60L-33.005. Other Personal Services Employment

(1) Other personal services (“OPS”) employment is an employer/employee relationship used solely for the completion of short term or intermittent tasks. OPS employees:

(a) Do not fill established positions.

(b) Are not eligible for any paid leave, holiday or  personal holiday, retirement or any other employee benefit program unless provided by law.

(c) May be eligible for state group insurance subject to the provisions of Section 110.123, F.S.

(d) May participate in an agency’s recognition and rewards or telework program.

(e) May participate in the state’s deferred compensation program as provided in Section 112.215, F.S.

(f) May participate in the Employee Assistance Program (EAP).

(g) Shall participate in the State of Florida 401(a) FICA Alternative Plan (social security alternative plan), Workers Compensation and Reemployment Assistance (unemployment compensation) programs, unless otherwise exempted by law.

(2) Each agency that employs OPS employees shall:

(a) Maintain employee records which shall include the name, hire date, the type of OPS employment, and the number of hours worked during the fiscal year.

(b) By June 30 of each year, review and document that the continuation of each OPS employment is necessary to the mission of the agency. This review does not apply to the OPS categories specifically exempt in Section 110.131(2)(c), F.S.

(c) By August 15 of each year, prepare and submit to the Executive Office of the Governor and to the chairs of the legislative appropriations committees a report for the previous fiscal year which includes the total number of OPS employees employed during the period, the type of OPS employment, the total number of hours worked by each employee, and average rate of pay for each employee during the fiscal year.

Rulemaking Authority 110.1055 FS. Law Implemented 110.105, 110.131, 110.123, 110.1315, 110.171, 112.215, 440.02(15)(a), 443.091 FS. History–New 1-1-02, Amended 1-26-14.