Fla. Admin. Code tit. 60 | Fla. Admin. Code Title 60 — Department of Management Services

Division 60BB Agency for Workforce Innovation

Chapter 60BB-1 WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES

Fla. Admin. Code R. 60BB-1.001 Definitions

History

Rulemaking Authority 20.50, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.001.

Fla. Admin. Code R. 60BB-1.002 Filing Grievances and Complaints

History

Rulemaking Authority 20.50, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.002.

Fla. Admin. Code R. 60BB-1.003 WIA, WT and WtW Hearing and Appeals Chart

History

Rulemaking Authority 20.50, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.003.

Fla. Admin. Code R. 60BB-1.004 Process for Filing Grievances and Complaints with RWBs

History

Rulemaking Authority 20.50, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.004.

Fla. Admin. Code R. 60BB-1.005 Grievance and Complaint Hearing Process at RWB Level

History

Rulemaking Authority 20.50, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.005.

Fla. Admin. Code R. 60BB-1.006 The Appeal of RWB Decisions or Lack of Action

History

Rulemaking Authority 20.50, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.006.

Fla. Admin. Code R. 60BB-1.007 Appeal and Review of RWB Decisions by the State

History

Rulemaking Authority 20.50, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.007.

Fla. Admin. Code R. 60BB-1.008 State Level Original Grievance and Complaint Hearing Process for WIA, WT and WtW Programs

History

Rulemaking Authority 20.50, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.008.

Fla. Admin. Code R. 60BB-1.009 Remedies

History

Rulemaking Authority 20.50, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.009.

Fla. Admin. Code R. 60BB-1.010 Judicial Appeal of a Final State Agency Decision

History

Rulemaking Authority 20.50, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.010.

Fla. Admin. Code R. 60BB-1.011 Special Review of Final State Agency Decisions

History

Rulemaking Authority 20.50, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Repealed 9-14-11.

Fla. Admin. Code R. 60BB-1.012 Federal Level Appeal Process

History

Rulemaking Authority 20.50, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.012.

Fla. Admin. Code R. 60BB-1.013 Complaint Procedures Related to Wagner-Peyser Job Service Activities

History

Rulemaking Authority 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.013.

Fla. Admin. Code R. 60BB-1.014 Regional Workforce Board/One-Stop JS and MSFW Complaint and Resolution Procedures

History

Rulemaking Authority 20.50, 120.54(6), 445.003(4) FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.014.

Fla. Admin. Code R. 60BB-1.015 Reporting Criminal Fraud and Abuse, Discrimination, Health and Safety, and Employment Complaints and Violations

History

Rulemaking Authority 20.50, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.015.

Fla. Admin. Code R. 60BB-1.016 Reporting WIA, WT, WtW, and Wagner-Peyser Discrimination Complaints

History

Rulemaking Authority 20.50, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.016.

Fla. Admin. Code R. 60BB-1.017 Contact Entities for Discrimination, Employment, Health and Safety, or Florida Law Violations and Complaints

History

Rulemaking Authority 20.50, 120.54(6), 445.004 Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.017.

Fla. Admin. Code R. 60BB-1.018 Other Legal Rights

History

Rulemaking Authority 20.50, 120.54(6), 445.004 Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Transferred to 73B-1.018.

Chapter 60BB-2 FLORIDA UNEMPLOYMENT COMPENSATION TAX

Fla. Admin. Code R. 60BB-2.022 Definitions

History

Rulemaking Authority 443.1317 FS. Law Implemented 443.036(11), 443.1217, 443.131, 443.1316, 443.141, 443.171 FS. History–New 8-25-92, Amended 12-28-97, 12-23-98, 5-3-99, Formerly 38B-2.022, Amended 1-19-03, 7-18-06, Transferred to 73B-10.022.

Fla. Admin. Code R. 60BB-2.023 General Reporting Information

History

Rulemaking Authority 443.1317, FS. Law Implemented 443.131, 443.141, 443.171 FS. History–New 8-25-92, Amended 12-28-97, Formerly 38B-2.023, Amended 1-19-03, 7-18-06, Transferred to 73B-10.023.

Fla. Admin. Code R. 60BB-2.024 Employer Registration Reports and Determinations of Liability

History

Rulemaking Authority 443.1317, FS. Law Implemented 443.131, 443.141(2), 443.171(5) FS. History–New 8-25-92, Formerly 38B-2.024, Amended 1-19-03, 7-18-06, Transferred to 73B-10.024.

Fla. Admin. Code R. 60BB-2.025 Reports Required of Liable Employers

History

Rulemaking Authority 443.1317 FS. Law Implemented 443.036(18), 443.1216, 443.131, 443.141, 443.163, 443.171(5) FS. History–New 8-25-92, Formerly 38B-2.025, Amended 1-19-03, 7-18-06, 2-24-10, Transferred to 73B-10.025.

Fla. Admin. Code R. 60BB-2.026 Determinations to Liable Employers

History

Rulemaking Authority 443.1317 FS. Law Implemented 443.131(3), 443.1312, 443.1313, 443.141(2)(b), 443.151(3)(c), (d), (4)(b) FS. History–New 8-25-92, Formerly 38B-2.026, Amended 1-19-03, 7-18-06, Transferred to 73B-10.026.

Fla. Admin. Code R. 60BB-2.027 Payment of Contributions

History

Specific Authority 443.1317 FS. Law Implemented 443,036(10), 443.121, 443.131, 443.141, 443.171(1), 443.191 FS. History–New 8-25-92, Formerly 38B-2.027, Amended 1-19-03, 7-18-06, 12-11-06, Transferred to 73B-10.027.

Fla. Admin. Code R. 60BB-2.028 Delinquent Accounts

Rulemaking c Authority 443.1317 FS. Law Implemented 443.121(4), 443.131, 443.1312, 443.1313, 443.1315, 443.141 FS. History–New 8-25-92, Amended 12-23-98, Formerly 38B-2.028, Amended 1-19-03, 7-18-06, Transferred to 73B-10.028.

Fla. Admin. Code R. 60BB-2.029 Changing Methods of Financing Benefit - Nonprofit and Governmental Employers

History

Rulemaking Authority 443.1317 FS. Law Implemented 443.131, 443.1312, 443.1313 FS. History–New 8-25-92, Formerly 38B-2.029, Amended 1-19-03, 7-18-06, Transferred to 73B-10.029.

Fla. Admin. Code R. 60BB-2.031 Succession and Transfer of Unemployment Experience

History

Rulemaking Authority 443.1317 FS. Law Implemented 443.036(18), (20), 443.1215, 443.131(3) FS. History–New 8-25-92, Amended 12-7-97, Formerly 38B-2.031, Amended 1-19-03, 7-17-06, Transferred to 73B-10.031.

Fla. Admin. Code R. 60BB-2.032 Employing Unit Records

History

Rulemaking Authority 443.1317 FS. Law Implemented 443.071(2), (3), 443.141(2), 443.171 FS. History–New 8-25-92, Formerly 38B-2.032, Amended 1-19-03, 7-18-06, 12-27-06, Transferred to 73B-10.032.

Fla. Admin. Code R. 60BB-2.035 Protests of Liability, Assessment, Reimbursements, and Tax Rate - Special Deputy Hearings

History

Rulemaking Authority 443.1317, 443.171(2) FS. Law Implemented 120.569, 120.57(1), (2), 443.036(19), (20), (21), 443.131(3), 443.141(2), (3), 443.151, 433.171(1), (6), (7), (8), (9) FS. History–New 8-25-92, Formerly 38B-2.035, Amended 1-19-03, 7-18-06, Transferred to 73B-10.035.

Fla. Admin. Code R. 60BB-2.036 Unemployment Compensation Tax for Indian Tribes

History

Rulemaking Authority 443.1315(7), 443.1317 FS. Law Implemented 443.1315 FS. History–New 7-29-03, Amended 7-18-06, Transferred to 73B-10.036.

Fla. Admin. Code R. 60BB-2.037 Public Use Forms

History

Rulemaking Authority 443.1317 FS. Law Implemented 443.131, 443.141, 443.171(5) FS. History–New 1-19-03, Amended 7-8-04, 7-18-06, 12-27-06, Transferred to 73B-10.037.

Chapter 60BB-3 FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS

Fla. Admin. Code R. 60BB-3.011 Definitions

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.091, 443.1116, 443.151(2), (3) FS. History–New 8-25-92, Amended 12-23-98, Formerly 38B-3.011, Amended 8-14-08, Tranferred to 73B-11.011.

Fla. Admin. Code R. 60BB-3.012 Maintaining an Address of Record

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.151 FS. History–New 8-14-08, Tranferred to 73B-11.012.

Fla. Admin. Code R. 60BB-3.013 Filing Claims and Providing Documentation

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.091, 443.101, 443.1116 FS. History–New 8-25-92, Formerly 38B-3.013, Amended 8-14-08, 11-27-11, Tranferred to 73B-11.013.

Fla. Admin. Code R. 60BB-3.015 Continued Claims for Benefits

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091(1), 443.111(1), 443.151(2) FS. History–New 8-25-92, Amended 4-1-96, Formerly 38B-3.015, Amended 8-14-08, 11-27-11, Tranferred to 73B-11.015.

Fla. Admin. Code R. 60BB-3.0155 Payment of Benefits

History

Rulemaking Authority 443.111(1)(a), 443.1317(1)(b) FS. Law Implemented 443.111(1)(a) FS. History–New 12-4-11, Tranferred to 73B-11.0155.

Fla. Admin. Code R. 60BB-3.016 Monetary Determinations

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.091, 443.101, 443.151(3) FS. History–New 8-25-92, Formerly 38B-3.016, Amended 8-14-08, Tranferred to 73B-11.016.

Fla. Admin. Code R. 60BB-3.017 Nonmonetary Determinations

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101, 443.151(3) FS. History–New 8-25-92, Formerly 38B-3.017, Amended 8-14-08, Tranferred to 73B-11.017.

Fla. Admin. Code R. 60BB-3.018 Determinations Regarding Charges to Employer Accounts in Connection with Claims for Benefits

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.131(3) FS. History–New 8-25-92, Formerly 38B-3.018, Amended 8-14-08, Transferred to 73B-11.018.

Fla. Admin. Code R. 60BB-3.019 Determinations Regarding Suitable Work

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091(1), 443.101(2) FS. History–New 8-25-92, Formerly 38B-3.019, Amended 8-14-08, Tranferred to 73B-11.019.

Fla. Admin. Code R. 60BB-3.020 Determinations Regarding Discharge for Misconduct

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036(29), 443.101(1)(b), (9) FS. History–New 8-25-92, Formerly 38B-3.020, Amended 8-14-08, Tranferred to 73B-11.020.

Fla. Admin. Code R. 60BB-3.021 Determinations Regarding Ability to Work and Availability for Work

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101 FS. History–New 8-25-92, Formerly 38B-3.021, Amended 8-14-08, Tranferred to 73B-11.021.

Fla. Admin. Code R. 60BB-3.022 Determinations Regarding Approved Training

History

Rulemaking Authority 443.1371(1)(b) FS. Law Implemented 443.091(1) FS. History–New 8-25-92, Formerly 38B-3.022, Amended 8-14-08, Tranferred to 73B-11.022.

Fla. Admin. Code R. 60BB-3.024 Short-Time Compensation Plan Application

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.1116 FS. History–New 8-14-08, Tranferred to 73B-11.024.

Fla. Admin. Code R. 60BB-3.0251 Definitions Relating to Emergency Unemployment Compensation

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.221(3) FS. History–New 8-11-10, Amended 12-19-10, Tranferred to 73B-11.0251.

Fla. Admin. Code R. 60BB-3.0252 Eligibility for Emergency Unemployment Compensation

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.111, 443.151(6), 443.221(3) FS. History–New 8-11-10, Amended 12-19-10, Tranferred to 73B-11.0252.

Fla. Admin. Code R. 60BB-3.0253 Emergency Unemployment Compensation Individual Accounts

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.111, 443.191, 443.221(3) FS. History–New 8-11-10, Amended 12-19-10, Tranferred to 73B-11.0253.

Fla. Admin. Code R. 60BB-3.0254 How to Apply for Emergency Unemployment Compensation

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101, 443.111, 443.151, 443.221(3) FS. History–New 8-11-10, Amended 12-19-10, 11-27-11, Tranferred to 73B-11.0254.

Fla. Admin. Code R. 60BB-3.0261 Definitions Relating to Extended Benefits

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.1115, 443.1117 FS. History–New 11-28-10, Tranferred to 73B-11.0261.

Fla. Admin. Code R. 60BB-3.0262 How to Apply for Extended Benefits

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.1115, 443.1117 FS. History–New 11-28-10, Amended 11-27-11, Tranferred to 73B-11.0262.

Fla. Admin. Code R. 60BB-3.0263 Diligent Work Search Requirements

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.1115, 443.1117 FS. History–New 11-28-10, Amended 11-27-11, Tranferred to 73B-11.0263.

Fla. Admin. Code R. 60BB-3.028 Reemployment Services

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091 FS. History–New 2-28-96, Formerly 38B-3.028, Amended 8-14-08, Tranferred to 73B-11.028.

Fla. Admin. Code R. 60BB-3.029 Public Use Forms

History

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.171(5), 443.1715(1), (2)(b)1. FS. History–New 6-4-06, Amended 8-14-08, 11-27-11, Tranferred to 73B-11.029.

Chapter 60BB-4 OFFICE OF EARLY LEARNING

Fla. Admin. Code R. 60BB-4.100 Definitions

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(4)(a), (5)(c), (d), (6), (9)(d) FS. History–New 4-21-03, Transferred to 6M-4.100.

Fla. Admin. Code R. 60BB-4.200 General Eligibility Provisions

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 4-21-03, Transferred to 6M-4.200.

Fla. Admin. Code R. 60BB-4.201 Eligibility for Children at Risk of Abuse or Neglect

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 4-21-03, Transferred to 6M-4.201.

Fla. Admin. Code R. 60BB-4.202 Eligibility for Children at Risk of Welfare Dependency

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 4-21-03, Transferred to 6M-4.202.

Fla. Admin. Code R. 60BB-4.203 Eligibility for Children in Working Families Whose Income Does Not Exceed 150 Percent of the Federal Poverty Level

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 4-21-03, Transferred to 6M-4.203.

Fla. Admin. Code R. 60BB-4.204 Eligibility for Three-and Four-year-old Children Who may not be Economically Disadvantaged But Who Have

Been Served in a Specific Part-time or Combination of Part-time Exceptional Education Programs With Required

Special Services, Aids, or Equipment, and Were Previously Reported for Funding Part-Time With the Florida

Education Finance Program as Exceptional Students (Transferred)

Fla. Admin. Code R. 60BB-4.205 Economically Disadvantaged Children, Children With Disabilities, and Children at Risk of Future School Failure,

From Birth to Four (4) Years of Age, Who are Served at Home Through Home Visitor Programs and Intensive

Parent Education Programs Such as the Florida First Start Program (Transferred)

Fla. Admin. Code R. 60BB-4.206 Eligibility for Children Who Meet Federal and State Requirements for Eligibility for the Migrant Preschool Program but Who do not Meet the Criteria of Economically Disadvantaged

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 4-21-03, Transferred to 6M-4.206.

Fla. Admin. Code R. 60BB-4.207 Eligibility for Children in the Relative Caregiver Program

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 4-21-03, Transferred to 6M-4.207.

Fla. Admin. Code R. 60BB-4.208 Verification of Employment and Income

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 4-21-03, Transferred to 6M-4.208.

Fla. Admin. Code R. 60BB-4.209 Redetermination of Eligibility for Financial Assistance

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 4-21-03, Transferred to 6M-4.209.

Fla. Admin. Code R. 60BB-4.210 Maintaining Eligibility for Financial Assistance; Breaks in Employment

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d), (6) FS. History–New 4-21-03, Transferred to 6M-4.210.

Fla. Admin. Code R. 60BB-4.300 Waiting List Procedures

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(c) FS. History–New 4-21-03, Transferred to 6M-4.300.

Fla. Admin. Code R. 60BB-4.400 Required Parent Co-payment

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d)4.a. FS. History–New 2-2-05, Transferred to 6M-4.400.

Fla. Admin. Code R. 60BB-4.401 Co-payment Collection

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d)4.a. FS. History–New 2-2-05, Transferred to 6M-4.401.

Fla. Admin. Code R. 60BB-4.500 Reimbursement-General Provisions Regarding Reimbursements for Holidays and Absences

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d)4.a. FS. History–New 2-2-05, Transferred to 6M-4.500.

Fla. Admin. Code R. 60BB-4.501 Reimbursement During Emergency Closures

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d)4.a. FS. History–New 2-2-05, Transferred to 6M-4.501.

Fla. Admin. Code R. 60BB-4.502 Records to be Maintained and Monitoring for Reimbursements

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d)4.a. FS. History–New 2-2-05, Transferred to 6M-4.502.

Fla. Admin. Code R. 60BB-4.503 Misrepresentation or Fraud Regarding Reimbursement

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(5)(d)4.a. FS. History–New 2-2-05, Transferred to 6M-4.503.

Fla. Admin. Code R. 60BB-4.997 General Information

History

Rulemaking Authority 402.3017 FS. Law Implemented 402.3017 FS. History–New 5-29-01, Formerly 65C-26.001, Repealed 3-4-07.

Fla. Admin. Code R. 60BB-4.998 Program Guidelines

History

Rulemaking Authority 402.3017 FS. Law Implemented 402.3017 FS. History–New 5-29-01, Formerly 65C-26.002, Repealed 3-4-07.

Fla. Admin. Code R. 60BB-4.999 Allocation Methodology

History

Rulemaking Authority 402.3017 FS. Law Implemented 402.3017 FS. History–New 5-29-01, Formerly 65C-26.003, Repealed 3-4-07.

Chapter 60BB-5 HEARINGS BEFORE APPEALS REFEREES

Fla. Admin. Code R. 60BB-5.001 Applicability

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.01, 38E-5.001, Transferred to 73B-20.001.

Fla. Admin. Code R. 60BB-5.002 Persons Entitled to File Appeals

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.02, 38E-5.002, Transferred to 73B-20.002.

Fla. Admin. Code R. 60BB-5.003 Form of Appeal

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-5.03, Amended 8-20-86, 8-7-01, Formerly 38E-5.003, Transferred to 73B-20.003.

Fla. Admin. Code R. 60BB-5.004 Place for Filing Appeal

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.04, Amended 8-20-86, 8-7-01, Formerly 38E-5.004, Transferred to 73B-20.004.

Fla. Admin. Code R. 60BB-5.005 Time for Filing Appeal

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(3)(a), (4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.05, Amended 8-20-86, 3-1-98, 8-7-01, Formerly 38E-5.005, Transferred to 73B-20.005.

Fla. Admin. Code R. 60BB-5.006 Computation of Time

History

Rulemaking Authority, 443.012(11) FS. Law Implemented 443.151(4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.06, Amended 8-20-86, Formerly 38E-5.006, Transferred to 73B-20.006.

Fla. Admin. Code R. 60BB-5.007 Late Filing of Appeals

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(3)(a), (4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.07, Amended 8-20-86, Formerly 38E-5.007, Transferred to 73B-20.007.

Fla. Admin. Code R. 60BB-5.008 Appearances

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d), (7) FS. History–New 5-22-80, Formerly 38E-5.08, Formerly 38E-5.008, Transferred to 73B-20.008.

Fla. Admin. Code R. 60BB-5.009 Fees

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.041(2), 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-5.09, 38E-5.009, Transferred to 73B-20.009.

Fla. Admin. Code R. 60BB-5.010 Consolidation

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.10, 38E-5.010, Transferred to 73B-20.010.

Fla. Admin. Code R. 60BB-5.011 Joinder of Parties

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-5.11, 38E-5.011, Transferred to 73B-20.011.

Fla. Admin. Code R. 60BB-5.012 Disqualification of Appeals Referee

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (d) FS. History–New 5-22-80, Formerly 38E-5.12, 38E-5.012, Transferred to 73B-20.012.

Fla. Admin. Code R. 60BB-5.013 Substitution of Appeals Referee

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (d) FS. History–New 5-22-80, Formerly 38E-5.13, 38E-5.013, Transferred to 73B-20.013.

Fla. Admin. Code R. 60BB-5.014 Scheduling of Hearings

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(b), (d) FS. History–New 5-22-80, Formerly 38E-5.14, Amended 10-5-86, 3-11-99, Formerly 38E-5.014, Amended 3-11-12, Transferred to 73B-20.014.

Fla. Admin. Code R. 60BB-5.015 Notice of Hearing

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Amended 11-30-81, 5-22-83, Formerly 38E-5.15, Amended 8-20-86, Formerly 38E-5.015, Transferred to 73B-20.015.

Fla. Admin. Code R. 60BB-5.016 Continuances

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.16, 38E-5.016, Transferred to 73B-20.016.

Fla. Admin. Code R. 60BB-5.017 Nonappearance of Parties

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.17, Amended 8-20-86, 3-1-98, Formerly 38E-5.017, Transferred to 73B-20.017.

Fla. Admin. Code R. 60BB-5.018 Discovery

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-5.18, 38E-5.018, Transferred to 73B-20.018.

Fla. Admin. Code R. 60BB-5.019 Subpoenas

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d), 443.171(6), (7) FS. History–New 5-22-80, Formerly 38E-5.19, Amended 8-20-86, Formerly 38E-5.019, Transferred to 73B-20.019.

Fla. Admin. Code R. 60BB-5.020 Witness Fees

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.041(2)(a), 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-5.20, 38E-5.020, Transferred to 73B-20.020.

Fla. Admin. Code R. 60BB-5.021 Investigation

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d), 443.171(5), (6) FS. History– New 5-22-80, Formerly 38E-5.21, Amended 8-20-86, Formerly 38E-5.021, Transferred to 73B-20.021.

Fla. Admin. Code R. 60BB-5.022 Withdrawal

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(b)2., (d) FS. History–New 5-22-80, Formerly 38E-5.22, 38E-5.022, Transferred to 73B-20.022.

Fla. Admin. Code R. 60BB-5.023 Independence of Appeals Referees; Ex Parte Communications Prohibited

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (d) FS. History–New 5-22-80, Formerly 38E-5.23, 38E-5.023, Transferred to 73B-20.023.

Fla. Admin. Code R. 60BB-5.024 Conduct of the Hearing

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.24, Amended 8-20-86, Formerly 38E-5.024, Amended 3-11-12, Transferred to 73B-20.024.

Fla. Admin. Code R. 60BB-5.025 Decision

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.25, Amended 8-20-86, Formerly 38E-5.025, Amended 3-11-12, Transferred to 73B-20.025.

Fla. Admin. Code R. 60BB-5.026 Post Decision Communications

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a)-(d) FS. History–New 5-22-80, Formerly 38E-5.26, Amended 8-20-86, Formerly 38E-5.026, Transferred to 73B-20.026.

Fla. Admin. Code R. 60BB-5.027 Appeal to the Unemployment Appeals Commission

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History–New 5-22-80, Formerly 38E-5.27, Amended 8-20-86, Formerly 38E-5.027, Transferred to 73B-20.027.

Chapter 60BB-6 GENERAL PROCEDURES

Fla. Admin. Code R. 60BB-6.001 Applicability

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History–New 5-22-80, Formerly 38E-2.01, 38E-2.001, Transferred to 73B-21.001.

Fla. Admin. Code R. 60BB-6.002 Form of Appeal

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 60BB-6.02, Amended 8-20-86, 8-7-01, Formerly 38E-2.002, Transferred to 73B-21.002.

Fla. Admin. Code R. 60BB-6.003 Filing an Appeal

History

Rulemaking Authority 443.012(11), 443.151(4)(b), (d) FS. Law Implemented 443.151(4)(b), (d) FS. History–New 5-22-80, Formerly 38E-2.03, Amended 8-20-86, 1-5-93, 8-7-01, Formerly 38E-2.003, Transferred to 73B-21.003.

Fla. Admin. Code R. 60BB-6.004 Computation of Time

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(b), (d) FS. History–New 5-22-80, Formerly 38E-2.04, Amended 8-20-86, Formerly 38E-2.004, Transferred to 73B-21.004.

Fla. Admin. Code R. 60BB-6.005 Notice to Parties

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-2.05, Amended 8-20-86, Formerly 38E-2.005, Transferred to 73B-21.005.

Fla. Admin. Code R. 60BB-6.006 Representation

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History– New 5-22-80, Formerly 38E-2.06, Formerly 38E-2.006, Transferred to 73B-21.006.

Fla. Admin. Code R. 60BB-6.007 Ex Parte Communications

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-2.07, Formerly 38E-2.007, Transferred to 73B-21.007.

Chapter 60BB-7 PROCEDURE ON REVIEW

Fla. Admin. Code R. 60BB-7.001 Applicability

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-3.01, 38E-3.001, Transferred to 73B-22.001.

Fla. Admin. Code R. 60BB-7.002 Review by the Commission

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History–New 5-22-80, Formerly 38E-3.02, Amended 8-20-86, Formerly 38E-3.002, Transferred to 73B-22.002.

Fla. Admin. Code R. 60BB-7.003 Record on Appeal

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-3.03, Amended 8-20-86, 1-5-93, Formerly 38E-3.003, Transferred to 73B-22.003.

Fla. Admin. Code R. 60BB-7.004 Briefs and Motions

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-3.04, Amended 8-20-86, Formerly 38E-3.004, Transferred to 73B-22.004.

Fla. Admin. Code R. 60BB-7.005 Newly Discovered Evidence

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-3.05, Amended 8-20-86, Formerly 38E-3.005, Transferred to 73B-22.005.

Fla. Admin. Code R. 60BB-7.006 Dismissals

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History–New 5-22-80, Formerly 38E-3.06, Formerly 38E-3.006, Transferred to 73B-22.006.

Fla. Admin. Code R. 60BB-7.007 Orders of the Commission

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History–New 5-22-80, Formerly 38E-3.07, Amended 8-20-86, 8-7-01, Formerly 38E-3.007, Transferred to 73B-22.007.

Fla. Admin. Code R. 60BB-7.008 Filing Notice of Appeal

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.012(12), 443.151(4)(c)-(e) FS. History–New 5-22-80, Formerly 38E-3.08, Amended 8-20-86, Formerly 38E-3.008, Transferred to 73B-22.008.

Fla. Admin. Code R. 60BB-7.009 Record on Appeal to the Court

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c)-(e) FS. History–New 5-22-80, Formerly 38E-3.09, Amended 10-5-86, 1-5-93, Formerly 38E-3.009, Transferred to 73B-22.009.

Fla. Admin. Code R. 60BB-7.010 Duties of the Clerk; Preparation and Transmittal of Record

History

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c)-(e) FS. History–New 5-22-80, Formerly 38E-3.10, Amended 8-20-86, Formerly 38E-3.010, Transferred to 73B-22.010.

Chapter 60BB-8 Voluntary Prekindergarten Program

Fla. Admin. Code R. 60BB-8.100 Definitions

History

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.51, 1002.53(2), (4), 1002.55(2), (3)(g), 1002.61(2)(a), (7)(a), 1002.63(2), (8)(a), 1002.71(2), (6)(d), 1002.75(2)(a), (c), (d) FS. History–New 1-19-06, Amended 5-24-07, Transferred to 6M-8.100.

Fla. Admin. Code R. 60BB-8.200 Documenting Child Eligibility for the VPK Program

History

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.53(2), (3), (4), 1002.69(4), 1002.75(2)(a), 1003.01, 1003.21(1)(a)2. FS. History–New 1-19-06, Amended 5-24-07, Transferred to 6M-8.200.

Fla. Admin. Code R. 60BB-8.201 Child Registration Procedures; Application; Parent-Orientation Session

History

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.53(4), (5), 1002.75(2)(a), (b) FS. History–New 1-19-06, Amended 5-24-07, Transferred to 6M-8.201.

Fla. Admin. Code R. 60BB-8.2015 VPK Child Registration Pilot Project

History

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.53(2), (4), (5), 1002.75(2)(a), (b) FS. History–New 5-24-07, Transferred to 6M-8.2015.

Fla. Admin. Code R. 60BB-8.202 Child Eligibility Determination and Enrollment Procedures

History

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.53(2), 1002.75(2)(a) FS. History–New 1-19-06, Amended 5-24-07, Transferred to 6M-8.202.

Fla. Admin. Code R. 60BB-8.204 Uniform Attendance Policy for Funding the VPK Program

History

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.71(6)(d) FS. History–New 8-17-06, Amended 5-24-07, 9-14-09, Transferred to 6M-8.204.

Fla. Admin. Code R. 60BB-8.205 Advance Payment and Reconciliation for the Voluntary Prekindergarten Education Program

History

Rulemaking Authority 1002.75(2)(h), 1002.75(4), 1002.79(2) FS. Law Implemented 1002.71(5)(b), 1002.75(2)(h), 1002.75(4) FS. History–New 9-14-09, Transferred to 6M-8.205.

Fla. Admin. Code R. 60BB-8.210 Reenrollment for Good Cause or Extreme Hardship in the Voluntary Prekindergarten Education Program

History

Rulemaking Authority 1002.71(4), 1002.75(2)(a), 1002.75(2)(i), 1002.79(2) F.S. Law Implemented 1002.71(4),1002.75(2)(a), (i) F.S. History–New 12-21-10, Transferred to 6M-8.210.

Fla. Admin. Code R. 60BB-8.300 Provider and Class Registration Procedures; Application; Eligibility Determination

History

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.55(3), (4), 1002.61(3), (8)(a),1002.63(3), (4), (5), (6), (8)(a), 1002.75(2)(c), (d) FS. History–New 1-19-06, Amended 5-24-07, 12-21-10, Transferred to 6M-8.300.

Fla. Admin. Code R. 60BB-8.301 Statewide Provider Agreement for the VPK Program

History

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.55(3)(h), 1002.61(8)(a), 1002.63(8)(a), 1002.75 FS. History–New 8-17-06, Amended 5-24-07, 12-21-10, Transferred to 6M-8.301.

Fla. Admin. Code R. 60BB-8.305 Recording and Certifying Child Attendance in the VPK Program

History

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.71(5)(b), (6)(b), (d), 1002.75(2)(f), (g), (h) FS. History–New 5-24-07, Transferred to 6M-8.305.

Fla. Admin. Code R. 60BB-8.400 VPK Class Sizes; Blended Classes; Multi-Class Groups

History

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.55(3)(e), 1002.61(6), 1002.63(7) FS. History–New 8-17-06, Amended 5-24-07, Transferred to 6M-8.400.

