26339979, 60LER22-2 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 26339979

Notice of Emergency Rule

Department:

DEPARTMENT OF MANAGEMENT SERVICES

Division:

Personnel Management System

Overview

RULE:

60LER22-2

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 Orders 22-218 and 22-219 declared a state of emergency for the State of Florida because Tropical Depression 9, now Hurricane Ian, 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 equitable leave to agency employees whose safety could be affected by Hurricane Ian; 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, F.A.C., prohibiting the use of administrative leave by employees on prior approved leaves of absence or scheduled holidays during an emergency.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Kristen G. Larson, General Counsel, Department of Management Services, 4050 Esplanade Way, Suite 160, Tallahassee, FL 32399-0950, (850) 922-2137, Kristen.Larson@dms.fl.gov.

PRINT PUBLISH DATE:

9/28/2022 Vol. 48/189

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=60LER22-2&PDate=9/28/2022&Section=4

REFERENCE MATERIALS:

No reference(s).

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