Chapter 2012-15, Laws of Florida, amends: * Section 110.131, F.S., relating to Other-personal-services (OPS) by deleting the 1040 limitation for hours of work in a 12-month period for certain positions and removing the requirement for requesting ...

 

DEPARTMENT OF MANAGEMENT SERVICES

Personnel Management System

RULE NOS.:       RULE TITLES:

60L-33.001       Scope

60L-33.002General Principles

60L-33.003Status Upon Appointment

60L-33.0031Reinstatement

60L-33.00311Appointments

60L-33.00312Demotion Appointments

60L-33.00313Original Appointments

60L-33.00314Promotion Appointments

60L-33.00315Reassignment Appointments.

60L-33.00316Lateral Action Appointments.

60L-33.00317Reinstatement Appointments.

60L-33.0032Shared Employment

60L-33.0033Appointment of Veterans

60L-33.004Layoff and Employee Transition

60L-33.005Other Personal Services Employment

60L-33.0065Separations.

PURPOSE AND EFFECT: Chapter 2012-15, Laws of Florida, amends:

* Section 110.131, F.S., relating to Other-personal-services (OPS) by deleting the 1040 limitation for hours of work in a 12-month period for certain positions and removing the requirement for requesting extensions from the Executive Office of the Governor for hours worked beyond the 1040 limitation. The new language requires that agencies perform an annual review to assess and document the necessity for continuation of each OPS employment categorized as temporary, based on agency need and to report annually to the Executive Office of the Governor and the chairs of the legislative appropriations committees the total number of OPS employees, type of employment, average pay, and total number of hours worked for each OPS employee in the previous year.

* Section 110.217, F.S., relating to appointment actions and status by introducing the term “lateral action” as a new appointment type.

SUMMARY: Rule Chapter 60L-33, F.A.C., needs to be amended to comport with the new language in Sections 110.131 and 110.217, F.S. Additionally, non-substantive language clean-up is proposed throughout the rule to memorialize current practices and to provide clarity for agencies in the application of the rule.

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: 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 $1 million dollars in the aggregate within 5 years after the implementation of the rule. For these reasons, a SERC has not been prepared by the agency and legislative ratification is not required.

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, 110.131(3), 110.201(1), 110.21(2), 110.217(1)(a), 110.217(5), 110.403(1), 110.503(2), 110.605(1) FS.

LAW IMPLEMENTED: 110.131, 110.201, 110.21, 110.213, 110.2135, 110.217, 110.227, 110.403, 110.503, 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: December 30, 2013, 1:30 p.m. − 3:30 p.m.

** IMPORTANT NOTE** THE HEARING REQUEST MUST BE RECEIVED BY 5:00PM DECEMBER 27, 2013 OR THE HEARING WILL NOT BE HELD.

PLACE: Department of Management Services, 4050 Esplanade Way, Room 101, Tallahassee, FL 32399-0950

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 hours before the workshop/meeting by contacting: Ms. Mailea Adams, 4050 Esplanade Way, Suite 235, Tallahassee, FL 32399-0950, Phone: [phone], Email: [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. Mailea Adams, 4050 Esplanade Way, Suite 235, Tallahassee, FL 32399-0950, Phone: [phone], Email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

60L-33.001 Scope.

Rulemaking Specific Authority 110.1055, 110.131(3), 110.201(1), 110.21(2), 110.217(1)(a), 110.217(5), 110.403(1), 110.503(2), 110.605(1) FS. Law Implemented 110.131, 110.201, 110.21, 110.213, 110.2135, 110.217, 110.227, 110.403, 110.503, 110.605 FS. History–New 1-1-02, Repealed ________.

 

60L-33.002 General Principles.

(1) Agencies shall fill established positions with one of the following types of appointments: original, promotion, demotion, or reassignment, lateral action, or reinstatement. All non-career appointments shall be original appointments.

(2) Any person appointed to a position must meet any licensure, certification or registration requirements established for the position, and any required knowledge, skills, abilities, and any other requirements the agency establishes for the position, unless the appointment is with trainee or temporary status in accordance with paragraph 60L-33.003 (3) (2)(b) or (c), F.A.C.