Fla. Admin. Code R. 60BB-8.410 Voluntary Prekindergarten Program Substitute Instructors

History

Rulemaking Authority 1002.55(3)(e), 1002.61(6), 1002.63(7), 1002.79(2) FS. Law Implemented 1002.55(3)(e), 1002.61(6), 1002.63(7) FS. History–New 8-10-09, Transferred to 6M-8.410.

Fla. Admin. Code R. 60BB-8.451 VPK Class Schedules

History

Rulemaking Authority 1002.79(2) FS. Law Implemented 1002.53(1), (3), 1002.55(2), 1002.61(2), 1002.63(2), 1002.75(2)(c), (d), (f) FS. History–New 5-24-07, Repealed 9-11-11.

Fla. Admin. Code R. 60BB-8.900 Obtaining VPK Forms

History

Rulemaking Authority 1002.79(2) FS Law Implemented 1002.53(4), 1002.55(3)(g), 1002.61(7)(a), 1002.63(8)(a), 1002.71(5)(b), (6)(a), (b), 1002.75(2) FS. History–New 5-24-07, Transferred to 6M-8.900.

Chapter 60BB-9 EARLY LEARNING COALITIONS

Fla. Admin. Code R. 60BB-9.121 Federal Quality Funds

History

Rulemaking Authority 411.01(4)(e) FS. Law Implemented 411.01(4)(c) FS. History–New 8-18-08, Transferred to 6M-9.121.

Fla. Admin. Code R. 60BB-9.300 Child Care Resource and Referral

History

Rulemaking Authority 411.0101 FS. Law Implemented 411.0101 FS. History–New 8-10-09, Transferred to 6M-9.300.

Chapter 60BB-10 Emergency Contingency Fund for the Temporary Assistance for Needy Families Program

Fla. Admin. Code R. 60BB-10.001 Purpose, Intent, and General Principles

History

Rulemaking Authority 445.004(5)(c) FS. Law Implemented 445.004, 445.024(1)(b), 445.024(1)(c) FS. History–New 5-26-10, Repealed 9-14-11.

Fla. Admin. Code R. 60BB-10.002 Definitions

History

Rulemaking Authority 445.004(5)(c) FS. Law Implemented 445.004, 445.024(1)(b), 445.024(1)(c) FS. History–New 5-26-10, Repealed 9-14-11.

Fla. Admin. Code R. 60BB-10.003 Participant Eligibility Requirements

History

Rulemaking Authority 445.004(5)(c) FS. Law Implemented 445.004, 445.024(1)(b) FS. History–New 5-26-10, Amended 11-8-10, Repealed 9-14-11.

Fla. Admin. Code R. 60BB-10.004 How to Participate

History

Rulemaking Authority 445.004(5)(c) FS. Law Implemented 445.004, 445.024(1)(b), 445.024(1)(c) FS. History–New 5-26-10, Repealed 9-14-11.

Fla. Admin. Code R. 60BB-10.005 Support Services

History

Rulemaking Authority 445.004(5)(c) FS. Law Implemented 445.004, 445.024(1)(b), 445.024(1)(c) FS. History–New 5-26-10, Repealed 9-14-11.

Fla. Admin. Code R. 60BB-10.006 Employer Participation

History

Rulemaking Authority 445.004(5)(c) FS. Law Implemented 445.004, 445.024(1)(b), 445.024(1)(c) FS. History–New 5-26-10, Repealed 9-14-11.

Fla. Admin. Code R. 60BB-10.007 Position Requirements

History

Rulemaking Authority 445.004(5)(c) FS. Law Implemented 445.004, 445.024(1)(b), 445.024(1)(c) FS. History–New 5-26-10, Repealed 9-14-11.

Fla. Admin. Code R. 60BB-10.008 Cost Sharing or Matching

History

Rulemaking Authority 445.004(5)(c) FS. Law Implemented 445.004, 445.024(1)(b), 445.024(1)(c) FS. History–New 5-26-10, Repealed 9-14-11.

Fla. Admin. Code R. 60BB-10.009 Reapplying for Temporary Cash Assistance Due to an Unanticipated Emergency

History

Rulemaking Authority 445.004(5)(c) FS. Law Implemented 445.004, 445.024(1)(b), 445.024(1)(c) FS. History–New 5-26-10, Repealed 9-14-11.

Fla. Admin. Code R. 60E-1.001 Definitions

(1) CNA – means the central, nonprofit agency authorized under Section 413.035(1), F.S., to facilitate the allocation of orders as specified therein.

(2) Department – means the Florida Department of Management Services.

(3) Purchasing Office – means a state office, including the office of any political subdivisions, such as a county, municipality, or school district, that places orders for the procurement of any commodity or service.

(4) Employment Centers – means a workshop for the blind or other severely handicapped person as used in Chapter 413, F.S., that is geographically located in the State of Florida.

History

Rulemaking Authority 413.035, 413.036 FS. Law Implemented 413.033(2), (3)(c), (6), 413.034, 413.035, 413.036 FS. History–New 10-12-81, Formerly 13G-1.01, Amended 2-22-89, Formerly 13G-1.001, Amended 12-31-95, 10-22-06.

Fla. Admin. Code R. 60E-1.003 Central, Non-Profit Agency (“CNA”)

(1) By way of competitive solicitation conducted as prescribed in Chapter 287, F.S., a CNA may be designated to represent employment centers for the blind and other severely handicapped in facilitating the allocation of orders by purchasing offices.

(2) The following shall be responsibilities of the CNA:

(a) Assist employment centers by facilitating the allocation of orders among employment centers.

(b) Evaluate the ability of employment centers to provide the products or services they offer and advise the Department of its findings.

(c) Based on the cost to the employment centers, provide the Department with its current recommended prices for suitable commodities or services for procurement from its employment centers.

(d) Maintain an internet website providing, at a minimum, a listing of its network of employment centers and a listing of all commodities and services offered by each employment center. The CNA’s website can be found at https://secure.imarcsgroup.com/respect/Default.asp.

(e) Maintain all necessary records and data on its employment centers to enable the Department to properly review and audit all employment center purchase activities.

(f) Monitor the employment centers and advise the Department of any concerns the CNA may have regarding an employment center’s ability to provide the products or services they offer.

(g) As market conditions change, recommend to the Department price changes for commodities or services provided by its employment centers and provide justification for the recommended change(s).

(h) Provide the Department with full and complete access to all purchasing office records as required by the Department.

(i) Make commodities and services offered by its employment centers available to eligible users through the MyFloridaMarketPlace procurement system.

(3) The CNA shall not engage in the following actions –

(a) Enter into nondisclosure agreements or contracts which prohibit employees or associates of the CNA from meeting with, discussing or providing information requested by the Department or its authorized representatives.

(b) Require that employment centers join or become a member of any industry or trade association as a condition of being part of the CNA’s network of employment centers.

(4) Assignment of commodity or service –

(a) Any employment center may, in writing to the CNA, propose to have the employment center assigned to the procurement list to provide a particular commodity or service. Proposals for addition to the procurement list shall at a minimum: clearly identify the commodity or service the employment center proposes to offer; include a cost proposal for the offered commodity or service; and specify why it would be in the state’s best interest to assign the commodity or service to the employment center.

(b) Subject to approval by the Department, the CNA shall assign commodities or services to employment centers based on the ability of the employment centers to produce the commodity or provide the service.

(c) The employment center assigned by the Department to provide a particular commodity or service shall be placed on the procurement list within 60 days after it is assigned to make available the commodities or services it offers for purchase by purchasing offices.

(d) If the Department determines that an employment center cannot provide the commodities or services assigned, the Department may reassign the commodity or service to another employment center capable of providing the commodity or service.

(5) Distribution of orders – The CNA shall allocate orders from purchasing offices only to employment centers which the Department has assigned to produce the specific commodity or to perform the particular service. When the Department has assigned two or more employment centers to produce a specific commodity, or perform a particular service, the CNA shall allocate orders among those employment centers in a fair and equitable manner.

(6) Priority over correctional work program – When purchasing offices buy any product or service pursuant to the Act, priority shall be given to the products and services designated by the Department and offered by employment centers over any requirement to purchase from the Corporation operating the correctional work programs under Chapter 946, F.S., unless such priority is waived by the Department through the CNA.

(7) Waiver of priority – Within thirty (30) days after notification by the Corporation operating the correctional work programs that the Corporation has proposed a commodity or service to be produced by correctional work programs and offered for purchase to purchasing offices, the Department shall notify the Corporation and the CNA of its intention to exercise or waive the priority on the proposed commodity or service. Waiver of priority shall occur only when determined by the Department that such waiver will provide the best value to the state.

(a) The Corporation operating the correctional work programs need not request waiver of priority when a proposed commodity change only involves a change of color or size of an item which is part of a sequence of identical items and is currently provided by the correctional work programs under an existing contract.

(b) Priority may be exercised by the Department, through the CNA, if a proposed or similar commodity or service is currently on the Department’s procurement list or if a qualified employment center is in the process of adding a same or similar commodity or service to the Department’s procurement list. Addition of a same or similar commodity or service to the procurement list shall be done in accordance with the process described in subsection 60A-1.003(4), F.A.C.

History

Rulemaking Authority 413.035, 413.036 FS. Law Implemented 413.033(3), (4), 413.035, 413.036 FS. History–New 10-12-81, Formerly 13G-1.03, Amended 2-22-89, Formerly 13G-1.003, Amended 12-31-95, 10-22-06.

Fla. Admin. Code R. 60E-1.004 Employment Centers

(1) Procedures for qualification of employment centers –

(a) To qualify for participation under the Act, an employment center must:

Be certified as a qualified agency for the blind or other severely handicapped as provided in Section 413.033, F.S.; and
Apply to the CNA to provide the commodities or contractual services under the Act. The application shall be standardized in form, created and furnished by the CNA, and shall be subject to approval by the Department before used.

(b) The Department shall review the documents submitted and determine whether the employment center is eligible to participate under the Act.

(2) Responsibilities –

Each employment center participating under the Act shall:

(a) Maintain its status as a qualified nonprofit agency as defined in Section 413.033, F.S., while providing commodities or contractual services as an employment center;

(b) Furnish commodities or services in accordance with Purchase Office orders; and

(3) The CNA shall ensure employment centers comply with all governing laws and rules regarding commodities or contractual services offered pursuant to Chapter 413, F.S. Substantial and continuing noncompliance by an employment center in complying with all governing laws or rules that relate to the commodities or contractual services they offer shall result in the employment center being suspended or removed from the procurement list by the Department.

(4) Purchasing offices shall obtain employment center commodities and services as designated on the employment center procurement list maintained electronically by the CNA.

(5) Purchases of commodities and services by purchasing offices from the procurement list are exempt from the competitive bidding requirements of Chapter 287, Part I, F.S.

(6) Allocation and orders –

(a) Allocation is the action to be taken by the CNA to designate the employment center(s) that will produce definite quantities of commodities or perform specific services upon receipt of an order.

(b) Purchase orders for employment center commodities or services shall contain for:

Commodities: Name, commodity number, quantity, unit price, and place and time of delivery.
Services: Type and location of service required, latest specification, work to be performed, estimated volume, and time for completion.

(c) Purchasing offices shall issue purchase orders providing sufficient time for the CNA to reply, for the order(s) to be placed, and for the employment center to produce the commodity or provide the service.

(d) If a commodity or service is available from both an employment center and under a state term contract, the agency or eligible user may purchase such commodity or service from whichever of the two procurement options provides the best value to the agency or eligible user.

(e) The CNA shall make allocations to the appropriate employment center upon receipt of an order from the purchasing office.

(f) As to commodities or services offered by employment centers on the procurement list, the list shall provide for each the amount of lead time necessary for the employment center to provide the commodities or complete performance of the services listed. If there are changes in the amount of lead time required to provide a commodity or service, the procurement list shall be duly updated by the CNA.

(g) The CNA shall keep the purchasing office informed of any changes in the lead time experienced by its employment centers.

(h) Delays by employment centers in providing commodities or services should be immediately reported by the employment center to the purchasing office. If the CNA or employment center cannot provide the commodities or services within a reasonable time, the purchasing office may proceed to procure those commodities or services from commercial sources. Repeated delays by an employment center in providing designated commodities or services will result in the employment center being removed from the procurement list by the Department.

(7) Certification of exceptions – If the CNA, for whatever reason, cannot provide the commodities or services requested from the procurement list via a purchase order, the CNA will so notify the requesting agency or political subdivision, in writing, and the Department of its determination within one week of receiving the purchase order. Thereafter, the purchasing office may procure such commodities or services as provided in Chapter 287, F.S.

(8) Prices –

(a) The prices included in the procurement list are fair market prices established by the Department.

(b) Prices for commodities include delivery costs (FOB destination), and include packaging, packing and marking as shown on the procurement list.

(9) Shipping and packing –

(a) Commodities shall be shipped freight prepaid (FOB destination). Delivery is accomplished when a shipment is received and accepted by the purchasing agency. Time of delivery is the date the shipment is received.

(b) Standard pack information is stated in item descriptions. In ascending order, standard pack is given in multiples of the unit of issue contained within the inner wrap(s) and the outer shipping container pack.

(10) Payments to be made within thirty (30) days – Payments for products or services of the blind or other severely handicapped shall be made within thirty (30) days after receipt of shipment and a correct invoice or voucher, whichever is later.

(11) Adjustment and cancellation of orders – When the CNA or an employment center fails to comply with the terms of a purchase order, the purchasing office shall make reasonable efforts to negotiate adjustments before taking action to cancel the order. When a purchase order is cancelled for failure to comply with its terms, the CNA shall be notified, and if practicable, requested to reallocate the order. The CNA shall notify the Department of any cancellation of an order and the reason therefor.

(12) Correspondence and inquiries – Routine correspondence or inquiries by purchasing offices concerning deliveries of commodities being shipped from or performance of services by employment centers shall be directed to the CNA.

(13) Quality of merchandise and services produced or provided by employment centers –

(a) Commodities furnished under state specification by employment centers shall be manufactured in strict compliance with such specifications. Where no specifications exist, commodities produced shall be of the highest quality and equal to similar items available on the commercial market. The agency may, at any reasonable time after delivery, inspect the commodities to assess conformity with state specifications or, if no specification exists, determine whether they are of the highest quality and equal to similar items available on the commercial market.

(b) Services provided by blind or other severely handicapped employment centers shall be performed in accordance with state specifications and standards. Where no state specification or standard exists, the services shall be performed in a commercially reasonable manner.

(14) Quality complaints – When the quality of a commodity or service received from employment centers is not commercially reasonable or fails to meet state specifications, the purchasing office shall submit the issue to the CNA. If the commodity or service quality issue(s) cannot be resolved by the employment center and the CNA, the purchasing office shall notify the Department and the Department will determine whether the noncompliance warrants removing the employment center from the procurement list.

(15) Specification changes –

(a) Specifications cited in the procurement list may be periodically revised to keep the list current with industry changes and agency needs. The most recent revision of the procurement list shall be maintained on the CNA’s website as provided in paragraph 60E-1.003(2)(d), F.A.C., above. Upon request by the CNA, the Department shall provide the CNA with the latest applicable commodity or service specification.

(b) Determinations regarding creation of new commodity numbers shall be recommended by the CNA to the Department. The Department shall be responsible for determining whether adding the new commodity number is necessary or if the commodity already falls under an existing number. If the Department determines that assignment of a new commodity number is warranted, it shall assign such number and notify the CNA of such designation, and the CNA shall, in turn, incorporate such change in its listed products.

(16) Deletion of items from the Procurement List –

(a) When the CNA determines that deletion of a commodity or service from its procurement list is warranted, it shall notify the Department and coordinate such deletion with the Department.

(b) Upon deletion of a commodity from the procurement list, employment centers will be required to complete production of any outstanding orders for commodities unless it is determined by the purchasing office issuing an order to be cost effective to release the employment center from having to satisfy its obligation under the order.

(c) For services currently being provided, the CNA shall notify both the Department and corresponding purchasing office of its intent to discontinue performance of the services at least 90 days in advance of the date the CNA will remove the service from the procurement list.

(d) The Department may remove an item from the procurement list without a request from the CNA if the Department determines that none of the employment centers participating in the program are capable of providing the commodity or service.

History

Rulemaking Authority 413.035, 413.036 FS. Law Implemented 413.035, 413.036 FS. History–New 10-12-81, Formerly 13G-1.04, 13G-1.004, Amended 12-31-95, 7-9-97, Amended 10-22-06, 3-2-17.

Fla. Admin. Code R. 60E-1.005 Procurement Requirements and Procedures

History

Rulemaking Authority 413.035, 413.036 FS. Law Implemented 413.035, 413.036 FS. History–New 10-12-81, Formerly 13G-1.05, Amended 2-22-89, Formerly 13G-1.005, Amended 12-31-95, 10-22-06, Repealed 3-2-17.

Fla. Admin. Code R. 60E-1.002 Commission for Purchase from the Blind or Other Severly Handicapped

History

Rulemaking Authority 413.035, 413.036 FS. Law Implemented 413.035, 413.036, 413.037 FS. History–New 10-12-81, Formerly 13G-1.02, 13G-1.002, Repealed 12-31-95.

Division 60D Building Construction

Chapter 60D-3 PROCEDURES FOR DELEGATION OF SUPERVISORY AUTHORITY FOR THE EQUIPPING, REPAIR, ALTERATION AND CONSTRUCTION OF FIXED CAPITAL OUTLAY PROJECTS

Fla. Admin. Code R. 60D-3.001 Purpose

History

Rulemaking Authority 255.30 FS. Law Implemented 255.30 FS. History–New 2-10-76, Formerly 13D-9.01, Amended 12-24-90, Formerly 13D-9.001, Repealed 12-27-17.

Fla. Admin. Code R. 60D-3.002 Definitions

(1) “Department”: The Department of Management Services.

(2) “Division”: The Division of Real Estate Development and Management of the Department of Management Services.

(3) “Agency”: Any Department of the State of Florida, other than the Department of Management Services, for which the Division is empowered by statute to administer the construction of facilities.

(4) “Pool facility”: A facility which is part of the Florida Facilities Pool.

History

Rulemaking Authority 255.30 FS. Law Implemented 255.30 FS. History–New 2-10-76, Formerly 13D-9.02, Amended 3-18-86, 12-24-90, Formerly 13D-9.002.

Fla. Admin. Code R. 60D-3.003 Project Eligibility

Projects in the following areas, other than pool facility projects, shall be eligible for delegation by the Department of Management Services to other State Agencies based on their capability for project administration.

(1) Procurement of equipment and services or specialist consultant services.

(2) Repair, replacements, or alterations.

(3) New construction.

History

Rulemaking Authority 255.30 FS. Law Implemented 255.30 FS. History–New 2-10-76, Formerly 13D-9.03, Amended 3-18-86, 12-24-90, Formerly 13D-9.003.

Fla. Admin. Code R. 60D-3.004 Delegation Procedure

(1) Each agency shall initially certify its own administrative capability to properly handle in a timely and efficient manner, the authority it has requested. This certification shall be clearly stated by the agency in its request. Staff experience, credentials, and workload must be addressed. The method to be used by the Agency and control measures to be effected must be outlined. The Director of the Division will review the request and make recommendations to the Secretary of the Department for or against delegation. The Secretary will review the recommendations and will grant or deny the request based on his evaluation of the information supplied to him.

(2) The Agency shall review and report upon its work progress, at least semi-annually, to the Division as evidence that its staff is handling their delegated authority in a timely and efficient manner. Failure to pursue the project diligently or to report work progress shall be grounds for the Division to rescind its authority.

(3) If delegation is to be granted, the Agency will be notified of the decision in writing and shall enter into an agreement with the Department confirming its commitment to comply with the terms and conditions of the delegation action.

History

Rulemaking Authority 255.30 FS. Law Implemented 255.30 FS. History–New 2-10-76, Amended 4-8-85, Formerly 13D-9.04, Amended 12-24-90, Formerly 13D-9.004.

Fla. Admin. Code R. 60D-3.005 Terms and Conditions of Delegations

(1) In each instance, based on Agency resources and capability, the Department will establish terms and conditions of delegation; these will be set forth in an agreement to be made between the Department and the Agency. The Agency will be responsible for ensuring that all funds encumbered under the authority are administered in accordance with the agreement and in accordance with all applicable statutory requirements. Fiscal accounting will be provided in accordance with Rule 60D-3.006, F.A.C.

(2) Terms and conditions of delegation will be established in the agreement by category with respect to project type and will provide varying degrees of authority with respect to administration of fixed capital outlay projects. The categories of delegation will be as follows:

(a) Category A – Provides authority for all of the Department’s duties during all stages of the project's development with bi-annual reports of status furnished by the delegate agency to the Division.

(b) Category B – Provides authority for all of the Department’s duties ONLY during the construction phase of the project or for the separate procurement of labor, materials, equipment and/or furnishings with bi-annual reports of status and a completion certificate to be furnished by the delegate agency to the Division.

(c) Category C – Provides authority for all of the Department’s duties ONLY during the construction phase of the project or for the separate procurement of labor, materials, equipment and/or furnishings, with bi-annual reports of status and a completion certificate to be furnished by the delegate agency to the Division, and with final inspection of the construction work by Division professional staff.

History

Rulemaking Authority 255.30 FS. Law Implemented 255.30 FS. History–New 2-10-76, Amended 4-8-85, Formerly 13D-9.05, Amended 12-24-90, Formerly 13D-9.005.

Fla. Admin. Code R. 60D-3.006 Delegation of Responsibility for the Provision and Maintenance of Accounting Records

The responsibility for the provision and maintenance of accounting records is hereby delegated to each agency for which an appropriation of funds for a fixed capital outlay project is provided in an appropriation act. Authority for approval or disapproval of payments for services performed or material or equipment supplied is NOT delegated.

(1) The Department reserves the sole right to approve or disapprove the appropriateness of payments for contracts performed. Invoices which are not promptly vouchered by the delegate agency upon approval by the Division may be vouchered directly to the Comptroller by the Division with copies of the transactions forwarded to the delegate agency for accounting purposes.

(2) Accounting records shall be provided and maintained by the delegate agency in accordance with generally accepted governmental accounting principles, Florida Statutes and the rules of the Department of Financial Services.

(3) The delegate agency shall provide the Division with a statement of condition showing the current fiscal status of each project or sub-project account every July fifteenth and January fifteenth. The statement shall include the following:

(a) The description and full amount of each commitment.

(b) The date and amount of each invoice and pay request, the date the invoice or pay request was received by the agency accounting office, the date the goods or services were approved by the Division, the date the voucher was filed with the Comptroller, the date the warrant was received from the Comptroller, the date the warrant was mailed to the vendor, the voucher number, the warrant number, the original amount of the invoice or pay request and the warrant amount for each disbursement for each commitment.

(d) The current balance of each commitment.

(e) The date, amount and reason for any reversion of funds.

History

Rulemaking Authority 255.30 FS. Law Implemented 255.30 FS. History–New 4-8-85, Formerly 13D-9.06, Amended 12-24-90, Formerly 13D-9.006.

Chapter 60D-4 RULES FOR CONSTRUCTION AND LEASING OF STATE BUILDINGS TO INSURE ENERGY CONSERVATION

Fla. Admin. Code R. 60D-4.001 Purpose

History

Rulemaking Authority 255.255 FS. Law Implemented 255.255 FS. History–New 5-26-76, Formerly 13D-10.01, 13D-10.001, Amended 3-17-10, Repealed 12-27-17.

Fla. Admin. Code R. 60D-4.002 Definitions

(1) “Additions” – mean any facility related project that increases a building’s footprint and the conditioned square footage of a building.

(2) “Alternative design” – refers to a potential architectural or engineering design for a new construction, addition, or renovation project, that is unique from all other building designs under consideration in at least one of the following areas:

(a) Thermal characteristics of building envelope materials;

(b) Amount of exterior glass;

(d) Type of energy-consuming system;

(e) Type of energy-consuming equipment;

(f) Type of component within energy-consuming equipment;

(g) Type of control scheme for equipment or systems;

(h) Equipment energy efficiency rating;

(i) Interior lighting system power density (watts per square foot).

(3) “Annual Supplement to NIST 135” – refers to the Energy Price Indices and Discount Factors for Life-Cycle Cost Analysis-2009, Annual Supplement to NIST 135 and NBS Special publication 709, National Institute of Standards and Technology, NISTIR 85-3273. This document has been incorporated by reference in Rule 60D-4.008, F.A.C.

(4) “DOE” – refers to U.S. Department of Energy.

(5) “Energy-consuming equipment” – any mechanical or electrical equipment that consumes electricity or fuel and is used in heating, ventilation, air-conditioning, lighting, hot water heating, and power distribution systems.

(6) “Energy Star” – refers to the joint energy efficiency program between the U.S. Environmental Protection Agency and the U.S. Department of Energy.

(7) “HVAC” – refers to heating, ventilation, and air-conditioning.

(8) “kBTU” – refers to one-thousand British thermal units.

(9) “Life-cycle cost analysis” – a comparative analysis of the total life-cycle costs ranked from lowest to highest for the associated alternative designs.

(10) “NIST” – refers to the National Institute of Standards and Technology.

(11) “Renovation” – means an existing building undergoing an alteration that varies or changes HVAC systems, lighting systems, water-heating systems, insulation, or exterior building envelope conditions.

(12) “Service water heater” – refers to a water heater used for domestic or commercial purposes other than HVAC space heating or manufacturing processes.

(13) “Sustainable building rating” – refers to one of the following sustainable rating systems required in Section 255.257(4), F.S.:

(a) The United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system;

(b) The Green Building Initiative’s Green Globes rating system;

History

Rulemaking Authority 255.255 FS. Law Implemented 255.253 FS. History–New 5-26-76, Formerly 13D-10.02, 13D-10.002, Amended 3-17-10.

Fla. Admin. Code R. 60D-4.003 Conformance

(1) The selection of energy-consuming equipment and architectural components for all new facilities constructed for the use of a state agency and renovations to existing state-owned facilities shall be based on the life-cycle costs of alternative designs developed in accordance with Rule 60D-4.004, F.A.C.

(2) Leases: An energy performance analysis shall be performed in accordance with Rule 60D-4.007, F.A.C., for facilities under consideration to be leased by a state agency.

History

Rulemaking Authority 255.255, 255.256 FS. Law Implemented 255.254, 255.255 FS. History–New 5-26-76, Formerly 13D-10.03, 13D-10.003, Amended 3-17-10.

Fla. Admin. Code R. 60D-4.004 Criteria for Alternative Designs

(1) New construction and additions:

(a) This Rule applies to all of the following:

New facilities constructed for the use of a state agency.
Additions to existing state-owned facilities.
Renovations to existing state-owned facilities shall be allowed to comply with subsection 60D-4.004(1), F.A.C., when the agency determines that the scope of the proposed renovation addresses enough energy-consuming equipment and architectural elements to comply with the whole-building energy performance requirements as described in this Rule. Otherwise, subsection 60D-4.004(2), (3) or (4), F.A.C., shall apply.

(b) Alternative designs:

At least three alternative designs shall be developed for the agency’s consideration.
Each alternative design shall be modeled with a computer-based simulation program to simulate total energy usage for the entire building or addition.
Each alternative design shall be modeled with the same computer-based simulation program.
The computer-based simulation program shall comply with Rule 60D-4.005, F.A.C.
The computer-based simulation shall include HVAC heat load calculations and equipment sizing. The HVAC heat load calculations shall include all internal building heat loads.
Specific energy performance requirements:

a. Maximum allowable energy consumption: The maximum allowable annual energy consumption for alternative designs shall be based on the minimum energy performance requirement of the sustainable building rating adopted by the agency in accordance with Section 255.257(4)(a), F.S.

b. For new construction and additions:

(I) The first alternative design shall demonstrate equal or less energy consumption than the maximum allowable energy consumption described in sub-subparagraph (1)(b)6.a. of this section.

(II) The second alternative design shall demonstrate a percentage reduction in energy consumption of 10 percent, or more, when compared to the maximum allowable energy consumption as described in in sub-subparagraph (1)(b)6.a. of this section.

(III) The third alternative design shall demonstrate a percentage reduction in energy consumption of 20 percent, or more, when compared to the maximum allowable energy consumption as described in in sub-subparagraph (1)(b)6.a. of this section.

(IV) Additional alternative designs, if developed, shall demonstrate equal or less energy consumption than the maximum allowable energy consumption described in in sub-subparagraph (1)(b)6.a. of this section.

c. For renovations pursuant to subparagraph 60D-4.004(1)(a)3., F.A.C.:

(I) Two alternative designs shall demonstrate equal or less energy consumption than the maximum allowable energy consumption described in in sub-subparagraph (1)(b)6.a. of this section.

(II) The third alternative design shall demonstrate a percentage reduction in energy consumption of 10 percent, or more, when compared to the maximum allowable energy consumption as described in in sub-subparagraph (1)(b)6.a. of this section.

(III) Additional alternative designs, if developed, shall demonstrate equal or less energy consumption than the maximum allowable energy consumption described in in sub-subparagraph (1)(b)6.a. of this section.

d. The percentage reduction (PR) shall be calculated as follows:

PR = 100 × (required consumption – proposed consumption) / required consumption

The selection of the preferred alternative design shall be made by the agency only after a life-cycle cost analysis is performed in compliance with Rule 60D-4.006, F.A.C.
For new facilities and additions, construction shall proceed only after the life-cycle cost analysis has been evaluated by the department for technical correctness and completeness, pursuant to Section 255.254(1), F.S.

(d) Preparation requirements: The preparation of alternative designs and the computer-based energy simulation described in subsection 60D-4.004(1), F.A.C., shall be performed by an architect or engineer licensed in Florida.

(2) Major equipment-related projects:

(a) This Rule applies to renovations in existing state-owned facilities whenever any one of the following items of energy-consuming equipment is installed new or replaced:

Chillers with a total cooling capacity of 25 tons (300,000 BTUH) or greater.
Boilers with a total input heating capacity of 300,000 BTUH (88 kW) or greater.
Unitary HVAC equipment (single and multiple units) within a single building where the total cooling or heating capacity being installed in the project is 25 tons (300,000 BTUH) or greater. Unitary HVAC equipment as defined here shall include:

a. Self-contained air-conditioners and heat pumps;

b. Complete split system air-conditioners and heat pumps, which shall be defined here as the both the condenser and evaporator sections of the system;

c. Fuel-burning furnaces;

d. Electric heaters.

Service water heaters (single and multiple units) within a single building where the total input heating capacity being installed in the project is 300,000 BTUH (88 kW) or greater.
Lighting fixtures within a single building where the total lighting capacity being installed in the project is 30 kW or greater.

(b) This rule excludes “guaranteed energy, water, and wastewater performance savings projects” as defined in Section 489.145, F.S.

