reglab/statecodes huggingface dataset:
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-31 - CLASSIFICATION PLAN › Section 60L-31.003 - Position Descriptions

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				employing agency shall prepare a current position description for each
				established position authorized for the agency. The position description shall
				include: an accurate description of the duties and responsibilities assigned to
				the position; the job related knowledge, skills, and abilities required for the
				position; any licensure, certification or registration required for the
				position (including testing); and any position designators. The current
				position description shall serve as the official record of the duties and
				responsibilities assigned the position and shall be used to officially classify
				the position.
(2) When a position
				description is prepared, it shall be completed and signed by the appropriate
				authority as determined by the agency to certify that the duties described are
				accurate and reflect the responsibilities officially assigned to the
				position.
(3) Each position
				description and any attached information shall be maintained by the employing
				agency or by the Department's designee and a copy shall be made available to
				each incumbent of the position.
(4)
				The Department shall have electronic access to the official position
				description.
(5) Upon good cause
				shown in writing, the Department may excuse an agency from this rule's
				requirement of maintaining records electronically. In assessing good cause, the
				Department shall consider the agency's technological capability and whether the
				records are electronically accessible via the Department's
				designee.
Rulemaking Authority
					 110.1055,
					  110.201 (1),
					  110.2035 (1),
					  110.403 (1),
					 110.605(1) FS.
					 Law Implemented 110.201,
					 110.2035,
					 110.403,
					  110.605 FS.
New 1-6-02, Amended
					 4-3-03.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-31 - CLASSIFICATION PLAN › Section 60L-31.004 - Exercise of Classification Authority

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Each employing agency shall have the authority and responsibility to classify
				positions authorized by the Legislature or authorized pursuant to Chapter 216,
				F.S., to classify positions that are added in lieu of positions deleted
				pursuant to Chapter 216, F.S., to reclassify established positions, and to
				correct errors in classification; provided, that absent an express written
				delegation of authority by the Department, agencies shall not have authority to
				reclassify positions between the various services (selected exempt service,
				senior management service, and career service).
(2) Classification actions taken by an
				employing agency shall be within the classification system established by the
				Department, and shall be in accordance with these rules.
(3) Any classification action to be taken by
				an employing agency shall be initiated by preparation of a current position
				description.
(a) If Office of Policy and
				Budget approval is required to effect a classification action, the employing
				agency shall not effect the classification action until the required approval
				has been obtained.
(b) An agency
				requesting a revision of the classification system shall furnish to the
				Department position descriptions, the proposed changes, and any other material
				the agency believes justifies the request.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-32 - COMPENSATION AND BENEFITS › Section 60L-32.0001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purpose of administering this chapter, the following
				  definitions shall apply:
(1) Base Rate
				of Pay - An employee's salary excluding any approved pay additive, incentive
				pay, discretionary or non-discretionary bonus payment, and other legislatively
				approved agency specific pay additive.
(2) Dual Employment and Dual Compensation -
				Employment in a total of more than one full-time equivalent established
				position; compensation of an employee simultaneously from any appropriation
				other than appropriations for salaries; or compensation of an employee
				simultaneously by more than one state agency as provided for in Section
				 216.011(1)(qq),
				F.S.
(3) Excluded - A designation
				of exemption from the overtime provisions of the federal Fair Labor Standards
				Act (FLSA).
(4) Included - A
				designation of coverage under (not exempted from) the overtime provisions of
				the FLSA.
(5) Pay Additive -
				Temporary increases in pay in addition to the base rate of pay as specified in
				Section  110.2035(7),
				F.S.
(6) Regular Rate of Pay - An
				employee's base rate of pay plus any approved pay additive, Criminal Justice
				Incentive Pay, Firefighter Supplemental Compensation, non-discretionary bonus
				payment, legislatively approved agency specific pay additive, and other
				payments as specified in this chapter.
(7) Overtime - Hours of work suffered,
				permitted or required, in excess of 40 hours during the established workweek or
				in excess of the number of full-time contract hours in the established extended
				work period, for which included employees are paid at the rate of time and one
				half, in accordance with the FLSA.
Rulemaking Authority
					 110.1055,
					 110.201(1) FS.
					 Law Implemented 110.2035,
					 110.403,
					 110.605
					 FS.
New 1-26-14.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-32 - COMPENSATION AND BENEFITS › Section 60L-32.001 - Determining Salary upon Appointment

