Suspension of Rule 60L-34.0071(3)(e)1.b., F.A.C.

 

DEPARTMENT OF MANAGEMENT SERVICES

Personnel Management System

RULE NO.:RULE TITLE:

60LER17-1Suspension of Rule 60L-34.0071(3)(e)1.b., F.A.C.

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: Executive Order 17-235 declared a state of emergency for the State of Florida because Hurricane Irma poses a severe threat to the entire State of Florida and requires that timely precautions are taken to protect the communities, critical infrastructure, and general welfare of this State.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The procedure is fair in that it temporarily provides all agencies with the ability to provide equitable leave to agency employees whose safety could be affected by Hurricane Irma; provides at least the procedural protections given by other statutes, the State Constitution, or the United States Constitution; and takes only action that is necessary to protect the public interest under the emergency procedures in a manner that treats all similarly affected state employees fairly.

SUMMARY: This rule suspends the provision of Rule 60L-34.0071, F.A.C., prohibiting the use of administrative leave by employees on prior approved leaves of absence or scheduled holidays during an emergency.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Brittany B. Griffith, Deputy General Counsel, Department of Management Services, 4050 Esplanade Way, Suite 160, Tallahassee, FL 32399-0950, [phone], [e-mail].

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

60LER17-1 Suspension of Rule 60L-34.0071(3)(e)1.b., F.A.C.

Rule 60L-34.0071 is amended as follows:

60L-34.0071 Administrative Leave.

(1) through (2) No change.

(3) An agency shall comply with the following provisions when granting administrative leave for the reasons described.

(a) through (d) No change.

(e) Closing facilities under emergency conditions:

1. When offices are closed pursuant to Executive Order of the Governor:

a. No change.

b. An employee who is on a prior approved leave of absence or scheduled holiday during an emergency shall not have the leave of absence changed to administrative leave.

b.c. No change.

2. No change.

(f) through (i) No change.

Specific Authority 110.201, 110.219(5) FS. Law Implemented 110.219 FS. History–New 1-1-02, Amended 10-26-06.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.