18016409, 60LER16-1 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18016409

Notice of Emergency Rule

Department:

DEPARTMENT OF MANAGEMENT SERVICES

Division:

Personnel Management System

Overview

RULE:

60LER16-1

Suspension 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.

REASON FOR CONCLUDING THAT THE PROCEDURE 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:

This rule suspends the provision of Rule 60L-34.0071 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, 850.488.1280, michael.greif@dms.myflorida.com

PRINT PUBLISH DATE:

9/16/2016 Vol. 42/181

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=60LER16-1&PDate=9/16/2016&Section=4

REFERENCE MATERIALS:

No reference(s).

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