Current through Reg. 50, No. 138; July 16, 2024
Upon appointment, an agency shall set an employee's base rate
				  of pay within the pay band for the broadband level to which appointed; however
				  an employee appointed with trainee status may be paid less than the minimum of
				  the pay band during the training period in accordance with the individual
				  training schedule, subject to FLSA requirements and in accordance with Section
				   448.110, F.S., the Florida
				  Minimum Wage Law.
Rulemaking Authority
					 110.1055,
					 110.201(1),
					 110.403(1),
					 110.605(1) FS.
					 Law Implemented  110.2035,
					  110.403,
					  110.603 FS.
New 1-6-02, Amended 4-3-03,
					 1-26-14.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-32 - COMPENSATION AND BENEFITS › Section 60L-32.0011 - Increases to Base Rate of Pay

Current through Reg. 50, No. 138; July 16, 2024
An agency may increase an employee's base rate of pay within
				  the established pay band at any time, based upon documented justification,
				  provided funds are available for the increase, and the increase is not
				  specifically prohibited by law.
Rulemaking Authority
					 110.1055,
					 110.201(1),
					 110.403(1),
					 110.605(1) FS.
					 Law Implemented  110.2035,
					  110.403,
					  110.603 FS.
New 1-1-02, Amended
					 4-3-03.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-32 - COMPENSATION AND BENEFITS › Section 60L-32.0013 - Reduction in Pay

Current through Reg. 50, No. 138; July 16, 2024
The following actions shall not constitute a reduction in
				  pay: removal of pay additives; actions to correct overpayments resulting from
				  erroneous application of the Florida Statutes, legislative appropriation,
				  Department rules, or agency pay procedures; legislatively mandated reductions,
				  including furloughs; or salary adjustments agreed to in lieu of a workforce
				  reduction.
Rulemaking Authority
					 110.1055,
					 110.201(1),
					  110.403 (1),
					 110.605(1) FS.
					 Law Implemented 110.403,
					  110.603 FS.
New 1-22-02,
					 1-26-14.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-32 - COMPENSATION AND BENEFITS › Section 60L-32.0014 - Computation of Overtime

Current through Reg. 50, No. 138; July 16, 2024
(1) Included
				employees shall be compensated for overtime in accordance with the FLSA. Such
				compensation may take the form of pay or FLSA compensatory leave credits as
				described in subsection
				 60L-34.0031(4),
				F.A.C.
(2) Payment for overtime
				shall be computed at the rate of one and one half times the employee's hourly
				regular rate of pay for the workweek or approved extended work period during
				which the overtime occurred.
(a) If an
				employee received a non-discretionary bonus, as defined in the FLSA, the amount
				of the bonus shall only be included in the regular rate of pay for overtime
				purposes during the work week or extended work period in which the bonus was
				received.
(b) If an employee is
				called back while in on-call status, only the actual time worked as a result of
				being called back shall be included for purposes of computing overtime
				compensation.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-32 - COMPENSATION AND BENEFITS › Section 60L-32.002 - Computation of Hourly Rate of Pay

Current through Reg. 50, No. 138; July 16, 2024
(1)
				All pay is computed on the basis of 2080 work hours annually, regardless of
				whether an employee is paid biweekly or monthly.
(2) Calculate hourly base rate of pay as
				follows:
Biweekly Base Rate of Pay x 26 = Hourly Base Rate of
				  Pay
2080 Hours
Monthly Base Rate of Pay x 12 = Hourly Base Rate of
				  Pay
2080 Hours
(3) Calculate hourly regular rate of pay as
				follows:
Biweekly Regular Rate of Pay x 26 = Hourly Regular Rate of
				  Pay
2080 Hours
Monthly Regular Rate of Pay x 12 = Hourly Regular Rate of
				  Pay
2080 Hours
(4) If an employee is paid at different rates
				of pay during a pay period, the employee's hourly pay at each rate shall first
				be determined as demonstrated above. Next, the number of hours worked at each
				hourly rate shall be multiplied by that hourly rate and the two amounts shall
				be added to obtain the total amount to be paid during that pay period. To
				determine the weighted average hourly rate of pay for the pay period, the total
				pay for that pay period is divided by the total hours worked during the pay
				period.
Rulemaking Authority
					 110.1055,
					 110.201(1),
					 110.403(1)(c),
					 110.605(1) FS.
					 Law Implemented  110.131,
					  110.2035,
					  110.403,
					  110.603 FS.
New 1-1-02, Amended 4-3-03,
					 1-26-14.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-32 - COMPENSATION AND BENEFITS › Section 60L-32.003 - Dual Employment and Dual Compensation