(3) Employees on military leave shall be treated as if they had been continuously employed for purposes of status, pay, and other benefits pursuant to the terms of the type of authorized leave they have been granted and in accordance with Title 38, United States Code, Chapter 43, the Uniformed Services Employment and Reemployment Rights Act (USERRA).

(4) The duties of a vacant position, or of a filled position when the incumbent is on an extended leave of absence, may be temporarily assigned to a current employee. An agency may make an acting appointment of a current state employee to fill a vacancy within the senior management service or the selected exempt service. During the temporary assignment of duties, the The employee shall remain in and retain the status and benefits of their current position continue to earn leave and receive benefits of the employee’s permanent position. In accordance with Chapter 60L-32, F.A.C., an The agency may grant a selected exempt service or senior management service the employee a temporary salary increase, or a career service employee the appropriate pay additive, while performing the duties of the other position during the acting appointment. Such temporary increases and additives shall be removed when the employee ceases to perform the temporarily assigned duties. If a career service employee who is temporarily assigned the duties of another position is subsequently appointed to fill the position, time spent performing the temporary duties shall count toward the completion of the probationary period only if the employee performed all the duties of the position.

(5) Every career service employee not permanent in a their current position shall serve at the pleasure of the agency head and shall be subject to any personnel action, including but not limited to suspension, dismissal, reduction in pay, demotion, lateral action or reassignment, at the discretion of the agency head. Except when taken with respect to a career service employee permanent in their current position, such personnel actions are exempt from the provisions of Section 110.227 and Chapter 120 of the Florida Statutes.

(6) Any employee appointed for less than full-time employment shall have the salary, leave credits and other benefits prorated based on the full-time equivalency (FTE) of the position. Health insurance benefits are not prorated if a position is .75 FTE or greater.

Rulemaking Specific Authority 110.1055, 110.131(3), 110.201(1), 110.2035(3)(d), 110.2035(7), 110.217(1)(a), 110.217(5), 110.227(2), 110.403(1), 110.503(2), 110.605(1) FS. Law Implemented 110.131, 110.201, 110.2035, 110.217, 110.227, 110.403, 110.503, 110.605 FS. History–New 1-22-02, Amended 4-3-03, ________.

 

60L-33.003 Status Upon Appointment.

(1) Exempt Status – indicates that an employee is exempt from the Career Service as provided in Section 110.205, F.S.

(a) Employees appointed to fill positions in the Selected Exempt Service, Senior Management Service, or Other Personal Services shall be given exempt status.

(b) Employees with exempt status shall serve at the pleasure of the agency head and shall be subject to personnel actions at the discretion of the agency head. Such personnel actions tantamount to suspension, dismissal, reduction in pay, demotion, or transfer are exempt from the provisions of Section 110.227 and Chapter 120, of the Florida Statutes.

An employee appointed to fill a position not in the career service shall be given exempt status. If the employee is appointed to perform the duties of another employee in a filled position, the employee shall also be given overlap status.

(2) Probationary Status - indicates that a career service employee is serving a required probationary period of at least one year. While in probationary status the employee serves at the pleasure of the agency head and has no notice or appeal rights pursuant to Section 110.227, and Chapter 120, of the Florida Statutes.

(a) The probationary period may be extended at the discretion of the agency head or designee if there is a documented business reason for the extension. Probationary periods may not be extended for:

1. Employees on military leave. Time spent on any form of military leave shall count toward completion of the probationary period, and an employee on military leave may attain permanent status in the position while on such leave.

2. Employees on leave pursuant to the Family and Medical Leave Act (FMLA). If the probationary period expires while on such leave, the employee shall obtain permanent status in the current position. However, if there are time-limited conditions, tests or any other requirements in place prior to beginning FMLA leave that the employee is required to fulfill in order to maintain employment, the employee’s probationary period may be extended to allow the employee an opportunity to fulfill those requirements.

(b) The duration of a probationary period may not exceed 18 months.

(c) The probationary period shall be the same for both part-time and full-time employment.

An employee appointed to fill a position in the career service shall be given status in accordance with the following:

(a) Overlap Status – An employee shall be given overlap status when appointed to perform the duties of another employee in a filled position. Time spent on overlap status shall count toward completion of a probationary period if, while on overlap status, the employee performed all of the duties of the position.