(c) Exception: New and replacement energy-consuming equipment intended to serve as back-up equipment that only operates if primary equipment fails may be omitted from the computer-based simulation and life-cycle cost analysis requirements of this rule at the agency’s discretion. Such back-up equipment shall be considered to have a negligible impact to the agency’s overall energy consumption due to infrequent operation. However, the computer-based simulation and life-cycle cost analysis requirements of this rule shall be applicable to all other aspects of the same renovation project per paragraph 60D-4.004(2)(a), F.A.C. This exception does not apply to supplemental equipment, which shall be defined here as energy-consuming equipment that is intended to operate regularly for the purposes of meeting peak load requirements.

(d) Alternative designs:

At least three alternative designs shall be developed for the agency’s consideration.
Each alternative design shall be modeled with a computer-based simulation program to simulate the total energy usage of all energy-consuming equipment being installed new or replaced within the project.

Exception: For projects where lighting fixtures, service water heaters, or a combination of both are the only energy-consuming equipment being installed new or replaced, the energy usage of the alternative designs shall be considered unrelated to the effects of weather and therefore may be developed manually without a computer-based simulation at the agency’s discretion.

The computer-based simulation shall include HVAC heat load calculations and equipment sizing for projects that include new or replacement HVAC equipment. The HVAC heat load calculations shall include all internal building heat loads for the areas affected by the renovation.
The computer-based simulation program shall comply with Rule 60D-4.005, F.A.C.
Specific energy performance requirements:

a. Each alternative design shall meet or exceed the minimum energy performance requirements of the sustainable building rating adopted by the agency in accordance with Section 255.257(4)(a), F.S.

b. Each alternative design shall demonstrate different energy consumption.

Equipment type requirements:

a. HVAC equipment:

(I) Water-cooled equipment replacements: When the existing HVAC equipment being replaced utilizes cooling towers or ground water for heat rejection purposes, at least one alternative design shall incorporate water-cooled equipment, unless there exist conditions outside of the agency’s control as listed in the exceptions below.

(A) Exceptions:

i. The existing supply or return well has failed and is not repairable.

ii. The permit application for groundwater consumption has been denied by the authority having jurisdiction or will not be renewed.

iii. The amount of groundwater available from the well system or permitted by the authority having jurisdiction is insufficient for proper or reliable HVAC equipment operation.

iv. New water-cooled or related equipment will not fit in the available space.

v. The space available to install new water-cooled or related equipment does not comply with the clearance recommendations or requirements of the equipment manufacturer.

vi. Applicable codes and ordinances that prohibit the installation of such equipment.

(II) Centrifugal chiller replacements: When the HVAC equipment being replaced includes one or more centrifugal type chillers, at least one alternative design shall incorporate one or more centrifugal type chillers, unless there exist conditions outside of the agency’s control as listed in the exceptions below.

(A) Exceptions:

i. A new centrifugal type chiller will not fit in the available space.

ii. The space available to install a new centrifugal type chiller or related equipment does not comply with the clearance recommendations or requirements of the equipment manufacturer.

iii. Applicable codes and ordinances that prohibit the installation of such equipment.

b. Lighting equipment:

(I) For office areas:

(A) T-5 fluorescent lighting shall be included in at least one alternative design when lighting fixtures are to be installed new or replaced.

(B) Task lighting shall be included in at least one alternative design when lighting fixtures are to be installed new or replaced.

(II) Lamp and ballast replacements for existing lighting fixtures shall be considered an acceptable alternative design.

c. Service water heating equipment:

(I) Water heater replacements: When the equipment being replaced utilizes natural gas, at least one alternative design shall incorporate natural gas.

(II) Low flow plumbing fixtures shall be considered an acceptable alternative design for service water heaters.

(e) Selection of preferred design: The selection of the preferred alternative design shall be made by the agency only after a life-cycle cost analysis is performed in compliance with Rule 60D-4.006, F.A.C.

(f) Preparation requirements: The preparation of alternative designs and the computer-based energy simulation described in subsection 60D-4.004(2), F.A.C., shall be performed by an architect or engineer licensed in Florida.

(3) Minor equipment-related projects:

(a) This Rule applies to renovations in existing state-owned facilities whenever any of the following items of energy-consuming equipment are installed new or replaced:

Chillers with a total cooling capacity of less than 25 tons (300,000 BTUH).
Boilers with a total input heating capacity of less than 300,000 BTUH (90 kW).
Unitary HVAC equipment (single and multiple units) within a single building where the total cooling or heating capacity being installed in the project is less than 25 tons (300,000 BTUH). Unitary HVAC equipment as defined here shall include:

a. Self-contained air-conditioners and heat pumps;

b. Complete split system air-conditioners and heat pumps, which shall be defined here as both the condenser and evaporator sections of the system;

c. Fuel-burning furnaces;

d. Electric heaters.

Service water heaters (single and multiple units) within a single building where the total input heating capacity being installed in the project is less than 300,000 BTUH (88 kW).
Lighting fixtures within a single building where the total lighting capacity being installed in the project is less than 30 kW.

(b) This rule excludes “guaranteed energy, water, and wastewater performance savings projects” as defined in Section 489.145, F.S.

(c) Exception: The agency shall be permitted to strive for higher energy performance results at its discretion by requiring compliance with subsection 60D-4.004(2), F.A.C., thereby requiring a computer-based simulation and life-cycle cost analysis.

(d) Alternative designs:

There is no minimum number of alternative designs required.
Specific energy performance requirement: Each alternative design shall meet or exceed the minimum energy performance requirements of the sustainable building rating adopted by the agency in accordance with Section 255.257(4)(a), F.S.

(4) Guaranteed energy, water, and wastewater performance savings projects:

(a) Applies to all “guaranteed energy, water, and wastewater performance savings projects” as defined in Section 489.145, F.S.

(b) A baseline energy model shall be developed with a computer-based simulation program to simulate the total existing energy usage for the building(s) included in the analysis.

(c) Alternative designs shall be developed with a computer-based simulation program to simulate total energy usage for the building(s) after the implementation of the proposed energy conservation measures.

(d) The baseline energy model and the alternative designs shall be developed with the same computer-based simulation program.

(e) The computer-based simulation program shall comply with Rule 60D-4.005, F.A.C.

(f) The computer-based simulation shall include HVAC heat load calculations and equipment sizing. The HVAC heat load calculations shall include all internal building heat loads.

(g) Alternative designs:

The agency shall specify the number of alternative designs. One alternative design shall be considered acceptable.
Specific energy performance requirement: Each alternative design shall meet or exceed the minimum energy performance requirements of the sustainable building rating adopted by the agency in accordance with Section 255.257(4)(a), F.S.

(h) Selection of preferred design:

The selection of the preferred design or scope of work shall be made by the agency only after an investment grade energy audit as defined in Section 489.145(3)(f), F.S., is reviewed by the department in accordance with Sections 489.145(4)(c) and 489.145(6), F.S.
Life-cycle cost analysis:

a. The investment grade energy audit required in Section 489.145(6), F.S., shall include a life-cycle cost analysis for each alternative design and the baseline energy model that complies with subsection 60D-4.004(6), F.A.C.

b. The life-cycle cost analysis for the baseline energy model shall incorporate all reasonably-expected costs based on the computer-based simulation throughout the analysis period assuming no energy conservation measures are employed.

c. The results of the life-cycle cost analysis as described in Rule 60D-4.006, F.A.C., shall not replace any part of the investment grade energy audit required in Section 489.145(6), F.S., or be used as the basis of guaranteed cost savings, but shall be based on the information contained within the investment grade energy audit in accordance with Rule 60D-4.006, F.A.C. The life-cycle cost analysis as described in Rule 60D-4.006, F.A.C., shall be used by the agency and the department in conjunction with the investment grade energy audit to assist in the evaluation of the project’s life-cycle costs pursuant to Sections 489.145(4)(c) and 255.255(1), F.S.

(i) Preparation requirement: The preparation of alternative designs and the computer-based energy simulation described in subsection 60D-4.004(4), F.A.C., shall be performed by the “guaranteed energy, water, and wastewater performance savings contractor” as defined in Section 489.145, F.S.

History

Rulemaking Authority 255.255 FS., Section 61, Chapter 210-176, Laws of Florida. Law Implemented 255.255, 255.256 FS. History–New 5-26-76, Formerly 13D-10.04, 13D-10.004, Amended 3-17-10.

Fla. Admin. Code R. 60D-4.005 Computer-Based Simulation Program Requirements

The computer-based simulation program required in subsections 60D-4.004(1), (2), (4) and (7), F.A.C., shall comply with all of the following:

(1) The energy baseline and all alternative designs shall be modeled with a computer-based simulation program that is capable of modeling all of the following:

(a) 8,760 hours per year;

(b) Hourly variations in occupancy, lighting power, miscellaneous equipment power, thermostat setpoints, and HVAC system operation, defined separately for each day of the week and holidays;

(d) Ten or more thermal zones;

(e) Part-load performance curves for mechanical equipment;

(f) Capacity and efficiency correction curves for mechanical heating and cooling equipment.

(2) The computer-based simulation program shall be capable of performing design load calculations to determine all of the following:

(a) HVAC equipment capacities;

(b) HVAC air flow rates;

(3) The computer-based simulation program shall have the ability to do one of the following:

(a) Directly determine the energy performance for the alternative designs, or

(b) Produce hourly reports of energy usage that is suitable for the performance of the alternative designs to be determined by a separate calculation program

(4) The following computer-based simulation programs shall be considered acceptable:

(a) DOE-2;

(b) BLAST;

(d) EnergyPlus;

(e) Carrier HAP;

(f) Trane TRACE;

(g) Other computer-based simulation programs that demonstrate compliance with this rule shall be considered acceptable.

(5) When the sustainable building rating adopted by the agency in accordance with Section 255.257(4)(a), F.S., requires a computer-based simulation, the computer-based simulation program utilized for the analysis shall be consistent with the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system, the Green Building Initiative’s Green Globes rating system, or the Florida Green Building Coalition standards.

History

Rulemaking Authority 255.255 FS. Law Implemented 255.255 FS. History–New 5-26-76, Formerly 13D-10.05, 13D-10.005, Amended 3-17-10.

Fla. Admin. Code R. 60D-4.006 Life-Cycle Cost Analysis Requirements

A life-cycle cost analysis shall be performed for all new facilities constructed for the use of a state agency and for renovations to existing state-owned facilities where required in Rule 60D-4.004, F.A.C. The analysis shall compare the reasonably-expected life-cycle costs of alternative designs developed in accordance with Rule 60D-4.004, F.A.C., during the design development phase of the project. Life-cycle cost analyses shall comply with all of the following requirements:

(1) Preparation requirements:

(a) The life-cycle cost analysis shall be performed by one of the following:

An architect licensed in Florida;
An engineer licensed in Florida;
A “guaranteed energy, water, and wastewater performance savings contractor” as defined in Section 489.145, F.S.

(b) The life-cycle cost analysis shall be performed by the same person or firm that performed the computer-based energy simulations required in Rule 60D-4.004, F.A.C.

(2) Methodology: The life-cycle cost analysis shall determine the expected total present-value cost to own, operate, maintain, and replace the energy-consuming equipment for each alternative design throughout the analysis period as described in this rule.

(3) Analysis period:

(a) The analysis period shall be 25 years for each alternative design under consideration in a project unless directed otherwise in this section.

(b) The analysis period for “guaranteed energy, water, and wastewater performance savings projects” as defined in Section 489.145, F.S., shall be equal to the expected term of the “guaranteed energy, water, and wastewater performance savings contract”.

(4) Analysis approach: For each alternative design, the total life-cycle cost shall be determined as described here:

(a) Life-cycle ownership cost:

All ownership costs utilized in the analysis shall include all related material, labor, and installation costs.
The total ownership cost utilized in the analysis shall consist of all of the following that are to be installed new or replaced in the project:

a. Building envelope components and windows:

(I) New construction and additions per subsection 60D-4.004(1), F.A.C.: The incremental cost of the energy-related modifications may be utilized in the analysis, in which case the incremental cost for the least expensive alternative design shall be zero. Otherwise, the total cost for the scope of work shall be utilized.

(II) Renovations: The total cost for the scope of work shall be utilized.

b. HVAC: The total cost for the scope of work shall be utilized.

c. Lighting: The total cost for the scope of work shall be utilized.

d. Service water heating: The total cost for the scope of work shall be utilized.

e. Power distribution: The total cost for the scope of work shall be utilized.

f. Other measures: Analyses for “guaranteed energy, water, and wastewater performance savings projects” as defined in Section 489.145, F.S., shall include the costs for all energy conservation measures proposed in the project.

For projects that are not financed by the agency, the life-cycle ownership cost utilized in the analysis shall be assumed to occur in the initial year of the analysis period and require no conversion to present value dollars.
For “guaranteed energy, water, and wastewater performance savings projects” as defined in Section 489.145, F.S., the total ownership cost utilized in the analysis shall be determined as follows:

a. The expected construction costs, investment grade energy audit costs, measurement and verification costs, and financing costs shall be annualized.

b. The DOE real discount rate shall be used to convert all future annual ownership costs to present value dollars. The DOE real discount rate is available in the Annual Supplement to NIST 135, which is incorporated by reference in Rule 60D-4.008, F.A.C.

c. Grants, rebates, and capital funding used to buy down the cost of the “guaranteed energy, water, and wastewater performance savings contract” shall not be included in the life-cycle cost analysis per Section 489.145(4)(j), F.S.

d. The life-cycle ownership cost shall be calculated as the sum of all present-value annual ownership costs that are expected to occur during the analysis period.

e. Exclusion: The analysis for the baseline energy model described in subparagraph 60D-4.004(4)(g)2., F.A.C., shall not include any life-cycle ownership costs.

(b) Life-cycle operating cost:

The annual energy usage utilized in the analysis shall be determined by the computer-based energy simulation requirements of Rule 60D-4.004, F.A.C.
The actual energy prices available from the local utility provider shall be used to convert the annual energy usage to the annual operating cost for the initial year.
The DOE energy price escalation forecasts, not including the effects of general price inflation, shall be used to predict future annual energy costs. These forecasts are available in the Annual Supplement to NIST 135, which is incorporated by reference in Rule 60D-4.008, F.A.C.
All water costs associated with the alternative design shall be incorporated into the the life-cycle operating cost.
The price escalation factor utilized for water costs shall be derived from historical water costs for the building(s).
The effects of general price inflation shall be excluded from the analysis.
The DOE real discount rate shall be used to convert all future annual operating costs to present value dollars. The DOE real discount rate is available in the Annual Supplement to NIST 135, which is incorporated by reference in Rule 60D-4.008, F.A.C.
The life-cycle operating cost shall be calculated as the sum of all present-value annual operating costs that are expected to occur during the analysis period.

The expected annual maintenance costs utilized in the analysis shall be derived for all new energy-consuming equipment based on estimates or direct quotes from the equipment manufacturer or vendors that represent the equipment manufacturer. For existing energy-consuming equipment, the annual maintenance costs utilized in the analysis shall be based on actual maintenance costs.
The scope of maintenance services utilized to develop the expected annual maintenance costs for new energy-consuming equipment shall:

a. Be based on the equipment manufacturer’s recommendations, and

b. Include regularly scheduled maintenance items such as planned overhauls, but not attempt to include coincidental repairs.

The DOE real discount rate shall be used to convert all future annual maintenance costs to present value dollars. The DOE real discount rate is available in the Annual Supplement to NIST 135, which is incorporated by reference in Rule 60D-4.008, F.A.C.
The effects of general price inflation shall be excluded from the analysis.
The life-cycle maintenance cost shall be calculated as the sum of all present-value annual maintenance costs that are expected to occur during the analysis period.

(d) Life-cycle replacement cost:

The analysis shall include the replacement cost for new energy-consuming equipment that has an expected service life that is shorter than the analysis period.
Expected service life:

a. The expected service life utilized in the analysis for energy-consuming equipment shall be based on the 2007 ASHRAE Handbook – HVAC Applications (Chapter 36, Table 4), which is incorporated by reference in Rule 60D-4.008, F.A.C., but may be modified to account for the following circumstances:

(I) The agency’s experience with similar equipment;

(II) Harsh environments such as coastal, marine, industrial, and urban areas that can effectively shorten equipment service life.

b. For equipment not included in the 2007 ASHRAE Handbook – HVAC Applications (Chapter 36, Table 4) per paragraph (a) of this section, the expected service shall be estimated based on one or both of the following criteria:

(I) The equipment manufacturer’s recommendation;

(II) The judgement of a licensed architect, engineer, or contractor

Replacement costs shall be derived from the initial ownership costs.
The DOE real discount rate shall be used to convert all future replacement costs to present value dollars. The DOE real discount rate is available in the Annual Supplement to NIST 135, which is incorporated by reference in Rule 60D-4.008, F.A.C.
The effects of general price inflation shall be excluded from the analysis.
The life-cycle replacement cost shall be calculated as the sum of all present-value replacement costs that are expected to occur during the analysis period.

(e) Residual value:

The analysis shall include residual value for energy-consuming equipment that is expected to be replaced during the analysis period and therefore has an expected service life that extends beyond the analysis period.
The residual value shall be derived by linearly prorating the replacement cost based on the ratio of remaining service life to total expected service life, assuming a salvage value of zero.
The DOE real discount rate shall be used to convert all residual values to present value dollars. The DOE real discount rate is available in the Annual Supplement to NIST 135, which is incorporated by reference in Rule 60D-4.008, F.A.C.
The effects of general price inflation shall be excluded from the analysis.

(f) Total life-cycle cost: The total life-cycle cost shall be calculated as follows:

The life-cycle ownership cost, plus;
The life-cycle operating cost, plus;
The life-cycle maintenance cost, plus;
The life-cycle replacement cost (when applicable), less;
The residual value (when applicable).

(g) Sensitivity analysis:

The agency shall perform a sensitivity analysis as described in this section to account for uncertainty in the discount rate and future energy prices in an attempt to ascertain which variable(s) are most critical to the financial performance of the project.
The sensitivity analysis shall be structured to determine the total life-cycle cost result as a result of incrementally modifying the discount rate and energy price projections one at a time, and then both simultaneously.
Limits:

a. The discount rate utilized in the sensitivity analysis shall be raised no higher than twice that of the DOE real discount rate.

b. The energy price projections utilized in the sensitivity analysis shall be raised no higher than current prices projected forward at twice the average DOE price escalation rate.

(5) Submission requirements:

(a) The life-cycle cost analysis shall be submitted to the agency during the design development phase of the project.

(b) The life-cycle cost analysis shall be submitted to the department in addition to the agency for projects that pertain to subsections 60D-4.004(1) and (4), F.A.C., during the design development phase of the project, pursuant to Sections 255.254(1) and 489.145(6), F.S.

A bound copy and an electronic version in Microsoft Excel® format of the Florida Life-Cycle Cost Analysis Program (Form #AE16) is required for all submissions.
A printout of the input and output sheets of the computer-based simulation program for each alternative design.

(d) The Florida Life-Cycle Cost Analysis Program (Form #AE16) is hereby incorporated by reference.

(e) The Florida Life-Cycle Cost Analysis Program (Form #AE16) is available from the Department of Management Services at:

DMS Building Construction

4050 Esplanade Way, Suite 335

Tallahassee, Florida 32399-0950

(850) 488-1817

http://dms.myflorida.com/business_operations/real_estate_development_management/building_construction/forms_and_documents

(f) Delivery: The life-cycle cost analysis shall be delivered to the department at:

DMS FLCCA Review

4050 Esplanade Way, Suite 335

Tallahassee, Florida 32399-0950

(850) 488-1817

History

Rulemaking Authority 255.255, 255.256 FS. Law Implemented 255.254, 255.255 FS. History–New 5-26-76, Formerly 13D-10.06, 13D-10.006, Amended 3-17-10.

Fla. Admin. Code R. 60D-4.007 Energy Performance Analysis for Leases

(1) Applies to the following facilities that are under consideration to be leased by a state agency:

(a) Buildings larger than 5,000 gross square feet.

(b) Spaces larger than 5,000 square feet of rentable area within a specified building.

(2) This Rule excludes facilities that are to be newly constructed for the use of a state agency. Such facilities shall comply with subsection 60D-4.004(1), F.A.C.

(3) Energy performance analysis:

(a) Energy Star rating:

An Energy Star rating shall be developed with the Energy Star Portfolio Manager or Energy Star Target Finder program along with actual utility bill data for the previous twelve months. The Energy Star Portfolio Manager and Energy Star Target Finder programs are free software tools that are available at the websites listed here.

a. The Energy Star Portfolio Manager software is available at:

http://www.energystar.gov/index.cfm?c=evaluate_performance.bus_portfoliomanager

b. The Energy Star Target Finder software is available at:

http://www.energystar.gov/index.cfm?c=new_bldg_design.bus_target_finder

The minimum acceptable Energy Star rating shall be 50.
Exceptions:

a. When actual utility bill data is not available for the previous twelve months, including proposed lease spaces that are not separately metered by the utility provider, a computer-based simulation that complies with subsection 60D-4.007(4), F.A.C., shall be performed that provides the expected annual energy consumption for the proposed lease. The results of the computer-based simulation shall be used to generate an Energy Star rating as described in subparagraph (3)(a)1. of this section.

b. When the proposed lease does not meet the eligibility criteria for an Energy Star rating regarding the type or allocation of space, an energy performance index (kBTU per gross square foot per year) shall be developed manually with one of the following sources in lieu of the energy performance index (kBTU per gross square foot per year) generated by the Energy Star software described in subparagraph (3)(a)1. of this section:

(I) Actual utility bill data for the previous twelve months;

(II) The expected annual energy consumption developed with a computer-based simulation that complies with subsection 60D-4.007(4), F.A.C.;

Renovations: When renovations are performed or proposed to improve the energy performance of the proposed lease, a computer-based simulation that complies with subsection 60D-4.007(4), F.A.C., shall be performed to provide the expected annual energy consumption required to develop one of the following:

a. An Energy Star rating for proposed leases that pertain to subparagraph (3)(a)1. of this section, or

b. The energy performance index (kBTU per gross square foot per year) for proposed leases that pertain to sub-subparagraph (3)(a)3.b. of this section.

(b) Energy cost projection:

The total expected annual energy cost for the facility or space shall be derived from one of the following sources:

a. The average annual energy costs based on actual utility bill data for the previous three years, or

b. Current utility rates and a computer-based simulation that complies with subsection 60D-4.007(4), F.A.C., when actual utility bill data for the previous three years is not available

A cost utilization index (total energy cost per gross square foot per year) shall be developed with the energy cost data described in subparagraph (3)(b)1. of this section.
The cost utilization index (total energy cost per gross square foot per year) shall be projected forward for each contract year of the proposed lease based on one of the following:

a. The average annual energy escalation rate derived from actual utility bill data for the previous three years, or

b. An escalation rate approved by the agency when actual utility bill data for the previous three years is not available

Renovations: When renovations are performed or proposed to improve the energy performance of the proposed lease, current utility rates and the computer-based simulation required in paragraph 60D-4.007(3)(a), subsection (4), F.A.C., shall be used to develop the cost utilization index (total energy cost per gross square foot per year).

(4) Computer-based simulation requirements:

(a) The computer-based simulation shall be performed by an engineer licensed in Florida.

(b) The computer-based simulation program shall comply with Rule 60D-4.005, F.A.C.

(d) The computer-based energy simulation shall model all of the following loads that exist or shall exist as a result of renovations in the proposed lease:

Lighting;
Internal equipment loads;
Service water heating;
Space heating;
Space cooling;
Fans;
Pumps.

(5) Submisson requirements: The following items must be included in the energy performance analysis submitted to the department:

(a) A description of the proposed lease property that includes:

Gross square footage (for separately – metered buildings);
Rentable square footage (for spaces within specified buildings);
Type of space;
Occupancy level;
Operating schedule.

(b) Copies of the actual utility bill statements for the previous three years (if available). Historical consumption and cost data from the utility provider will be considered acceptable.

(c) Copies of the utility bill statements for the previous one year (if available). Historical consumption and cost data from the utility provider will be considered acceptable.

(d) Energy Star software forms:

“Statement of Energy Performance” (when Energy Star Portfolio Manager is used).
“Target Energy Performance Results” (when Energy Star Target Finder is used).

(e) Energy performance index and calculations (when manual calculation is required).

(f) Cost utilization index and calculations.

(g) Input and output sheets from the computer-based simulation program (when a computer-based simulation is required).

(h) A description of all energy-related features, including:

Type of energy-consuming systems and equipment;
Size of energy-consuming systems.

(i) A detailed description of all renovations performed or proposed to improve energy performance.

(j) Delivery: The energy performance analysis shall be mailed or delivered to the department pursuant to Section 255.254(1), F.S., at the address listed here.

DMS Energy Performance Analysis Review

4050 Esplanade Way, Suite 335

Tallahassee, Florida 32399-0950

(850) 488-1817

History

Rulemaking Authority 255.255, 255.256 FS. Law Implemented 255.254, 255.255 FS. History–New 5-26-76, Formerly 13D-10.07, 13D-10.007, Amended 3-17-10.

Fla. Admin. Code R. 60D-4.008 Standards Adopted

(1) “Annual Supplement to NIST 135”: Energy Price Indices and Discount Factors for Life-Cycle Cost Analysis – 2009, Annual Supplement to NIST 135 and NBS Special publication 709, National Institute of Standards and Technology, NISTIR 85-3273 is hereby incorporated by reference.

(2) Copies of this document are available by writing to:

National Technical Information Service

5301 Shawnee Rd.

Alexandria, VA 22312

http://www.ntis.gov/

1(800) 553-6847

(3) Copies of this document are also available for free download at the following website: http://www1.eere.energy.gov/femp/program/lifecycle.html.

(4) “ASHRAE Handbook – HVAC Applications (2007)”: 2007 ASHRAE Handbook – Heating, Ventilating, and Air-Conditioning Applications (Chapter 36, Table 4) is hereby incorporated by reference.

(5) Copies of this document are available by writing to:

American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE)

1791 Tullie Circle

Atlanta, GA 30329

http://www.ashrae.org

1(800) 527-4723

(6) Copies of this document are also available for purchase at the following website: http://www.ashrae.org/publications/page/1279.

History

Rulemaking Authority 255.255, 255.256 FS. Law Implemented 255.254, 255.255 FS. History–New 3-17-10.

Chapter 60D-5 PROCEDURES FOR CONSTRUCTION CONTRACT BIDDING, AWARD, NEGOTIATION AND CHANGES

Fla. Admin. Code R. 60D-5.001 Purpose

To comply with the Department of Management Services’ requirements under Section 255.29, F.S., the following procedures shall be followed in advertising for bids for construction contracts, in determining the eligibility of potential bidders to submit proposals for construction contracts, in awarding construction contracts, for waiver of non-material bid deviations, for rejection of bids, for disqualification of contractors, in requesting authority to negotiate contracts, and in negotiating contracts. These rules do not apply to contracts for maintenance of facilities or maintenance of component parts of facilities.

History

Rulemaking Authority 255.29(1), (2), (3), 255.30(1) FS. Law Implemented 255.29, 255.30(1) FS. History–New 5-26-76, Amended 6-7-77, 7-7-83, Formerly 13D-11.01, Amended 1-25-89, 11-5-91, Formerly 13D-11.001.

Fla. Admin. Code R. 60D-5.002 Definitions

The words and phrases in this chapter shall be construed according to their plain meaning, in light of the context and subject matter, unless expressly defined otherwise in this rule, this chapter, or in Chapter 255, F.S.

(1) “Agency”, as the context requires, means an official, officer, commission, authority, council, committee, department, division, bureau, board, section or other unit or entity of state government.

(2) “Contract Levels” – increments of contract dollar value based on estimated cost of the contract are as follows:

(a) Level One – Contracts not exceeding a value of $35,000.

(b) Level Two – Contracts having a value greater than $35,000 but not exceeding $65,000.

(d) Level Four – Contracts having a value exceeding $200,000 but not exceeding $500,000.

(e) Level Five – Contracts having a value exceeding $500,000.

(3) The “Agency Head” – The person or in the case of a collegial body the executive director or chief administrative officer of an Agency or other governmental unit statutorily responsible for final agency action, or their authorized designee.

(4) The “Division” means a program of the Department as identified in Section 20.22(2)(a), F.S.

(5) “Firm” or “Contractor” means any individual, firm, partnership, corporation, company, association, or other legal entity permitted by law to construct projects, or portions of projects, in the State of Florida.

(6) “Project” means any facility, building, portion of building, utility, park, parking lot, structure or other improvement to real property required to be constructed, renovated, repaired, modified or demolished by an Agency.

(7) “Design Professional” means the architect, engineer or other consultant under contract with the Agency for professional services.

(8) “Non-material Bid Deviation” means a variation from the invitation to bid terms and conditions which does not affect the price of the bid, or give the bidder an advantage or benefit not enjoyed by other bidders, or does not adversely impact the interests of the Agency.

(9) “Single Source Contract” means a contract for construction services that are available from only one responsible qualified contractor.

(10) “Valid Bid” means a bid that is responsive to the bidding documents and is submitted by a qualified responsible bidder. The validity of the bid is determined by the Agency and the construction management entity.

(11) “Negotiated Fee-Guaranteed Maximum Price Construction Contracting Method” means a method of construction contracting whereby the construction management entity is selected by the methods defined under Rule 60D-5.0082, F.A.C., to provide design phase consulting services, management and contractual responsibility for the total project. A fee is negotiated for profit, overhead and direct management costs. All subcontracts are awarded by the construction management entity based on competitive bids received in response to invitations to bid issued by the construction management entity. A guaranteed maximum price is provided by the construction management entity and the total price paid to the construction management entity is either the fee plus the actual construction cost or the guaranteed maximum price (GMP), whichever is less.

(12) “Guaranteed Maximum Price” means the fixed amount in a negotiated fee-guaranteed maximum price contract within which the construction will be achieved. It includes all fees, profit, overhead direct management costs, and the construction cost.

(13) “Repairs” means the restoration to an acceptable original state of a decayed, broken, deteriorated or demolished facility, building, portion of building, utility, park, parking lot, structure or other real property.

(14) “Maintenance” means the upkeep, preservation of condition or the sustaining of operation of a facility, building, portion of building, utility, park, parking lot, structure or real property.

(15) “Client Agency” means that Agency for which the project is being constructed.

(16) “Responsive Bidder” means a firm who has submitted a bid or proposal which conforms in all material respects to the invitation to bid or request for proposals.

(17) “Responsible bidder” or “qualified bidder” means a firm with the capability in all respects to perform fully the contract requirements and the integrity and reliability to assure good faith performance.

