department=s Inspector General shall:

     a.    Appoint an investigator to inquire into the complaint. In
           no case shall the investigator be an employee from the
           same division or other work unit directly involved in the
           complaint.

     b.    Send to the Complainant a written acknowledgment of
           receipt of the complaint. The written acknowledgment
           shall:

           (1)    Notify the Complainant of the name of the assigned
                  investigator.

           (2)    Advise the Complainant that the complaint will be
                  acted on according to the procedures set forth in
                  this policy.

           (3)    Advise the Complainant that he/she will be
                  contacted by the assigned investigator within ten
                  workdays.

           (4)    Request the Complainant to furnish a signed
                  written complaint fulfilling the requirements in
                  Section D if the complaint originated orally or as an
                  incomplete written complaint.

3.   Within ten workdays after the complaint is assigned to an
     investigator, the investigator shall:

     a.    Contact the Complainant in person or by telephone to
           advise the Complainant of the procedures outlined in
           Department policy.

     b.    Request the Complainant to furnish a signed written

                                                              Page 142
                 complaint fulfilling the requirements in Section D as
                 requested in the written acknowledgment if the complaint
                 originated orally or as an incomplete written complaint. If
                 the Complainant refuses to or does not submit a signed
                 written complaint, the investigation shall be closed at that
                 time.

     4.    Upon receipt of a signed written complaint, the investigator shall
           interview the Complainant in person or by telephone to obtain
           any additional information that may be needed to clarify the
           complaint.

     5.    The investigator shall prepare a written summary of the
           complaint and obtain the Complainant's signature verifying that
           the investigator=s written summary accurately represents the
           information provided by the Complainant.

     6.    Upon signature by the Complainant, the investigator's written
           summary, along with the initial complaint filed by the
           Complainant, shall become the final complaint.

F.   Complaint Disposition

     1.    Within two workdays from the date the Complainant signs the
           investigator=s written summary, the Respondent shall be
           furnished with a copy of the final complaint. The Respondent
           shall then be given the opportunity to respond to the complaint.
           All provisions of the Law Enforcement Officers= and Firefighters=
           Bill of Rights shall be adhered to in accordance with Sections
           112.532 and 112.82, Florida Statutes, respectively. Such a
           response shall be made to the investigator either orally or in
           writing within five workdays of receipt by the Respondent of the
           final complaint. If the response is made orally, the investigator
           shall immediately record it in written form, which shall be
           reviewed and signed by the Respondent to verify its accuracy.
           If no response is submitted by the Respondent, either orally or
           in writing, then the Respondent will be considered to be in
           agreement with the summary as written.

     2.    Prior to proceeding further with the investigation, the
           investigator shall furnish the respondent with a copy of the final
           complaint. At this point, the investigator may inquire of the
           Complainant and the Respondent as to a mutual resolution of
           the complaint; if one is agreed upon, the proposed solution shall
           be forwarded to the Inspector General for approval. Upon such
           approval, the matter shall be closed. If the parties do not agree

                                                                    Page 143
                  on an acceptable resolution or if the Inspector General does not
                  approve the proposed solution, the complaint shall be further
                  investigated by the investigator and resolved as provided in
                  Administrative Policies and Procedures No. 5-21.

            3.    Upon receipt of the response from the Respondent, the
                  investigation shall proceed and include, but not be limited to,
                  investigating all allegations by the Complainant and
                  Respondent; interviewing any witnesses, including co-workers
                  and supervisors; taking statements from witnesses and other
                  persons who may be able to provide valid and relevant
                  information concerning the complaint, if the investigator deems
                  such to be necessary; and providing to the Commissioner of
                  Agriculture or Designee an investigative summary report
                  containing the findings of the investigation.

            4.    Following receipt of the investigator's summary report, the
                  Commissioner of Agriculture or Designee shall issue a written
                  decision dismissing the complaint or taking corrective action.
                  The Department may also pursue appropriate disciplinary
                  action.

            5.    The Office of Inspector General shall notify the Complainant and
                  the Respondent of the findings of the investigation. The Bureau
                  of Personnel Management will notify appropriate parties
                  regarding any disciplinary action taken by the Department.

VII.   DISCIPLINARY ACTION

       A.   Any employee who has been determined to have discriminated against
            or sexually harassed any applicant, employee, or any person or entity
            regulated by or doing business with the Department shall be subject to
            disciplinary action up to and including dismissal.

