Chapter 2012-215, Laws of Florida, amends Section 110.2035, F.S., regarding the implementation of pay additives. The new language distinguishes between Temporary special duties – general and Temporary special duties – absent coworker pay additives; ...

 

DEPARTMENT OF MANAGEMENT SERVICES

Personnel Management System

RULE NOS.:   RULE TITLES:

60L-32.0001   Definitions

60L-32.001   Determining Salary upon Appointment

60L-32.0012   Salary Additives

60L-32.0013   Reduction in Pay

60L-32.0014   Computation of Overtime.

60L-32.002   Computation of Hourly Rate

60L-32.003   Dual Employment and Compensation

60L-32.004   Perquisites

60L-32.005   Benefits

PURPOSE AND EFFECT: Chapter 2012-215, Laws of Florida, amends Section 110.2035, F.S., regarding the implementation of pay additives. The new language distinguishes between Temporary special duties – general and Temporary special duties – absent coworker pay additives; recognizes that the Legislature through the General Appropriations Act provides authority for the provision of the Temporary special duties – general pay additive; provides that any new or adjustments to existing competitive area differential or critical market pay additives require approval by the Legislature; and streamlines the process for approving additives by allowing agencies to plan for and provide pay additives within guidelines established by DMS and directions provided by the Legislature through the General Appropriations Act.

SUMMARY: Rule Chapter 60L-32, F.A.C., needs to be amended to comport with the new language in Section 110.2035, 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, 110.201(1) FS.

LAW IMPLEMENTED: 110.2035, 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: December 30, 2013, 1:30 p.m. − 3:30 p.m.

**IMPORTANT NOTE** THE HEARING REQUEST MUST BE RECEIVED BY 5:00 p.m., 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-32.0001 Definitions.

For the purpose of administering this chapter, the following definitions shall apply:

(1) Base Rate of Pay – An employee’s salary excluding any approved pay additive, incentive pay, discretionary or non-discretionary bonus payment, and other legislatively approved agency specific pay additive.

(2) Dual Employment and Dual Compensation – Employment in a total of more than one full-time equivalent established position; compensation of an employee simultaneously from any appropriation other than appropriations for salaries; or compensation of an employee simultaneously by more than one state agency as provided for in Section 216.0011(qq), F.S.

(3) Excluded – A designation of exemption from the overtime provisions of the federal Fair Labor Standards Act (FLSA).

(4) Included – A designation of coverage under (not exempted from) the overtime provisions of the FLSA.

(5) Pay Additive – Temporary increases in pay in addition to the base rate of pay as specified in Section 110.2035 (7), F.S.

(6) Regular Rate of Pay – An employee’s base rate of pay plus any approved pay additive, Criminal Justice Incentive Pay, Firefighter Incentive Pay, non-discretionary bonus payment, legislatively approved agency specific pay additive, and other payments as specified in this chapter.

(7) Overtime – Hours of work suffered, permitted or required, in excess of 40 hours during the established workweek or in excess of the number of full-time contract hours in the established extended work period, for which included employees are paid at the rate of time and one half, in accordance with the FLSA.

Rulemaking Authority 110.1055, 110.201(1), FS., Law Implemented 110.2035, 110.403, 110.605, FS. History – New _____.

 

60L-32.001 Determining Salary upon Appointment.

Upon appointment, an agency shall set an employee’s base rate of pay within the pay band for the broadband level to which appointed; however, provided, that an employee appointed with given trainee status may shall be paid less than the minimum of the pay band during the training period in accordance with the individual training schedule scheduled, subject to FLSA requirements and in accordance with Section 448.110, Florida Statutes, the Florida Minimum Wage Law.

Rulemaking Authority 110.1055, 110.131(3), 110.201(1), 110.2035(1), 110.403(1)(c), 110.605(1) FS. Law Implemented 110.131, 110.201, 110.2035, 110.403, 110.603 FS. History–New 1-6-02, Amended 4-3-03, (insert date).

 

60L-32.0012 Pay Salary Additives and Incentive Pay.

(1) Salary additives are temporary increases to the base rate of pay. Employees filling career service positions for which a pay salary additive has been approved shall receive the pay salary additive. A pay salary additive shall be removed or adjusted if there is upon a change in the conditions upon which it was granted.

(2) For Career service employees, pay salary additives include the following:

(a) Shift Differential Additive –When when justified by competitive labor practices and in accordance with applicable collective bargaining agreements, agencies may approve this additive for positions regularly assigned to an evening, night, rotating or split shift when the major portion of the hours assigned during the shift are between 5:00 p.m. and 6:00 a.m. Agencies may approve this additive for a position.

(b) On-Call Additive – Agencies may approve employees positions to be placed on-call. Employees placed on-call shall be compensated in accordance with applicable collective bargaining agreements.

