Amendment of Rule 60L-32.0071

 

DEPARTMENT OF MANAGEMENT SERVICES

Personnel Management System

RULE NO.:RULE TITLE:

60LER19-02Amendment of Rule 60L-32.0071

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: Executive Orders 19-189 and 19-190 declared a state of emergency for the State of Florida because Hurricane Dorian poses a severe threat to the 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 necessary compensation to the additional employees that need to be deployed 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: This rule modifies rule 60L-32.0071, F.A.C., to allow agencies to provide extraordinary payment to employees at the bureau chief or bureau chief comparable level under certain circumstances.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Chasity H. O’Steen, 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:

 

60LER19-2 Amendment of Rule 60L-32.0071, F.A.C.

Rule 60L-32.0071 is amended as follows:

60L-32.0071 Selected Exempt Service Extraordinary Payment Plan.

(1) Notwithstanding the provisions of subsection 60L-34.0031(3), F.A.C., an agency may propose, for Department approval, an agency-wide plan to compensate excluded Selected Exempt Service (SES) employees below the bureau chief or bureau chief 

comparable level who are directed to work hours in excess of the contracted hours in the regular work period in response to an unforeseen extraordinary event or occurrence to provide agency mission critical services to the public subject to the following:

(1) through (6) renumbered as (a) through (f). No change.

(2) An agency with an activated SES extraordinary payment plan as provided in subsection (1) may provide extraordinary payment to excluded SES employees at the bureau chief or bureau chief comparable level who are directed to work hours in excess of the contracted hours in the regular work period in response to an unforeseen extraordinary event or occurrence to provide agency mission critical services to the public. Agencies are not required to submit to the Department an additional SES extraordinary payment plan in order to provide compensation under this subsection.

Rulemaking Authority 110.1055, 110.201(1), 110.602, 110.605(1), (2) FS. Law Implemented 110.201, 110.603 FS. History–New 10-8-12, ____________.

 

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