The purpose and effect of the proposed rule is to include in the list of priority positions staff members who are duty wardens and whose duty station is an institution.  


  • RULE NO: RULE TITLE
    33-208.504: Criteria for Assignment to Staff Housing
    PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to include in the list of priority positions staff members who are duty wardens and whose duty station is an institution.
    SUMMARY: The proposed rule adds to the list of priority positions staff members who are duty wardens and whose duty station is an institution.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.
    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.
    SPECIFIC AUTHORITY: 944.09, 945.025 FS.
    LAW IMPLEMENTED: 20.315, 944.09, 944.10, 945.025 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

    THE FULL TEXT OF THE PROPOSED RULE IS:

    33-208.504 Criteria for Assignment to Staff Housing.

    The warden shall assign staff housing based upon the best interests of the institution and the following:

    (1) Houses, Apartments and Mobile Homes.

    (a) To the extent that houses, apartments and mobile homes are available, certain priority staff of a major institution shall be required to live at the institution of their assignment so that emergencies can be resolved with a minimum of delay. An institution with insufficient housing for its priority staff may be allocated such housing at a nearby institution by the Regional Director. The following priority staff are listed in the order of priority by which the assignment of at least one employee in each category shall be considered by the warden. The warden also has authority to recommend that these personnel live off the grounds. Only the Secretary may alter these priorities based upon proof of an employee’s significant personal hardship or in the best interests of the Department.

    1. through 4. No change.

    5. A staff member who is a Duty Warden and whose duty station is an institution.

    5. through 8. renumbered 6. through 9. No change.

    (b) No change.

    (2) Mobile Home Spaces.

    (a) No change.

    (b) Employees or occupants of personally owned mobile homes must provide proof of ownership by title or registration. Compliance with this requirement shall be noted on Form DC2-808A, Staff Housing Agreement the staff housing agreement, Form DC2-808A. Form DC2-808A is incorporated by reference in Rule 33-208.506, F.A.C.

    (c) through (d) No change.

    (3) Rooms in Officer Quarters.

    (a) through (b) No change.

    (c) The warden of a major institution shall designate one or more rooms in an officer quarters for use by department employees temporarily visiting the institution on official duty when so requested by the Secretary secretary to meet the housing needs of such employees.

    (4) No change.

    (5) Any occupant of staff housing, including officers quarters, state mobile homes and personally owned mobile homes, who is not on the priority or non-priority list shall be permitted to remain an occupant of staff housing provided that he or she abides by the provisions of this rule. This rule provision shall apply to all occupants who reside in any type of staff housing prior to and on the effective date of this amendment.

    Rulemaking Specific Authority 944.09(1), 945.025(1) FS. Law Implemented 20.315, 944.09(1), 944.10, 945.025(1) FS. History–New 9-1-88, Amended 9-5-89, Formerly 33-26.004, 33-602.504, Amended 8-16-00, 4-8-02, 1-19-03, 3-30-05, 9-5-06,________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: George Sapp, Deputy Secretary of Institutions
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard Davison, Deputy Secretary
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 11, 2010
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 22, 2010

Document Information

Comments Open:
2/26/2010
Summary:
The proposed rule adds to the list of priority positions staff members who are duty wardens and whose duty station is an institution.
Purpose:
The purpose and effect of the proposed rule is to include in the list of priority positions staff members who are duty wardens and whose duty station is an institution.
Rulemaking Authority:
944.09, 945.025 FS.
Law:
20.315, 944.09, 944.10, 945.025 FS.
Contact:
Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
Related Rules: (1)
33-208.504. Criteria for Assignment to Staff Housing