       B.   Any employee who knowingly files a false complaint of discrimination
            or sexual harassment against any applicant, employee, or any person
            or entity regulated by or doing business with the Department or any
            employee who provides false information regarding such a complaint
            shall be subject to disciplinary action up to and including dismissal.

       C.   Any employee in a supervisory capacity who has knowledge or should
            reasonably be expected to have knowledge of discrimination or sexual
            harassment involving employees he/she supervises and does not
            report the matter directly to the Department=s Inspector General, or
            the Chief of Personnel Management or Designee, shall be subject to
            disciplinary action up to and including dismissal.

                                                                           Page 144
      D.    Any employee in a supervisory or managerial capacity who has
            knowledge of any discrimination or sexual harassment or any
            complaint of discrimination or sexual harassment involving another
            supervisor or individuals not under his/her supervision and does not
            report the matter directly to the Department=s Inspector General, or
            the Chief of Personnel Management or Designee, shall be subject to
            disciplinary action up to and including dismissal.

      E.    If it is determined that disciplinary action is warranted, the procedures
            established pursuant to Chapter 60L-36, Florida Administrative Code,
            for taking disciplinary actions against employees shall be followed.

VIII. PROHIBITION AGAINST RETALIATION

      Retaliation against any person who has in good faith filed a complaint,
      opposed a complaint, or participated in any manner in an investigation or
      proceeding, involving allegations of discrimination or sexual harassment is
      prohibited. An employee found to be engaging in such retaliation shall be
      subject to disciplinary action up to and including dismissal.

IX.   EMPLOYEE LIABILITY UNDER FLORIDA LAW

      An employee who is found to have knowingly filed a false discrimination or
      sexual harassment complaint will be subject not only to disciplinary action by
      the Department but the employee may also be held personally liable for
      his/her misconduct through civil suit by the injured employee and may also
      be criminally prosecuted under Section 837.06, Florida Statutes.




                                                                             Page 145
              Appendix K
Disciplinary Policy and Employee Standards of
              Conduct AP&P 5-3




                                       Page 146
I.     TITLE:       Disciplinary Policy and Employee Standards of Conduct

II.    AUTHORITY AND REFERENCES

       A.    Section 110.227, Florida Statutes (F.S.)
       B.    Chapter 60L-36, Florida Administrative Code (F.A.C.)
       C.    Chapter 112, F.S.

III.   STATEMENT OF POLICY

       A.    Employees= violations of conduct standards and performance
             expectations are unacceptable.

       B.    Supervisors are responsible for recognizing violations and for
             recommending appropriate action. Before taking corrective action against
             permanent Career Service employees, the Department of Agriculture and
             Consumer Services (Department) shall have evidence that the employee
             failed to comply with a conduct standard or performance expectation.

       C.    Supervisors will make a good faith effort to initiate counseling or
             disciplinary action within sixty (60) days of actual knowledge of the event
             giving rise to the action.

       D.    Employees outside the permanent Career Service may be disciplined up
             to and including dismissal at will.

       E.    The Department will ensure compliance with Sections 112.532 and
             112.533, F.S., Law Enforcement Officers= Rights, and ensure compliance
             with Section 112.82, F.S., Firefighters= Bill of Rights, when disciplining
             law enforcement employees and firefighters.

IV.    SCOPE AND PURPOSE

       To provide a uniform guide for handling violations of conduct standards and
       performance expectations.



SECTIONS V. - IX. APPLY TO PERMANENT CAREER SERVICE EMPLOYEES

V.     STANDARDS OF CONDUCT

       Permanent Career Service employees may be suspended or dismissed only for
       cause. Chapter 60L-36, F.A.C., sets forth the minimal standards of conduct that
       apply to all permanent Career Service employees, a violation of which may result
                                                                                 Page 147
in discipline up to and including dismissal. Listed below are causes with
minimal standards for each.

.     Poor Performance. Employees shall strive to perform at the highest level
      of efficiency and effectiveness; they shall do more than Ajust get by@.

      1.     Employees are expected to be reliable and dependable, for
             example: to show up for work, ready to work, on a reliable basis; to
             observe established work hours and scheduled appointments; to
             complete work on time; and to obtain permission before being off
             work and to schedule leave in a manner that minimizes work
             disruption.

