The purpose of the proposed rule amendments/ rule promulgation is to update the Florida Lottery's Performance Management Program.

 

DEPARTMENT OF THE LOTTERY

RULE NOS.:RULE TITLES:

53-17.001Purpose

53-17.002Definitions

53-17.003Procedures

PURPOSE AND EFFECT: The purpose of the proposed rule amendments/ rule promulgation is to update the Florida Lottery's Performance Management Program.

SUMMARY: The Florida Lottery is substantially rewriting and updating the Performance Management Program.

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: There are no regulatory costs associated with the Lottery's Performance Management Program.

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: 24.105(9)(j) FS.

LAW IMPLEMENTED: 24.105(19)(d) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Diane D. Schmidt, Florida Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee, Florida [phone] [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

PERSONNEL PERFORMANCE MANAGEMENT EXCELLENCE PROGRAM

 

53-17.001 Purpose Statement of Policy

53-17.002 Definitions Procedures

53-17.003Procedures

 

53-17.001 Purpose Statement of Policy.

(1) This chapter sets forth the rules governing the Performance Excellence is the Florida Lottery’s Performance Management Program (“Program’) annual performance evaluation program. The Program provides for It functions as an annual review and evaluation of the work performance of all Florida Lottery employees in the areas of technical expertise, professional excellence and customer satisfaction. The Program This program connects an employee’s work performance to the implementation of the Lottery’s strategic business plan, and subsequent achievement of the Lottery’s business goals.

(2) An employee’s performance measures will be based on the performance goals for that employee’s work unit, as specified in the strategic business plan.

(3) The Florida Lottery’s Performance Management Excellence Program serves the following purposes:

(a) Provides all employees with the opportunity to clearly understand and focus upon annual performance expectations.

(b) Identifies improvement needs to enhance future individual, and ultimately organizational, performance.

(c) Motivates all employees to improve skills and job knowledge to ensure consistent professional and technical expertise.

(d) Documents and tracks an employee’s performance against the strategic goals of the employee’s work unit and ultimately, the strategic goals of the Lottery.

(e) Documents an employee’s eligibility for salary adjustments or one-time lump sum payments upon the availability of such funding.

(f) Provides a basis for monitoring and improving the overall performance and productivity of the Florida Lottery’s work force.

Rulemaking Specific Authority 24.105(9)(j) FS. Law Implemented 24.105(19)(d) FS. History–New 2-25-93, Amended 11-29-04,________.

 

(Substantial rewording of Rule 53-17.002 follows. See Florida Administrative Code for present text.)

 

53-17.002 Definitions Procedures.

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

(a) Designated Evaluation Date – The date selected by the Lottery which begins the 60-day period during which annual evaluations shall be completed. The Lottery may select up to four (4) designated evaluation dates per calendar year in order to accommodate operational needs.

(b) Evaluation Period – The annual period of time covered by the performance plan.

(c) Overall Rating – The employee’s level of performance for the evaluation period, which is derived as follows:

1. Calculate the average of all of the individually-rated performance expectations. In calculating this average, all digits three or more places to the right of the decimal shall be dropped. No rounding shall be used in this calculation.

2. Locate the numeric range in which the calculated average falls on the below chart and assign the corresponding overall rating.

 

OVERALL RATING SCALE

NUMERIC RANGE	OVERALL RATING
4.50 – 5.00	Outstanding
3.50 – 4.49	Commendable
3.00 – 3.49	Satisfactory
2.50 – 2.99	Needs Improvement
2.49 and below	Unsatisfactory

(d) Performance Evaluation – A written assessment of an employee’s performance of assigned duties and responsibilities as reflected in the employee’s performance expectations and documented on a performance evaluation form.

(e) Performance Expectation – A statement that describes satisfactory performance of an essential duty or responsibility as listed in the position description or satisfactory demonstration of an attribute or value that the agency deems necessary for the accomplishment of its core missions. For purposes of this rule, a duty or responsibility is essential if it must be successfully performed in order to fulfill the requirements of the position.

(f) Performance Plan – A written notification prepared by the supervisor that identifies the performance expectations by which the employee will be evaluated during the evaluation period.

(g) Performance Improvement Plan (PIP) – The Performance Improvement Plan allows the supervisor to provide the employee with a structured method to correct performance deficiencies, by allowing an employee to improve performance based on a rating of “Below Expectation” or “Unacceptable.”

(h) Supervisor – The employee’s current immediate supervisor or a designated managerial employee who has knowledge of the employee’s duties, responsibilities and job performance.

Rulemaking Authority 24.105(9)(j) FS. Law Implemented 24.105(19)(d) FS. History–New 2-25-93, Amended 11-29-04, Amended_________.

 

53-17.003 Procedures.

(1) Work Plan.

(a) Following consultation with executive management, a work plan shall be developed by the immediate supervisor. The work plan should identify the employee’s performance expectations, key work activities and responsibilities, and be prioritized in accordance with the Lottery’s strategic objectives. The work plan should correspond to the employee’s position description in terms of functional accountability, knowledge, experience and skills.