Current through Reg. 50, No. 138; July 16, 2024
(1) Provisions regarding employees entering
				into a dual employment and dual compensation agreement are provided in the Dual
				Employment and Dual Compensation Guidelines and Procedures for State Personnel
				System Agencies (1/26/14), hereby incorporated by reference. This guideline is
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-03643
.
(2) Employees seeking dual employment and
				dual compensation shall initiate a Dual Employment and Dual Compensation
				Request (Form DMS/HRM/DUAL eff. 1/26/14) hereby incporporated by reference, in
				accordance with the instructions on the form. This form is available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-03644
.
Rulemaking Authority
					 110.1055,
					 110.201(1),
					 110.403(1),
					 110.605(1) FS.
					 Law Implemented  110.131,
					  110.2035,
					  110.403,
					  110.605,
					  216.262(1)(e) 
					 FS.
New 1-6-02, Amended
					 1-26-14.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-32 - COMPENSATION AND BENEFITS › Section 60L-32.004 - Perquisites

Current through Reg. 50, No. 138; July 16, 2024
(1) Without prior Department approval, or a
				delegation of authority to approve, agencies in the executive branch shall not
				furnish perquisites or sell goods or services to state employees. The
				Department's primary criteria for approval are the ultimate benefit to the
				state and the exceptional or unique requirements of the position.
(2) Goods and services furnished or sold
				under this rule shall be considered as part of the employee's total
				compensation; therefore, the kind and value of goods and services shall be as
				uniform as practicable in similar situations. The value of goods and services
				shall not be used to compute the employee's base rate of pay or regular rate of
				pay unless specifically required by the Department to meet FLSA
				requirements.
(3) The following
				policies apply solely to sales of goods and services to state employees.
(a) The provisions of the law apply where
				items generally sold to the public are offered to state employees at a lower
				rate.
(b) Sale of goods and
				services to patients, inmates, or other persons who are not employees of the
				state shall not require approval under this rule.
(c) This rule does not govern the sale of
				state surplus property.
(d) In
				requesting approval of the sale of any goods or services, the agency head shall
				determine, as nearly as possible, the fair market value of the goods or
				services to be sold. The Department shall make the final decision as to the
				cost of the goods or services, but in no case shall a cost be established which
				is below the cost to the state for providing the goods or services.
(e) The selling price may be deducted from
				any amounts due by the state to any person receiving such goods and services.
				Receipts from such deductions, or other methods of payments, shall be accounted
				for by the employing agency.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-32 - COMPENSATION AND BENEFITS › Section 60L-32.005 - Benefits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 110.1055,
					 110.201(1),
					  110.403 (1)(c),
					 110.605(1) FS.
					 Law Implemented 110.403,
					  110.603 FS.
New 1-1-02, Amended 4-3-03, 5-20-08, 1-26-14, Repealed
					 12-27-15.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-32 - COMPENSATION AND BENEFITS › Section 60L-32.006 - Other Personal Services

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Notwithstanding anything in this Chapter 60L-32, F.A.C., to the contrary,
				employees paid from appropriations for other personal services are entitled
				only to the compensation expressly designated as available to them.
(2) The employing agency will determine the
				appropriate rate of pay; however, such payments shall be in compliance with the
				FLSA. Upon request, the Department shall help agencies determine how the FLSA
				applies to individual other personal services payments.
Rulemaking Authority
					 110.1055,
					 110.201(1) FS.
					 Law Implemented 110.131
					 FS.
New 1-6-02.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-32 - COMPENSATION AND BENEFITS › Section 60L-32.007 - Selected Exempt Service Extraordinary Payment Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 110.1055,
					  110.201 (1),
					 110.602,
					 110.605(1), (2)
					 FS. Law Implemented 110.201,
					  110.603 FS.
New 5-21-09, Repealed
					 10-8-12.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-32 - COMPENSATION AND BENEFITS › Section 60L-32.0071 - Selected Exempt Service Extraordinary Payment Plan

Current through Reg. 50, No. 138; July 16, 2024
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) The plan must be activated in writing by
				the agency head or designee and must document how the unforeseen extraordinary
				event or occurrence impacts recipients of agency mission critical services to
				justify plan activation.
(2) Plan
				activation shall be contingent upon the availability of adequate budget and
				funds for the compensation payments and shall include a beginning and ending
				date.
(3) The agency head or
				designee shall notify the Executive Office of the Governor, the President of
				the Senate, the Speaker of the House and the Department immediately upon each
				plan activation or extension by providing a copy of the activation or extension
				letter and any supporting documentation.
(4) Payment shall be made at the employee's
				straight time hourly regular rate of pay on an hour-for-hour basis for any
				hours worked in excess of the contracted hours during the regular work
				period.
(5) All hours worked in
				excess of the contracted hours in the regular work period and compensated as a
				result of a plan activation for an extraordinary event or occurrence shall be
				recorded in the State Personnel System Human Resource Information System using
				the code designated for SES Extraordinary Pay unless otherwise instructed by
				the Department.
(6) A record must
				be maintained of all hours worked and payments made in connection with each
				plan activation.
Rulemaking Authority
					 110.1055,
					  110.201 (1),
					 110.602,
					 110.605(1), (2)
					 FS. Law Implemented 110.201,
					  110.603 FS.
New 10-8-12.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.001 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 110.1055,
					  110.131 (3),
					  110.201 (1),
					  110.21 (2),
					 110.217(1)(a),
					 110.217(5),
					 110.403(1),
					 110.503(2),
					 110.605(1) FS.
					 Law Implemented 110.131,
					 110.201,
					 110.21,
					  110.213,
					  110.2135,
					  110.217,
					  110.227,
					  110.403,
					  110.503,
					  110.605 FS.
New 1-1-02, Repealed
					 1-26-14.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.003 - Status