      2.     Employees are expected to be effective, for example: to organize
             their work; to stay focused on job-related activities during work
             hours; to provide the level of effort necessary to get the job done; to
             demonstrate willingness and ability to make decisions and exercise
             sound judgment; to produce work that consistently meets or
             exceeds expectations; to accept responsibility for their actions and
             decisions; to adapt to changes in work assignments, procedures,
             and technology; and to be committed to improving individual
             performance.

B.    Negligence. Employees shall exercise due care and reasonable diligence
      in the performance of job duties.

C.    Inefficiency or Inability to Perform Assigned Duties. Employees shall, at a
      minimum, be able to perform duties in a competent and adequate manner.

D.    Insubordination. Employees shall follow lawful orders and carry out the
      directives of persons with duly delegated authority. Employees shall
      resolve any differences with management in a constructive manner.

E.    Violation of Law or Agency Rules. Employees shall abide by the law and
      applicable rules and policies and procedures, including those of the
      employing agency and the rules of the State Personnel System. All
      employees are subject to Part III of Chapter 112, F.S., governing
      standards of conduct, which agencies shall make available to employees.
      An agency may determine that an employee has violated the law even if
      the violation has not resulted in arrest or conviction. Employees shall
      abide by both the criminal law, for example, drug laws, and the civil law,
      for example, laws prohibiting sexual harassment and employment
      discrimination.


                                                                          Page 148
      F.   Conduct Unbecoming a Public Employee. Employees shall conduct
           themselves, on and off the job, in a manner that will not bring discredit or
           embarrassment to the State.

           1.     Employees shall be courteous, considerate, respectful, and prompt
                  in dealing with and serving the public and co-workers.

           2.     Employees shall maintain high standards of honesty, integrity, and
                  impartiality. Employees shall place the interests of the public
                  ahead of personal interests. Employees shall not use, or attempt to
                  use, their official position for personal gain or confidential
                  information for personal advantage.

           3.     Employees shall protect state property from loss or abuse, and they
                  shall use state property, equipment and personnel only in a manner
                  beneficial to the agency.

      G.   Misconduct. Employees shall refrain from conduct which, though not
           illegal or inappropriate for a state employee generally, is inappropriate for
           a person in the employee=s particular position. For example, cowardice
           may be dishonorable in people generally, but it may be entirely
           unacceptable in law enforcement officers. By way of further example,
           people are generally free to relate with others, but it may be entirely
           unacceptable for certain employees to enter into certain relationships with
           others, such as correctional officers with inmates.

      H.   Habitual Drug Use. Agencies shall not tolerate violations of Florida=s
           Drug Free Workplace Act, Section 112.0455, F.S., or other misuse of
           mood- or mind -altering substances, including alcohol and prescription
           medications.

      I.   Conviction of Any Crime, including a plea of nolo contendere and a plea of
           guilty with adjudication withheld.

VI.   DELEGATION OF AUTHORITY

      A.   Division Directors have the delegated authority to approve Memorandums
           of Supervision.

      B.   The Chief of Personnel Management has the delegated authority to
           approve Written Reprimands.

      C.   The Assistant Commissioner of Agriculture has the delegated authority to
           approve reductions in pay, demotions, suspensions and dismissals.

                                                                               Page 149
VII.    GRIEVANCE AND APPEAL RIGHTS

        A.   Written reprimands may be grieved through the Career Service Grievance
             Procedure or applicable union.

        B.   Reductions in pay, demotions, suspensions and dismissals may be
             appealed to the Public Employees Relations Commission or through the
             applicable union.

VIII.   PROCEDURES FOR APPROVING COUNSELING AND DISCIPLINARY
        ACTIONS

        A.   Counseling (Memorandums of Supervision)

             1.    It is the supervisor=s responsibility to counsel with employees
                   regarding expected conduct and performance. Minor violations that
                   do not warrant disciplinary action should be documented on the
                   Memorandum of Supervision form, DACS-01200 (see Attachment
                   1).

             2.    Supervisors should draft the proposed action on the appropriate
                   form and submit it through the chain-of-command for approval by
                   the Division Director. After the action has been approved, the
                   supervisor should then deliver and discuss the action with the
                   employee. If the employee refuses to sign the form, the supervisor
                   will so indicate on the form and date. The supervisor will
                   immediately send a copy of the signed action to the Division
                   Director or designee who will forward a copy to the Bureau of
                   Personnel Management for placement in the employee=s official
                   personnel file.