History

Rulemaking Authority 255.29, 255.32 FS. Law Implemented 255.29, 255.32 FS. History–New 5-26-76, Amended 6-7-77, 7-14-81, 7-7-83, Formerly 13D-11.02, Amended 1-25-89, 11-5-91, Formerly 13D-11.002, Amended 8-28-96, 12-3-14.

Fla. Admin. Code R. 60D-5.003 Public Announcement

History

Rulemaking Authority 255.29 FS. Law Implemented 255.29 FS. History–New 5-26-76, Amended 6-7-77, 7-14-81, 7-7-83, Formerly 13D-11.03, Amended 1-25-89, 11-5-91, Formerly 13D-11.003, Amended 8-28-96, 9-22-99, Repealed 12-3-14.

Fla. Admin. Code R. 60D-5.004 Prequalification Requirements and Procedures

(1) There are two steps in qualifying to perform construction of State projects: paragraph (2)(a) Prequalification to submit a bid and paragraph (2)(b) Prequalification for award of the contract.

(2)(a) Prequalification to submit a bid. (Prequalification requirements apply to all bidders as well as potential bidders on Levels Four and Five contracts.)

Requirements: Each potential bidder on Levels Four and Five contracts, whose field or area is governed by Chapter 399, 455, 489 or 633, F.S., for licensure will be prequalified by the Agency to participate in the bid process for a specific field or area of construction based on the bidder’s area of license or certification. In order to be eligible to submit a bid for work on project, during the current two year period (beginning on September 1 of each even numbered year and continuing for a period of twenty-four months), a potential bidder under the jurisdiction of Chapter 399, 455, 489 or 633, F.S., must provide to the Agency evidence of the following qualifications biennially after September 1, of each even numbered year, or during the bidding of a specific project. Prequalification with one Agency will not automatically prequalify the contractor with other Agencies. Contractors not governed by the requirements of Chapter 399, 455, 489 or 633, F.S., are not required to be prequalified under this section.

a. Current State Contractor license certification or registration as required under Florida Statutes.

b. Current Corporate Charter registration, if the potential bidder is a domestic (Florida) corporation, or authority to transact business if the potential bidder is a foreign (non-Florida) corporation, as may be required by Florida law.

For projects that require a contractor with specific expertise and experience, the Agency may state additional prequalification requirements relating to demonstrated performance of similar work of similar size and complexity and the possession or availability of facilities or equipment needed for performance of the work in addition to prequalification requirements in accordance with conditions that will be established in the bidding documents.
In each instance where the bid documents set forth certain additional prequalification requirements, each potential bidder shall submit these prequalification data to the Agency as provided in the bid documents. The conditions may include a deadline date for submittal of additional prequalification data, which date will be earlier than the deadline for submission of bids. Bids are to be accepted only from those potential bidders who have prequalified in accordance with this section and the terms of the bidding documents.
Each potential bidder will be notified by the Agency to which it applied for prequalification of its eligibility or ineligibility to submit bids during the balance of the qualification period for a specific field or area of construction. A firm will be permitted to correct prequalification deficiencies if proof of correction is received 120 hours prior to the bid opening date and time. Any bidder or potential bidder that is determined to be ineligible because of failure to provide evidence of the minimum requirements will not be qualified to submit a bid and will be informed in writing of the deficiencies that must be corrected to be considered for future projects. Each potential bidder notified of its eligibility may submit a bid at the time and place designated in the bidding documents as long as the bidder is qualified and eligible to perform the work required by the bidding documents.

(b) Prequalifications for award of the contract on Levels Four and Five Contracts.

Requirements: any bidder that has submitted a bid on Levels Four and Five contracts must satisfy the following requirements as judged by the Agency in order to be eligible for award of the contract for construction.

a. Satisfactory compliance with bid prequalification criteria, if applicable.

b. On projects where the bid exceeds $100,000, the bidder must provide with the bid, a good faith deposit in the amount of 5% of the bid by way of a bid bond from a surety insurer authorized to do business in this State as surety or a certified check accompanying the bid, such requirement may be satisfied by the bidder depositing in lieu of such certified check, a cashier’s check, treasurer’s check or bank draft of any national or state bank.

c. On projects where the bid exceeds $100,000, unless such requirement has been waived in accordance with Rule 60D-5.0041, F.A.C., if requested by the Agency, the bidder must provide with the bid or within two working days of being notified as the low responsive, qualified bidder, evidence of ability to provide the necessary performance and payment bonds for the project by providing a letter of intent to provide a 100% performance bond and a 100% labor and material payment bond from a surety company authorized to do business in the State of Florida by the Department of Financial Services, and meeting the financial and performance rating required by the bidding documents. For contract amounts not exceeding $500,000, the provisions of Section 287.0935, F.S., shall govern.

d. The bidder must provide at any time prior to the Agency’s execution of the construction contract, evidence of insurance in effect, equal to or exceeding the limits required by the bidding documents.

e. On Levels Four and Five projects, the bidder must provide, if requested by the Agency, a list of projects and their status for a period of thirty-six months prior to solicitation and a copy of the contractors current financial statement.

f. Familiarity with local conditions – Unless waived by the Agency for good cause, on Levels Four and Five projects, the contractor must agree to establish or have an active office, or an ongoing project, which office or project is located within 300 road miles of the project site. Good cause shall be the bidder’s refusal to establish a project office with qualified management personnel at or within 300 miles of the project site or a finding by the Agency that a bidder’s office within 300 miles of the project site is not in fact an active office staffed with qualified management staff.

g. Firm experience – On Level Five projects, the contractor must have successfully completed no less than two projects of similar size and complexity within the last three years.

h. Supervisor – On Level Five projects, the contractor must agree to provide field (on-site) supervision (through a named superintendent) for all trade subcontractors on the project. In addition, the contractor shall assign and name a supervisory employee to provide scheduling direction to the entire project. Supervisory employees (including field superintendents, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of a substantially equivalent level on a similar project for at least two years within the last five years. The contractor shall include a resume of experience for each of those proposed supervisory employees.

i. Any specific expertise and experience the contractor’s staff has to perform a project requiring unique or specialized capabilities.

The firm determined by the Agency to have submitted the low, responsive bid must complete and submit the above required qualification data where applicable within seven working days after being notified as the low responsive bidder. The Agency will evaluate all data submitted within seven days of receipt and determine whether the firm is a qualified bidder. Should the bidder be judged unqualified, its bid will be rejected and the bidder submitting the next low responsive bid will be given seven working days to submit its qualification data.

(3) On or before March 17, 2027, the Department shall initiate a review of this rule to determine if it is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs, and thereafter amend the rule as necessary.

History

Rulemaking Authority 255.29 FS. Law Implemented 255.05, 255.051, 255.29 FS. History–New 5-26-76, Amended 6-7-77, 7-14-81, 7-7-83, 9-2-85, Formerly 13D-11.04, Amended 1-1-87, 11-5-91, Formerly 13D-11.004, Amended 8-28-96, 9-22-99, 12-3-14, 3-17-22.

Fla. Admin. Code R. 60D-5.0041 Waiver of Bond Requirements

(1)(a) An agency, pursuant to Section 255.05, F.S., may request delegation of authority from the Secretary to exempt the requirement for performance bond and labor and material bond on a specific project for more than $100,000 but not more than $200,000, in writing, by furnishing the following to the Division prior to the public advertisement for bids:

Copy of the project legislative budget request in the capital improvement plan;
Statement containing the chronology of the project anticipated bid date, completion date and final construction cost.
Statement from the project’s design professional that the exemption of the requirement for performance bond and labor and payment bond will increase the probability of securing competitive bids within the project construction budget.
Copies of the approved construction documents for the project, including plans and specifications.

(b) The Agency, in its public advertisement, shall notify bidders that the project has been exempted from the requirement for the performance bond and labor and material bond.

(2) In all cases where a performance and payment bond is not provided, the following procedures shall be followed:

(a) At any time prior to final completion of a contract exempted from bond requirements, the contracting authority shall not authorize or make payment to the contractor in excess of ninety percent (90%) of the amount due on the contract on the basis of the work suitably completed and material suitably stored on the site.

(b) In case of default by the contractor, the laborers, materialmen, and subcontractors, as defined in Section 713.01, F.S., making claims for unpaid bills, will be paid from the five percent (5%) retainage on a pro rata basis as follows:

The sum of all claims made shall be divided into each individual claim thereby deriving a percentage value for each claim. The total retainage will then be multiplied by the percentage value and the result shall be the pro rata share of the retainage to be paid to the claimant; however, the payment shall not be more than the claim.
The final payment of retainage shall not be made until the project has been inspected by the Architect/Engineer or other person designated by the contracting authority for that purpose and until they have issued a written certificate that the project has been constructed in accordance with the approved plans, specifications and approved change orders and until the contracting authority has accepted the project, and until the contractor has supplied the contracting authority with signed and dated statements from all laborers, materialmen, and subcontractors as defined in Section 713.01, F.S., and identified under subparagraph 4., hereinafter, that they have no claims against the contractor for the work under the contract. Said statements shall identify the project by name and project number.
The contractor, before beginning work or within two workdays thereafter, shall post in a conspicuous place on the project site the following notice:

“Notice is hereby made to all those concerned and affected that ___ (CONTRACTOR’S NAME) is performing ___ (PROJECT NAME), ___ (PROJECT NUMBER) at ___ (LOCATION). All parties furnishing labor and/or materials to said project are to provide notice of such in writing by certified mail to the (AGENCY) within twenty days of first providing such labor and/or materials.”

The contractor shall provide a certified list of all sub-contractors, laborers and material suppliers to the Agency within thirty days of its receiving its notice to proceed with the work. This list shall be updated thereafter each month with a certified statement that the list and its updates include the names and addresses of all of those sub-contractors, laborers, and material suppliers furnishing labor and/or material for the project.
The contractor shall provide a written statement with each pay request to the Agency which indicates how each payment requested will be distributed. This pay request breakdown shall define the disbursement intended for all of the funds requested.
When a contractor receives any payment it shall pay such moneys received to each sub-contractor and material supplier in accordance with Section 287.0585, F.S.
The contractor shall provide a written statement with all but the first payment request from each of the subcontractors, laborers and material suppliers indicated in subparagraph 4., above, that they have in fact received payment as indicated in the preceding statements. In the event any payment is not made as indicated on a prior statement noted in subparagraph 5., above, the contractor shall furnish an explanation as to the reasons for such deviation and shall request approval from the Agency.

History

Rulemaking Authority 255.05, 255.29 FS. Law Implemented 255.05, 255.29 FS. History–New 5-26-76, Amended 6-7-77, 7-14-81, Formerly 13D-11.04(3), Amended 7-7-83, Formerly 13D-11.041, Amended 6-11-86, 11-5-91, Formerly 13D-11.0041, Amended 8-28-96, 12-3-14, 3-17-22.

Fla. Admin. Code R. 60D-5.006 Contractor Evaluation and Disqualification Procedures

(1) The Agency shall, for cause, review the performance of each firm under contract. It will record all known instances of poor or inadequate performances, deficient management resulting in project delay, poor quality workmanship, and late payments to laborers, subcontractors and suppliers. It will review all circumstances surrounding instances of poor performance, management, quality of workmanship, and late payments to laborers, subcontractors and suppliers. The Agency shall make a professional recommendation for disqualification of any firm determined to be deficient. The late payment provisions of this rule apply only to payments made by the contractor to laborers, subcontractors and suppliers that have a direct contract with the contractor. This rule shall not be construed to require payment by any contractor in advance of the time payment is due under the terms in any such direct contract. This rule shall not be construed to modify or impair the right of any contractor to withhold any payment based on a bona fide contract dispute between the contractor and any laborer, any subcontractor or any supplier.

(2) The recommendation for disqualification will be reviewed by a three-member panel appointed by the Agency Head which will make a recommendation to the Agency Head on disqualification from bidding on Agency projects for a period of time determined by the Agency Head to be justified based on the seriousness of the deficiency.

(3) Any decision or intended decision to disqualify a contractor will be provided to the contractor by notice through the certified U.S. Mail and such notice will state the time limit for requesting an administrative hearing of the decision or intended decision as set forth in the Agency’s applicable rules and Chapter 120, F.S.

History

Rulemaking Authority 255.29(1) FS. Law Implemented 255.29(1) FS. History–New 5-26-76, Amended 7-7-83, Formerly 13D-11.06, Amended 1-25-89, 11-5-91, Formerly 13D-11.006, Amended 8-28-96.

Fla. Admin. Code R. 60D-5.007 Determination of Successful Bidder

(1) All projects, except where competitive bidding is waived under the provisions of Rule 60D-5.008, F.A.C., will be publicly bid in accordance with the provisions in the project bidding documents and Section 255.0518, F.S. Award of contract will be made to the responsive bidder, determined to be qualified in accordance with the provisions herein and meeting the requirements of the bidding documents, that submits the lowest valid bid for the work. The lowest bid will be determined as follows:

(2) The lowest bid will be the bid from the responsive bidder that has submitted the lowest price for the base bid or the base bid plus the additive alternates or less the deductive alternates chosen by the Agency, or contract management entities in conjunction with the Agency, to be included in or excluded from the proposed contract, taken in numerical order listed in the bid documents. The order of the alternates may be selected by the Agency, or contract management entities in conjunction with the Agency, in any sequence so long as such acceptance out of order does not alter the designation of the low bidder.

(3) On projects whose bidding documents provide for evaluation of the bids based on first cost and life cycle cost and performance criteria, the lowest bid will be the bid by the firm whose bid products are determined to yield the lowest total cost in accordance with the criteria set forth in the bidding documents.

History

Rulemaking Authority 255.29, 255.30 FS. Law Implemented 255.29, 255.30 FS. History–New 5-26-76, Amended 6-7-77, 7-14-81, 7-7-83, Formerly 13D-11.07, Amended 11-5-91, Formerly 13D-11.007, Amended 12-3-14.

Fla. Admin. Code R. 60D-5.0071 Rejection of Bid(s)

(1) The Agency, or contract management entities in conjunction with the Agency, shall reserve the right to reject any or all bids or portions thereof under any of the following circumstances:

(a) When the bidding process, including the procedure followed by the Agency, involves a material conflict with a rule or statutory or case law;

(b) When the Agency has evidence to indicate that collusion exists among the bidders;

(d) When the Agency has evidence to indicate the bidder is not in a position to perform the contract in accordance with Rule 60D-5.004, F.A.C.;

(e) When the Agency has evidence to indicate the bidder has interest in more than one proposal for the same work;

(f) When the Agency finds the unit price provided with a bid proposal is not approximately the same as the unit cost for the same work provided as a lump sum for a specified quantity in the base bid, or alternate;

(g) When the Agency determines that the bid is not valid according to the bid specifications;

(h) When the Agency determines that a conflict of interest exists.

(2) The Agency also reserves the right to reject a bid that is unreasonably low. “Unreasonably low” means that requiring the contractor to perform the contract at that price would be reasonably expected to result in unacceptable quality of performance or abandonment of the project; however, this subsection is not applicable unless the bid is at least 20% less than the next low bid. When the Agency suspects that the apparent low responsive bid is unreasonably low, the following policies and procedures apply:

(a) The Agency shall advise the bidder of why the bid is suspected of being unreasonably low and require the bidder to reconsider the bid.

(b) The bidder, upon reconsideration, within 10 working days (or longer if the parties agree) from the date the bidder received the Owner’s request for reconsideration, shall inform the Agency of its position on whether the bid is unreasonably low and furnish the Agency all relevant information including the documents that pertain to the reconsideration. The bidder shall demonstrate to the Agency that its position is correct, whether the decision was affirmative or negative.

(c) If the Agency concludes that the bid is unreasonably low, the Agency shall give notice of intention to reject the bid, subject to the right of the bidder to file a bid protest. If the bidder fails to furnish evidence in support of the bid, the Agency may presume that the bid is unreasonably low.

History

Rulemaking Authority 255.29 FS. Law Implemented 255.29 FS. History–New 7-7-83, Formerly 13D-11.071, Amended 11-5-91, Formerly 13D-11.0071, Amended 8-28-96, 12-3-14.

Fla. Admin. Code R. 60D-5.0072 Waiver of Non-material Bid Deviation

History

Rulemaking Authority 255.29 FS. Law Implemented 255.29 FS. History–New 7-7-83, Formerly 13D-11.072, Amended 11-5-91, Formerly 13D-11.0072, Repealed 12-8-98.

Fla. Admin. Code R. 60D-5.0073 Contract Levels, Limits of Public Advertising and Bidding

(1) The Department hereby delegates authority to each Agency to execute a contract in accordance with these rules for projects within contract levels defined in subsection 60D-5.002(2), F.A.C.

(2) Contracts within Level One may be executed with the firm whose proposal the Agency determines best meets the needs of the Agency, using two or more verbal quotations, whenever practical. Should verbal quotations be received, name and address of the company and amount quoted shall be a part of the written documentation. If at least two quotations are not received, a statement of why they were not received must be shown. Quotations shall be confirmed by written proposals of the firms defining the scope and quality of work to be provided.

(3) Contracts within Levels Two and Three may be executed with the firm whose proposal, the Agency determines best meets the needs of the Agency. The Agency shall request at least three firms to submit sealed written proposals based on a written specification. The written proposals shall all be opened publicly at the same date, time and place named by the Agency. A tabulation of the results shall be furnished to each firm if requested.

(4) Except as otherwise authorized by law or rule, competitive sealed bids are required for contracts within Level Four, which shall be publicly advertised in the Florida Administrative Register once, at least 21 calendar days prior to the established bid opening, based on approved plans and specifications. The announcement shall also be published on the Agency’s website. Bids shall be received and opened publicly at a location, date and time established in the bid advertisement, and results will be posted on the Agency’s website.

(5) Except as otherwise authorized by law or rule, competitive sealed bids are required for contracts within Level Five, which shall be publicly advertised in the Florida Administrative Register at least 30 days prior to the established bid opening, and in at least one newspaper of general circulation in the county where the project is located at least 30 days prior to the established bid opening and at least 5 days prior to any scheduled pre-bid conference. The announcement shall also be published on the Agency’s website. Bids shall be received and opened publicly at a location, date and time established in the bid advertisement, and results will be posted on the Agency’s website. In cases of emergency, the Secretary of the Department of Management Services may alter the procedures required in this section in any manner that is reasonable under the emergency circumstances.

History

Rulemaking Authority 255.29 FS. Law Implemented 255.29, 255.0525 FS. History–New 11-5-91, Formerly 13D-11.0073, Amended 8-28-96, 12-8-98, 12-3-14.

Fla. Admin. Code R. 60D-5.0074 Eighteen-Month Contracts for Repair and Construction Services

History

Rulemaking Authority 255.29 FS. Law Implemented 255.29 FS. History–New 11-5-91, Formerly 13D-11.074, Repealed 8-28-96.

Fla. Admin. Code R. 60D-5.008 Qualifications-Based Selection; Contractor Selection and Negotiation Procedures for Projects Within Level Four and Level Five Contracts

(1) The Secretary of the Department may waive the requirements of Rule 60D-5.0073, F.A.C., and permit negotiation of construction contracts in accordance with Rules 60D-5.0082 and 60D-5.0091, F.A.C., in cases determined by him to be in the best interest of the State.

(2) In making a determination of best interest of the State, the Secretary of the Department may consider such factors as:

(a) Is the need for the facility significant enough to require a substantial reduction of normal delivery time, requiring overlap of design and construction development phases?

(b) Is the size of the project large, requiring major emphasis on the qualification of the contractor because of the highly specialized requirements for scheduling, value engineering, and construction management?

(c) Is the complexity of the project significant, requiring a contractor with specific expertise to be applied to the design process with continuity through the construction phase?

(d) Is the project construction funding spread out over more than one year thereby making it advantageous to retain a contractor through a construction management/negotiated fee-guaranteed maximum price form of agreement?

(e) Is the project an alteration of an occupied facility which requires working around or relocating occupants while keeping the facility fully operational?

(f) Is the project a repair or renovation where the conditions requiring correction cannot be fully determined and specified without contractor involvement in the removal and examination process as an integral part of design (e.g., concealed damages, removal of asbestos, transformers containing PCB’s, etc.)?

(g) Is the project one which is predominantly historic preservation/restoration requiring a specifically qualified contractor’s involvement in the design process with continuity of construction management through both the design and construction phases?

(h) Is the Agency able and qualified to perform the contractor selection and contract negotiation in accordance with Rules 60D-5.0082 and 60D-5.0091, F.A.C., as determined by the Division?

(i) Are the construction services required to perform the work on the project available only from one contractor, for a “single source contract”?

(3) In requesting in writing the authority to negotiate from the Secretary, the Agency shall respond to the applicable factors in subsection 60D-5.008(2), F.A.C., in sufficient detail to justify the authority and will certify to the Secretary that such factors exist, and that negotiation of the construction contract will accommodate reduction in delivery time, size and complexity, special expertise, funding cycles or any of the factors under consideration.

History

Rulemaking Authority 255.29, 255.30 FS. Law Implemented 255.29, 255.30 FS. History–New 5-26-76, Amended 1-2-78, 7-14-81, 7-7-83, Formerly 13D-11.08, Amended 1-25-89, 11-5-91, Formerly 13D-11.008, Amended 12-3-14.

Fla. Admin. Code R. 60D-5.0081 Waiver of Competitive Bidding in Case of Valid Emergencies; Selection and Negotiation Procedures for Projects Within Level Four and Level Five

History

Rulemaking Authority 255.29 FS. Law Implemented 255.29 FS. History–New 7-14-81, Amended 7-7-83, Formerly 13D-11.081, Amended 11-5-91, Formerly 13D-11.0081, Repealed 12-3-14.

Fla. Admin. Code R. 60D-5.0082 Competitive Selection

When authorized under Rule 60D-5.008, F.A.C., the Agency shall determine the contractor most able to perform the work as follows:

(1) For competitive selection by the Department, there shall be a Selection Committee comprised of a minimum of five persons consisting of the following: Three members shall be selected by the Director of the Division or their designated alternate; and two members shall be selected by the Client Agency for which the project will be constructed. For other Agencies, there shall be a committee of no less than five persons consisting of at least one Division Director and one Bureau Chief or their equivalent plus three other members familiar with the construction industry and with the project. Once the Selection Committee is established, it shall serve throughout the selection process for a project until completed.

(2) For each project for which construction services are required the Selection Committee shall evaluate statements of qualification data submitted by firms proposing to provide construction services for the project. It shall conduct discussions with and may require public presentation by no less than three firms, or all firms if fewer than three firms submit statements of qualification, regarding their qualifications, approach to the project and ability to furnish the required services.

(3) The Selection Committee shall determine the relative ability of each firm to perform the services required for each project. Determination of ability shall be developed utilizing the evaluation criteria set forth in the evaluation scoring form, number PD-24 https://www.flrules.org/Gateway/reference.asp?No=Ref-04738 entitled “Evaluation Summary Sheet – General Contractor/Construction Manager Selection”, revised 6/2014 which is hereby incorporated by reference. The form may be obtained from the Department of Management Services, Division of Real Estate Development and Management/Building Construction, 4050 Esplanade Way, Suite 315, Tallahassee, Florida 32399-0950 or on the department’s website.

(4) The Selection Committee shall select firms in order of preference and deemed to be most highly qualified to perform the required services based on the scores determined pursuant to subsection (3). The Committee will recommend its selections to the Agency Head. The Agency will negotiate a contract with the firm determined to be most qualified in full accordance with procedures set forth in Rule 60D-5.0091, F.A.C.

History

Rulemaking Authority 255.29 FS. Law Implemented 255.29 FS. History–New 1-25-89, Amended 11-5-91, Formerly 13D-11.0082, Amended 8-28-96, 9-22-99, 12-3-14.

Fla. Admin. Code R. 60D-5.0091 Competitive Negotiation

(1) When authorized under Rule 60D-5.008, F.A.C., the Agency shall negotiate a contract for construction services for the project with the firm authorized under Rule 60D-5.0082, F.A.C., at compensation determined to be fair, competitive and reasonable, to provide for profit, overhead, and direct management costs plus actual costs not to exceed a guaranteed maximum price.

(2) Should the Agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price the Agency determines to be fair, competitive and reasonable, negotiations with that firm shall be formally terminated. The Agency shall then undertake negotiations with the second most qualified firm and thereafter if necessary with the third.

(3) Should the Agency be unable to negotiate a satisfactory contract with any of the selected firms, additional firms shall be selected in accordance with Rule 60D-5.0082, F.A.C. Negotiations shall continue in accordance with this section until an agreement is reached.

History

Rulemaking Authority 255.29, 255.30 FS. Law Implemented 255.29, 255.30 FS. History–New 1-25-89, Amended 11-5-91, Formerly 13D-11.0091, Amended 12-3-14.

Fla. Admin. Code R. 60D-5.0092 Changes in the Contract

(1) The contractor’s performance of work necessary to complete a project is specified and described in the bidding and contract documents. Should conditions alter the nature and extent of the work specified and described in the bidding and contract documents, and the alteration of such conditions causes greater or less cost and expense or time to perform the work required to complete the project as specified or described and planned to be incurred in the contractor’s successful bid, an adjustment shall be made by means of a change order to the contract time and/or contract amount.

(2) All adjustments to the contract amount resulting from a change in the work shall be determined by the measure of actual or estimated as the case may be, out-of-pocket costs and expenses incurred or avoided by the contractor for labor, materials, equipment, equipment rental, and overhead and profit thereon, for performing the changed work, or not performing the work.

(3) It is in the best interest of the state that the project contractor perform changes in the work and that bidding not be required (a) if the contractor’s performance and capability remain satisfactory at the time of a proposed change order and (b) if the change is within the general scope of the contract and the contract contains a method of calculating overhead and profit caused by change orders, or (c) if the change will reduce either the scope or size of the project or the contract price, or (d) if the change is an integral part of the project and is necessary to correct an unanticipated condition which is necessary to permit the construction to continue and the contractor will agree to a reasonable negotiated increase in the contract price. The Agency shall make a determination of the best interest of the state on the basis of these criteria for each proposed change in the work.

History

Rulemaking Authority 255.29, 255.30(1) FS. Law Implemented 255.29, 255.30(1) FS. History–New 11-5-91, Formerly 13D-11.0092.

Fla. Admin. Code R. 60D-5.010 Notice and Protest Procedures for Projects Bid by the Department of Management Services Only

(1) This rule applies to protests to contract bidding or award in cases not involving disputes of material fact.

(2) The qualifications of persons to serve as presiding officers in informal proceedings conducted pursuant to subsection (2) of Section 120.57, F.S., are that a presiding officer must be either a member in good standing of The Florida Bar or knowledgeable by virtue of practical experience of the procedures relating to soliciting and evaluating bids for state contracts.

History

Rulemaking Authority 120.57(3)(d) FS. Law Implemented 120.57(3) FS. History–New 7-14-81, Amended 7-7-83, Formerly 13D-11.10, Amended 6-11-86, 11-5-91, Formerly 13D-11.010, Amended 12-8-98.

Chapter 60D-7 MINIMUM CODES FOR STATE CONSTRUCTION UNDER THE JURISDICTION OF THE DEPARTMENT OF MANAGEMENT SERVICES

Fla. Admin. Code R. 60D-7.001 Purpose

History

Rulemaking Authority 553.73(1), (2), 255.21(2), 255.25 FS. Law Implemented 553.73, 553.79, 553.80 FS. History–New 9-7-81, Formerly 13D-17.01, 13D-17.001, Amended 5-12-96, Repealed 12-22-15.

Fla. Admin. Code R. 60D-7.002 Definitions

History

Rulemaking Authority 255.21(2), 553.73(1), (2) FS. Law Implemented 553.73 FS. History–New 9-7-81, Formerly 13D-17.02, Amended 10-31-90, Formerly 13D-17.002, Amended 5-12-96, Repealed 12-22-15.

Fla. Admin. Code R. 60D-7.003 General Provisions

History

Rulemaking Authority 553.73, 553.79(1) FS. Law Implemented 553.73, 553.79 FS. History–New 9-7-81, Amended 7-10-85, Formerly 13D-17.03, Amended 10-31-90, Formerly 13D-17.003, Amended 5-12-96, Repealed 12-22-15.

Fla. Admin. Code R. 60D-7.005 Minimum Basic Codes

History

Rulemaking Authority 553.73(1), (2) FS. Law Implemented 553.73 FS. History–New 9-7-81, Amended 7-10-85, Formerly 13D-17.05, Amended 10-31-90, Formerly 13D-17.005, Amended 5-12-96, Repealed 10-24-11.

Fla. Admin. Code R. 60D-7.006 Code Panel

History

Rulemaking Authority 255.21(2) FS. Law Implemented 255.21(2) FS. History–New 5-12-96, Repealed 12-22-15.

Chapter 60D-13 PROCEDURES FOR CONTRACTING FOR DESIGN-BUILD SERVICES

Fla. Admin. Code R. 60D-13.001 Purpose

History

Rulemaking Authority 255.29(4), 287.055(9)(c) FS. Law Implemented 255.29, 287.055(9) FS. History–New 6-23-87, Formerly 13D-23.001, Amended 5-7-96, 7-5-98, Repealed 12-27-17.

Fla. Admin. Code R. 60D-13.002 Definitions

(1) “Design-Build” means providing one single administrative entity (a “firm” as defined herein) responsible for design and construction under one contract where services within the scope of practice of architecture, or professional engineering as defined by the laws of the State of Florida are performed by a registered architect or professional engineer and where those services within the scope of construction contracting as defined by the laws of the State of Florida for construction are performed by a certified or registered contractor as applicable according to Florida Statutes.

(2) “Firm” means a “design-build firm” as defined in Section 287.055(2)(h), F.S.

(3) “Project” means that fixed capital outlay project described in the public announcement including:

(a) Individual facilities;

(b) Grouping of facilities, rehabilitation and/or renovation activities.

(4) “Design Criteria Package” means a clear, concise, performance oriented outline specification of the requirements of the project which defines the design constraints and the time and budgetary constraints to be achieved. This may include graphics indicating the site plan, survey dimensions, contours, access roads, setbacks and preferred massing of the building elements.

(5) “Design Criteria Professional” means the architect or professional engineer under contract to an agency for providing professional services in the preparation of the design criteria package.

History

Rulemaking Authority 255.29(4), 287.055(9)(c) FS. Law Implemented 255.29, 287.055(9) FS. History–New 6-23-87, Formerly 13D-23.002, Amended 5-7-96, 7-5-98.

Fla. Admin. Code R. 60D-13.003 Selection of the Design Criteria Professional

The design criteria professional shall be selected and contracted with in accordance with the requirements of Section 287.055(10), F.S., unless he or she is an employee of the agency. He or she will not be eligible to render services under the design-build contract.