(b) Temporary Status – An employee shall be given temporary status when temporarily appointed to fill a vacant position. The appointment shall be for no more than 1040 hours during any twelve-month period, absent the Department’s approval of a written request for extension. Time spent on temporary status shall not count toward completion of a probationary period.

(3) (c) Trainee Status – An employee appointed to a position as a trainee shall be given trainee status in accordance with the trainee program developed by the agency. The program shall include an outline of the proposed pay schedule for the training period, including justification for the proposed schedule. An employee may not become permanent in a position while in trainee status. Upon successful completion of the trainee program, the employee may be appointed to a position in the same broadband level requiring the same licensure, certification or registration requirement and required knowledge, skills, and abilities. An agency may approve appointments with trainee status in the following programs: cooperative education program; vocational rehabilitation or blind services program; agency trainee program; or return to work program. Time spent on trainee status shall not count toward completion of a probationary period.

(d) Probationary or Permanent Status – An employee shall be given probationary status or permanent status in accordance with the following. -

1. Upon original appointment, promotion or demotion to a different broadband level, or any time an employee moves between agencies, an employee shall be given probationary status unless a demotion is to a position in which the employee has previously held permanent status in the agency or unless the legislature has designated that an employee shall be moved but shall not have status as a new employee.

2. An employee appointed on probationary status shall attain permanent status in the career service upon successful completion of the designated probationary period.

3. Time spent on military leave shall count toward completion of the employee’s probationary period, and an employee on military leave can attain permanent status while on such leave.

4. Part-time employees and employees filling shared employment positions shall attain permanent status in the same manner as full-time employees.

(4) Permanent Status - Permanent status indicates that a career service employee has successfully completed the required probationary period and has attained notice and appeal rights pursuant to Section 110.227, F.S., in the current position. Permanent status is attained on a position-only basis and must be attained for each appointment in accordance with the provisions of this rule chapter. Part-time employees and employees filling shared employment positions attain permanent status in their current positions in the same manner as full-time employees.

(5) In the case of a legislatively mandated transfer, an employee retains the status held in the position prior to the time of transfer unless the legislature directs otherwise.

Rulemaking Specific Authority 110.1055, 110.131(3), 110.201(1), 110.217(1)(a), (5), 110.403(1), 110.503(2), 110.605(1) FS. Law Implemented 110.131, 110.201, 110.213, 110.2135, 110.217, 110.403, 110.503, 110.605 FS. History–New 1-22-02, Amended 4-3-03, ___________.

 

60L-33.0031 Reinstatement

Rulemaking Specific Authority 110.1055, 110.201(1), 110.217(1), 110.217(5) FS. Law Implemented 110.201, 110.217 FS. History–New 1-1-02, Amended 4-3-03, Repealed _______.

 

60L-33.00311 Appointments.

(1) Appointments shall be made only to authorized positions that have been established in accordance with the provisions of Section 216.262, F.S.

(2) Appointments shall be made in accordance with the non-discrimination provisions of Section 110.105(2)(a), F.S., and other applicable federal or state non-discrimination laws.

(3) Agencies may appoint a current employee or an individual from outside the agency to a filled position for the purpose of:

(a) Training when the position’s incumbent will be exiting the position. The training period shall not exceed 1040 hours during any twelve-month period unless the Department has approved a written request for an extension of the training period.

(b) Performing the duties of an incumbent who is on an extended leave of absence for active military service, when the leave of absence is expected to be for a minimum of 1040 hours.

(4) Employees performing duties pursuant to (3)(a) and (b) shall be designated as overlapped in the State Personnel System’s human resource information system and shall receive the benefits, employee rights, appropriate appointment type and associated status of the position for which such employee is appointed to overlap. In addition, such employee may receive an increase in pay in accordance with Chapter 60L-32, F.A.C.

(5) An employee designated as overlapped with an employee on a leave of absence due to active military duty shall be returned to his or her former position or to a position with substantially similar duties and responsibilities as the former position upon the return of the employee from active military duty if such position is available.

(a) In such case, the employee shall resume the same status and the same rate of pay previously held in the former position, including any across-the-board pay increases that would have been granted under the former position during the assignment.

