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

 

DEPARTMENT OF MANAGEMENT SERVICES

Personnel Management System

RULE NO.:RULE TITLE:

60LER16-1Suspension 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 16-205, in response to the imminent threat of Tropical Depression #9 (subsequently Hurricane Hermine), declared a state of emergency for specific counties.  Under section 4.B. of the executive order, each state agency has the authority to suspend any rule which affects the condition of employment and compensation of employees, and directed that any waiver of such rules shall be made in accordance with sections 120.54(4) and 252.46, Florida Statutes.

REASONS FOR CONCLUDING THAT THE PROCEDURE USED IS FAIR UNDER THE CIRCUMSTANCES: The procedure is fair in that it uses the powers granted by the executive order for the purpose of avoiding the prevention, hindrance, or delay of actions coping with the emergency; 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 OF THE RULE: 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 periods when facilities are closed under emergency conditions.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Michael A. Greif, Senior Attorney, Department of Management Services, Suite 160F.,Office of the General Counsel, 4050 Esplanade Way 32399-0950, [phone], [e-mail]

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

60LER16-1 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.

EFFECTIVE DATE: N/A

EXPIRATION DATE: The earlier of the expiration of Executive Order 16-205 or 90 days after the effective date of the rule.