        B.   Written Reprimands

             1.    Supervisors should initiate Written Reprimand forms, DACS-01202
                   (see Attachment 2), for employees= violations of conduct standards
                   or performance expectations.

             2.    Supervisors should draft the proposed action on the appropriate
                   form and submit it through the chain-of-command for review by the
                   Division Director. If recommended, the Division Director will forward
                   the draft action to the Chief of Personnel Management. After the
                   action has been approved, the supervisor should then deliver and
                   discuss the action with the employee. If the employee refuses to
                   sign the form, the supervisor will so indicate on the form and date.
                                                                               Page 150
                    The supervisor will immediately send a copy of the signed action to
                    the Division Director or designee who will forward a copy to the
                    Bureau of Personnel Management for placement in the
                    employee=s official personnel file.

      C.     Reduction in Pay, Disciplinary Demotion, Suspension and Dismissal

             1.     Supervisors have the responsibility to recommend reduction in pay,
                    disciplinary demotion, suspension and dismissal actions for serious
                    violations of conduct standards or performance expectations by
                    employees.

             2.     Supervisors should draft the proposed action in letter format to the
                    employee from the Chief of Personnel Management and submit it
                    through the chain-of-command for approval by the Division
                    Director. After the action has been approved, the Division Director
                    will forward the proposed action to the Chief of Personnel
                    Management. If approved, the Chief of Personnel Management will
                    forward the proposed action through the Legal Office. If approved,
                    the Chief of Personnel Management will forward the proposed
                    action to the Assistant Commissioner of Agriculture. If approved,
                    the Chief of Personnel Management will prepare a letter of
                    recommended action to the employee. The letter will be either
                    hand delivered to the employee or mailed via certified mail-return
                    receipt requested.

             3.     The letter of recommended action will advise the employee of a
                    meeting date and time within ten (10) days after the recommended
                    letter is received in order to afford the employee an opportunity to
                    rebut the action.

             4.     If the agency proceeds with final action, the employee will receive a
                    letter of final action from the Chief of Personnel Management either
                    hand delivered or mailed certified-mail return receipt requested.
                    The letter will outline the employee=s right to appeal the action to
                    the Public Employees Relations Commission or through an
                    applicable union.

IX.   SUSPENSIONS AND DISMISSALS IN EXTRAORDINARY SITUATIONS

      When the retention of a permanent Career Service employee would result in
      damage to state property, would be detrimental to the best interest of the State,
      or would result in injury to the employee, a fellow employee, or some other
      person, such employee may be suspended or dismissed without 10 days= prior
      notice, provided that written or oral notice of such action, evidence of the reasons
                                                                                 Page 151
      therefore, and an opportunity to rebut the charges are furnished to the employee
      prior to such dismissal or suspension.

X.    PROBATIONARY DISMISSAL (CAREER SERVICE)

      A.    Supervisors have a responsibility to monitor the performance and conduct
            of Career Service employees during the probationary period. If at any
            time during the probationary period a supervisor believes the employee
            will not be successful in that job, the supervisor may recommend
            probationary dismissal to his/her Division Director.

      B.    Division Directors will recommend the action in memorandum format with
            justification to the Chief of Personnel Management. If recommended by
            the Chief of Personnel Management, the action will be forwarded to the
            Assistant Commissioner. If approved, the Chief of Personnel
            Management will prepare the dismissal letter to the employee, place a
            copy in the employee=s official personnel file and the letter will be
            delivered by the supervisor to the employee.

      C.    Probationary employees in the Career Service System have no grievance
            or appeal rights regarding a dismissal action.

XI.   COUNSELING/DISCIPLINARY ACTIONS FOR SELECTED EXEMPT SERVICE
      (SES) AND SENIOR MANAGEMENT SERVICE (SMS) EMPLOYEES

      A.    Division Directors have the authority to approve counseling actions.
            These actions will be in memorandum format to the employee with
            justification for the action. If approved, the supervisor will deliver and
            discuss with the employee. A copy will be forwarded to the Bureau of
            Personnel Management for placement in the employee=s official
            personnel file.