Current through Reg. 50, No. 138; July 16, 2024
(1) Exempt Status - indicates that an
				employee is exempt from the Career Service as provided in Section
				 110.205, F.S.
(a) Employees appointed to fill positions in
				the Selected Exempt Service, Senior Management Service, or Other Personal
				Services shall be given exempt status.
(b) Employees with exempt status shall serve
				at the pleasure of the agency head and shall be subject to personnel actions at
				the discretion of the agency head. Such personnel actions tantamount to
				suspension, dismissal, reduction in pay, demotion, or transfer are exempt from
				the provisions of Section
				 110.227  and Chapter 120, of the
				Florida Statutes.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.0031 - Reinstatement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 110.1055,
					  110.201 (1),
					 110.217(1), (5)
					 FS. Law Implemented 110.201,
					  110.217 FS.
New 1-1-02, Amended 4-3-03, Repealed
					 1-26-14.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.00311 - Appointments

Current through Reg. 50, No. 138; July 16, 2024
(1) Appointments shall be made only to
				authorized positions that have been established in accordance with the
				provisions of Section
				 216.262, F.S.
(2) Appointments shall be made in accordance
				with the non-discrimination provisions of Section
				 110.105(2)(a),
				F.S., and other applicable federal or state non-discrimination laws.
(3) Agencies may appoint a current employee
				or an individual from outside the agency to a filled position for the purpose
				of:
(a) Training when the position's incumbent
				will be exiting the position. The training period shall not exceed 1040 hours
				during any twelve-month period unless the Department has approved a written
				request for an extension of the training period.
(b) Performing the duties of an incumbent who
				is on an extended leave of absence for active military service, when the leave
				of absence is expected to be for a minimum of 1040 hours.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.00312 - Demotion Appointments

Current through Reg. 50, No. 138; July 16, 2024
(1) A career
				service employee shall be given a demotion appointment when the appointment is
				to a position in a broadband level having a lower maximum salary or to a
				position in a broadband level having the same or higher maximum salary but a
				lower level of responsibility.
(2)
				Upon a demotion appointment the employee shall be given probationary status.
				However, the demotion appointment shall be with permanent status if all of the
				following conditions are met:
(a) The demotion
				is in the employee's current agency;
(b) The employee previously held permanent
				status in the position and the duties of such position have not substantially
				changed; and,
(c) The position is
				assigned to the same occupation and broadband level of the position previously
				held by the employee.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.00313 - Original Appointments

Current through Reg. 50, No. 138; July 16, 2024
(1) An employee
				shall be given an original appointment upon:
(a) Initial placement in an established
				career service position; or
(b)
				Placement with trainee status in the following programs: cooperative education
				program; vocational rehabilitation or blind services program; agency trainee
				program; or return to work program. Upon successful completion of a trainee
				program, the employee may be appointed to a position in the same occupation and
				broadband level requiring the same licensure, certification or registration
				requirement and required knowledge, skills, and abilities. Following the
				successful completion of a training program if the employee remains assigned to
				the position used for trainee purposes, the employee's status shall be changed
				from trainee to probationary; or
(c) Placement in an established career
				service position from a selected exempt service or senior management service
				position; or
(d) Appointment to a
				selected exempt service or senior management service
				position.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.00314 - Promotion Appointments

Current through Reg. 50, No. 138; July 16, 2024
(1) A career
				service employee shall be given a promotion appointment when the appointment is
				to a position in a broadband level having a higher maximum salary or to a
				position in a broadband level having the same or lower maximum salary but a
				higher level of responsibility.
(2)
				Upon a promotion appointment the employee shall be given probationary
				status.
Rulemaking Authority
					  110.105 5,
					 110.201(1),
					 110.217(1) FS.
					 Law Implemented 110.105,
					  110.217 FS.
New 1-26-14.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.00315 - Reassignment Appointments