(b) A return to the former or comparable position and resumption of the former rate of pay shall not constitute a demotion action or reduction in pay for the purpose of Section 110.227, F.S.

Rulemaking Authority 110.1055, 110.201(1), 110.2035, 110.217(1), 110.403, 110.605(1) F.S. Law Implemented 110.105, 110.2035, 110.217, 110.403, 110.605, 216.262 F.S. History–New ___________.

 

60L-33.00312 Demotion Appointments.

(1) A career service employee shall be given a demotion appointment when the appointment is to a position in a broadband level having a lower maximum salary or to a position in a broadband level having the same or higher maximum salary but a lower level of responsibility.

(2) Upon a demotion appointment the employee shall be given probationary status. However, the demotion appointment shall be with permanent status if all of the following conditions are met:

(a) The demotion is in the employee’s current agency;

(b) The employee previously held permanent status in the position and the duties of such position have not substantially changed; and

(c) The position is assigned to the same occupation and broadband level of the position previously held by the employee.

Rulemaking Authority 110.1055, 110.201(1), 110.217(1), F.S. Law Implemented 110.105, 110.217, F.S. History–New _________.

 

60L-33.00313 Original Appointments.

(1) An employee shall be given an original appointment upon:

(a) Initial placement in an established career service position; or

(b) Placement with trainee status in the following programs: cooperative education program; vocational rehabilitation or blind services program; agency trainee program; or return to work program. Upon successful completion of a trainee program, the employee may be appointed to a position in the same occupation and broadband level requiring the same licensure, certification or registration requirement and required knowledge, skills, and abilities. Following the successful completion of a training program if the employee remains assigned to the position used for trainee purposes, the employee’s status shall be changed from trainee to probationary; or

(c) Placement in an established career service position from a selected exempt service or senior management service position; or

(d) Appointment to a selected exempt service or senior management service position.

(2) Upon an original appointment, a career service employee shall be given probationary status.

(3) Upon an original appointment, a selected exempt service or senior management service employee shall be given exempt status.

Rulemaking Authority 110.1055, 110.201(1), 110.217(1), 110.403(1), 110.605(1) F.S. Law Implemented 110.105, 110.201, 110.217, 110.403, 110.605 F.S. History–New __________.

 

60L-33.00314 Promotion Appointments.

(1) A career service employee shall be given a promotion appointment when the appointment is to a position in a broadband level having a higher maximum salary or to a position in a broadband level having the same or lower maximum salary but a higher level of responsibility.

(2) Upon a promotion appointment the employee shall be given probationary status.

Rulemaking Authority 110.1055, 110.201(1), 110.217(1), F.S. Law Implemented 110.105, 110.217, F.S. History–New __________.

 

60L-33.00315 Reassignment Appointments.

(1) A career service employee shall be given a reassignment appointment when the appointment is either:

(a) To a position in the same broadband level and same maximum salary but with different duties;

(b) To a position in the same broadband level and same maximum salary, regardless of the duties, but to a different agency; or

(c) To a position in a different broadband level having the same maximum salary.

(2) Upon a reassignment appointment, the employee shall be given probationary status. If the reassignment appointment is in conjunction with a legislatively mandated transfer of the position, the employee retains the status held in the position unless the legislature directs otherwise.

Rulemaking Authority 110.1055, 110.201(1), 110.217(1), F.S. Law Implemented 110.105, 110.217, F.S. History–New ________.

 

60L-33.00316 Lateral Action Appointments.

(1) A career service employee shall be given a lateral action appointment when the appointment is to another position in the same agency that is in the same occupation, same broadband level with the same maximum salary, and has substantially the same duties and responsibilities.

(2) Upon a lateral action appointment, the employee shall retain the status they held in their previous position. If probationary, time spent in the previous position shall count toward completion of the required probationary period for the new position.

Rulemaking Authority 110.1055, 110.201(1), 110.217(1), F.S. Law Implemented 110.105, 110.217, F.S. History–New ________.

 

60L-33.00317 Reinstatement Appointments.