History

Rulemaking Authority 255.29(4), 287.055(10) FS. Law Implemented 255.29, 287.055(10) FS. History–New 6-23-87, Formerly 13D-23.003, Amended 7-5-98.

Fla. Admin. Code R. 60D-13.004 Design Criteria Package Requirements

A design criteria package shall be prepared for the Division by the Design Criteria Professional. It shall specify performance criteria for the building including, but not limited to, size, net interior space provisions, location, material quality standards, cost, construction schedule, site development requirements, landscaping, grading, utility provisions for water, power, telephone, storm water disposal and parking provisions. The purpose of the package is to furnish sufficient information upon which firms may prepare bid proposals or upon which negotiations may be based. The firm to whom the design-build contract is awarded will be responsible for creation of the project design based on the criteria in the design criteria package.

History

Rulemaking Authority 255.29(4) FS. Law Implemented 255.29 FS. History–New 6-23-87, Formerly 13D-23.004.

Fla. Admin. Code R. 60D-13.005 Minimum Qualification Requirements for Firms Providing Design-Build Services

Before submitting a proposal, firms offering to provide design-build services under Rule 60D-13.008, F.A.C., shall satisfy the qualification requirements set forth in paragraphs 60D-5.004(1)(a) and (2)(a), F.A.C.

History

Rulemaking Authority 255.29(4), 287.055(9)(c) FS. Law Implemented 255.29, 287.055(9) FS. History–New 6-23-87, Formerly 13D-23.005, Amended 7-5-98.

Fla. Admin. Code R. 60D-13.006 Public Announcement Procedures

(1) Except as authorized by subsection (2) for a design-build project that is projected to cost no more than $200,000 (a “small project”), the agency shall publish an announcement in the “Florida Administrative Weekly” published by the Department of State, Division of Elections, Tallahassee, Florida 32399, available by subscription through the Division of Elections, or on the Florida Communities Network at http://fcn.state.fl.us/dms/dbc/oppor1.html providing a general description of the project and defining procedures on how interested qualified firms may apply for consideration.

(2) The Department of Management Services may declare an emergency and waive the publication of notice for a small project. An emergency is a set of circumstances caused by a sudden unexpected turn of events (e.g., acts of God, riot, fires, floods, accidents or any circumstances or cause beyond the control of the agency in the normal conduct of its business) where the delay incident to publication of the announcement and competitive proposals would result in an immediate danger to the public health, safety or welfare or other substantial loss to the state.

(3) For a project that is projected to cost more than $200,000, the agency shall comply with the advertising requirements of Section 255.0525, F.S.

History

Rulemaking Authority 255.29(4), 287.055(9)(c) FS. Law Implemented 255.29, 287.055(9) FS. History–New 6-23-87, Formerly 13D-23.006, Amended 7-5-98.

Fla. Admin. Code R. 60D-13.007 Certification and Competitive Selection

(1) The agency shall determine the relative ability of each firm to perform the services required for each project. Determination of ability shall be based on staff training and experience, firm experience, location, volume of past contracts with the agency, financial capacity, past performance, and current and projected work load. In making its determination the agency shall interview no fewer than three firms to determine the firms’ ability to provide services and commitment to meet time and budget requirements.

(2) The agency shall select no fewer than three and no more than six firms deemed to be most highly qualified to perform the required services, after considering the factors in subsection (1) above. Each of these firms will be eligible for consideration in accordance with Rule 60D-13.008 or 60D-13.009, F.A.C.

(3) The Secretary of Department of Management Services may determine that it is in the Best Interest of the State to negotiate instead of inviting competitive proposals when:

(a) The project is one with standard requirements such as an office building or a storage warehouse; or

(b) The project requires special expertise; or

(4) When the Secretary of the Department of Management Services determines in writing that an emergency exists, as defined in Section 255.0525(5), F.S., a firm shall be selected by competitive negotiation under Rule 60D-13.009, F.A.C.

History

Rulemaking Authority 255.29(4), 287.055(9)(c) FS. Law Implemented 255.29, 287.055(2)(h), (9) FS. History–New 6-23-87, Formerly 13D-23.007, Amended 5-7-96, 7-5-98.

Fla. Admin. Code R. 60D-13.008 Competitive Proposals for Design-Build Services

(1) Unless negotiation is authorized, proposals will be received from those qualified firms determined eligible under subsection 60D-13.007(2), F.A.C. Proposals shall include proposed price and a conceptual design in response to the design criteria package. The agency shall establish a relative weighing factor, that is, a maximum permissible score in the form of a percentage, for each proposed building system component of the design criteria package. The weighing factors shall total 100%. The agency shall review the conceptual design proposed by each firm and give each component a score somewhere between zero and the maximum permissible score (the weighing factor) for the component.

(2) The agency will then total the score given for each proposed component and divide that score into the price proposed. The quotient will be the adjusted price. The low qualified proposer will then be that proposer whose adjusted price is lowest. The agency shall approve an award to the firm with the lowest adjusted price and enter into a contract for the proposed price if the price is within the project budget.

History

Rulemaking Authority 255.29(4), 287.055(9)(c) FS. Law Implemented 255.29, 287.055(9) FS. History–New 6-23-87, Formerly 13D-23.008, Amended 5-7-96, 7-5-98.

Fla. Admin. Code R. 60D-13.009 Competitive Negotiation for Design-Build Services

(1) If negotiation is authorized, the agency shall select no fewer than three firms in order of preference from those deemed to be most qualified to perform the required services under Rule 60D-13.007, F.A.C. In making its determination the agency shall interview no fewer than three firms to determine their relative ability to meet time and budget requirements and to identify and establish the relative merits of each firm’s approach to managing and scheduling the project. The agency will then attempt to negotiate a contract with the most qualified firm.

(2) When authorized, the agency shall negotiate and enter into a contract for design-build services for the project with the firm authorized at compensation determined to be fair, competitive and reasonable. In making the determination, the agency shall analyze the cost of the design-build services required, giving full consideration to the scope and complexity of the project. The compensation shall be on a guaranteed maximum price basis for all costs which shall include reimbursable costs plus fixed lump sum fees for design, project management, overhead and profit.

(3) Should the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price the agency determines to be fair, competitive and reasonable, negotiations with that firm shall be formally terminated. The agency shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency shall then undertake negotiations with the third most qualified firm.

(4) Should the agency be unable to negotiate a satisfactory contract with any of the selected firms, additional firms shall be selected in accordance with the provisions of this chapter. Negotiations shall continue in accordance with this section until an agreement is reached.

(5) The award of a negotiated contract shall be approved by the agency head or designee.

History

Rulemaking Authority 255.29(4), 287.055(9)(c) FS. Law Implemented 255.29, 287.055(9) FS. History–New 6-23-87, Formerly 13D-23.009, Amended 5-7-96, 7-5-98.

Chapter 60D-14 XERISCAPE, OR EFFICIENCY IN THE USE OF WATER IN THE MAINTENANCE OF LANDSCAPE

Fla. Admin. Code R. 60D-14.005 Purpose and Scope

History

Rulemaking Authority 255.259(3) FS. Law Implemented 255.259, 255.25(1) FS. History–New 4-19-98, Repealed 12-27-17.

Fla. Admin. Code R. 60D-14.006 Definitions

(1) “Landscape” means any and all maintained areas which are native or are ornamentally planted including turf, ground covers, flowers, shrubs, trees, and similar plant materials as opposed to agricultural crops grown and harvested for monetary return.

(2) “Irrigation” means application of water by artificial means, that is, means other than natural precipitation.

(3) “Micro-irrigation” means the frequent application of small quantities of water directly on or below the soil surface, usually as discreet drops, tiny streams, or miniature sprays through emitters placed along the water delivery pipes (laterals). Micro-irrigation encompasses a number of methods or concepts including drip, subsurface, and spray irrigation, previously known as trickle irrigation.

(4) “Micro-irrigation system” means the physical components required to apply water by micro-irrigation. System components may include a pumping station, controls, main and submain pipelines, lateral pipelines, emitters, valves, fittings and safety devices.

(5) “Cultivar” means a horticulturally derived variety of a plant as distinguished from a natural variety.

(6) “Invasive or noxious plants” means plant materials that are prohibited by statute or ordinance within the local jurisdiction within which each site is located.

History

Rulemaking Authority 255.259(3) FS. Law Implemented 255.259 FS. History–New 4-19-98.

Fla. Admin. Code R. 60D-14.007 Landscape Design and Maintenance Requirements

(1) Schematic designs and detailed construction documents shall be prepared by a person or entity authorized by Part II of Chapter 481, Florida Statutes, and shall be submitted to the Facilities Development office of the Facilities Program of the Department of Management Services for review and approval:

(a) Irrigated landscape shall be confined to the environs of the building, to areas designated for programmed activities and to building approaches used by the public.

(b) The natural ground-slope and a generally level grade shall be maintained whenever possible, minimizing water run-off.

(c) Except for plants considered invasive or noxious, existing trees, shrubs and plant communities (native or cultivars) shall be preserved where consistent with required improvements and the objectives of this chapter. When new landscaping groundcovers, shrubs, and trees are required, drought-tolerant plants shall be utilized.

(d) Soils shall be analyzed for acidity/alkalinity, permeability and water retention shall be assessed, and plants shall be chosen suited to the soil condition.

(e) Mulches shall be used upon landscape beds and around the base of trees to maintain a two to three inch layer after settling.

(f) Except for the initial establishment of plants, programmed irrigation shall be limited to the period between midnight and 7:00 a.m.

(g) The landscape shall be inspected biannually by the agency maintaining the building to evaluate the health of plantings and the quality of maintenance and a record made of the condition. Provision shall be made for remediation of unsuitable features.

(2) Irrigation systems, either for the establishment or the continuous maintenance of the landscape, shall conform to applicable building codes and the design-standard publications entitled “Standards and Specifications for Turf and Landscape Irrigation Systems”, 3rd Edition, February 1996, and “Standards and Specifications for Agricultural Solid-Set Sprinkler and Micro-Irrigation Systems”, 1st Edition, April 1991, published by and obtainable from the Florida Irrigation Society, Inc., 1850 Lee Road, Suite 230, Winter Park, Florida 32789. These standards are adopted and incorporated into this section by reference as rules of the Department.

(3) Non-potable water shall be considered as an irrigation source whenever available; sources include non-recycled condenser water, domestic waste-water or treated sewage effluent and surface or ground waters, where permitted by regulation or local ordinance.

(4) To meet the minimum watering requirements of the respective plants:

(a) Sprinkler coverage shall be head-to-head with minimal water spill to impervious surfaces (driveways, sidewalks, etc.).

(b) Micro-irrigation systems shall be considered for shrub, tree and annual beds and for containerized plants.

(d) When a programmed automatic control system is used, it shall provide for flexible and separate scheduling of the irrigation zones.

(e) Irrigation systems shall be supervised when in use or shall include an automatic shut-off device to shut down the system upon the occurrence of rain in a quantity equal to the average of the designed provision of all zones of the irrigation system estimated in inches per acre to be delivered within each scheduled irrigation cycle.

(f) Except for the initial establishment of plants, programmed irrigation shall be limited to the period between midnight and 7:00 a.m.

(g) The frequency of irrigation shall be seasonally adjusted to irrigate less frequently during cool or wet periods.

(h) The party responsible for the operation of the facility shall monitor the performance of the irrigation system on a monthly schedule during the operating season and maintain an inspection log; repairs and adjustments shall be made promptly as need arises.

History

Rulemaking Authority 255.259(3) FS. Law Implemented 255.259, 255.25(1)(a) FS. History–New 4-19-98.

Fla. Admin. Code R. 60D-14.008 Transition

Agencies responsible for maintenance of landscape at buildings and facilities constructed before July 1, 1992, shall undertake maintenance in accordance with this chapter. Agencies not in compliance shall modify the design of the landscape to conform to this chapter, including all features of design and maintenance, and shall request adequate appropriation of funds for implementation.

History

Rulemaking Authority 255.259(3) FS. Law Implemented 255.259, 255.25(1)(a) FS. History–New 4-19-98.

Chapter 60D-15 Utilization of Construction Management Entities

Fla. Admin. Code R. 60D-15.001 Definitions and Incidental Policies

(1) “Activation” means an agency negotiation for a specific project with a construction management entity under continuing contract with the Department, which results in an agency contract.

(2) “Agency contract” means a proprietary construction project contract between a state agency and a construction management entity under continuing contract with the Department.

(3) “Agency Project Manager” means a full-time-equivalent state employee who is currently licensed by the Florida Department of Business and Professional Regulation as an architect, engineer, or a general contractor (as defined in Section 489.105(3)(a), F.S.).

(4) “Competitive negotiation standards” means the methodology established in Rule 60D-5.0091, F.A.C., for determining fair, competitive and reasonable costs and the process of successive negotiations with the next most qualified continuing contract entity.

(5) “Continuing contract entity” means a construction management entity under a Department contract.

(6) “Continuing contract type” means any general, distinctive or specialized construction, renovation or repair activity identified by the Department as a state need.

(7) “Department” means the Department of Management Services.

(8) “Department contract” means a continuing contract between the Department and a construction management entity established under Section 255.32, F.S.

(9) On or before 3/17/2027, the Department shall initiate a review of this rule to determine if it is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs, and thereafter amend the rule as necessary.

History

Rulemaking Authority 255.32 FS. Law Implemented 255.32 FS. History–New 5-30-10, Amended 3-17-22.

Fla. Admin. Code R. 60D-15.002 Agencies’ Procedures for Contracting with Continuing Contract Entities

(1) All state agencies serving as the managing agency of a state-owned facility or a state construction site are authorized to utilize the services of any current Department contract through activation.

(2) All agency activations shall be implemented through an agency contract that is exclusive between the agency and a continuing contract entity.

(3) All agency activations shall be executed in compliance with any terms and conditions within the Department’s contract with each individual continuing contract entity.

(4) All activations shall be determined by the contracting agency. Determination shall be based on the needs of the individual project and any qualifications and performance data of the continuing contract entity.

(5) All agencies shall negotiate individual project fees with the selected continuing contract entity in accordance with competitive negotiation standards established in Rule 60D-5.0091, F.A.C. After negotiating with a continuing contract entity an agency pursuant to Section 255.32(4), F.S., can require the construction management entity to offer a guaranteed maximum price and a guaranteed completion date. The agency shall require the construction management entity to secure an appropriate surety bond in conformity with Section 255.05, F.S. The agency shall require the construction management entity to hold all construction subcontracts for the project. Under no circumstance shall an agency contract with a continuing contract entity when the estimated construction costs per individual project exceed $4 million.

(6) All agency contracts shall have an assigned Agency Project Manager for administrating project funds and providing project management oversight, from the identification of a project through its final completion. Agency Project Managers assigned to a project are required to monitor the construction management entity for:

(a) Compliance with state regulations governing the advertisement and competitive bidding of all the subcontracted parts of the project established in Chapter 60D-5, F.A.C.; and

(b) Compliance with the agency contract at the construction site.

(7) All agencies shall report quarterly to the Department on form number FP-01 “Agency Continuing Contract Activity Quarterly Report”, revised 11/2010, which is hereby incorporated by reference and is available at the address below in subsection (11) or websites http://dms.myflorida.com/business_operations/real_estate_development_management/building_construction/forms_and_documents and https://www.flrules.org/Gateway/reference.asp?No=Ref-12143 .

(8) All agencies shall submit to the Department on July 1 of each year any needs identified for the establishment of a continuing contract type.

(9) Before contracting with a continuing contract entity, an agency shall first submit a list of employees qualified to serve as Agency Project Managers as defined by Rule 60D-15.001, F.A.C. All submitted lists shall be accompanied by a copy of each employees’ active license that qualifies them as an agency Project Manager. An agency cannot contract with a continuing contract entity unless the agency employs a Department approved Agency Project Manager.

(10) The Department shall consider Agency Project Managers for continuing contract selection committees only upon notification of an Agency Project Manager’s availability to serve on a selection committee.

(11) All correspondence with the Department shall be directed to the following address:

Department of Management Services

Division of Real Estate Development and Management

Building Construction Contracts Administrator

4050 Esplanade Way

Tallahassee, Florida 32399-0950

(12) On or before 3/17/2027, the Department shall initiate a review of this rule to determine if it is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs, and thereafter amend the rule as necessary.

History

Rulemaking Authority 255.32 FS. Law Implemented 255.05, 255.32, 287.055 FS. History–New 5-30-10, Amended 3-17-22.

Chapter 60D-16 UNITED STATES-PRODUCED IRON AND STEEL IN PUBLIC WORKS PROJECTS

Fla. Admin. Code R. 60D-16.001 Definitions

This rule defines capitalized terms used in Chapter 60D-16, F.A.C.

(1) “Administering Entity” means the Governmental Entity administering the funds for a Project or the purchase of materials for a Project.

(2) “Availability Waiver” means the waiver described in subparagraph 60D-16.002(3)(a)2., F.A.C.

(3) “Cost Waiver” means the waiver described in subparagraph 60D-16.002(3)(a)4., F.A.C.

(4) “Domestic Iron or Steel Product” means an Iron or Steel Product that is Produced in the United States.

(5) “Equipment” means tangible personal property to be used or installed in the Project in connection with the operation of the completed Project, such as computers, printers, telephones, televisions, security systems, office supplies, kitchen wares, shelving, freezers, appliances, and artwork.

(6) “Foreign Iron or Steel Product” means an Iron or Steel Product that is not Produced in the United States.

(7) “Governmental Entity” is as defined in section 255.0993(1)(a), F.S.

(8) “Iron or Steel Product” is as defined in section 255.0993(1)(b), F.S. For the avoidance of doubt, electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other appurtenances related to an electrical system, necessary for operation or concealment, except transmission and distribution poles, are not considered Iron or Steel Products and are exempt from the requirements of paragraph 60D-16.002(1)(a), F.A.C.

(9) “Manufacturing Process” is as defined in section 255.0993(1)(c), F.S.

(10) “Permanently Incorporated” means a product or material that is required by the Project plans or specifications to remain in place at the completion of the Project in a fixed location.

(11) “Produced in the United States” is as defined in section 255.0993(1)(d), F.S.

(12) “Public Interest Waiver” means the waiver described in subparagraph 60D-16.002(3)(a)5., F.A.C.

(13) “Public Works Project” is as defined in section 255.0993(1)(e), F.S. A Public Works Project may also be referred to as a “Project.”

(14) “Quality Waiver” means the waiver described in subparagraph 60D-16.002(3)(a)3., F.A.C.

(15) “Quantity Waiver” means the waiver described in subparagraph 60D-16.002(3)(a)1., F.A.C.

(16) “Total Contract Cost” means the guaranteed maximum cost or lump sum total cost of the Project as set forth in the contract for the Project. If no such guaranteed maximum or total cost is set forth in the contract, then the Total Contract Cost means the estimated cost of all labor and materials needed to fully complete the Project (as determined by the Administering Entity, in consultation with the contractor), in addition to any percentage applicable to the contractor's overhead and profit if such percentage is set forth in the contract for the Project.

(17) “Total Cost of the Project” means the estimated total cost to the Administering Entity and Governmental Entity to fully complete the Project, including the cost of labor, materials, supplies, permitting, insurance, and professional consultants’ fees, but not including any of the following: financing costs, moving costs, land acquisition costs, overhead and administrative costs applicable to the Administering Entity or Governmental Entity, such as salaries for the public employee(s) managing the construction contract, and costs of furniture, fixtures, and Equipment associated with the Public Works Project.

(18) “Waiver” means an Availability Waiver, Cost Waiver, Public Interest Waiver, Quality Waiver, or Quantity Waiver.

History

Rulemaking Authority 255.0993(4) FS. Law Implemented 255.0993 FS. History–New 6-17-25.

Fla. Admin. Code R. 60D-16.002 United States-Produced Iron and Steel in Public Works Projects

(1) Contract Requirement. Unless waived in accordance with subsection 60D-16.002(3), F.A.C., a Governmental Entity entering into a contract for a Public Works Project or for the purchase of materials for a Public Works Project must include in the contract a requirement that any Iron or Steel Product Permanently Incorporated in the Project be Produced in the United States, as provided in section 255.0993, F.S., and Chapter 60D-16, F.A.C.

(2) Minimal Use. Subsection 60D-16.002(1), F.A.C., does not prevent a minimal use of foreign steel and iron materials Permanently Incorporated in the Project if:

(a) Such materials are incidental or ancillary to the primary product and are not separately identified in the Project specifications; and

(b) The cost of such materials does not exceed one-tenth of 1 percent of the Total Contract Cost or $2,500, whichever is greater. For purposes of this subparagraph, the cost of such materials is that shown to be the value of the Iron or Steel Products as they are delivered to the Project.

(3) Waiver.

(a) The Administering Entity for a Project may waive the requirement set forth in subsection 60D-16.002(1), F.A.C., with respect to such Project if it solely determines that any of the following apply to the Project:

Iron or Steel Products Produced in the United States are not produced in sufficient quantities.
Iron or Steel Products Produced in the United States are not reasonably available.
Iron or Steel Products Produced in the United States are not of satisfactory quality.
The use of Iron or Steel Products Produced in the United States will increase the Total Cost of the Project by more than 20 percent.
Complying with subsection 60D-16.002(1), F.A.C., is inconsistent with the public interest.

(b) Prior to making a determination that a Waiver applies to a Project, the Administering Entity shall complete the “U.S.-Produced Iron & Steel Waiver Form,” effective 6/2025, hereby incorporated by reference and available at https://flrules.org/gateway/reference.asp?No=Ref-18066. To aid the Administering Entity in making a determination under paragraph 60D-16.002(3)(a), F.A.C., the Administering Entity may utilize the “U.S.-Produced Iron & Steel Sample Waiver Checklist,” effective 6/2025, hereby incorporated by reference and available at https://flrules.org/gateway/reference.asp?No=Ref-18067. The Admnistering Entity is responsible for maintaining any records associated with its determination that a Waiver applies to a Project in accordance with applicable law.

(c) If the Administering Entity for a Project waives the requirement set forth in subsection 60D-16.002(1), F.A.C., but later determines, prior to completion of the Project, that the Waiver no longer applies (e.g., Iron or Steel Products Produced in the United States become reasonably available), then the Administering Entity shall comply with subsection 60D-16.002(1), F.A.C., with respect to any contracts for the Project or for the purchase of materials for the Project entered into after the date the Adminstering Entity determines that the Waiver no longer applies.

(d) The governing body of the Adminstering Entity may designate by resolution, order, or written delegation one or more officers or employees of the Administering Entity to carry out the Administering Entity’s respoinsibilities under this Chapter 60D-16, F.A.C., on behalf of the Administering Entity.

(4) In accordance with section 255.0993(5), F.S., this rule does not apply to contracts procured by the Department of Transportation subject to the Buy America requirements of 23 C.F.R. s. 635.410.

History

Rulemaking Authority 255.0993(4) FS. Law Implemented 255.0993 FS. History–New 6-17-25.

Division 60Y Commission on Human Relations

Chapter 60Y-1 MEETINGS AND OPERATIONS

Fla. Admin. Code R. 60Y-1.002 Conducting Proceedings by Communications Media Technology

History

Rulemaking Authority 760.06(12) FS. Law Implemented 120.54(5) FS. History–New 2-5-04, Repealed 3-26-17.

Chapter 60Y-2 ORGANIZATION AND GENERAL INFORMATION

Fla. Admin. Code R. 60Y-2.001 General

History

Rulemaking Authority 760.06(12) FS. Law Implemented 760.01(2), 760.03, 760.05 FS. History–New 11-2-78, Amended 8-12-85, Formerly 22T-6.01, 22T-6.001, Amended 12-31-03, Repealed 2-14-16.

Fla. Admin. Code R. 60Y-2.002 The Agency

The Agency is composed of the Commission and staff. The Agency Head is the Commission.

History

Rulemaking Authority 760.06(12) FS. Law Implemented 760.03 FS. History–New 11-2-78, Formerly 22T-6.02, 22T-6.002.

Fla. Admin. Code R. 60Y-2.003 General Description of the Commission

(1) Commissioners are appointed to staggered terms of 4 years, except for appointments described in subsection (3).

(2) A Commissioner appointed to fill a vacancy other than by expiration of a term is appointed for the unexpired term of the member whom such appointee is to succeed.

(3) A Commissioner is eligible for reappointment.

(4) In every odd-numbered year, the Commission shall hold an organizational meeting to elect from its membership a Chairperson and a Vice-chairperson. The biennial organizational meeting shall be held as soon as practicable after the new Commissioners for that year have been appointed.

(5) The Chairperson of the Commission serves for a term of 2 years and has the following duties:

(a) Call Commission meetings and set the agenda for same;

(b) Preside at Commission meetings;

(c) Appoint one or more Panels of not less than 3 Commissioners to exercise, as provided in Chapters 60Y-4 and 60Y-5, F.A.C., Commission powers under Section 760.06, F.S.;

(d) Appoint and define the role of such committees as are necessary or expedient to advise the Commission or its Executive Director;

(e) Perform such other functions as the Commission may assign by rule or order.

(6) In the event the office of the Chairperson becomes vacant, the Vice-chairperson shall temporarily assume all responsibilities and perform all duties of the Chairperson until such time as an election for filling the office of Chairperson can be held. Such election shall be held within ninety (90) days from the date that the Chairperson’s vacancy occurs. In the event that there is no Vice-chairperson serving at the time of the Chairperson’s vacancy, the Commissioner whose current term has been in effect for the longest period of time shall temporarily serve as Chairperson until elections for filling both the office of Chairperson and Vice-chairperson can be held, as long as such elections are held within ninety (90) days from the date the Chairperson’s vacancy occurs.

(7) The Vice-chairperson serves for a term of 2 years, the term to run concurrently with that of the Chairperson. The Vice-chairperson performs the duties of the Chairperson in the Chairperson’s absence and performs such other duties as the Chairperson may assign.

(8) If a vacancy occurs in the office of the Chairperson, the Vice-chairperson shall temporarily assume all responsibilities and perform all duties of the Chairperson until such time as an election can be held, as detailed in subsection 60Y-2.003(7), F.A.C. If a vacancy occurs in the office of the Vice-chairperson, the Commission will select another member to fill the unexpired term of the Vice-chairperson.

(9) A special meeting of the Commission shall be called by the Chairperson, or by the Executive Director upon the written request of not fewer than 5 Commissioners.

(10) In the presence of a quorum, Commission or Panel business shall be conducted by majority vote.

History

Rulemaking Authority 760.06(12) FS. Law Implemented 760.03 FS. History–New 11-2-78, Formerly 22T-6.03, 22T-6.003, Amended 12-31-03, 1-8-15, 12-4-22.

Fla. Admin. Code R. 60Y-2.004 General Description of Organization and Functions of Commission Staff

History

Rulemaking Authority 760.06(12), 760.11(14), 760.31(5) FS. Law Implemented 120.54, 760.03(7), 760.05, 760.06, 760.11, 760.30 FS. History–New 11-2-78, Amended 6-16-83, 8-12-85, Formerly 22T-6.04, Amended 4-20-87, Formerly 22T-6.004, Amended 4-20-00, 12-31-03, Repealed 3-19-17.

Fla. Admin. Code R. 60Y-2.005 General Information

History

Rulemaking Authority 760.06(12) FS. Law Implemented 120.54, 760.06 FS. History–New 11-2-78, Formerly 22T-6.05, 22T-6.005, Amended 12-31-03, 3-7-13, 7-12-15, Repealed 10-18-17.

Fla. Admin. Code R. 60Y-2.006 Statutory Chapter and Rules

The mission and duties of the Commission are carried out pursuant to statutory authority delineated in Chapter 760, F.S. The following additional statutory chapters and rule chapters directly affect and govern the operations of the Commission:

(1) Chapter 120, F.S.

(2) Sections 112.3187-112.31895, inclusive, F.S.

(3) Section 509.092, F.S.

(4) Chapters 60Y-2 through 60Y-11, and 60Y-25, F.A.C.

(5) Chapters 28-101 through 28-106, 28-108, 28-109, F.A.C.

History

Rulemaking Authority 760.06(12), 760.11(14), 760.31(5) FS. Law Implemented 120, 509.092, 760 FS. History–New 11-2-78, Amended 8-12-85, Formerly 22T-6.06, 22T-6.006, Amended 7-26-00, 12-31-03, 6-22-17.

Fla. Admin. Code R. 60Y-2.007 Public Information and Inspection and Copying of Documents

(1) All public records within the meaning of Chapter 119, F.S., and not otherwise restricted by law, are available for personal inspection and copying by any person. Requests for information may be directed to the Commission’s Records Management Liaison Officer (RMLO).

(2) All complaints filed pursuant to Rule 60Y-5.001, F.A.C., and all related records and documents in the custody of the Commission which relate to and identify a person shall be confidential, unless the record or document is made part of the record of any hearing or court proceeding. Access to confidential records and documents, by the parties to a complaint or proceeding, is provided in subsections 60Y-5.003(9) and 60Y-5.004(6), F.A.C.

(3) Copies of public records maintained by the Commission are available on the following basis:

(a) Actual postage costs are charged for mailing copies other than original records on appeal; provided that no charge will be made for mailing one ounce by first class mail;

(b) Transcripts of Commission proceedings may be obtained by independent contract of a court reporter at the ordering party’s expense;

(c) Payment must be made in advance by check or money order made payable to the Florida Commission on Human Relations; state agencies may pay by Journal Transfer; and,

(d) The Commission’s final orders are available for viewing on the Commission’s website, http://fchr.state.fl.us, and the website of the Division of Administrative Hearings, www.doah.state.fl.us.

History

Rulemaking Authority 760.06(12) FS. Law Implemented 119.07, 120.54, 760.06, 760.11(12) FS. History–New 11-2-78, Amended 2-10-80, 8-12-85, Formerly 22T-6.07, Amended 4-20-87, Formerly 22T-6.007, Amended 12-31-03, 11-12-15.

Fla. Admin. Code R. 60Y-2.008 Public Access to Commission Proceedings

All meetings and hearings conducted by the Commission are open to the public.

History

Rulemaking Authority 13.251(13) FS. Law Implemented 760.06 FS. History–New 11-2-78, Formerly 22T-6.08, 22T-6.008.

Fla. Admin. Code R. 60Y-2.009 List of Forms and Instructions

The following listed forms and instructions are hereby incorporated by reference, are used by the Commission and are furnished without charge. Copies may be obtained from the Commission’s website http://fchr.state.fl.us or by writing or calling the Clerk to the Commission or the Office of Customer Service at the address listed in Rule 60Y-2.005, F.A.C., making reference to the desired form by form number or title.

