To correct the inadvertent omission of the term “local” when the rule was last amended. The statute specifically mentions local office, so it should be included in Rule 60L-36.002, F.A.C. Also to update Rule 60L-36.005, F.A.C., changes to reflect ...

DEPARTMENT OF MANAGEMENT SERVICES
Personnel Management System

RULE NO.: RULE TITLE:
60L-36.002: Political Activities
60L-36.005: Disciplinary Standards
PURPOSE AND EFFECT: To correct the inadvertent omission of the term “local” when the rule was last amended. The statute specifically mentions local office, so it should be included in Rule 60L-36.002, F.A.C. Also to update Rule 60L-36.005, F.A.C., changes to reflect the deadline for appeal established in Section 110.227(5)(a), F.S., as well as changes from HB 887, which was signed by the Governor on June 10, 2008.
SUMMARY: Stipulating that career service employees may hold local public office if authorized by the agency head and approved by the Department; including an involuntary transfer of more than 50 miles by highway as one of the actions requiring employee notification; and referring to Section 110.227(5)(a), Florida Statutes to identify the number of days for appeal rights.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 110.1055, 110.201(1), 110.233(4)(a), 110.1055, 110.1221, 110.201(1), 110.227(2), 110.233, 110.403(1), 110.403(5), 110.605(1), 110.605(4) FS.
LAW IMPLEMENTED: 110.233(4)(a), 110.1221, 110.201, 110.227, 110.403, 110.605 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: February 20, 2012, 10:00 a.m. – 12:00 Noon
PLACE: The Betty Easley Conference Center, 4075 Esplanade Way, Room 152, Tallahassee, FL 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 days before the workshop/meeting by contacting: Ms. Kimberly L. Kemp, HR Consultant, 4050 Esplanade Way, Suite 235, Tallahassee, FL 32399-0950, [phone], [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ms. Kimberly L. Kemp, HR Consultant, 4050 Esplanade Way, Suite 235, Tallahassee, FL 32399-0950, [phone], [e-mail]\

THE FULL TEXT OF THE PROPOSED RULE IS:

60L-36.002 Political Activities.

(1) Section 110.233(4)(a) of the Florida Statutes, prohibits a career service employee from holding, or being a candidate for, public office while in the employment of the state or taking any active part in a political campaign while on duty or within the period of time during which the employee is expected to perform services for which he or she receives compensation from the state. However, a career service employee may be a candidate for or hold local public office when authorized by the agency head and approved by the Department as involving no interest which conflicts or activity which interferes with his or her state employment. The following procedures shall apply to requests for that authorization and approval.

(a) through (d) No change.

(2) through (6) No change.

Rulemaking Specific Authority 110.1055, 110.201(1), 110.233(4)(a) FS. Law Implemented 110.233(4)(a) FS. History–New 1-22-02, Amended 5-16-04,_________.

 

60L-36.005 Disciplinary Standards.

(1) through (4) No change.

(5) Agencies shall make known to permanent career service employees the procedures specified in Section 110.227, Florida Statutes. Section 110.227(5)(a), Florida Statutes, establishes procedures for suspension, reduction in pay, demotion, involuntary transfer of more than 50 miles by highway, or dismissal of permanent career service employees. An agency taking such action shall, in addition to furnishing notice of intent to take such action, furnish the employee with written notice of final action. The written notice of final action shall advise the employee of appeal rights under Section 110.227(5)(a), Florida Statutes, under any applicable collective bargaining agreements, and under any other applicable statutory provisions, such as Parts VI or VIII of Chapter 112, Florida Statutes. The fourteen-day deadline for appeal established in Section 110.227(5)(a), Florida Statutes, shall be measured from the date the employee receives the written notice of final action.

Rulemaking Specific Authority 110.1055, 110.1221, 110.201(1), 110.227(2), 110.233, 110.403(1), 110.403(5), 110.605(1), 110.605(4) FS. Law Implemented 110.1221, 110.201, 110.227, 110.403, 110.605 FS. History–New 1-22-02, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Sharon D. Larson, Division Director of Human Resource Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary John P. Miles
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 14, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 23, 2011