(b) The supervisor shall conduct a performance planning session with the employee to review the work plan, the performance expectations and the rating scale. The supervisor shall also provide the employee an opportunity for feedback regarding the expectations. The work plan shall be signed by the supervisor and the employee, indicating that the work plan has been discussed. A copy of the signed work plan shall be made available to the employee.

(2) Supervisor duties. The supervisor shall:

(a) Conduct an oral work plan session with each employee at the beginning of every evaluation period and provide a copy of the work plan to the employee.

(b) Conduct written and oral performance evaluations of his/her employees at least annually. Such evaluations must be completed within sixty (60) calendar days following the Designated Evaluation Date.

(c) Provide employees with coaching and meaningful feedback regarding job performance throughout the evaluation period.

(d) Timely inform the employee in writing of any performance deficiencies that could result in a “Below Expectation” or “Unacceptable” rating and the necessary corrective action to be taken prior to the end of the evaluation period.

(e) Meet with the employee to review the annual performance evaluation. The supervisor shall provide the employee with a final rating for each work activity and related responsibility. Both the supervisor and the employee shall sign and date the final rating. A copy of the final rating shall be provided to the employee and the original placed within the employee’s personnel file in Human Resource Management.

(3) New Hire Procedures. For new hires, work plans shall be completed within approximately one month of the employee’s hire date. The annual review shall be conducted provided the employee was hired prior to March 1. The initial work plan shall cover the period from the hire date through June 30. Thereafter, the employee shall be evaluated annually.

(4) At a minimum, a written performance evaluation shall include:

(a) A rating of the employee’s job performance during the evaluation period for each performance expectation identified in the performance plan. Each performance expectation shall be measured using the following scale:

 

RATING	NUMERIC SCALE	INDIVIDUAL PERFORMANCE EXPECTATIONS RATING SCALE DEFINITION AND EXAMPLES
Exceptional	5	Employee consistently exceeds the performance expectation. This employee requires little or no supervision from management regarding productivity and accomplishing his/her tasks and seeks opportunities to enhance the organization. The employee’s performance shows highly advanced job knowledge and outstanding initiative. The employee is relied upon to solve complex problems and applies creativity and innovative approaches in formulating solutions.
Above Expectation	4	Employee consistently meets and often exceeds the performance expectation. This employee requires minimal supervision from management regarding productivity and accomplishing his/her tasks and seeks opportunities to enhance the organization. The employee possesses a thorough knowledge of the job, shows a high level of initiative, and often solves or assists in solving complex problems.
Meets Expectation	3	Employee consistently meets and may occasionally exceed the performance expectation. This employee requires moderate supervision from management regarding productivity and accomplishing his/her tasks and seeks opportunities to enhance the organization. The employee possesses sufficient knowledge and/or initiative to execute his/her duties and responsibilities.
Below Expectation	2	Employee exhibits inconsistent job performance, but has the capacity to improve to meet the performance expectation. At times the employee requires close supervision when he/she should be operating on his/her own. The employee is sometimes unproductive, and sometimes lacks the initiative and/or the necessary job knowledge to execute his/her duties and responsibilities.
Unacceptable	1	Employee consistently fails to meet the designated performance expectation. This employee is often unproductive, requires close supervision and his/her work requires continual correction. The employee’s job knowledge and initiative is lacking and is insufficient to meet daily requirements.
N	None given	No longer applicable or unable to determine.

(b) Comments relating to the employee’s job performance for each performance expectation.

(c) The overall rating of the employee’s job performance during the evaluation period, which shall not be adjusted or affected by the ratings of any other employees being rated.

(d) At the Lottery’s discretion, performance plans and evaluations may be reviewed by a higher level authority and comments may be provided. However, completed performance plans and evaluations shall not be changed by a higher level authority.

(5) Employees with an overall rating of either “Needs Improvement” or “Unsatisfactory” shall be considered not to have met their performance expectations for the position during that evaluation period. In some cases, a supervisor might find it necessary to develop and implement a Performance Improvement Plan (PIP) for an employee. A PIP is created at the discretion of the supervisor following consultation with executive management. A PIP may be up to 90 days in duration; however, at any time that a PIP is in effect an employee may be separated or demoted at the discretion of the Lottery Secretary.

(6) Employees who do not receive a performance evaluation within sixty (60) calendar days following the Lottery-designated evaluation date shall be considered to have met their performance expectations as documented on their performance plan, and will receive a rating of “Meets Expectation” for each performance expectation and an overall rating of “Satisfactory”.

(7) A description of training and educational opportunities for the employee may be included as part of the performance planning/evaluation process.

(8) The performance evaluation shall be signed by the supervisor and the employee. The signature of the employee shall indicate only that the employee’s job performance has been discussed with the employee and does not imply that the employee agrees or disagrees with the supervisor’s assessment of his/her performance. The employee may attach written comments to the performance evaluation form in response to the evaluation.

(9) A performance evaluation is considered to be complete when it has been discussed with the employee and the employee has signed the evaluation. The evaluation shall be included in the employee’s personnel file, and a copy shall be made available to the employee.

Rulemaking Authority 24.105(9)(j) FS. Law Implemented 24.105(19)(d) FS. History–New____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Glenda L. Thornton, General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cynthia F. O'Connell, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 1, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 11, 2013