RULE NO: RULE TITLE
60L-32.007: Selected Exempt Service Extraordinary Payment Plan

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 46, November 14, 2008 issue of the Florida Administrative Weekly.

As a result of comments received and read into the record at the public hearing held on February 13, 2009 and March 27, 2009, the following changes have been made to the rule:

60L-32.007 Selected Exempt Service Extraordinary Payment Plan.

Notwithstanding the provisions of subsection 60L-34.0031(3), F.A.C., an agency/department 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 due to extraordinary circumstances or critical agency/department need subject to the following:

(1) The plan must be activated in writing by the agency/department head or designee and must document how the unforeseen extraordinary event or occurrence impacts recipients of agency mission critical services to the critical agency/department need, or extraordinary circumstances which include danger or potential danger to life, physical or mental health of employees, clients, the public or to other recipients of services provided by the agency which justify plan activation.

(2) No change.

(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)(3) No change.

(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)(4) No change.

The provisions of this rule section shall expire effective July 1, 2012.

Rulemaking Specific Authority 110.1055, 110.201(1) 110.602, 110.605(1), (2) FS. Law Implemented 110.201, 110.603 FS. History– New ________.