Current through Reg. 50, No. 138; July 16, 2024
(1) A career
				service employee shall be given a reassignment appointment when the appointment
				is either:
(a) To a position in the same
				broadband level and same maximum salary but with different duties;
(b) To a position in the same broadband level
				and same maximum salary, regardless of the duties, but to a different agency;
				or
(c) To a position in a different
				broadband level having the same maximum salary.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.00316 - Lateral Action Appointments

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				career service employee shall be given a lateral action appointment when the
				appointment is to another position in the same agency that is in the same
				occupation, same broadband level with the same maximum salary, and has
				substantially the same duties and responsibilities.
(2) Upon a lateral action appointment, the
				employee shall retain the status they held in their previous position. If
				probationary, time spent in the previous position shall count toward completion
				of the required probationary period for the new position.
Rulemaking Authority
					  110.105 5,
					 110.201(1),
					 110.217(1) FS.
					 Law Implemented 110.105,
					  110.217 FS.
New 1-26-14.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.00317 - Reinstatement Appointments

Current through Reg. 50, No. 138; July 16, 2024
(1) A career
				service employee who separates and is not on the payroll of any State Personnel
				System entity at any time during the interim period may, upon approval by the
				agency head or designee, be given a reinstatement appointment if the employee
				returns to the same position within the same agency within 31 calendar days
				from the effective date of the separation. Such employee shall be:
(a) Appointed with the same employment
				status, pay, and benefits held by the employee at the time of separation from
				the agency.
(b) Treated as if they
				have been continuously employed. However, the employee shall be placed on leave
				without pay for any portion of the interim period.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.0032 - Shared Employment

Current through Reg. 50, No. 138; July 16, 2024
(1) Agencies shall
				identify a shared employment position as a single position, which will retain
				its unity for purposes of classification, assignment to a pay band, and other
				personnel transactions that apply to the position.
(2) An agency may designate a position for
				shared employment under the following circumstances.
(a) When a new position is established or an
				existing position becomes vacant, the agency shall review the position to
				determine whether two or more employees could perform the responsibilities of
				the position as adequately, or more adequately, than a single
				employee.
(b) Upon the written
				request or consent of an incumbent, the agency shall evaluate the incumbent's
				position for suitability for shared employment and, upon a favorable
				evaluation, the agency may appoint the incumbent to the shared employment
				position with the same status as was held in the full-time
				position.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.0033 - Appointment of Veterans

Current through Reg. 50, No. 138; July 16, 2024
An honorably discharged veteran seeking preference under
				  Section  295.07,
				   295.08, or
				   295.085, F.S., must furnish
				  documentation in accordance with Rule
				   55A-7.013,
				  F.A.C.
Rulemaking Authority
					 110.1055,
					 110.201(1),
					 110.217(1) FS.
					 Law Implemented  110.2135,
					  295.07,
					  295.08,
					  295.085 FS.
New 1-1-02, Amended 4-3-03, 1-26-14,
					 2-15-23.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.0034 - Criteria for Executive Search Firms

Current through Reg. 50, No. 138; July 16, 2024
If an agency has not succeeded with an in-house search for a
				  person to appoint to a senior management service position, the agency may
				  contract with a person or firm to conduct a multistate executive search,
				  provided the person or firm satisfies the following criteria:
(1) Willingness to accept contingency
				contracts with fees not to exceed thirty percent of the annual salary of the
				applicant, to be paid upon employment of an applicant produced by the
				search.
(2) Demonstrated capacity
				to perform effectively at competitive industry prices.
(3) Evidence of successful placements in the
				public sector by level and type of placement.
(4) Agreement for the delivery of services
				within ninety calendar days from the date of the requested search by the
				employing agency, unless an extension is granted by the agency.
(5) Evidence of ability to attract minorities
				and women into applicant pools generated for previous
				clients.
Specific Authority
					 110.1055,
					 110.403(3)(c)
					 FS. Law Implemented 110.105(1),
					 110.403
					 FS.
New 1-8-02.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.005 - Other Personal Services Employment

Current through Reg. 50, No. 138; July 16, 2024
(1) Other personal services ("OPS")
				employment is an employer/employee relationship used solely for the completion
				of short term or intermittent tasks. OPS employees:
(a) Do not fill established
				positions.
(b) Are not eligible for
				any paid leave, holiday or personal holiday, retirement or any other employee
				benefit program unless provided by law.
(c) May be eligible for state group insurance
				subject to the provisions of Section
				 110.123, F.S.
(d) May participate in an agency's
				recognition and rewards or telework program.
(e) May participate in the state's deferred
				compensation program as provided in Section
				 112.215, F.S.
(f) May participate in the Employee
				Assistance Program (EAP).
(g) Shall
				participate in the State of Florida 401(a) FICA Alternative Plan (social
				security alternative plan), Workers Compensation and Reemployment Assistance
				(unemployment compensation) programs, unless otherwise exempted by
				law.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.006 - Volunteers