FORM NUMBER TITLE OR DESCRIPTION

FCHR Form 1

Technical Assistance Questionnaire for discrimination complaints

FCHR Form 2

Complaint of Employment Discrimination

FCHR Form 3

Complaint of Public Accommodation Discrimination

FCHR Form 4

Complaint of Housing Discrimination

FCHR Form 5

Complaint of Whistle-blower’s Act Retaliation Discrimination

FCHR Form 6

Petition for Relief from an Unlawful Employment Practice, a Housing Discriminatory Practice or a Public Accommodations Discriminatory Practice

FCHR Form 7A

Election of Rights for Employment and Public Accommodations Discrimination Complaints

FCHR Form 7B

Election of Rights for Housing Discrimination Complaints

FCHR Form 8

Registration of Housing for Older Persons

Use of the FCHR forms described in this section is not obligatory, and any complaint or Petition for Relief from an Unlawful Employment Practice, a Housing Discriminatory Practice, a Public Accommodations Discriminatory Practice or a Whistle-blower’s Act Retaliatory Discriminatory Practice which meets the requirements of the rules of the Commission will be accepted. The requirements for a complaint are set forth in subsections 60Y-3.001(4), 60Y-6.001(17), rules 60Y-10.003 and 60Y-5.001, F.A.C. The requirements for a Petition for Relief are set forth in Rules 28-106.201, 28-106.301, 60Y-5.008, subsection 60Y-6.001(48) and Rule 60Y-8.001, F.A.C.

History

Rulemaking Authority 120.52, 760.06(13) FS. Law Implemented 23.167, 120.52, 120.54, 760.06 FS. History–New 11-2-78, Formerly 22T-6.09, 22T-6.009, Amended 12-31-03.

Fla. Admin. Code R. 60Y-2.010 Notices; Contents; Posting

The Commission may, from time to time, provide a notice stating the general provisions of the Act concerning unlawful employment practices and stating how and where complaints may be filed. When so provided by the Commission, employers, employment agencies and labor organizations must keep the notice posted in conspicuous places upon their premises.

History

Rulemaking Authority 760.06(13) FS. Law Implemented 760.06, 23.167 FS. History–New 11-2-78, Formerly 22T-6.10, 22T-6.010.

Fla. Admin. Code R. 60Y-2.011 Petitions for Variances or Waivers from Rules

History

Rulemaking Authority 120.54, 760.06(13) FS. Law Implemented 120.542 FS. History–New 12-31-03, Repealed 2-14-16.

Fla. Admin. Code R. 60Y-2.012 Commission Orders; Numbering, Indexing; and Maintenance

(1) All orders issued by the Commission shall be numbered and indexed.

(2) The orders shall be sequentially numbered and rendered using a two-part number separated by a dash with the first part before the dash indicating the year and the second part indicating the numerical sequence of the order issued for that year beginning with the number 001 each new calendar year. The assigned agency designation prefix, FCHR, shall precede the two-part number.

(3) The agency clerk shall index orders which shall be cumulative, updated and made accessible to the public at least each calendar year.

(4) Orders that comprise official agency action and that must be indexed pursuant to this rule shall be permanently maintained by the agency pursuant to the retention schedule approved by the Department of State.

(5) These rules regarding the indexing, management and availability of orders are issued pursuant to Section 120.533, F.S., and Chapter 1S-6, F.A.C., and have been approved by the Department of State pursuant to Section 120.53(3)(c), F.S. The purpose of this rule is to provide public access to, and availability of, Commission Orders. The agency clerk shall assist the public in obtaining information pertaining to Commission Orders. The agency maintains and stores such orders and subject matter index in the main offices of the agency located in Tallahassee, Florida at the address set forth in Rule 60Y-2.005, F.A.C.

History

Rulemaking Authority 760.06(12) FS. Law Implemented 120.533, 760.06, 760.10(14) FS. History–New 12-31-03.

Chapter 60Y-3 DEFINITIONS; CONSTRUCTION

Fla. Admin. Code R. 60Y-3.001 Definitions

As used in the rules of the Commission:

(1) “Act” means the Florida Civil Rights Act of 1992, as amended; Chapter 760, F.S.

(2) “Chairperson” or “Chair” means the Chairperson of the Commission or Chairperson of a Panel, as the context may indicate.

(3) “Clerk” means the person designated by the Executive Director as heading the Office of the Clerk.

(4) “Complaint” means a written statement which alleges the occurrence of an unlawful employment practice, which is signed and verified by the complainant and includes an amended complaint.

(5) “Complainant” means a person filing a complaint.

(6) “Commission” means Florida Commission on Human Relations.

(7) “Commissioner” or “member” means a member of the Commission.

(8) “Division of Administrative Hearings” means the Division of Administrative Hearings.

(9) “Document” means data compilations from which information can be obtained and be included, for example: writings, e-mail, drawings, charts, photographs, and phone records.

(10) “Employer” means any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person.

(11) “Employment Agency” means any person regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunity to work for an employer, and includes an agent of such a person.

(12) “Executive Director” means the Executive Director of the Commission.

(13) “Disability” means a condition that is an impairment that substantially limits one or more of the major life activities as interpreted by 42 U.S.C. §12102(2) in the Americans with Disabilities Act of 1990.

(14) “General Counsel” means the Chief Legal Counsel of the Commission.

(15) “Hearing Officer” or “Administrative Law Judge” means the person assigned to conduct a hearing upon a petition filed with the Commission.

(16) “Intervenor” means any person permitted by the Commission, a Panel, or a hearing officer to intervene in a proceeding upon a petition.

(17) “Marital Status” does not include the identity of the spouse and the relationship to the aggrieved person, but rather the fact that the aggrieved person is married, single, divorced, separated, widowed, etc.

(18) “Labor Organization” means any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or other mutual aid or protection in connection with employment.

(19) “Panel” means a panel of three or more Commissioners appointed pursuant to Section 760.03(5), F.S., and paragraph 60Y-2.003(5)(c), F.A.C.

(20) “Party” means any person designated as a party to a proceeding before the Commission, pursuant to rule of the Commission.

(21) “Person” includes an individual, association, corporation, joint apprenticeship committee, joint stock company, labor organization, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, any other legal or commercial entity, the state or any governmental entity or agency.

(22) “Petition” means a writing, other than a written motion, filed with the Commission pursuant to rule of the Commission asking that specified action be taken by the Commission or a Panel.

(23) “Petitioner” means the person filing a petition with the Commission pursuant to rules of the Commission.

(24) “Respondent” means:

(a) In the case of a complaint, the employer, employment agency, labor organization, joint labor-management committee, or person designated in the complaint as responsible for the alleged unlawful employment practice; or

(b) In the case of a petition, the person against whom relief is requested.

(25) “Registered Mail” includes certified mail with return receipt requested.

(26) “Unlawful Employment Practice” means any practice so designated by Section 760.10, F.S.

(27) “Verified” means under oath or affirmation or by the signing of the written declaration prescribed by Section 92.525(2), F.S.

(28) “Date of determination” means the date the determination was signed by the Executive Director or his or her designee.

(29) “Date of filing” means a completed, signed, and verified complaint is received by the Commission prior to 5:00 p.m. (Eastern time).

(30) “Electronic filing” or “e-filing” is the process of submitting a complaint to the Florida Commission on Human Relations (FCHR) electronically through the FCHR Portal on the FCHR website instead of the traditional paper-based methods.

(31) “Familial status” means whether or not children under the age of 18 are living with the Complainant, whether the Complainant is pregnant, or whether the Complainant has a pending adoption.

(32) “Vexatious litigant” means a person who repeatedly files unmeritorious complaints (three (3) within a 12-month period) with the same or similar accusations in any jurisdiction, or has been previously declared a vexatious litigant by the Division of Administrative Hearings (DOAH) or by a court.

History

Rulemaking Authority 760.06(12) FS. Law Implemented 92.525, 760.02, 760.03, 760.04, 760.05, 760.06, 760.10, 760.11 FS. History–New 11-2-78, Amended 8-12-85, Formerly 22T-7.01, 22T-7.001, Amended 9-1-93, 4-17-01, 12-31-03, 12-7-22, 11-20-25.

Fla. Admin. Code R. 60Y-3.002 Singular to Include Plural

All singular terms used in a rule of the Commission shall include the plural.

History

Rulemaking Authority 760.06(12), 760.11(14) FS. Law Implemented 760.01, 760.02, 760.03, 760.04, 760.05, 760.06, 760.07, 760.10, 760.11 FS. History–New 11-2-78, Formerly 22T-7.02, 22T-7.002.

Fla. Admin. Code R. 60Y-3.003 Construction of Rules

The rules of the Commission are intended to promote the purposes of the Act, the efficient operation of the Commission and the orderly administration of the Act. They are to be liberally construed to insure the accomplishment of these purposes. The rules set forth in Chapters 60Y-1, 60Y-2, 60Y-3, 60Y-4 and 60Y-5, F.A.C., may in specific instances be waived, by the Commission, in its discretion, for good cause shown.

History

Rulemaking Authority 760.06(12), 760.11(14) FS. Law Implemented 760.01, 760.02, 760.03, 760.04, 760.05, 760.06, 760.07, 760.10, 760.11 FS. History–New 11-2-78, Amended 5-3-79, Formerly 22T-7.03, 22T-7.003.

Chapter 60Y-4 GENERAL PROCEDURES

Fla. Admin. Code R. 60Y-4.001 Applicability

(1) The rules set forth in this chapter shall apply to all proceedings, except as provided in subsection (2), described in the rules of the Commission, unless specifically provided in the context of an individual rule.

(2) This chapter shall not apply to Complaints (Rule 60Y-5.001, F.A.C.); Agreements for Referral of Complaints (Rule 60Y-5.002, F.A.C.); Investigation of Complaints (Rule 60Y-5.003, F.A.C.); Conciliation (Rule 60Y-5.005, F.A.C.); Administrative Dismissal (Rule 60Y-5.006, F.A.C.).

(3) When a proceeding pursuant to Chapter 60Y-5, F.A.C., of the rules of the Commission is before a Panel, the term “Commission,” when it appears in this chapter, shall include that Panel, if the context so requires.

History

Rulemaking Authority 760.06(12), 760.11(14) FS. Law Implemented 760.02, 760.03, 760.05, 760.06, 760.07, 760.10, 760.11 FS. History–New 11-2-78, Formerly 9D-8.01, Amended 6-16-83, Formerly 22T-8.01, 22T-8.001, Amended 8-22-00, 5-7-17.

Fla. Admin. Code R. 60Y-4.002 Ex Parte Communications

No ex parte communication relative to any pending case before the Commission shall be made to any Commissioner, or hearing officer, at any stage of a proceeding after the filing of a petition, by any party to the proceeding, by any person who has a direct or indirect interest in the proceeding, by any authorized representative or counsel. Any violation of this section shall be reported, in writing, by the Commissioner or hearing officer affected, and the report, which shall include a description of the substance of the communication, any response, and a copy of any written communication, shall be part of the record.

History

Rulemaking Authority 760.06(12), 760.11(14) FS. Law Implemented 120.66, 760.03, 760.06 760.11 FS. History–New 11-2-78, Formerly 22T-8.02, 22T-8.002.

Fla. Admin. Code R. 60Y-4.003 Form of Documents

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 760.06 FS. History–New 11-2-78, Formerly 22T-8.03, 22T-8.003, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.004 Filing and Copies

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 120.57, 760.06 FS. History–New 11-2-78, Formerly 22T-8.04, 22T-8.004, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.005 Proof of Simultaneous Service upon Orher Parties

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 760.06 FS. History–New 11-2-78, Formerly 22T-8.05, 22T-8.005, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.006 Service of Commission

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 760.06 FS. History–New 11-2-78, Formerly 22T-8.06, 22T-8.006, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.007 Computation of Time Periods

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 760.06 FS. History–New 11-2-78, Formerly 22T-8.07, 22T-8.007, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.008 Representation

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 760.06 FS. History–New 11-2-78, Formerly 22T-8.08, 22T-8.008, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.009 Petitions

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 120.54, 120.565, 760.06, 760.10 FS. History–New 11-2-78, Formerly 9D-809, Amended 6-16-83, Formerly 22T-8.09, 22T-8.009, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.010 Miscellaneous Petitions

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 760.06 FS. History–New 11-2-78, Formerly 22T-8.10, 22T-8.010, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.011 Answers

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 760.06 FS. History–New 11-2-78, Formerly 22T-8.11, 22T-8.011, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.012 Parties

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 760.06 FS. History–New 11-2-78, Formerly 22T-8.12, 22T-8.012, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.013 Intervention

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 760.06 FS. History–New 11-2-78, Formerly 22T-8.13, 22T-8.013, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.014 Joinder of Parties

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 760.06 FS. History–New 11-2-78, Formerly 22T-8.14, 22T-8.014, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.015 Friend of the Commission

A person who does not have party status but who wishes to participate in a proceeding may, by motion, request permission to participate as a friend of the Commission. An order granting such a motion shall specify the degree of participation permitted.

History

Rulemaking Authority 760.06(13) FS. Law Implemented 760.06 FS. History–New 11-2-78, Formerly 22T-8.15, 22T-8.015.

Fla. Admin. Code R. 60Y-4.016 Assignment of Hearings

(1) A hearing upon a Petition for Relief from an Unlawful Employment Practice, a Housing Discriminatory Practice or a Public Accommodation Practice, pursuant to Rules 60Y-5.008, 60Y-8.001 and 60Y-10.005, F.A.C., respectively shall be conducted by an Administrative Law Judge designated by the Division of Administrative Hearings unless, prior to service of the Notice of Hearing, the Chairperson or Chair of the Panel designates a Commissioner as the hearing officer or directs that the hearing be conducted by the Commission or Panel, in the instances of employment and public accommodation discrimination cases in which a “Notice of Determination of Reasonable Cause” has been issued, or directs that the hearing be conducted by an employee of the Commission, in the instance of a housing discrimination case.

(2) A hearing upon a petition not described in subsection (1), shall be conducted by a hearing officer designated by the Chairperson or Chair of the Panel unless the Chairperson or Chair of the Panel directs that the hearing be conducted by the Commission or Panel.

(3) A hearing upon a petition not described in subsection (1) or (2), shall be conducted by a hearing officer designated by the Chairperson or Chair of the Panel unless the Chairperson or Chair of the Panel directs that the hearing be conducted by the Commission or Panel.

History

Rulemaking Authority 760.06(13) FS. Law Implemented 760.03(5), 760.06 FS. History–New 11-2-78, Formerly 9D-8.16, Amended 2-4-82, 6-16-83, Formerly 22T-8.16, 22T-8.016, Amended 2-5-04, 1-27-25.

Fla. Admin. Code R. 60Y-4.017 Motions

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 760.06 FS. History–New 11-2-78, Formerly 9D-8.17, Amended 2-4-82, 6-30-83, Formerly 22T-8.17, 22T-8.017, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.018 Consolidation

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 760.06 FS. History–New 11-2-78, Formerly 22T-8.18, 22T-8.018, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.019 Discovery

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 760.06 FS. History–New 11-2-78, Formerly 22T-8.19, 22T-8.019, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.020 Pre-hearing Conference

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 760.06 FS. History–New 11-2-78, Formerly 9D-8.20, Amended 2-4-82, Formerly 22T-8.20, 22T-8.020, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.021 Notice of Hearing

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 120.57, 760.06 FS. History–New 11-2-78, Formerly 22T-8.21, 22T-8.021, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.022 Subpoenas

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 760.06 FS. History–New 11-2-78, Formerly 22T-8.22, 22T-8.022, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.023 Witness Fees

(1) Witness fees necessary and incident to a hearing shall be paid by the party at whose instance the witness is summoned. If the Commission or the Executive Director directs that a witness be summoned as a Commission witness, that witness’ fees shall be paid by the Commission. Witness fees shall be tendered, or a voucher submitted at the time of attendance. The fees allowed shall be the same as those allowed by the circuit courts of this state.

(2) Witness fees for Commission employees shall be paid in accordance with Section 92.142(2), F.S.

History

Rulemaking Authority 760.06 FS. Law Implemented 92.142, 120.57, 760.06, 760.10 FS. History–New 11-2-78, Amended 2-10-80, Formerly 22T-8.23, 22T-8.023, Amended 2-5-04.

Fla. Admin. Code R. 60Y-4.024 Introduction of Evidence; Rights of Parties at Hearing

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 120.57, 760.06 FS. History–New 11-2-78, Formerly 9D-8.24, Amended 2-4-82, Formerly 22T-8.24, 22T-8.024, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.025 Transcript of Hearing

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 120.57, 760.06 FS. History–New 11-2-78, Amended 11-8-83, Formerly 22T-8.25, 22T-8.025, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.026 Recommended Orders

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 120.57, 760.06 FS. History–New 11-2-78, Formerly 22T-8.26, 22T-8.026, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.027 Exceptions and Briefs

History

Rulemaking Authority 120.53, 760.06(13) FS. Law Implemented 120.53, 120.57, 760.06 FS. History–New 11-2-78, Amended 2-4-82, 11-8-83, Formerly 22T-8.27, 22T-8.027, Repealed 2-5-04.

Fla. Admin. Code R. 60Y-4.028 Oral Argument

(1) When a recommended order is before the Commission, a party filing an exception or brief may also request oral argument.

(2) A request for oral argument shall be by motion, filed simultaneously with the moving party’s exception or brief.

(3) If oral argument is permitted, each party will be allowed 15 minutes. The Commission may require, limit, expand or dispense with oral argument.

History

Rulemaking Authority 760.06(12) FS. Law Implemented 120.57, 760.06 FS. History–New 11-2-78, Amended 8-12-85, Formerly 22T-8.28, 22T-8.028, Amended 5-7-17.

Fla. Admin. Code R. 60Y-4.029 Determination by Commission

After the issuance of the administrative law judge's or hearing officer’s recommended order, if any, and following the filing of exceptions, briefs and presentation of oral argument, if any, the Commission or Panel shall consider the record and issue a written decision resolving the issues before it.

History

Rulemaking Authority 760.06(12) FS. Law Implemented 120.54, 120.59, 760.06, 760.10 FS. History–New 11-2-78, Formerly 9D-8.29, Amended 2-4-82, Formerly 22T-8.29, 22T-8.029, Amended 1-6-25.

Fla. Admin. Code R. 60Y-4.030 Appeals

Appeals from final Commission action shall be in accordance with Section 120.68, F.S., and the Florida Rules of Appellate Procedure.

History

Rulemaking Authority 760.06(13) FS. Law Implemented 120.68 FS. History–New 11-2-78, Formerly 22T-8.30, 22T-8.030.

Fla. Admin. Code R. 60Y-4.031 Notice of Appeals

When an appeal is filed in a District Court of Appeal from final Commission action or from the administrative dismissal of a complaint pursuant to Rule 60Y-5.006, F.A.C., all persons named in the original complaint, who are not named in the appeal, shall be notified of the appeal by the Clerk.

History

Rulemaking Authority 760.06(12) FS. Law Implemented 120.53, 760.06, 760.10 FS. History–New 11-2-78, Formerly 22T-8.31, 22T-8.031.

Chapter 60Y-5 PROCEEDINGS UPON COMPLAINTS OF UNLAWFUL EMPLOYMENT PRACTICE

Fla. Admin. Code R. 60Y-5.001 Complaints

(1) Who May File. A complaint may be filed by any person aggrieved by an unlawful employment practice. A complaint may also be filed by the Attorney General, a Commissioner, or the Commission. When a complaint is filed by a Commissioner, that Commissioner is the complainant, and shall not participate as a Commissioner in any subsequent proceeding upon that complaint.

(2) Time for Filing. A complaint may be filed at any time within 365 days of the occurrence of the alleged unlawful employment practice. If the alleged unlawful employment practice is of a continuing nature, the date of the occurrence may be any date subsequent to the commencement of the unlawful employment practice up to and including the date on which it shall have ceased.

(3) Place and Date of Filing. A written complaint may be filed at the office of the Commission. The date of filing shall be the date of actual receipt of the signed and verified complaint by the Clerk or other agent of the Commission. Any document received by the Clerk or other agent of the Commission after 5:00 p.m. (Eastern Time) shall be filed as of 8:00 a.m. on the next regular business day.

(4) Relation Back of Certain Complaints. A complaint which would not otherwise be timely may be filed if it:

(a) States that another complaint naming the same respondent is properly before the Commission and identifies that other complaint, and

(b) Alleges the same or additional facts which describe an unlawful employment practice related to or growing out of the subject matter of the other, identified complaint, and

(c) Would have been timely if filed at the time of, or other time subsequent to, the filing of the other, identified complaint. A complaint under this subsection may be filed by a new complainant and shall relate back to the date the other, identified complaint was first received.

(5) Form. The complaint must be in writing and shall be signed by the complainant. The complaint shall be verified.

(6) Contents.

(a) The complaint should contain the following information:

The name, address and telephone number of the person filing the complaint;
The name, address and telephone number of the respondent;
A clear and concise statement of the facts, including pertinent dates, constituting the unlawful employment practice;
If known, the approximate number of employees of a respondent employer;
If known, a statement disclosing whether proceedings involving the alleged unlawful employment practice have been commenced before a Federal, State or local agency charged with the enforcement of fair employment practice laws and, if so, the date of such commencement and the name of the agency.

(b) Notwithstanding the provision of paragraph (a) of this subsection, a complaint is sufficient if it is in writing, signed by the Complainant, verified, and is sufficiently precise to identify the parties and to describe generally the action or practice complained of.

(7) Amendments.

(a) A complaint may be reasonably and fairly amended within 60 days after filing and, thereafter, for good cause with the consent of the Executive Director upon discovery of new facts or upon a finding that information previously provided by the respondent was misrepresented.

(b) A complaint may be amended to cure technical defects, or omissions, other than a missing signature or verification, or to clarify and amplify allegations made therein. Such amendments which describe an additional unlawful employment practice related to or growing out of the subject matter of the original complaint will relate back to the date the complaint was first received.

(c) An amendment adding or changing a respondent will relate back to the date the complaint was first received if, within the period provided by subsection (2), the new respondent (i) has received such notice of the filing of the complaint as is sufficient to avoid prejudice in a defense on the merits, and (ii) knew or should have known that, but for a mistake concerning identity of the proper respondent, the complaint would have been filed against the new respondent.

(8) Withdrawal. A complaint may be withdrawn by a complainant at any time; however, following the issuance of a Notice of Determination, withdrawal may be made only with the consent of the Executive Director.

(9) Notice to Respondent. When it is determined that a complaint is complete and has been timely filed. The Executive Director shall cause notice of the filing and a copy of the complaint to be served upon the respondent. Notice shall be served within 5 days of the date of filing. An amendment likewise shall be served upon the respondent.

(10) Maintenance of Records. Once a complaint has been served on a respondent, the respondent shall preserve all records and other evidence which may pertain to the complaint until the matter has been finally determined.

History

Rulemaking Authority 760.06(12), 760.11(14) FS. Law Implemented 760.06, 760.10, 760.11(1) FS. History–New 11-2-78, Amended 10-4-82, Formerly 22T-9.01, 22T-9.001, Amended 1-28-99, 2-23-00, 2-5-04, 12-5-22.

Fla. Admin. Code R. 60Y-5.0011 Answer

(1) Respondent may file an answer to the complaint within 25 days of the date the complaint was filed with the commission. The answer shall be verified. The person filing the answer shall mail a copy to the complaining party.

(2) The answer may be reasonably and fairly amended at any time prior to the issuance of a determination pursuant to Rule 60Y-5.004, F.A.C.

History

Rulemaking Authority 760.06(12) FS. Law Implemented 760.11(1) FS. History–New 2-5-04, Amended 1-31-18.

Fla. Admin. Code R. 60Y-5.002 Agreements of Referral of Complaints

(1) The Executive Director is authorized to negotiate agreements of referral with other public agencies having authority and resources to investigate allegations of unlawful employment practices.

(2) The Executive Director shall consider the following factors in negotiating agreements of referral:

(a) The agency’s legal authority to investigate;

(b) The agency’s staff resources;

(d) The agency’s ability to conduct an independent investigation, considering the potential respondents;

(e) The agency’s willingness to adhere to Commission standards of investigation.

(3) An agreement of referral shall specify:

(a) The categories of complaints to be referred;

(b) The number of complaints to be referred, which may be all complaints within the referral agency’s jurisdiction;

(d) The period of time covered by the agreement, which shall not be greater than one year.

(4) Upon fulfillment of the criteria set forth in subsections 60Y-5.002(2) and (3), F.A.C., the Commission shall approve the negotiated agreement of referral. When an agreement has been approved by the Commission, all complaints filed with the Commission which are subject to the agreement shall be referred to the referral agency. The referral agency shall report its action on the complaint to the Executive Director. Substantial weight shall be accorded to any final findings and orders of the referral agency.

(5) If the referral of the complaint does not result in settlement or withdrawal of the complaint, the Executive Director shall assign the complaint, with the report of the referral agency for investigation, determination of reasonable cause or conciliation, as may be appropriate.

History

Rulemaking Authority 760.06(13), 760.11(14) FS. Law Implemented 760.03(7), 760.06, 760.10(11), 760.11(2), (12) FS. History–New 11-2-78, Amended 8-12-85, Formerly 22T-9.02, 22T-9.002.

Fla. Admin. Code R. 60Y-5.003 Investigation of Complaints

(1) By Whom. The investigation of the complaint shall be made by the Office of Employment Investigations or by any other person designated by the Executive Director. The Executive Director may utilize services of other public agencies, state, local or federal, which are charged with the administration of fair employment practice laws, and may utilize the information gathered by such.

(2) Statement of Complainant. During the course of an investigation, the complainant may be required to provide a statement which includes:

(a) A statement of each particular harm which the aggrieved person has suffered and the date on which each harm occurred;

(b) For each harm, a statement specifying the act, policy or practice which is alleged to be unlawful;

(c) For each act, policy, or practice alleged to have harmed the aggrieved person, a statement of the facts which lead the complainant to believe that the act, policy or practice is discriminatory.

(3) Requests for Information. During the course of an investigation, the Office of Employment Investigations may request of any person information concerning the facts and circumstances of the complaint. Requests for information may be made in the following manner:

(a) Oral interviews;

(b) Written interrogatories;

(d) Requests for entry upon land for inspection and other purposes;

(e) Requests for a written statement or affidavit.

(4) Failure to Provide Information – Respondent. In the event a respondent fails to provide information within that person’s control, which is requested pursuant to subsection (3), and reasonable notice and opportunity to cure have been given, an inference may be drawn, in a determination of reasonable cause pursuant to Rule 60Y-5.004, F.A.C., that such information is adverse to the respondent’s interest.

(5) Failure to Cooperate – Complainant.

(a) Where the complainant fails to provide a necessary statement, fails or refuses to appear or be available for interview or meetings, fails or refuses to provide necessary information requested by the Office of Employment Investigations pursuant to this section or otherwise refuses to cooperate to the extent that the Office of Employment Investigations is unable to resolve the complaint, and after notice the complainant has failed to duly respond to the Office of Employment Investigations within 30 days, the Executive Director may dismiss the complaint, which shall constitute final Agency action.

(b) In the event a complainant fails to appear at or fails or refuses to participate in a fact-finding conference scheduled in the complainant’s area of residence or at the place most convenient to all parties as determined by the Office of Employment Investigations, and after being provided at least fourteen days notice of such conference, which notice shall advise complainant of the provisions of this rule, the Executive Director may dismiss the complaint; provided, however, that no complaint may be dismissed pursuant to this rule where within fourteen days of the scheduled conference the complainant has filed with the Commission information establishing good cause for complainant’s nonappearance or nonparticipation. Such information should include sworn statements of those individuals having direct knowledge of pertinent events causing the nonappearance or nonparticipation, as well as any other relevant evidence.

(6) Subpoena. In the event any person fails to provide requested information, the Executive Director may issue and sign a subpoena on behalf of the Commission. The subpoena shall state the name and address of the issuer, identify the person subpoenaed, the person to whom and the place, date, and time at which it is returnable. A subpoena may be returnable to a representative of the Commission.

(7) Enforcement of Subpoena. In the event the person to whom the subpoena is directed fails to obey the subpoena, the Executive Director may direct the General Counsel to apply to a circuit court for an order of compliance.

(8) Suspension of Investigation. Upon the request of the complainant or respondent, the Executive Director or his designee may suspend an investigation during the pendency of a grievance proceeding, on the same subject, to which the complainant and respondent are parties. This suspension shall normally be granted for not more than 45 days and only if there is reason to believe that the pending proceeding will fully resolve the matters raised by the complaint.

(9) Access to Files During Investigation. Information obtained during the investigation of a complaint shall be disclosed only to the complainant, respondent or their authorized representative, or to a witness, only when disclosure is deemed necessary for the investigation or for securing appropriate disposition of the complaint.

(10) Negotiated Settlement. During the mediation and/or investigation processes, the Commission shall endeavor to encourage the complainant and the respondent to settle the complaint on mutually agreeable terms. If the settlement is achieved by a Negotiated Settlement Agreement, its terms shall be reduced to writing and signed and dated by the complainant and respondent. If a settlement is achieved as a Withdrawal with Settlement, only the complainant need sign and date. A copy of the agreement shall be filed with the Clerk. A complaint which has been settled may be dismissed by the Executive Director upon such terms and at such time as may be provided in the written agreement subject to compliance.

History

Rulemaking Authority 760.06(13), 760.11(14) FS. Law Implemented 760.03(7), 760.06, 760.10, 760.11(2), (12) FS. History–New 11-2-78, Amended 8-12-85, Formerly 22T-9.03, Amended 8-11-86, Formerly 22T-9.003, Amended 2-5-04.

Fla. Admin. Code R. 60Y-5.004 Executive Director’s Investigatory Determination; Notice

(1) Upon completion of an investigation, if a complaint has not been settled or withdrawn, the Office of Employment Investigations shall report the investigation, with recommendation, to the Office of General Counsel. The Office of General Counsel shall review the report and shall make a recommendation to the Executive Director as to whether there is reasonable cause to believe that an unlawful employment practice has occurred.

(2) If the recommendation is based upon lack of jurisdiction over the respondent or subject matter of the complaint or upon untimely filing of the complaint, the Executive Director may dismiss the complaint pursuant to subsection 60Y-5.006(3) or (11), F.A.C., provided that the investigation does not reveal any disputed issues of material fact. The Executive Director shall issue a determination on the foregoing bases of lack of jurisdiction or untimeliness where disputed issues of material fact appear to exist.