(1) A career service employee who separates and is not on the payroll of any State Personnel System entity at any time during the interim period may, upon approval by the agency head or designee, be given a reinstatement appointment if the employee returns to the same position within the same agency within 31 calendar days from the effective date of the separation. Such employee shall be:

(a) Appointed with the same employment status, pay, and benefits held by the employee at the time of separation from the agency.

(b) Treated as if they have been continuously employed. However, the employee shall be placed on leave without pay for any portion of the interim period.

(2) A selected exempt service or senior management service employee may be reinstated as provided in (1), but shall be given an original appointment.

Rulemaking Authority 110.1055, 110.201(1), 110.217(1), 110.403(1), 110.605(1) F.S. Law Implemented 110.105, 110.217, 110.403, 110.605 F.S. History–New __________.

 

60L-33.0032 Shared Employment.

(1) through (4) No Changes.

(5) In lieu of shared employment, an agency may subdivide a full-time equivalent position into separate, less than full-time equivalent positions, provided such division does not result in more than a total of one full-time equivalent position or cause an agency to exceed the total authorized full-time equivalent positions for the agency.

Rulemaking Specific Authority 110.1055, 110.201(1), 110.21 FS. Law Implemented 110.201, 110.21 FS. History–New 1-1-02, Amended 4-3-03,__________.

 

60L-33.0033 Appointment of Veterans.

An honorably discharged veteran seeking preference under Section 295.08 or 295.085, F.S. Florida Statutes, must furnish documentation in accordance with Rule 55A-7.013, F.A.C., and of the following:

(1) Military status, dates of service, discharge type, i.e., the Department of Defense Form DD-214 or equivalent certification from the U.S. Department of Veterans’ Affairs.;

(2) If claiming disability, certification from the U.S. Department of Veterans’ Affairs or Armed Services that the applicant has a service-connected disability.

(1) (3) Proof of Florida residence.

(2) (4) Proof of possession Possession of the required licensure, certification, or registration, any required knowledge, skills, and abilities, and any other requirements the agency establishes for the position, as indicated on the position description.

Rulemaking Specific Authority 110.1055, 110.201(1), 110.217(1), (5) FS. Law Implemented 110.2135, 295.08, 295.085 FS. History–New 1-1-02, Amended 4-3-03, ___________.

 

60L-33.004 Layoff and Employee Transition.

(1) No Change.

(2) Each agency shall have a Department-approved workforce transition plan. The goal of the plan is to ensure that the agency makes reasonable efforts to provide a smooth transition for the career service employees adversely affected by the layoff. The plan shall identify the steps the agency will take during the layoff to advance this goal. The following steps are reasonable and shall be included in any plan, unless the plan justifies in writing why they are not included:

(a) Appoint a workforce transition team, which is responsible for overseeing and administering the layoff.

(b) Develop a communications plan, designed to ensure open, honest, and frequent communication regarding staffing changes. Provide clear avenues for employees to seek and obtain information and assistance. Address necessary communications with the Department, the Agency for Workforce Innovation Department of Economic Opportunity, and unions.

(c) No Change.

(d) Assess employees.

1. No Change.

2. If the layoff affects any other career service employee, develop assessment procedures on objective measures that include comparative merit, demonstrated skills, experience and length of service in the State Personnel System. In determining which employees to retain, consider which employees will best enable the agency to advance its mission.; In in this context, consider how each employee fares with respect to the following factors: commitment, cooperation, excellence, fairness, honesty/integrity, initiative, respect, and teamwork.

(3) through (4) No Change.

(5) The Agency for Workforce Innovation Department of Economic Opportunity through its existing programs shall make available placement assistance to affected agencies and employees.

(6) Agencies shall prepare and maintain a workforce transition spreadsheet of adversely affected employees and provide the spreadsheet to the Department and to the Department of Economic Opportunity upon request to assist in the job placement of such employees.

(7) No Change.

Rulemaking Specific Authority 110.1055, 110.201(1), 110.227(2) FS. Law Implemented 110.201, 110.227 FS. History–New 1-1-02, Amended 4-3-03, 1-20-09, __________.

 

60L-33.005 Other Personal Services Employment.

(1) Other personal services (“OPS”) employment is an a temporary employer/employee relationship used solely for the completion of short term or intermittent tasks. OPS employees: do not fill established positions. OPS employees shall not be assigned the duties of any vacant authorized position.