1. Agencies may assign this additive to individual employees subject to positions this additive when all of the following conditions are satisfied:

a.1. The employee has been instructed by the appropriate management to remain available to work during an off duty period;

b. 2.The employee must leave word where the employee may be reached by phone or electronic signaling device; and

c. 3. The employee is available to return to the work location on short notice to perform assigned duties, notwithstanding that the employee may be in paid or unpaid leave status.

2. An employee who is absent from work due to personal illness for all or part of the previous work shift may be excluded from on-call status at the supervisor’s discretion.

3. The on-call additive will begin when the employee is released from the work shift and actually goes “on-call”. An employee cannot receive the on-call additive while performing regularly scheduled or “normal work”, even if the work day is extended beyond the normal hours of work.

4. An employee shall continue to be compensated for the on-call additive in addition to any hours the employee is compensated for being called back to the work location to perform work activities.

(c) Hazardous Duties Duty Additive – An agency may approve this additive for specific positions when it can be demonstrated that the duties and responsibilities on the official position description of such positions requires work activities are required to perform duties and responsibilities that are exceptionally hazardous or dangerous and when performed could result in serious injury or death. Such duties and responsibilities shall not be customarily associated with all positions in the broadband level.

(d) Leadworker Duties Additive – An agency may approve this additive for employees who are assigned limited supervisory responsibilities that include directing the work of employees having the same or similar duties in the same work unit. The duties may also include distributing work, maintaining a balanced workload among employees, keeping records, and defining work priorities. individuals with sufficient knowledge and experience to lead others when assigned such responsibilities on a continuing basis. The duties do not include The leadership does not include evaluating other’s performance or administering disciplinary actions, and do it does not justify reclassification. The duties must be reflected on the official position description and in accordance with Chapter 60L-31, F.A.C.

(e) Temporary Special Duties – general Duty Additive – Subject to the request and approval requirements provided in Section 110.2035(7)(b), F.S., an agency may approve this additive, for a period of ninety days, when an employee a position has been assigned temporary duties and responsibilities not customarily assigned to the position. An agency shall not extend the period. without Department approval. The Department’s review shall include the following: the duties being assigned the position; the additive amount; and compliance with the applicable collective bargaining agreement.

(f) Temporary Special Duties – absent coworker – Unless otherwise provided in the General Appropriations Act, an agency may approve this additive when the employee is assigned the duties and responsibilities of a coworker who is absent from work due to authorized FMLA or authorized military leave.

(g)(f) Trainer Duties Additive – An agency may approve this additive when an employee is assigned the responsibility to provide on-the-job training to other employees as part of an agency-approved formalized training program; provided, that such training is not part of the customarily assigned duties of the position.

(h)(g) Competitive Area Differential Additive – An agency shall not grant this additive without Department approval. This additive is provided justified for specific positions with similar duties and responsibilities within an agency when it has been determined can be demonstrated that the additive is based on geographical, localized recruitment, turnover, or competitive pay problems exist in a defined geographic region or county (ies). If requested by the agency, this additive may apply to positions within the requesting agency with similar duties and responsibilities in the approved broadband level within the geographical area for which the Department approves the additive.

(i)(h) Critical Market Pay Additive – An agency shall not grant this additive without Department approval. This additive is agency specific and provided justified when pay for a position is substantially below the prevailing market rate, resulting in hiring and retention difficulties. In considering requests for this additive, the Department shall conduct all relevant analyses to determine the need for a pay adjustment for the position. An agency requesting this additive shall assist the Department in any analyses the Department requests.

(3) Initial establishment or increases to existing levels of Competitive Area Differential or Critical Market Pay additives must be implemented in accordance with the provisions of Section 110.2035(7)(c), F.S.

(4) Employees filling certain career service and selected exempt service positions may be eligible for Criminal Justice Incentive Pay and Firefighter Incentive Pay as provided for in Section 943.22, F.S., and Section 633.382, F.S., respectively.

Rulemaking Authority 110.1055, 110.201(1), 110.2035(7) (1), (6), 110.403(1)(c), 110.605(1) FS. Law Implemented 110.131, 110.201, 110.2035, 110.403, 110.603 FS. History–New 1-22-02, Amended 4-3-03,______.

 

60L-32.0013 Reduction in Pay.

The following actions shall not constitute a reduction in pay: removal of pay salary additives; actions to correct overpayments resulting from erroneous application of the Florida Statutes, legislative appropriation, Department rules, or agency pay procedures; legislatively mandated reductions, including furloughs; or salary adjustments agreed to in lieu of a workforce reduction.

Rulemaking Authority 110.1055, 110.131(3), 110.201(1), 110.2035(1), 110.209(1)(c), 110.209(3), 110.403(1)(c), 110.605(1) FS. Law Implemented 110.131, 110.201, 110.209, 110.403, 110.603 FS. History–New 1-22-02, Amended _______.

 

60L-32.0014 Computation of Overtime.

(1) Included employees shall be compensated for overtime in accordance with the FLSA. Such compensation may take the form of pay or FLSA compensatory leave credits as described in Rule 60L-34.0031, (4), F.A.C.