(3) After a determination has been made by the Executive Director, the Clerk shall serve a Notice of Determination, with copies of the determination, upon the complainant and the respondent.

(4) A Notice of Determination of Reasonable Cause shall include an invitation to participate in conciliation and shall advise the complainant of the elective right to file either a Petition for Relief, pursuant to Rule 60Y-5.008, F.A.C., within 35 days of the date of determination or a civil action within one year of the date of determination. A Petition for Relief form, in blank, shall be provided to the complainant at the time of service of the notice.

(5) A Notice of Determination of No Reasonable Cause, No Jurisdiction or Untimeliness shall advise the complainant of the right to file a Petition for Relief, pursuant to Rule 60Y-5.008, F.A.C., within 35 days of the date of determination. A Petition for Relief form, in blank, shall be provided to the complainant at the time of service of the notice.

(6) If a Petition for Relief is not filed with the Commission within 35 days of the date of determination, the Commission will take no further action and will close the matter.

(7) After service of a Notice of Determination, the parties named in the determination may inspect the records and documents, in the custody of the Commission, which pertain to the determination. The Executive Director may direct that a particular record, document or portion thereof be withheld from inspection by a party only when necessary for the protection of a witness or third party, or for the preservation of a trade secret.

History

Rulemaking Authority 760.06(12) FS. Law Implemented 760.03(7), 760.06, 760.10, 760.11 FS. History–New 11-2-78, Amended 6-16-83, 8-12-85, Formerly 22T-9.04, 22T-9.004, Amended 2-5-04, 5-17-21.

Fla. Admin. Code R. 60Y-5.005 Conciliation

(1) After service of a Notice of Determination of Reasonable Cause pursuant to Rule 60Y-5.004, F.A.C., the Commission shall endeavor to eliminate any unlawful employment practice by informal methods of conference, conciliation and persuasion.

(2) The Commission shall attempt to achieve a just resolution of all violations found, and to obtain agreement that the respondent will eliminate the unlawful practice and provide appropriate affirmative relief. Where such conciliation attempts are successful, the terms of the conciliation agreement shall be reduced to writing and signed by the complainant, the respondent and the Executive Director or the person designated by the Executive Director. The original of the signed agreement shall be filed with the Clerk, and copies shall be served upon the respondent and the complainant.

(3) A duly executed conciliation agreement shall operate as a dismissal of the complaint; however, prior to the filing of the conciliation agreement, the parties may stipulate therein to bringing the agreement before a Panel of Commissioners. The Panel in its sole discretion may adopt the conciliation agreement as a consent order.

(4) If conciliation has not been signed and the complaint has not been withdrawn or dismissed within the time period established for filing a Petition for Relief, the Executive Director shall dismiss the complaint.

History

Rulemaking Authority 760.06(13) FS. Law Implemented 760.06, 760.10 FS. History–New 11-2-78, Amended 6-16-83, 8-29-84, 8-12-85, Formerly 22T-9.05, 22T-9.005, Amended 2-5-04.

Fla. Admin. Code R. 60Y-5.006 Administrative Dismissal of a Complaint

The Executive Director, on behalf of the Commission, shall dismiss a complaint upon one or more of the following grounds:

(1) The complainant has failed or refused to cooperate or has failed to appear at or fails or refuses to participate in a duly noticed fact-finding conference and after notice pursuant to subsection 60Y-5.003(5), F.A.C., has failed to duly respond or show good cause for such nonappearance or nonparticipation;

(2) The complaint has been resolved by negotiated settlement pursuant to subsection 60Y-5.003(10), F.A.C.;

(3) The complaint has not been timely filed with the Commission;

(4) Anytime after the expiration of 180 days from the date of filing the complaint when a Determination of Reasonable Cause or No Reasonable Cause has not been issued by the Commission, and the complainant has failed to file a Petition for Relief pursuant to subsection 60Y-5.008(1), F.A.C.

(5) The complainant cannot be located after reasonable efforts to locate have been made and there is no response from the complainant within 30 days after notice was sent by certified mail to the complainant’s last known address;

(6) An agreement to submit to arbitration has been filed pursuant to Rule 60Y-5.009, F.A.C.;

(7) The complainant has voluntarily dismissed the petition for relief pursuant to subsection 60Y-5.008(7), F.A.C.;

(8) The complainant has voluntarily withdrawn the complaint; or

(9) There is no jurisdiction over the respondent or subject matter of the complaint; or

(10) The complaint is frivolous on its face or the complaint was filed by a vexatious litigant.

History

Rulemaking Authority 760.06(12) FS. Law Implemented 760.06, 760.11 FS. History–New 11-2-78, Amended 6-16-83, 8-29-84, 8-12-85, Formerly 22T-9.06, Amended 8-11-86, Formerly 22T-9.006, Amended 2-5-04, 5-17-21, 11-20-25.

Fla. Admin. Code R. 60Y-5.007 Redetermination

History

Rulemaking Authority 760.06(13) FS. Law Implemented 760.06, 760.10 FS. History–New 11-2-78, Amended 6-16-83, 8-12-85, Formerly 22T-9.07, Amended 4-20-87, Formerly 22T-9.007, Amended 8-5-93.

Fla. Admin. Code R. 60Y-5.008 Petition for Relief from an Unlawful Employment Practice

(1) Petition. A complainant may file a Petition for Relief from an Unlawful Employment Practice within 35 days of the Date of Determination of Reasonable Cause, No Reasonable Cause, No Jurisdiction or Untimeliness. In the event that the Commission does not issue a determination within 180 days after the complaint was filed, a complainant may also file a Petition for Relief from an Unlawful Employment Practice within 35 days of the date the Commission certifies mailing the notice required under Section 760.11(8)(b), F.S. A complainant who is not represented by an attorney may file a Petition for Relief without copies or proof of service, and the Clerk shall prepare copies and serve them upon all other parties.

(2) For good cause shown, the Chairperson may grant an extension of time to file the Petition for Relief from an Unlawful Employment Practice, provided the motion for extension of time is filed within the 35-day period prescribed by subsection 60Y-5.008(1), F.A.C.

(3) Procedures. Petitions for Relief, and proceedings thereupon, are governed by the provisions of Chapters 28-106 and 60Y-4, F.A.C., except as otherwise provided by this section.

(4) Class Allegations.

(a) The petition may include an allegation that the respondent has acted or refused to act on grounds generally applicable to a class, in which case the petition shall also include a description of the class of persons allegedly affected.

(b) If the petition contains class allegations, the administrative law judge, on motion of a party, may include in the recommended order a proposed certification of the class if:

The class is so numerous that joinder of all members is impractical,
There are questions of law or fact common to the class,
The claims of the petitioner are typical of the claims of the class, and
The petitioner will fairly and adequately protect the interests of the class.

If the administrative law judge proposes that a class be certified, the administrative law judge may also include in the recommended order proposed findings and conclusions concerning the respondent’s liability to the class. However, the administrative law judge shall not initially consider other class issues unless it is determined that such consideration will not cause undue delay to the completion of the hearing.

(5) Final Orders; Relief; Remand. Upon consideration of a recommended order, the Commission or Panel may order that the petition and complaint be dismissed or may determine that an unlawful employment practice has occurred. In the event the Commission or Panel determines that an unlawful employment practice has occurred, it shall issue an order prohibiting the practice and providing relief from the effects of the practice. If the Commission or Panel finds that the proceeding is properly maintained as a class proceeding, the order of the Commission or Panel may direct a remand to the administrative law judge of any class issue which the Commission or Panel has not determined. The order of the Commission or Panel shall constitute final agency action as to all matters except those which are remanded to the administrative law judge.

(6) Proceedings After Remand. An order of remand, pursuant to subsection (5), or a subsequent order of the administrative law judge, may direct that notice of pendency of the proceeding be served upon members of the class. Such an order shall specify the manner of service of the notice and the person responsible for service. Any member of the class who does not, within 15 days of service of the notice of pendency or within such other time as the order may provide, file with the Commission an election of non- participation in the class shall be bound by an order of the Commission or Panel made subsequent to the giving of such notice.

(7) Voluntary Dismissal. A Petition for Relief may be dismissed by the Petitioner without order of the administrative law judge, Panel of Commissioners or Commission (i) by serving, or during hearing by stating on the record, a notice of dismissal at any time before the issuance of a recommended order or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. The dismissal operates with prejudice with respect to Petitioner’s Chapter 760, F.S., administrative remedies and constitutes final agency action.

History

Rulemaking Authority 760.06(12) FS. Law Implemented 760.06, 760.10 FS. History–New 11-2-78, Amended 2-4-82, 6-16-83, 8-29-84, 8-12-85, Formerly 22T-9.08, 22T-9.008, Amended 2-5-04, 5-17-21.

Fla. Admin. Code R. 60Y-5.009 Arbitration

(1) After the filing of a complaint, the complainant and respondent may agree to submit the issues raised by the complaint or by a determination of reasonable cause to binding arbitration. The agreement to submit to arbitration shall be in writing and shall specify the procedure and law which will govern the arbitration proceeding. An executed copy of the agreement shall be filed with the Clerk.

(2) Unless otherwise provided in the agreement to submit to arbitration, the Executive Director may dismiss the complaint which is the subject of the agreement upon the filing of the agreement as provided in subsection (1).

History

Rulemaking Authority 760.06(13) FS. Law Implemented 760.06, 760.10 FS. History–New 11-2-78, Formerly 22T-9.09, 22T-9.009.

Chapter 60Y-6 FAIR HOUSING ACT

Fla. Admin. Code R. 60Y-6.001 Definitions

As used in the rules of the Commission:

(1) “Accessible,” when used with respect to the public and common use areas of a building containing covered multifamily dwellings, means that the public or common use areas of the building can be approached, entered and used by individuals with physical handicaps. The phrase “readily accessible to and usable by” is synonymous with accessible. A public or common use area that complies with the appropriate requirements of ANSI A117.1-1986 or a comparable standard is “accessible” within the meaning of this subsection.

(2) “Accessible route” means a continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by people with other disabilities. Interior accessible routes may include corridors, floors, ramps, elevators and lifts. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps and lifts. A route that complies with the appropriate requirements of ANSI A117.1-1986 or a comparable standard is an “accessible route.”

(3) “Act” means the Fair Housing Act, as amended, Section 760.20-760.37, F.S.

(4) “Aggrieved person” includes any person who claims to have been injured by a discriminatory housing practice or who believes that such person will be injured by a discriminatory housing practice.

(5) “ANSI A117.1-1986” means the 1986 edition of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people. Copies may be obtained from the American National Standards Institute, Inc., 1430 Broadway, New York, New York 10018.

(6) “Attorney General” means the Attorney General of the State of Florida.

(7) “Broker or agent” includes any person authorized to perform an action on behalf of another person regarding any matter related to the sale or rental of dwellings, including offers, solicitations or contracts and the administration of matters regarding such offers, solicitations or contracts or any residential real estate-related transactions.

(8) “Building” means a structure, facility or portion thereof that contains or serves one or more dwelling units.

(9) “Building entrance on an accessible route” means an accessible entrance to a building that is connected by an accessible route to public transportation stops, to accessible parking and passenger loading zones, or to public streets or sidewalks, if available. A building entrance that complies with ANSI A117.1-1986 or a comparable standard complies with the requirements of this subsection.

(10) “Chairperson” or “Chair” means the Chairperson of the Commission or Chairperson of a Panel, as the context may indicate.

(11) “Charge” means the statement of facts upon which the Commission has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur.

(12) “Clerk” means the person designated by the Executive Director as heading the Office of the Clerk.

(13) “Commission” means the Florida Commission on Human Relations.

(14) “Commissioner” means a member of the Commission.

(15) “Common use areas” means rooms, spaces or elements inside or outside of a building that are made available for the use of residents of a building or the guests thereof. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas and passageways among and between buildings.

(16) “Complainant” means a person who filed a complaint.

(17) “Complaint” means a written, verified statement which alleges the occurrence of an unlawful housing practice and also includes an amended complaint.

(18) “Conciliation” means the attempted resolution of issues raised by a complaint or by the investigation of a complaint, through informal negotiations involving the aggrieved person, the respondent and the Commission.

(19) “Conciliation agreement” means a written agreement setting forth the resolution of the issues in conciliation.

(20) “Controlled substance” means any drug or other substance, or their immediate precursor, defined in Chapter 893, F.S.

(21) “Covered multifamily dwellings” means a building which consists of four or more dwelling units and has an elevator, or the ground floor units of a building which consists of four or more dwelling units and does not have an elevator.

(22) “Discriminatory housing practice” means an act which is unlawful under the terms of the Fair Housing Act, Sections 760.20-.37, F.S.

(23) “Division of Administrative Hearings” means the Division of Administrative Hearings of the Department of Administration.

(24) “Document” includes, but is not limited to, writings, drawings, graphs, charts, photographs, phono-records and other data compilations from which information can be obtained.

(25) “Dwelling” means any building or structure, or portion thereof, which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location on the land of any such building or structure, or portion thereof.

(26) “Dwelling unit” means a single unit of residence for a family or one or more persons. Examples of dwelling units include: a single family home; an apartment unit within an apartment building; and in other types of dwellings in which sleeping accommodations are provided but toileting or cooking facilities are shared by occupants of more than one room or portion of the dwelling, rooms in which people sleep. Examples of the latter include dormitory rooms and sleeping accommodations in shelters intended for occupancy as a residence for homeless persons.

(27) “Entrance” means any access point to a building or portion of a building used by residents for the purpose of entering.

(28) “Executive Director” means the Executive Director of the Commission.

(29) “Exterior” means all areas of the premises outside of an individual dwelling unit.

(30) “Fair Housing Act” means the act which is set forth in Chapter 760, F.S., Sections 760.20-.37, F.S.

(31) “Familial Status” is established when an individual who has not attained the age of 18 years is domiciled with a parent or other person having legal custody of such individual, or a designee of a parent or other person having legal custody, with written permission of such parent or other person.

(32) “Family” includes a single individual.

(33) “First occupancy” means a building that has never before been used for any purpose.

(34) “General Counsel” means the General Counsel of the Commission.

(35) “Ground floor” means a floor of a building with a building entrance on an accessible route. A building may have more than one ground floor.

(36) “Handicap” means a person who has a physical or mental impairment which substantially limits one or more major life activities, or has a record of having or is regarded as having such physical or mental impairment, or a person who has a developmental disability as defined in Section 393.063(6), F.S.

(37) “Has a record of having such impairment” means has a history of, or has been misclassified as having a mental or physical impairment.

(38) “Hearing” means an administrative hearing conducted pursuant to Chapter 120, F.S.

(39) “Hearing Officer” means the person assigned to conduct a hearing upon a petition filed with the Commission.

(40) “Is regarded as having an impairment” means having a physical or mental impairment that does not substantially limit one or more major life activities but is treated as if it does; having a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or having no physical or mental impairments but being treated as having such an impairment.

(41) “Interior” means the spaces, parts, components or elements of an individual dwelling unit.

(42) “Major life activities” includes functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

(43) “Modification” means any change to the public or common use areas of a building or any change to a dwelling unit.

(44) “Panel” means a panel of three or more Commissioners convened for the purpose of holding hearings on petitions for relief from discriminatory housing practices.

(45) “Party” means any person designated as a party to a proceeding before the Commission, pursuant to rule of the Commission.

(46) “Person” includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.

(47) “Person in the business of selling or renting dwellings” means any person who within the preceding twelve months has participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; or within the preceding twelve months has participated as agent, other than in the sale of his personal residence, in providing sales of rental facilities or services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

(48) “Petition” means a writing, other than a written motion, filed with the Commission pursuant to rule of the Commission requesting that specified action be taken by the Commission.

(49) “Petitioner” means a person who files a petition with the Commission.

(50) “Physical or mental impairment” includes any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term “physical or mental impairment” includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current illegal use of a controlled substance) and alcoholism.

(51) “Premises” means the interior or exterior spaces, parts, components or elements of a building, including individual dwelling units and the public and common use areas of a building.

(52) “Public use areas” means interior or exterior rooms or spaces of a building that are made available to the general public. Public use may be provided at a building that is privately or publicly owned.

(53) “Residential real estate transactions” means any of the following: the making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling; or the making or purchasing of loans or providing other financial assistance secured by residential real estate; or the selling, brokering or appraising of residential real estate property.

(54) “Respondent” means the person designated in the complaint as responsible for the alleged discriminatory housing practice or in the case of a petition, the person against whom relief is sought.

(55) “Site” means a parcel of land bounded by a property line or a designated portion of a public right of way.

(56) “Substantially equivalent” means an administrative subdivision of the State of Florida meeting the requirements of 24 C. F. R. Part 115, Section 115.6, F.S.

(57) “To rent” includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

History

Rulemaking Authority 760.31(5) FS. Law Implemented 760.22-760.37 FS. History–New 1-25-90, Formerly 22T-20.001.

Fla. Admin. Code R. 60Y-6.002 Construction of Rules

History

Rulemaking Authority 760.31(5) FS. Law Implemented 760.21 FS. History–New 1-25-90, Formerly 22T-20.002.

Chapter 60Y-7 INVESTIGATORY PROCEEDINGS UPON COMPLAINTS OF DISCRIMINATORY HOUSING PRACTICES

Fla. Admin. Code R. 60Y-7.001 Complaints

(1) Who may file. A complaint may be filed by any person who claims to have been injured by a discriminatory housing practice or any person who believes that he will be injured by a discriminatory housing practice that is about to occur.

(2) Time for Filing. A complaint may be filed at any time within one year of the occurrence of the alleged discriminatory housing practice. If the alleged discriminatory housing practice is of a continuing nature, the date of the occurrence may be any date subsequent to the commencement of the discriminatory housing practice up to and including the date on which it shall have ceased.

(3) Place and Date of Filing. A complaint shall be filed at the office of the Commission. The date of filing shall be the date of actual receipt of the complaint by the Clerk or other agent of the Commission. Any document received by the Clerk or other agent of the Commission after 5:00 p.m. (Eastern Time) shall be filed as of 8:00 a.m. on the next regular business day.

(4) Form. The complaint must be in writing and shall be signed by the complainant. The complaint shall be verified.

(5) Contents.

(a) The complaint should contain the following information:

The name, address and telephone number of the person filing the complaint;
The name, address and telephone number of the respondent;
A clear and concise statement of the facts, including pertinent dates, constituting the discriminatory housing practice;
If known, a statement disclosing whether proceedings involving the alleged discriminatory housing practice have been commenced before a Federal, State or local agency charged with enforcement of fair housing practice laws and, if so, the date of such commencement and the name of the agency.

(b) Notwithstanding the provision of paragraph (a) of this subsection, a complaint is sufficient if it is in writing under oath or affirmation and is sufficiently precise to identify the parties and to describe generally the action or practice complained of.

(6) Amendments.

(a) A complaint may be amended within 60 days after filing and, thereafter, with the consent of the Executive Director upon discovery of new facts or upon a finding that information previously provided by the respondent was misrepresented.

(b) A complaint may be amended to cure technical defects, or omissions, including verification, or to clarify and amplify allegations made therein. Such amendments and amendments which describe an additional discriminatory housing practice relating to or growing out of the subject matter of the original complaint will relate back to the date the complaint was first received.

(c) An amendment adding or changing a respondent will relate back to the date the complaint was first received if, within the period provided by subsection (2) of this section, the new respondent (i) has received such notice of the filing of the complaint as is sufficient to avoid prejudice in a defense on the merits, and (ii) knew or should have known that, but for a mistake concerning identity of the proper respondent, the complaint would have been filed against the new respondent.

(7) Withdrawal. A complaint may be withdrawn by a complainant at any time; however, following the issuance of a Notice of Determination, withdrawal may be made only with the consent of the Executive Director.

(8)(a)1. Notice to Respondent. When it is determined that a complaint is complete and has been timely filed, the Executive Director shall cause notice of the filing and a copy of the complaint to be served upon the respondent. Notice should be served within 10 days of the date of filing. An amendment likewise shall be served upon the respondent.

The notice shall advise the respondent of relevant procedural rights and obligations by referencing, for example, Sections 760.20-.37, F.S., and Chapters 60Y-6, 60Y-7, 60Y-8, and 60Y-9, F.A.C.
The notice shall advise the respondent of the complainant’s right to commence a civil action under Section 760.35, F.S., in court, not later than two years after the occurrence or termination of the alleged discriminatory housing practice. If filed in federal court under federal law, the notice will state that the computation of this two-year period excludes any time during which the matter is pending for administrative relief with respect to a complaint or charge based on the alleged discriminatory housing practice. The notice will also state, however, that the time period includes the time during which an action arising from a breach of a conciliation agreement under Section 760.36, F.S., is pending.
The notice shall advise the respondent that retaliation against any person because he or she made a complaint or testified, assisted or participated in an investigation or conciliation under Florida’s Fair Housing Act is a discriminatory housing practice that is prohibited.

(b) Notice to Complainant.

The Commission shall serve notice upon the complainant acknowledging the filing of the complaint, advising the complainant of the time limits set forth in Rule 60Y-7.004, F.A.C.
The Commission shall serve notice upon the complainant advising the complainant of the statutory remedies and choice of forums by referencing Sections 760.34, 760.35 and 760.37, F.S., and by informing the complainant that Section 760.34, F.S., is neither an obstacle nor a prerequisite to commencement of a separate civil action on his own under Section 760.35, F.S.
The notice shall advise the complainant of his right to commence a civil action under Section 760.35, F.S., in a court, not later than two years after the occurrence or termination of the alleged discriminatory housing practice. The notice will state that, if filing in federal court under federal law, the computation of this two-year period excludes any time during which the matter is pending for administrative relief with respect to a complaint or charge, based on the alleged discriminatory housing practice. The notice will also state, however, that the time period includes the time during which an action arising from a breach of a conciliation agreement under Section 760.36, F.S., is pending.
The notice shall advise the complainant that retaliation against any person because he or she made a complaint or testified, assisted, or participated in an investigation or conciliation under Florida’s Fair Housing Act is a discriminatory housing practice that is prohibited.
Upon an investigatory determination of reasonable cause, the Commission shall serve notice upon the complainant advising the complainant that at the election of the complainant, the Attorney General may bring an action in the name of the state on behalf of the complainant to enforce the provisions of Sections 760.20-.37, F.S.
The complainant must make his election within 20 days after receipt of the notice. If an election is made for a civil action by the Attorney General, then a civil action may be commenced and maintained within a reasonable time from the date of the election. If the Attorney General, in its discretion, determines that it will not initiate a civil action on behalf of the aggrieved person, the Commission shall institute a civil action in an appropriate court.
In addition, complainant shall be advised that, as an alternative to the Attorney General bringing an action, the Commission will petition for an administrative hearing and seek relief for complainant under Section 120.57, F.S., and prosecute the matter to a final agency order, which may include defending against an appeal by the respondent.
At all times, however, Complainant retains the right to seek administrative or judicial relief without governmental assistance.

(9) Maintenance of Records. Once a complaint has been served on the respondent, the respondent shall preserve all records and other evidence which may pertain to the complaint until the matter has been finally determined.

History

Rulemaking Authority 760.31(5) FS. Law Implemented 760.34 FS. History–New 1-25-90, Amended 11-20-91, Formerly 22T-21.001, Amended 9-17-98, 12-31-03, Amended 10-6-13.

Fla. Admin. Code R. 60Y-7.002 Answer

(1) Respondent may file an answer to the complaint within 20 days of the date of notice of the filing. The answer shall be verified.

(2) The answer may be reasonably and fairly amended at any time prior to the issuance of a Notice of Determination.

History

Rulemaking Authority 760.31(5) FS. Law Implemented 120.53, 760.34 FS. History–New 1-25-90, Formerly 22T-21.002, Amended 12-31-03.

Fla. Admin. Code R. 60Y-7.003 Referral of Complaints

Wherever a local fair housing law provides rights and remedies for alleged discriminatory housing practices which are substantially equivalent to the rights and remedies provided in the Fair Housing Act, the Commission shall notify the appropriate local agency of any complaint filed under the Act which appears to constitute a violation of the local fair housing law, and the Commission shall take no further action with respect to such complaint if the local law enforcement official has, within 30 days from the date the alleged offense was brought to the official’s attention, commenced proceedings in the matter. In no event shall the Commission take further action unless it certifies that in its judgment, under the circumstances of the particular case, the protection of the rights of the parties or the interests of justice require such action.

History

Rulemaking Authority 760.31(5) FS. Law Implemented 120.53, 760.34 FS. History–New 1-25-90, Formerly 22T-21.003.

Fla. Admin. Code R. 60Y-7.004 Investigation of Complaints

(1)(a) By whom. The investigation of the complaints shall be made by the Office of Housing Investigations or by any other person designated by the Executive Director. The Executive Director may utilize services of other public agencies, state, local or federal, which are charged with the administration of fair housing practice laws, and may utilize the information gathered by such.

(b) Investigatory proceedings shall commence before the end of the 30th day after receipt of the complaint.

(2) Statement of Complainant. During the course of an investigation, the complainant may be required to provide a statement which includes:

(a) A statement of each particular harm which the aggrieved person has suffered and the date on which each harm occurred.

(b) For each harm, a statement specifying the act, policy or practice which is alleged to be unlawful.

(c) For each act, policy or practice alleged to have harmed the aggrieved person, a statement of the facts which lead the complainant to believe that the act, policy or practice is discriminatory.

(3) Requests for Information. During the course of an investigation, the Office of Housing Investigations may request of any person information concerning the facts and circumstances of the complaint. Requests for information may be made in the following manner:

(a) Oral interviews;

(b) Written interrogatories;

(d) Requests for entry upon land for inspection and other purposes;

(e) Requests for a written statement or affidavit.

(4) Failure to Cooperate – Complainant. Where the complainant fails to provide a necessary statement, fails or refuses to appear or be available for interviews or meetings, fails or refuses to provide necessary information requested by the Office of Housing Investigations pursuant to this section or otherwise refuses to cooperate to the extent that the Office of Housing Investigations is unable to resolve the complaint, and where after notice the complainant has failed to duly respond to the Office of Housing Investigations, the Executive Director may dismiss the complaint based upon complainant’s failure to cooperate.

(5) Subpoena. The Commission and the respondent may compel access to or the production of documents or the appearance of persons under the following conditions:

(a) The Executive Director may issue subpoenas to compel access to or the production of documents or the appearance of such persons as are reasonably necessary for the investigation.

(b) The respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the Commission to the same extent and subject to the same limitations as subpoenas issued by the Commission on its own initiative.

(c) Each subpoena shall state the name and address of the issuer, identify the person subpoenaed, and identify the person to whom and the place, date and time at which it is returnable.

(d) Within 5 days after service of a subpoena upon any person, such person may petition the Executive Director to revoke or modify the subpoena. The Executive Director shall grant the petition if he finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, or that compliance would be unduly onerous or for other good reason.

(e) In case of refusal to obey a subpoena, the Executive Director or the person at whose request the subpoena was issued may petition for its enforcement in the circuit court for the county in which the person to whom the subpoena was addressed resides, was served or transacts business.

(6) Access to Files During Investigation. Information obtained during the investigation of a complaint shall be disclosed only to the complainant, respondent or their authorized representative, or to a witness, only when disclosure is deemed necessary for the investigation or for securing appropriate disposition of the complaint.

(7) Negotiated Settlement. During the mediation and investigation processes, the Commission shall endeavor to encourage the complainant and the respondent to settle the complaint on mutually agreeable terms. If the settlement is achieved by a Negotiated Settlement Agreement, its terms shall be reduced to writing and signed and dated by the complainant and the respondent. If a settlement is achieved as a Withdrawal with Settlement, only the complainant need sign and date. A copy of the agreement shall be filed with the Clerk. A complaint which has been settled may be dismissed by the Executive Director upon such terms and at such time as may be provided in the written agreement subject to compliance.

(8)(a) Within 100 days after receiving a complaint or within 100 days after the expiration of any period of reference under Rule 60Y-7.003, F.A.C., the Commission shall investigate the complaint and give notice in writing to the person aggrieved whether the investigatory determination is “No Cause” or “Cause.”

(b) If the Commission is unable to complete its investigation within 100 days, it shall notify the complainant and respondent in writing of the reasons for not doing so.

(9) If the investigatory determination is “No Cause,” the Executive Director shall issue a “Notice of Determination (No Cause)” and serve it upon the complainant and the respondent. The “Notice of Determination (No Cause)” shall state that the complainant may request an administrative hearing by filing a Petition for Relief from a Discriminatory Housing Practice within 30 days of service of the notice. A form, Petition for Relief, in blank, shall be provided to the complainant at the time of service of the “Notice of Determination (No Cause)”.

(10) If the investigatory determination is “Cause,” the Executive Director shall issue a “Notice of Determination (Cause)” and serve it upon the complainant and the respondent. The notice shall inform the complainant of the options and mandated times for action outlined in paragraph 60Y-7.001(8)(b), F.A.C. Concurrently, the Commission may also attempt to conciliate the case pursuant to Rule 60Y-7.005, F.A.C.

(11) The Commission will make final administrative disposition of a complaint within 100 days of the date of receipt of the complaint, unless it is impracticable to do so. If the Commission is unable to do so, it shall notify the complainant and respondent in writing of the reasons for not doing so.

History

Rulemaking Authority 760.31(5) FS. Law Implemented 120.53, 760.34 FS. History–New 1-25-90, Amended 11-20-91, Formerly 22T-21.004, Amended 11-18-92, 12-31-03.

Fla. Admin. Code R. 60Y-7.005 Conciliation

(1) If the Commission decides to resolve the complaint, it shall endeavor to eliminate any discriminatory housing practice by informal methods of conference, conciliation and persuasion. Insofar as possible, conciliation meetings shall be held in the city or other locality where the discriminatory housing practice allegedly occurred.

(2) The Commission shall attempt to achieve a just resolution of all violations found, and to obtain agreement that the respondent will eliminate the discriminatory housing practice and provide appropriate affirmative relief. Where such conciliation attempts are successful, the terms of the conciliation agreement shall be reduced to writing and signed by the complainant, the respondent and the Executive Director or person designated by the Executive Director. The original of the signed agreement shall be filed with the Clerk, and copies shall be served upon the respondent and the complainant.

(3) A duly executed conciliation agreement shall operate as a dismissal of the complaint; however, prior to the filing of the conciliation agreement, the parties may stipulate therein to bringing the agreement before a Panel of Commissioners. The Panel in its discretion may adopt the conciliation agreement as a consent order.

(4) If a conciliation agreement has not been signed and the complaint has not been withdrawn or dismissed within the time period established for filing a Petition for Relief, the Executive Director shall dismiss the complaint.