Current through Reg. 50, No. 138; July 16, 2024
(1) Agencies shall determine appropriate
				duties, if any, for volunteers. Agencies may conduct programs to increase
				agency and public awareness regarding the importance of volunteers to the goals
				and operation of the agency. Such programs may include awards and other forms
				of recognition to demonstrate appreciation for volunteer service.
(2) A state employee whose primary employment
				consists of duties and responsibilities similar to those associated with the
				volunteer activities may not be considered for volunteer work if such work
				would require payment for overtime in accordance with the FLSA.
(3) Agencies may conduct recruitment
				campaigns to attract suitable volunteers to meet agency needs. Agencies shall
				conduct screening appropriate to the needs of the volunteer position.
(4) Agencies shall make available to
				volunteers information regarding the duties and responsibilities of the
				volunteer position. Agencies shall supervise volunteers toward accomplishing
				the needs of the unit to which they are assigned.
Specific Authority
					 110.1055,
					 110.201(1),
					 110.503(2) FS.
					 Law Implemented 110.503
					 FS.
New 1-1-02.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.0065 - Separations

Current through Reg. 50, No. 138; July 16, 2024
(1) Separation is the act of removing an
				employee from an established position due to severance of employment from the
				agency, or removing an employee from Other Personal Services
				employment.
(2) Agencies are
				responsible for processing employee separations on a timely basis through the
				State Personnel System's human resource information system and shall use one of
				the following separation types and corresponding reason:
(a) Voluntary Separations:
1. Move to Private Sector - this reason shall
				be used when the employee communicates to the agency that the reason for the
				separation is to accept employment with a non-government entity.
2. Move within State of Florida Government -
				this reason shall be used when the employee communicates to the agency that the
				reason for the separation is to accept employment with another state government
				entity.
3. Other - this shall be
				used when any reason other than those indicated in this rule or no reason is
				given by the employee. This reason shall also be used when the employee retires
				under the Public Employees Optional Retirement Plan (investment
				plan).
4. Retirement - this reason
				shall be used when the employee retires under a state pension plan or completes
				their Deferred Retirement Option Program (DROP) participation.
5. End of Appointment Period - this reason
				shall be used when the agency separates an employee at the end of a
				time-limited appointment.
6. Move
				to non-State of Florida Government - this reason shall be used when the
				employee communicates to the agency that the reason for the separation is to
				accept employment with a local government entity.
7. Abandonment - this reason shall be used
				when an agency separates an employee due to an employee's absence from the job
				without approved leave for a minimum of five consecutive work days and the
				employee's conduct or circumstances imply no intent to return. Abandonment is
				deemed to be an unwritten resignation.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-33 - APPOINTMENTS AND STATUS › Section 60L-33.007 - Equal Employment Opportunity and Affirmative Action (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 110.1055,
					 110.112(2),
					 110.112(2)(a),
					 110.1221,
					 110.201(1)(a)
					 FS. Law Implemented  110.105(2),
					  110.112(1),
					  110.1221,
					  110.233(1),
					  110.403(1)(h),
					  110.605(1)(d) 
					 FS.
New 1-1-02, Amended 4-3-03, Transferred to
					  60L-40.002.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-34 - ATTENDANCE AND LEAVE › Section 60L-34.001 - Scope and Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 110.1055,
					 110.201,
					 110.219(5) FS.
					 Law Implemented 110.122,
					 110.1522,
					 110.219,
					 216.251
					 FS.
New 1-1-02, Repealed
					 12-27-15.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-34 - ATTENDANCE AND LEAVE › Section 60L-34.002 - General Agency Responsibilities

Current through Reg. 50, No. 138; July 16, 2024
Each agency shall ensure compliance with Section 110.219 of
				  the Florida Statutes and this chapter as follows:
(1) Monitor hours worked by employees to
				ensure proper compensation.
(2)
				Monitor overtime to ensure compliance with the FLSA.
(3) Maintain accurate records of attendance,
				leave, and overtime worked and compensated.
(4) Report immediately to the Department any
				charge by an employee(s), or the U.S. Department of Labor, that the agency is
				or may be in violation of the FLSA or this chapter regarding
				overtime.
(5) Instruct employees in
				the proper scheduling, use, and recording of leave and attendance, and the
				proper earning and recording of hours worked including overtime.
(6) Monitor the actual duties performed by
				included and excluded employees to ensure continued accuracy of overtime
				designations. Notify the Department immediately of any change in duties that
				might affect the designation.
Specific Authority
					 110.1055,
					 110.201,
					 110.219(5) FS.
					 Law Implemented 110.219
					 FS.
New 1-22-02.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-34 - ATTENDANCE AND LEAVE › Section 60L-34.003 - Work Schedules

