Florida Administrative Code

(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 ra…

Rulemaking Authority 110.1055, 110.201(1), 110.602, 110.605(1), (2) FS. Law Implemented 110.201, 110.603 FS. History-New 5-21-09, Repealed 10-8-12.

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…

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. History-New 1-1-02, Repealed 1-26-14.

(1) Agencies shall fill established positions with one of the following types of appointments: original, promotion, demotion, reassignment, lateral action, or reinstatement. (2) A person appointed to a position must meet licensure, certification or registration requirements estab…

(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) …

Rulemaking Authority 110.1055, 110.201(1), 110.217(1), (5) FS. Law Implemented 110.201, 110.217 FS. History-New 1-1-02, Amended 4-3-03, Repealed 1-26-14.

(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 applicab…

(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) Upo…

(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…

(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) U…

(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, regardle…

(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. …

(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 wi…

(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 empl…

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. …

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) Willin…

(1) Agencies may effect a layoff for a variety of reasons, including budget cuts, program reductions resulting from outsourcing or privatization efforts, or program phase-outs. Agencies shall accomplish a layoff in an orderly, systematic, and uniform manner in accordance with thi…

(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, reti…

(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 reco…

(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 throu…

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. History-New 1-1-02, Amended 4-3-03, Transferred to 60L-40.002.

Rulemaking Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.122, 110.1522, 110.219, 216.251 FS. History-New 1-1-02, Repealed 12-27-15.

Each agency shall ensure compliance with Section 110.219 of the F.S., 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…

(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 collecti…

(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…

(1) All employees are entitled to observe the holidays identified in Section 110.117, 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 employ…

(1) Leaves of absence with or without pay shall be in writing and approved before leave is taken. If an emergency prevents prior approval, the employee shall request such approval, with appropriate justification, as soon as reasonably possible. (2) An employee granted a leave of …

(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 gove…

(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 o…

(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 a…

(1) If an agency requires an excluded career service employee to work hours in excess of the regular work period or an approved extended work period, the employee shall, with agency approval, earn regular compensatory leave credits on an hour-for-hour basis; provided, no employee…

(1) When an employee separates from an agency, the agency shall pay the employee for unused special compensatory leave credits at the employee's current regular hourly rate of pay, unless otherwise provided in an applicable collective bargaining agreement. (2) Leave credits shall…

(1) Agencies are encouraged to exercise their authority under the Family Support Personnel Policies Act to balance employees' abilities to work and to devote care and attention to their families. (2) Agencies may approve flexible work schedules to assist employees in meeting fami…

(1) An employee may, upon request, be granted leave without pay to cover any absence from work, for a period not to exceed twelve months, provided the agency deems such leave to be justified and not detrimental to the operations of the agency. An agency may approve the use of int…

(1) The following provisions govern job-connected disability leave with pay: (a) An employee who sustains a job-connected disability that is compensable under Chapter 440, F.S., shall be carried in full-pay status for up to forty work hours without being required to use accrued l…

(1) An employee, except an employee who is a commissioned reserve officer or reserve enlisted personnel in the United States military or naval service or member of the National Guard, or who is employed in a temporary position or employed on a temporary basis, who is drafted or w…

(1) Administrative leave counts as hours of pay, but does not count as hours of work for overtime purposes. (2) Approval of administrative leave, under subsection (3) of this rule or otherwise, is limited to an amount necessary to bring the employee to full pay for forty hours of…

(1) Agencies shall submit to the Department any program for employees to take educational leave with pay. (2) Each agency's educational leave with pay program shall have the following as its objectives: (a) To develop participating employees' knowledge, skills, and ability to mee…

This chapter sets forth the rules governing a uniform Performance Evaluation System, for reviewing and evaluating the job performance of employees in the state's Career Service and employees in the Selected Exempt Service covered by collective bargaining agreements. The Performan…

For the purpose of administering this chapter, the following definitions shall apply: (1) Agency Designated Evaluation Date - The date selected by an agency which begins the 60-day period within which annual evaluations shall be completed. An agency may select up to four (4) desi…

(1) The rater shall conduct a performance planning session with the employee to identify the performance expectations by which an employee shall be evaluated and to review the performance expectations and rating scale. The rater shall also provide an opportunity for employee feed…

(1) Agencies shall comply with this performance evaluation rule when reviewing and evaluating the performance of Career Service employees. (2) Upon original appointment, promotion, demotion, or reassignment to a position with significantly different job duties or responsibilities…

(1) Agencies shall comply with this performance evaluation rule when reviewing and evaluating the performance of Selected Exempt Service employees covered by collective bargaining agreements. (a) Upon original appointment to a position with significantly different job duties or r…

Rulemaking Authority 110.1055, 110.201, 110.224(3), 110.605 FS. Law Implemented 110.1245(2)(b)5., 110.224, 110.227, 110.605(1)(b) FS. History-New 6-19-08, Repealed 12-27-15.

Rulemaking Authority 110.1055, 110.1221, 110.201(1), 110.227(2), 110.233, 110.403(1), 110.403(5), 110.605(1), 110.605(4) FS. Law Implemented 110.1221, 110.201, 110.227, 110.403, 110.605 FS. History-New 1-1-02, Repealed 12-27-15.

(1) Section 110.233(4)(a), F.S., prohibits a career service employee from holding, or being a candidate for, public office while in the employment of the state or taking any active part in a political campaign while on duty or within the period of time during which the employee i…