(2) Payment for overtime shall be computed at the rate of one and one half times the employee’s hourly regular rate of pay for the workweek or approved extended work period during which the overtime occurred.

(a) If an employee received a non-discretionary bonus, as defined in the FLSA, the amount of the bonus shall only be included in the regular rate of pay for overtime purposes during the work week or extended work period in which the bonus was received.

(b) If an employee is called back while in on-call status, only the actual time worked as a result of being called back shall be included for purposes of computing overtime compensation.

Rulemaking Authority 110.1055, 110.201(1) F.S., Law Implemented, 110.131, 110.2035, F.S. History – New________.

 

60L-32.002 Computation of Hourly Rate of Pay.

(1) No Change.

(2) Calculate hourly base rate of pay as follows:

Biweekly Base Rate of Pay x 26 = Hourly Base Rate of Pay

2080 hours

Monthly Base Rate of Pay x 12 = Hourly Base Rate of Pay

2080 hours

Biweekly Base Rate of Pay x 26 = Hourly Base Rate of Pay

2080 hours

Monthly Base Rate of Pay x 12 = Hourly Base Rate of Pay

2080 hours

In processing pay changes, all salary additives shall be removed prior to calculating any changes to an employee’s base rate of pay.

(3) Calculate hourly regular rate of pay as follows:

 

Biweekly Regular Rate of Pay x 26 = Hourly Regular Rate of Pay

2080 hours

 

Monthly Regular Rate of Pay x 12 = Hourly Regular Rate of Pay

2080 hours

 

Biweekly Regular Rate of Pay x 26 = Hourly Regular Rate of Pay

2080 hours

Monthly Regular Rate of Pay x 12 = Hourly Regular Rate of Pay

2080 hours

(4) No Change.

Rulemaking Authority 110.1055, 110.131(3), 110.201(1), 110.403(1)(c), 110.605(1) FS. Law Implemented 110.131, 110.201, 110.2035, 110.403, 110.603 FS. History–New 1-1-02, Amended 4-3-03,_______.

 

60L-32.003 Dual Employment and Dual Compensation.

(1) Provisions regarding employees entering into a dual employment and dual compensation agreement are provided in the Dual Employment and Dual Compensation Guidelines and Procedures for State Personnel System Agencies (eff. <Insert Effective Date of Rule>), hereby incorporated by reference. This guideline is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03258.Agency approval is required for all requests for dual employment and compensation, including, but not limited to:

(a) Employment in excess of one full-time equivalent established position;

(b) Compensation of an employee simultaneously from any appropriation other than salaries; and

(c) Compensation of an employee simultaneously by more than one agency.

(2) In considering requests for dual employment and compensation, agencies shall apply the following criteria.

(a) Compensation must be commensurate with assigned duties.

(b) There must be a demonstrated need for the proposed action.

(c) The services must not give rise to the appearance of a conflict of interest or otherwise violate legislative intent.

(3) Employees The employee seeking dual employment and dual compensation shall initiate a Dual Employment and Dual Compensation Request (Form DMS/HRM/DUAL, Rev. <Insert Effective Date of Rule>) hereby incorporated by reference, in accordance with the instructions on the form. This form is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03257

(4) An employee of an agency who renders services to another agency shall not be paid an honorarium for such services, except when required by law to be paid an honorarium. In such cases, the employee’s salary shall be reduced by an amount equal to the honorarium received, unless the agency approves payment of both salary and honorarium in accordance with this rule.

Rulemaking Authority 110.1055, 110.131(3), 110.201(1), 110.403(1)(c), 110.605(1) F.S. Law Implemented 110.131, 110.201, 110.2035, 110.403,110.605 110.603, 216.262(1)(e), FS. History–New 1-6-02, Amended________.

 

60L-32.004 Perquisites.

(1) through (3) No Change.

(4) By August 1 of each year, agencies Agencies in the executive branch shall report to the Department, on a fiscal year basis all the perquisites, including dollar value, they have approved by the agency during the preceeding fiscal year under their delegated authority.

Rulemaking Authority 110.1055, 110.201(1)(a), 110.403(1), 110.605(1) FS. Law Implemented 216.262(1)(f), 216.262(1)(g) FS. History–New 1-6-02, Amended ________.

 

60L-32.005 Benefits.

(1) Rule Chapter The rules in theTitle Chapter 60P, Florida Administrative Code F.A.C., governs series of chapters govern the insurance benefits available to employees in the State Personnel System.

(2) Rule Chapters The rules in the Title Chapter 60S and 19-13, Florida Administrative Code F.A.C., series of chapters govern the retirement benefits available to employees in the State Personnel System.

Rulemaking Authority 110.1055, 110.201(1), 110.403(1)(c), 110.605(1) FS. Law Implemented 110.201, 110.209, 110.403, 110.603 FS. History–New 1-1-02, Amended 4-3-03, 5-20-08, _______.

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: 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