Current through Reg. 50, No. 138; July 16, 2024
(1) An agency may
				place an employee on a permanent regular schedule of more or less than an
				eight-hour workday. Before implementing changes to the regular work schedule,
				agencies shall give written notice to all affected employees, with attention
				given to requirements of collective bargaining agreements.
(2) The Department may approve an extended
				work period under the FLSA.
Specific Authority
					 110.1055,
					 110.201,
					 110.219(5) FS.
					 Law Implemented 110.219
					 FS.
New 1-1-02.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-34 - ATTENDANCE AND LEAVE › Section 60L-34.0031 - Regular Time and Overtime

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Agencies shall pay the following at the employee's current straight time hourly
				regular rate of pay: the first 40 hours of work; hours in an approved extended
				work period; and hours in the regular work period for excluded employees,
				including holidays, leave with pay, and any other non-work time for which the
				employee is paid during these designated periods.
(2) Agencies shall refer to the FLSA
				regarding what constitutes compensable hours of work.
(3) Employees filling excluded positions in
				the selected exempt service and the senior management service are expected to
				work the necessary hours required, and shall not be paid overtime unless
				required by law or otherwise approved by the Department.
(4) In lieu of overtime payment, an employee
				in an included position who is eligible for overtime may, if agreed by the
				employee and the agency, waive cash payment for overtime, and the agency shall
				credit FLSA compensatory time as follows:
(a)
				At the end of the workweek or extended period, credit all overtime hours
				designated as FLSA compensatory time at the rate of one and one-half hours
				credit for each hour of overtime worked.
(b) Allow the employee to use the credits in
				increments agreed by the employee and the supervisor. Absent agreement, the
				supervisor may, with a minimum of five workdays notice, require the employee to
				use the credits at any time in increments of full workdays.
(c) The agency may allow the accrual and
				payment of FLSA compensatory leave credits on a biannual or annual basis. The
				agency shall report in writing to the Department the payment dates they have
				adopted.
1. An employee accruing and receiving
				payment biannually shall be allowed to accumulate a maximum of 80 hours of
				credits. At the close of business on December 31 and June 30 of each year, or
				two other biannual dates approved by the Department, the agency shall pay the
				employee for all unused credits at the employee's current straight time regular
				hourly rate of pay, in accordance with the FLSA.
2. An employee accruing and receiving payment
				annually shall be allowed to accumulate a maximum of 160 hours of credits. At
				the close of business on December 31 of each year, or on another annual date
				approved by the Department, the agency shall pay the employee for all unused
				credits at the employee's current straight time regular hourly rate of pay, in
				accordance with the FLSA.
(d) If the employee separates from the agency
				or moves to an excluded position with accumulated credits, pay the employee for
				all unused credits at the employee's current straight time regular hourly rate
				of pay or the rate in effect when the leave was accrued, whichever is greater,
				in accordance with the FLSA.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-34 - ATTENDANCE AND LEAVE › Section 60L-34.0032 - Holidays

Current through Reg. 50, No. 138; July 16, 2024
(1) All employees are entitled to observe the
				holidays identified in Section 110.117 of the F.S.; provided, that to be
				eligible for holiday pay, an employee must be in pay status (actual work or
				paid leave) for at least a portion of the workday before the holiday. If an
				excluded employee in a senior management service position or a selected exempt
				service position is unable to observe a holiday, the employee may take an
				alternate day off during the work period; provided, that if the employee is
				unable to observe the holiday, the employee is not eligible for special
				compensatory leave as described below.
(2) For part-time employees, agencies shall
				credit a prorated number of holiday hours, based on the number of hours
				regularly worked during the workweek, using the following formula:
(8 Hours x Number of Hours Worked Per Week)/40 Hours = Hours
				  of Credit for the Holiday
(3) For full-time employees, agencies shall
				credit holidays as follows:
(a) If the holiday
				is observed on the employee's established workday and the employee is not
				required to work, credit the employee with a holiday equal to the hours in the
				employee's established workday. However, if the holiday falls on an established
				workday of less than eight hours, credit the employee with an eight-hour
				holiday.
(b) If the holiday is
				observed on the employee's established day off, credit the employee with an
				eight-hour holiday.
(c) For career
				service employees, if the holiday is observed on the employee's established
				workday and the employee is required to work, credit the employee with special
				compensatory leave equal to the time worked on the holiday, not to exceed the
				number of hours in the employee's established workday. However, if the holiday
				falls on an established workday of less than eight hours, credit the employee
				with an eight-hour holiday.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-34 - ATTENDANCE AND LEAVE › Section 60L-34.0041 - Annual Leave