(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: The following criteria shall form the basis of an agency’s request to the Office of Policy and Budget for approval to retain an OPS employee beyond 1,040 hours:

(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. The agency has requested a full-time equivalent position in its agency legislative budget request to fulfill the duties of the OPS position on a permanent basis, and the Legislature has not previously rejected such a request.

(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. The employee is currently working on a special project originally scheduled for completion within the 1,040 hours but, due to unforeseen circumstances documented by the agency, the project requires more time, and it would be further delayed by hiring and training a new OPS employee.

(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. The employee possesses specific knowledge or skills in a mission critical area of expertise for which there in an immediate but not permanent need, and training a new employee is not cost-justified.

(d) The agency hired the employee to perform the duties of a permanent employee on extended leave, and the services are still needed.

(3) The Office of Policy and Budget shall approve extensions beyond 1,040 hours on a fiscal year basis.

(4) Office of Policy and Budget approval of an extension beyond 1,040 hours shall not guarantee approval of later requests for extension for the same employee.

Rulemaking Specific Authority 110.1055, 110.131(3), 110.201(1) 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 ________.

 

60L-33.0065 Separations.

(1) Separation is the act of removing an employee from an established position due to severance of employment from the agency, or removing an employee from Other Personal Services employment.

(2) Agencies are responsible for processing employee separations on a timely basis through the State Personnel System’s human resource information system and shall use one of the following separation types and corresponding reason:

(a) Voluntary Separations:

1. Move to Private Sector - this reason shall be used when the employee communicates to the agency that the reason for the separation is to accept employment with a non-government entity.

2. Move within State of Florida Government – this reason shall be used when the employee communicates to the agency that the reason for the separation is to accept employment with another state government entity.

3. Other – this shall be used when any reason other than those indicated in this rule or no reason is given by the employee. This reason shall also be used when the employee retires under the Public Employees Optional Retirement Plan (investment plan).

4. Retirement – this reason shall be used when the employee retires under a state pension plan or completes their Deferred Retirement Option Program (DROP) participation.

5. End of Appointment Period – this reason shall be used when the agency separates an employee at the end of a time-limited appointment.

6. Move to non-State of Florida Government – this reason shall be used when the employee communicates to the agency that the reason for the separation is to accept employment with a local government entity.

7. Abandonment – this reason shall be used when an agency separates an employee due to an employee’s absence from the job without approved leave for a minimum of five consecutive work days and the employee’s conduct or circumstances imply no intent to return. Abandonment is deemed to be an unwritten resignation.

(b) Involuntary Separations:

1. Failed Probationary Period – this reason shall be used when the agency dismisses the career service employee for failure to successfully complete the required probationary period for the position.

2. Layoff – this reason shall be used when the agency separates a career service employee due to a shortage of funds or work, or a material change in the duties or organization of an agency, including the outsourcing or privatization of an activity or function.

3. Dismissal – this reason shall be used when the agency dismisses a career service employee pursuant to Section 110.227, F.S., or when the agency dismisses a selected exempt service or senior management service employee pursuant to Sections 110.604 and 110.403, F.S.

4. Death of the Employee – this reason shall be used when the agency separates an employee due to the employee’s death.

5. Death of Employee in the Line of Duty - this reason shall be used when the agency separates an employee due to death arising out of and in the actual performance of duties required by the employee’s position.

6. Legislative Directed Transfer - this reason shall be used when the agency separates an employee due to a legislatively mandated action resulting in the employee moving to another State Personnel System agency.

7. Dismissal-Employee also Retires - this reason shall be used when the agency dismisses a career service employee pursuant to Section 110.227, F.S., or when the agency dismisses a selected exempt service or senior management service employee pursuant to Sections 110.604 and 110.403, F.S., and the employee also retires from the Florida Retirement System.

Rulemaking Authority 110.1055(1), 110.201(1), 110.227(2)(a), 110.403(1), 110.605(1), F.S., Law Implemented 110.105, 110.227, 110.403, 110.604, F.S., History- New _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ms. Sharon D. Larson, Division Director of Human Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Craig J. Nichols, Agency Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 05, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 18, 2013