      B.    The Chief of Personnel Management has the authority to approve written
            reprimands. These actions will be in memorandum format to the
            employee with justification for the action. A copy will be forwarded to the
            Chief of Personnel Management by the Division Director for approval. If
            approved, the action will be delivered by the supervisor to the employee
            and a copy forwarded to the Bureau of Personnel Management for
            placement in the employee=s official personnel file.

      C.    For suspension, disciplinary demotion, reduction in pay and dismissal
            actions, Division Directors will recommend the action to the Chief of
            Personnel Management with justification for the action. If recommended
            by the Chief of Personnel Management, the action will be forwarded to the
            Assistant Commissioner. If approved, the Chief of Personnel
                                                                                  Page 152
     Management will prepare the disciplinary letter to the employee, place a
     copy in the employee=s personnel file and the letter will be delivered by
     the supervisor to the employee.

D.   Employees in SES and SMS have no grievance or appeal rights regarding
     counseling or disciplinary actions.




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        Appendix L

Section 503 Affirmative Action
     Program Documents




                                 Page 154
                    REVIEW OF PERSONNEL PRACTICES

The Department of Agriculture & Consumer Services (DACS) reviews its personnel
processes to determine whether its present procedures assure consideration of the
qualifications of known individuals with disabilities and special disabled veterans. This
review covers all procedures related to the filling of job vacancies either by hire or
promotion, as well as all training opportunities offered or available.

Based upon its review of personnel processes, the DACS will modify those processes
when necessary, and will include the development of new procedures in this Affirmative
Action Program. To date, no modifications have been necessary.



      REVIEW OF PHYSICAL AND MENTAL JOB QUALIFICATIONS

The physical and mental job qualifications of all jobs were reviewed during calendar
year 2006-2007 to ensure that, to the extent that such qualification requirements tend to
screen out qualified individuals with disabilities and special disabled veterans, they are
consistent with business necessity and the safe performance of the job.

No qualification requirements were identified which had such a screening effect. All job
qualification requirements were found to be job-related and consistent with business
necessity and safety.

DACS will continue to review physical and mental job qualifications for positions. We
will also conduct a qualifications review whenever changes occur in the way in which
work is accomplished, such that job duties are changed.



                       REASONABLE ACCOMMODATION

DACS commits to making a reasonable accommodation to the known physical and
mental limitations of individuals with disabilities and special disabled veterans, unless
such accommodation would impose an undue hardship on the conduct of its business
or impose a “direct threat” to the health and/or safety of the individual and/or others. In
determining the extent of our obligation, DACS will consider business necessity and
financial costs and expenses, among other factors.




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                PROCEDURES TO PREVENT HARASSMENT

Employees of and applicants to the DACS will not be subject to harassment,
intimidation, threats, coercion, or discrimination because they have engaged or may
engage in filing a complaint, assisting in a review, investigation, or hearing or have
otherwise sought to obtain their legal rights related to any federal, state, or local law
regarding EEO for individuals with disabilities or protected veterans. Any employers or
applicants who feel that they have been subject to harassment, intimidation, threats,
coercion, or discrimination because of their disability or status as a protected veteran
should contact the DACS Inspector General at (850) 245-1360 for assistance.



                INTERNAL AND EXTERNAL DISSEMINATION
                          OF EEO/AA POLICY

The EEO/AA Policy for the DACS can be found on our Internet and Intranet web site.



               INTERNAL AUDIT AND REPORTING SYSTEMS
The EEO/AA Officer information is located on Page 80 of the DACS EEO/AA Plan.



                  ESTABLISHMENT OF RESPONSIBILITIES
                       FOR AA IMPLEMENTATION

The responsibilities of the EEO/AA Officer are located on Page 80 of the DACS
EEO/AA Plan.



        RESPONSIBILITIES OF MANAGERS AND SUPERVISORS

The responsibilities of the managers and supervisors are located on pages 82 and 83 of
the DACS EEO/AA Plan.




               TRAINING TO ENSURE AA IMPLEMENTATION
                                                                                 Page 156
Training is provided to all supervisory personnel who are involved in the recruitment,
screening, hiring, promotion, disciplinary and related employment processes to ensure
that the commitments made in the DACS Affirmative Action Program are implemented.
Training sessions on EEO and ADA are conducted in the Department’s Supervisory
Standards Training (DSST) Program which is conducted three (3) times a year.




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