Current through Reg. 50, No. 138; July 16, 2024
(1) Employees in senior
				management service and selected exempt service positions shall be credited with
				176 hours of annual leave.
(2)
(a) Full-time employees in career service
				positions shall earn annual leave as follows. Employees shall be entitled to
				use all previous state government creditable service immediately upon
				reemployment for determining eligibility for higher annual leave credits.
Length of Service
Hours of Leave Earned During Pay Period
Monthly
Biweekly
Through 60 months
8.667 hours
4 hours
61 through 120 months
10.833 hours
5 hours
Over 120 months
13 hours
6 hours
(b)
				Career service employees who work less than a full pay period due to initial
				employment or separation during a pay period, part-time work, transfer between
				agencies, or leave of absence without pay, shall earn annual leave credits for
				the hours worked during that pay period as follows:
Biweekly Pay Period
Number of Hours Actually Worked
0 to 5 Years
5 to 10 Years
Over 10 Years
Less than 17
0
0
0
17 through 32.99
1
1.25
1.5
33 through 47.99
2
2.5
3
48 through 63.99
3
3.75
4.5
64 or more
4
5
6
Monthly Pay Period
Number of Hours Actually Worked
0 to 5 Years
5 to 10 Years
Over 10 Years
Less than 36
0
0
0
36 through 70.99
2.167
2.708
3.25
71 through 103.99
4.333
5.417
6.5
104 through 138.99
6.5
8.125
9.75
139 or more
8.667
10.833
13
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-34 - ATTENDANCE AND LEAVE › Section 60L-34.0042 - Sick Leave

Current through Reg. 50, No. 138; July 16, 2024
(1) Employees in senior
				management service and selected exempt service positions shall be credited with
				104 hours of sick leave.
(2)
(a) Full-time career service employees paid
				on a monthly basis shall earn eight hours and forty minutes of sick leave for
				each full calendar month of employment. Full-time career service employees paid
				on a biweekly basis shall earn four hours of sick leave for each full biweekly
				period worked.
(b) Part-time career
				service employees and career service employees who work less than a full pay
				period due to initial employment or separation during a pay period, transfer
				between agencies, or leave of absence without pay, shall earn sick leave
				credits for the hours worked during that pay period as follows:
Biweekly Pay Period
Number of Hours Actually Worked
Hours of Sick Leave Credit
Less than 17
0
17 through 32.99
1
33 through 47.99
2
48 through 63.99
3
64 or more
4
Monthly Pay Period
Number of Hours Actually Worked
Hours of Sick Leave Credit
Less than 36
0
36 through 70.99
2.167
71 through 103.99
4.333
104 through 138.99
6.500
139 or more
8.667
(c)
				There shall be no limit on the number of hours of unused sick leave an employee
				may accrue.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60L-34 - ATTENDANCE AND LEAVE › Section 60L-34.00421 - Paid Parental Leave Following the Birth or Adoption of a Child

Current through Reg. 50, No. 138; July 16, 2024
(1) Paid parental leave following the birth
				or adoption of a child counts as hours of pay but does not count as hours of
				work for overtime purposes.
(2)
				Approval of paid parental leave following the birth or adoption of a child
				under subsection (3) of this rule is limited to an amount necessary to bring
				the employee to full pay for the number of scheduled hours of work in the
				workweek, extended work period, or regular work period for excluded employees.
				In no case shall the approval of this paid leave cause the employee to exceed
				scheduled hours during the workweek, extended work period, or regular work
				period for excluded employees.
(3)
				An agency shall provide paid parental leave for the following:
(a) Maternity Leave: Leave granted for
				absences from the workplace for an employee's recovery period immediately
				following childbirth, which shall have the meaning of the defined term set
				forth in section  382.002(12),
				F.S. Such leave shall be granted for a period of up to seven consecutive
				calendar weeks, which begins on the first full calendar day following a
				documented birth.
(b) Care and
				Bonding Leave: Leave granted for an absence from the workplace following a
				documented birth or adoption of an employee's child to care for and bond with
				the child. The documentation shall identify the employee as a legal parent to
				the child. Such leave shall be granted for a period of up to two weeks within
				one year following the birth or adoption and may be granted on an intermittent
				basis.