History

Rulemaking Authority 760.31(5) FS. Law Implemented 120.53, 760.34 FS. History–New 1-25-90, Formerly 22T-21.005, Amended 11-18-92, 12-31-03.

Chapter 60Y-8 FORMAL ADMINISTRATIVE PROCEEDINGS UPON COMPLAINTS OF DISCRIMINATORY HOUSING PRACTICES

Fla. Admin. Code R. 60Y-8.001 Petition for Relief from a Discriminatory Housing Practice

(1) Petition. A complainant may file a Petition for Relief from a Discriminatory Housing Practice within 30 days of service of a Notice of Determination (No Cause) or Notice of Determination (Cause). The Executive Director on behalf of the Commission may institute an action by filing a Petition for Relief from a Discriminatory Housing Practice upon determining there is reasonable cause to believe that a discriminatory practice has occurred and has been unable to obtain voluntary compliance with Sections 760.20-.37, F.S. The Clerk shall prepare copies of the petition and serve them upon all other parties named in the petition by certified mail.

(2) For good cause shown, the Chairperson may grant an extension of time to the complainant to file the Petition for Relief, provided the motion for extension of time is filed within the 30-day period.

(3) Procedures. Petitions for Relief, and proceedings thereupon, are governed by the provisions of Chapters 28-106 and 60Y-4, F.A.C., except as otherwise provided by this section.

(4) Final Orders; Relief; Remand. Upon consideration of a recommended order, the Commission or Panel may order that the petition and complaint be dismissed or may determine that a discriminatory housing practice has occurred. In the event the Commission or Panel determines that a discriminatory housing practice has occurred, it shall issue an order prohibiting the practice and providing relief from the effects of the practice, including quantifiable damages and reasonable attorney’s fees and costs. The order of the Commission or Panel shall be final as to all matters except those which are remanded to the Administrative Law Judge.

(5) Voluntary Dismissal. A Petition for Relief filed by a complainant may be dismissed by the complainant without order of the Administrative Law Judge, Panel of Commissioners or Commission (i) by serving, or during hearing by stating on the record, a notice of dismissal at any time before the issuance of a recommended order or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. The dismissal operates with prejudice with respect to Petitioner’s Chapter 760, F.S., administrative remedies and constitutes final agency action.

History

Rulemaking Authority 760.31(5) FS. Law Implemented 760.34, 760.35 FS. History–New 1-25-90, Formerly 22T-22.001, Amended 11-18-92, 2-5-04.

Fla. Admin. Code R. 60Y-9.001 Purpose

The purpose of the housing for older persons exemption to the general prohibition against discrimination because of familial status is to protect families with children from discrimination in housing without unfairly limited housing choices for older persons. Chapter 60Y-9, F.A.C., clarifies requirements related to housing for older persons pursuant to Section 760.29(4), F.S.

History

Rulemaking Authority 760.31(5) FS. Law Implemented 760.29(4), 760.31(5) FS. History–New 8-15-90, Formerly 22T-23.001, Amended 2-5-04.

Fla. Admin. Code R. 60Y-9.002 General Provisions

(1) Nothing in this chapter limits the applicability of any reasonable federal, state, or local restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

(2) The prohibition against discrimination on the basis of familial status makes it unlawful to assign any person to a particular section of a facility, development, community or neighborhood or to a particular floor of a building because of familial status. Accordingly, no approval is given for a “dual purpose housing facility,” i.e., a housing facility where specified units or sections are designated for older persons and other units or sections are open to everyone.

(3) Information relative to the age of an individual may be obtained when necessary for determining a facility’s eligibility as housing for older persons.

(4) During any period that any health care worker is actually providing live-in, long-term or hospice health care to a qualified, older person resident for compensation, the occupancy of a housing unit by the health care worker shall not be considered in determining a facility’s eligibility as housing for older persons.

(5) Temporary occupancy of a housing unit by a person, as a guest of a qualified, older person resident, shall not be considered in determining a facility’s eligibility as housing for older persons.

(6) A housing provider may use any nondiscriminatory method of qualifying for the exemption available to housing for older persons, provided that the method used comports with applicable federal, state and local laws.

History

Rulemaking Authority 760.31(5) FS. Law Implemented 760.29(4), 760.31(5) FS. History–New 8-15-90, Formerly 22T-23.002.

Fla. Admin. Code R. 60Y-9.003 Housing Program Exemption

The provisions in Sections 760.20-.37, F.S., relating to familial status shall not apply to housing provided under any federal or state program that the Secretary of Housing and Urban Development and/or the commission determines is specifically designed and operated to assist elderly persons.

History

Rulemaking Authority 760.31(5) FS. Law Implemented 760.29(4), 760.31(5) FS. History–New 8-15-90, Formerly 22T-23.003.

Fla. Admin. Code R. 60Y-9.004 Housing Exemption for Persons 62 Years of Age or Older

(1) The provisions in Sections 760.20-.37, F.S., relating to familial status shall not apply to housing intended for, and solely occupied by, persons 62 years of age or older.

(2) Housing satisfies the requirements of this section even though:

(a) There are persons residing in such housing on or after October 1, 1989, who are under 62 years of age, provided that all new occupants are persons 62 years of age or over.

(b) There are unoccupied units, provided that such units are reserved for occupancy by persons 62 years of age or over.

(3) Housing satisfies the requirements of this section even though a unit is occupied by employees of the housing provider (and family members residing in the same unit) who are under 62 years of age, provided they perform substantial duties directly related to the management or maintenance of the housing.

History

Rulemaking Authority 760.31(5) FS. Law Implemented 760.29(4), 760.31(5) FS. History–New 8-15-90, Formerly 22T-23.004.

Fla. Admin. Code R. 60Y-9.005 Housing Exemption for Persons 55 Years of Age or Older

(1) The provisions in Sections 760.20-.37, F.S., relating to familial status shall not apply to housing intended and operated for occupancy by at least one person 55 years of age or older per unit, provided that the housing complies with 24 C.F.R. part 100 as published in the Federal Register on Friday, April 2, 1999.

(2) Housing intended and operated for occupancy by at least one person 55 years of age or older per unit means:

(a) Housing for which at least 80% of the units in the housing facility are occupied by at least one person 55 years of age or older per unit except that a newly constructed housing facility for first occupancy after October 1, 1989, need not comply with this subsection until 25% of the units in the facility are occupied; and

(b) The owner or manager of the housing facility publishes and adheres to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. The following factors, among others, are relevant in determining whether the owner or manager of a housing facility has complied with the requirements of this subsection:

The manner in which the housing facility is described to prospective residents.
The nature of any advertising designed to attract prospective residents.
Age verification procedures.
Lease provisions.
Written rules and regulations.
Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules or regulations.

(3) Housing satisfies the requirements of this section even though:

(a) Under 80% of the occupied units in the housing facility are occupied by at least one person 55 years of age or older per unit, provided that at least 80% of the units that are occupied by new occupants on or after October 1, 1989, are occupied by at least one person 55 years of age or older.

(b) There are unoccupied units, provided that at least 80% of such units are reserved for occupancy by at least one person 55 years of age or over.

(4) Housing satisfies the requirements of this section even though a unit is occupied by employees of the housing provider (and family members residing in the same unit) who are under 55 years of age, provided they perform substantial duties directly related to the management or maintenance of the housing.

History

Rulemaking Authority 760.31(5) FS. Law Implemented 760.29(4), 760.31(5) FS. History–New 8-15-90, Formerly 22T-23.005, Amended 2-5-04.

Fla. Admin. Code R. 60Y-9.006 Precertification Procedure

(1) With respect to commission certification that a housing facility meets the foregoing requirements relating to housing for older persons, no designated precertification procedure is available.

(2) The commission, however, is authorized to issue a declaratory statement regarding the applicability of these rules under given circumstances in accordance with Section 120.565, F.S., and Chapter 28-4, F.A.C.

History

Rulemaking Authority 120.565, 760.31(5) FS. Law Implemented 120.565, 760.29(4), 760.31(5) FS. History–New 8-15-90, Formerly 22T-23.006.

Fla. Admin. Code R. 60Y-9.007 Housing for Older Persons Registration and Documentation

History

Rulemaking Authority 760.31(5) FS. Law Implemented 760.29(4)(e) FS. History–New 2-11-02, Amended 2-5-04, 2-4-16, Repealed 5-25-21.

Chapter 60Y-10 PROHIBITION AGAINST DISCRIMINATION BY PUBLIC LODGING AND FOOD SERVICE ESTABLISHMENTS IN RESPECT TO REFUSING ACCOMMODATIONS AND SERVICES

Fla. Admin. Code R. 60Y-10.001 Purpose

These rules implement the statutory provisions which make it unlawful discrimination for the operator of a public lodging establishment or a public food service establishment to refuse accommodation or service to any person when the refusal is based upon race, creed, color, sex, physical disability or national origin. The Florida Civil Rights Act of 1992 authorizes the Commission on Human Relations to investigate complaints of discrimination by public lodging establishments and public food service establishments and provides for relief by subsequent administrative proceeding or civil action in court.

History

Rulemaking Authority 760.06(12), 760.11 FS. Law Implemented 760.11 FS. History–New 12-14-93.

Fla. Admin. Code R. 60Y-10.002 Covered Entities and Facilities

The public lodging establishments covered by these rules are those defined in Sections 509.013(4) and 760.02(11), F.S. The public food service establishments covered by these rules are those defined in Sections 509.013(5) and 760.02(11), F.S. All other establishments defined in Section 760.02(11), F.S., are also covered by these rules.

History

Rulemaking Authority 760.06(12), 760.11 FS. Law Implemented 760.11 FS. History–New 12-14-93, Amended 3-9-04.

Fla. Admin. Code R. 60Y-10.003 Who May File a Complaint; Confidentiality

(1) Any person aggrieved by a violation of Section 509.092, F.S. (1991), may file a complaint with the Commission within 365 days of the alleged violation. The Commission, a commissioner, or the Attorney General may, in like manner, file such a complaint. A commissioner who files a complaint becomes the complainant and shall not participate in the proceedings upon that complaint as a commissioner. All complaints must be reasonably specific as to the time and date of the alleged violation.

(2) All complaints filed with the Commission and all records and documents in the custody of the Commission which relate to and identify a particular person, including but not limited to, a complainant, owner, license, operator or employee of a public lodging establishment or public food service establishment shall be confidential and shall not be disclosed by the Commission, except to the parties or in the course of a hearing or proceeding under Section 760.11, F.S. (1992 Supp.). Disclosure is authorized to any other agency of the state or any other unit of government of the state that has jurisdiction of the subject matter of the complaint or that has legal authority to investigate the complaint.

History

Rulemaking Authority 760.06(12), 760.11 FS. Law Implemented 760.11 FS. History–New 12-14-93.

Fla. Admin. Code R. 60Y-10.004 Investigatory Process

(1) Within five (5) days of a complaint being filed, the Commission shall by registered mail send a copy of the complaint to the establishment that allegedly committed the violation. A copy of Section 760.11, F.S. (1992 Supp.), may also be provided in the mail.

(2) The Commission may likewise provide a copy of the complaint to any other agency of the state, or to an agency of any other unit of government of the state, which has jurisdiction of the subject matter of the complaint or which has legal authority to investigate the complaint.

(3) Within 25 days of the date the complaint was filed, an answer may be filed on behalf of the establishment named for the alleged violation. The absence of an answer, however, shall in no manner delay the investigation of the complaint.

(4) The Executive Director is authorized to refer complaints in accordance with the provisions of Section 760.11(2), F.S. (1992 Supp.).

History

Rulemaking Authority 760.06(12), 760.11 FS. Law Implemented 760.11 FS. History–New 12-14-93.

Fla. Admin. Code R. 60Y-10.005 Relationship of Other Rules

Other rules adopted by the Commission, namely Chapters 60Y-3, 60Y-4 and 60Y-5, F.A.C., shall be the rules governing a proceeding under this chapter to the extent that such other rules do not contradict a specific provision herein.

History

Rulemaking Authority 760.06(12), 760.11 FS. Law Implemented 760.11 FS. History–New 12-14-93.

Chapter 60Y-11 PROHIBITION AGAINST RETALIATING AGAINST EMPLOYEES WHO DISCLOSE INFORMATION TO AN APPROPRIATE AGENCY UNDER THE "WHISTLE-BLOWER'S ACT"

Fla. Admin. Code R. 60Y-11.001 Purpose

These rules implement the statutory provisions which make it unlawful for any agency or independent contractor to take retaliatory action against an employee who reports to an appropriate agency violations of law on the part of a public employer or independent contractor under Sections 112.3187-.31895, F.S., inclusive; also known as the “Whistle-blower’s Act.” The Florida Whistle-blower’s Act authorizes the Commission on Human Relations to investigate complaints of retaliation against state employees who disclosed information pursuant to the “Whistle-blower’s Act” and provides for relief by administrative proceeding or civil action in court.

History

Rulemaking Authority 120.54, 760.06(12), 760.11 FS. Law Implemented 112.3187-.31895 FS. History–New 1-1-04.

Fla. Admin. Code R. 60Y-11.002 Covered Entities and Employees

State agencies, as defined in Section 216.011, F.S., or an independent contractor under contract to a state agency, and their employees.

History

Rulemaking Authority 120.54, 760.06(12) FS. Law Implemented 112.3187-.31895 FS. History–New 1-1-04.

Fla. Admin. Code R. 60Y-11.003 Who May File a Complaint; Confidentiality

(1) Any person aggrieved by a violation of Section 112.3187, F.S., may file a complaint with the Commission within 60 days of the alleged violation.

(2) All complaints filed with the Commission and all records and documents in the custody of the Commission which relate to and identify a particular person shall be confidential and shall not be disclosed by the Commission, except to the parties or in the course of a hearing or proceeding under Section 112.3187, F.S. Disclosure is authorized to any other agency of the state or any other unit of government of the state that has jurisdiction of the subject matter of the complaint or that has legal authority to investigate the complaint.

History

Rulemaking Authority 120.54, 760.06(12) FS. Law Implemented 112.3187-.31895 FS. History–New 1-1-04.

Fla. Admin. Code R. 60Y-11.004 Investigatory Process

(1) Within five working days of a complaint being filed, the Commission shall acknowledge receipt of the complaint and send a copy of the complaint and any other preliminary information available concerning the disclosure of information under Section 112.3187, F.S., to the other parties named in Section 112.31895(1)(a), F.S. The other party shall also acknowledge receipt of such copies to the complainant.

(2) Within 15 days of the date the complaint was received, the Commission shall review the information and determine whether temporary reinstatement is appropriate under Section 112.3187(9)(f), F.S. If it so determines, the Commission shall apply for an expedited order from the appropriate agency or circuit court for reinstatement pending issuance of the final order on the complaint.

(3) If the Commission determines that reasonable grounds exist to believe that a prohibited action has occurred, is occurring, or is to be taken, it may request the agency or circuit court to order a stay of any personnel action for 45 days which, upon request, may be extended for appropriate periods of time. The Commission shall further report its determination together with any findings or recommendations, including corrective action to be taken, to the agency head and may report such to the Governor and Comptroller. If, after 35 days, the agency does not implement the recommended corrective action, the Commission shall terminate the investigation. If the Commission finds, in consultation with the complainant, that the agency has implemented the corrective action, the Commission shall file such finding with the agency head, together with any written comments that the complainant provides, and terminate the investigation.

(4) Within 180 days of the date the complaint was received, the Commission shall provide the agency head and the Complainant with a fact-finding report that may include recommendations to the parties or proposed resolution of the complaint. The Commission shall then proceed to attempt to conciliate the complaint.

(5) If the Commission is unable to conciliate a complaint within 35 days of the issuance of the fact-finding report, or if the Commission finds there are no reasonable grounds to believe that a prohibited personnel action has occurred, is occurring or is to be taken, the Commission shall terminate the investigation.

History

Rulemaking Authority 760.06(12) FS. Law Implemented 112.3187-.31895 FS. History–New 1-1-04, Amended 7-8-21.

Fla. Admin. Code R. 60Y-11.005 Relationship of Other Rules

History

Rulemaking Authority 120.54, 760.06(12) FS. Law Implemented 112.3187-.31895 FS. History–New 1-1-04.

Chapter 60Y-25 FAIR HOUSING ACCESSIBILITY REQUIREMENTS

Fla. Admin. Code R. 60Y-25.001 Purpose

These rules clarify terms used with regard to handicap accessibility and exceptions from accessibility requirements based on terrain or site characteristics. These rules maintain the substantial equivalency between the relevant federal standards and the state requirements.

History

Specific Authority 120.543, 760.31(5) FS. Law Implemented 760.23, 760.31(5) FS. History–New 11-2-92.

Fla. Admin. Code R. 60Y-25.002 General Prohibition Against Discrimination Because of Handicap

The Commission adopts by reference 24 C.F.R. Section 100.202, F.S., as published in the Federal Register on Monday, January 23, 1989.

History

Specific Authority 120.543, 760.31(5) FS. Law Implemented 760.23, 760.31(5) FS. History–New 11-2-92.

Fla. Admin. Code R. 60Y-25.003 Reasonable Modification of Existing Premises

The Commission adopts by reference 24 C.F.R. Section 100.203, F.S., as published in the Federal Register on Monday, January 23, 1989.

History

Specific Authority 120.543, 760.31(5) FS. Law Implemented 760.23, 760.31(5) FS. History–New 11-2-92.

Fla. Admin. Code R. 60Y-25.004 Reasonable Accommodation

The Commission adopts by reference 24 C.F.R. Section 100.204, F.S., as published in the Federal Register on Monday, January 23, 1989.

History

Specific Authority 120.543, 760.31(5) FS. Law Implemented 760.23, 760.31(5) FS. History–New 11-2-92.

Fla. Admin. Code R. 60Y-25.005 Design and Construction Requirements

The Commission adopts by reference 24 C.F.R. Section 100.205, F.S., as published in the Federal Register on Monday, January 23, 1989.

History

Specific Authority 120.543, 760.31(5) FS. Law Implemented 760.23, 760.31(5) FS. History–New 11-2-92.

Fla. Admin. Code R. 60Y-25.006 Design Guidelines for Accessible/Adaptable Dwellings

The Commission adopts by reference 24 C.F.R. Chapter I, Subchapter A, Appendix II, as published in the Federal Register on March 6, 1991, entitled “Fair Housing Accessibility Guidelines.”

History

Specific Authority 120.543, 760.31(5) FS. Law Implemented 760.23, 760.31(5) FS. History–New 11-2-92.

Fla. Admin. Code R. 60Y-25.007 Site Impracticality; Exceptions to Site Impracticality

The Commission adopts by reference relevant portions of 24 C.F.R. Chapter I, Subchapter A, Appendix II. (See Section 5 Guidelines, Requirement 1), as published in the Federal Register on March 6, 1991, entitled “Fair Housing Accessibility Guidelines.”

History

Specific Authority 120.543, 760.31(5) FS. Law Implemented 760.23, 760.31(5) FS. History–New 11-2-92.

Division 60AA Correctional Privatization Commission

Chapter 60AA-1 ORGANIZATION, PROCEDURE AND PUBLIC INFORMATION

Fla. Admin. Code R. 60AA-1.0014 Definitions

History

Rulemaking Authority 957.03 FS. Law Implemented 957.03 FS. History–New 1-7-99, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-1.003 Agency Action

History

Rulemaking Authority 957.03 FS. Law Implemented 957.03 FS. History–New 10-31-93, Amended 1-7-99, Repealed 10-24-11.

Fla. Admin. Code R. 60AA-1.004 Meetings and Notice

History

Rulemaking Authority 957.03 FS. Law Implemented 957.03 FS. History–New 10-31-93, Amended 1-7-99, Repealed 10-24-11.

Fla. Admin. Code R. 60AA-1.005 Agenda

History

Rulemaking Authority 957.03 FS. Law Implemented 957.03 FS. History–New 10-31-93, Amended 1-7-99, Repealed 10-24-11.

Fla. Admin. Code R. 60AA-1.006 Executive Director

History

Rulemaking Authority 957.03 FS. Law Implemented 957.03 FS. History–New 10-31-93, Amended 1-7-99, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-1.007 Applicability, Responsibility and Legal Standard

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-1.008 Requests for Waivers and Amendments to the Operations Contract

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-2 CONTRACT MONITORS, INSPECTIONS AND INVESTIGATIONS

Fla. Admin. Code R. 60AA-2.001 Contract Monitors

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04(1)(g) FS. History–New 1-7-99, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-2.002 Authority to Conduct Investigations

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-2.003 Commission’s Authority to Recommend Inmate’s Transfer

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-2.004 Special Reports

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-2.005 Communications with State or Federal Agencies

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-3 OPERATION OF FACILITIES

Fla. Admin. Code R. 60AA-3.0015 Inmate Access to Programs

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-3.0055 Access to the Courts

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-5 VISITORS

Fla. Admin. Code R. 60AA-5.004 Official Visits by the Department

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-19 HEALTH SERVICES

Fla. Admin. Code R. 60AA-19.001 Health Services

History

Rulemaking Authority 957.03 FS. Law Implemented 957 FS. History–New 1-10-99, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-31 UTILIZATION OF MINORITY BUSINESS ENTERPRISES

Fla. Admin. Code R. 60AA-31.001 Utilization of Minority Business Enterprises

History

Rulemaking Authority 957.03 FS. Law Implemented 287, 957.04, 957.09 FS. History–New 1-7-99, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-33 YOUTHFUL OFFENDER

Fla. Admin. Code R. 60AA-33.001 Youthful Offender

History

Rulemaking Authority 957.03, 958 FS. Law Implemented 957.04, 957.125, 958 FS. History–New 1-7-99, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-102 PUBLIC INFORMATION AND INSPECTION OF RECORDS

Fla. Admin. Code R. 60AA-102.101 Public Information and Inspection of Records

History

Rulemaking Authority 957.03 FS. Law Implemented 119.07, 957.03 FS. History–New 1-7-99, Formerly 60AA-1.009, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-103 INMATE GRIEVANCES

Fla. Admin. Code R. 60AA-103.001 Inmate Grievances ‒ General Policy

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-29.001, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-203 FINANCE AND ACCOUNTING

Fla. Admin. Code R. 60AA-203.101 Inmate Welfare Fund and Canteen Operations

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-3.0035, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-203.201 Inmate Bank Fund

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-3.018, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-204 FOOD SERVICES

Fla. Admin. Code R. 60AA-204.101 Food Services

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-30.001, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-208 PERSONNEL

Fla. Admin. Code R. 60AA-208.001 General ‒ Personnel

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-4.001, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-208.002 Citizen Volunteers

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-4.002, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-209 STAFF DEVELOPMENT

Fla. Admin. Code R. 60AA-209.101 Staff Development

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-25.001, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-209.103 Firearms Training and Other Certification

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04, 957.05 FS. History–New 1-7-99, Formerly 60AA-25.002, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-401 HEALTH SERVICES ADMINISTRATION

Fla. Admin. Code R. 60AA-401.301 Inmate Deaths

History

Rulemaking Authority 957.03 FS. Law Implemented 245.00, 245.08, 382, 406, 936 FS. History–New 1-7-99, Formerly 60AA-3.009, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-404 MENTAL HEALTH SERVICES

Fla. Admin. Code R. 60AA-404.101 Mental Health Services

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-40.001, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-501 EDUCATION

Fla. Admin. Code R. 60AA-501.401 Admissible Reading Material

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-3.012, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-503 CHAPLAINCY SERVICES

Fla. Admin. Code R. 60AA-503.001 Chaplaincy Services

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-3.014, Formerly 60AA-3.014, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-503.002 Marriage of an Inmate While Incarcerated

History

Rulemaking Authority 957.03 FS. Law Implemented 245.00, 245.08, 382, 406, 936 FS. History–New 1-7-99, Formerly 60AA-3.013, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-506 SPECIAL INSTITUTIONALIZED PROGRAMS

Fla. Admin. Code R. 60AA-506.101 Youthful Offenders

History

Rulemaking Authority 957.03 FS. Law Implemented 957.125 FS. History–New 1-7-99, Formerly 60AA-27.001, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-507 SUBSTANCE ABUSE PROGRAM SERVICES

Fla. Admin. Code R. 60AA-507.101 General Policy

Commission-approved Contractor policies, procedures and practices will provide for substance abuse programs.

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-37.001.

Chapter 60AA-601 CLASSIFICATION AND CENTRAL RECORDS

Fla. Admin. Code R. 60AA-601.201 Inmate Work Programs

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-3.003, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-601.301 Inmate Discipline ‒ General Policy

History

Rulemaking Authority 957.03 FS. Law Implemented 957.06 FS. History–New 1-7-99, Formerly 60AA-22.001, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-601.501 Discharge of an Inmate

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-7.005, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-601.502 Discharge Gratuity

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-7.006, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-601.503 Discharge Transportation

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-7.007, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-601.504 Transition Assistance Program

History

Rulemaking Authority 957.03, 944 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-7.008, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-601.701 Visiting ‒ Authority of the Facility Administrator

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-5.001, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-601.702 Posting of Visiting Policies

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-5.002, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-601.703 Visiting Records

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-5.003, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-601.801 Close Management ‒ General

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-38.001, Repealed by Section 947.02, F.S., 7-1-05.

Chapter 60AA-602 SECURITY OPERATIONS

Fla. Admin. Code R. 60AA-602.101 Care of Inmates

History

Rulemaking Authority 957.03 FS. Law Implemented 957.03, 957.04 FS. History–New 1-7-99, Formerly 60AA-3.002, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-602.2021 Inmate Property

History

Rulemaking Authority 957.03 FS. Law Implemented 957.03, 957.04 FS. History–New 1-7-99, Formerly 60AA-3.0025, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-602.2022 Forms

History

Rulemaking Authority 957.03 FS. Law Implemented 957.03 FS. History–New 1-7-99, Formerly 60AA-3.00275, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-602.203 Control of Contraband

History

Rulemaking Authority 957.03 FS. Law Implemented 911.473, 944.472, 957.04 FS. History–New 1-7-99, Formerly 60AA-3.006, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-602.204 Searches of Inmates

History

Rulemaking Authority 957.03 FS. Law Implemented 944.472, 944.473, 957.04 FS. History–New 1-7-99, Formerly 60AA-3.0065, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-602.205 Inmate Telephone Use

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-3.0125, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-602.206 Riot and Disorder Plan

History

Rulemaking Authority 957.03 FS. Law Implemented 245.00, 245.08, 382, 406, 936 FS. History–New 1-7-99, Formerly 60AA-3.016, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-602.210 Use of Force

History

Rulemaking Authority 957.04 FS. Law Implemented 957.04, 957.05 FS. History–New 1-7-99, Formerly 60AA-3.0066, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-602.220 Administrative Confinement

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-3.0081, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-602.222 Disciplinary Confinement

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-3.0084, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-602.401 Routine Mail

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-3.004, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-602.402 Legal Documents and Legal Mail

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-3.005, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-602.403 Privileged Mail

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-3.0052, Repealed by Section 947.02, F.S., 7-1-05.

Fla. Admin. Code R. 60AA-602.405 Copying Services for Inmates

History

Rulemaking Authority 957.03 FS. Law Implemented 957.04 FS. History–New 1-7-99, Formerly 60AA-3.0051, Repealed by Section 947.02, F.S., 7-1-05.

Division 60 Departmental

Chapter 60-8 ACCESSIBLE AND ELECTRONIC INFORMATION TECHNOLOGY

Fla. Admin. Code R. 60-8.001 Purpose; Definitions

History

Rulemaking Authority 282.604 FS. Law Implemented 282.601-.606 FS. History–New 1-23-07, Formerly 60EE-1.001, Repealed 3-2-17.

Fla. Admin. Code R. 60-8.002 Standards Applicable to Electronic and Information Technology

(1) “Assistive technology” means any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities.

(2) “Compliance” means compliance with the standards set forth in this rule, ensuring that individuals with disabilities have access to and use of information and data that is comparable to the access and use by members of the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency. “Compliance” also means compliance with the standards set forth in this rule, ensuring that state employees with disabilities have access to and are provided with information and data comparable to the access and use by state employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

(3) “Operable controls” means a component of a product that requires physical dexterity for normal operation. Operable controls include mechanically operated controls, input and output trays, card slots, keyboards, or keypads.

(4) The following technical standards shall be applicable to the development, procurement, maintenance and use of electronic and information technology:

(a) Software applications and operating systems.

When software is designed to run on a system that has a keyboard, product functions shall be executable from a keyboard where the function itself or the result of performing a function can be discerned textually.
Applications shall not disrupt or disable activated features of other products that are identified as accessibility features, where those features are developed and documented according to industry standards. Applications also shall not disrupt or disable activated features of any operating system that are identified as accessibility features where the application programming interface for those accessibility features has been documented by the manufacturer of the operating system and is available to the product developer.
A well-defined on-screen indication of the current focus shall be provided that moves among interactive interface elements as the input focus changes. The focus shall be programmatically exposed so that assistive technology can track focus and focus changes.
Sufficient information about a user interface element including the identity, operation and state of the element shall be available to assistive technology. When an image represents a program element, the information conveyed by the image must also be available in text.
When bitmap images are used to identify controls, status indicators, or other programmatic elements, the meaning assigned to those images shall be consistent throughout an application’s performance.
Textual information shall be provided through operating system functions for displaying text. The minimum information that shall be made available is text content, text input caret location, and text attributes.
Application shall not override user selected contrast and color selections and other individual display attributes.
When animation is displayed, the information shall be displayable in at least one non-animated presentation mode at the option of the user.
Color coding shall not be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element.
When a product permits a user to adjust color and contrast settings, a variety of color selections capable of producing a range of contrast levels shall be provided.
Software shall not use flashing or blinking text, objects, or other elements having a flash or blink frequency greater than 2 Hz and lower than 55 Hz.
When electronic forms are used, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.

(b) Web-based intranet and internet information and applications.

A text equivalent for every non-text element shall be provided (e.g., via “alt”, “longdesc”, or in element content).
Equivalent alternatives for any multimedia presentation shall be synchronized with the presentation.
Web pages shall be designed so that all information conveyed with color is also available without color, for example from context or markup.
Documents shall be organized so they are readable without requiring an associated style sheet.
Redundant text links shall be provided for each active region of a server-side image map.
Client-side image maps shall be provided instead of server-side image maps except where the regions cannot be defined with an available geometric shape.
Row and column headers shall be identified for data tables.
Markup shall be used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers.
Frames shall be titled with text that facilitates frame identification and navigation.
Pages shall be designed to avoid causing the screen to flicker with a frequency greater than 2 Hz and lower than 55 Hz.
A text-only page, with equivalent information or functionality, shall be provided to make a web site comply with the provisions of this part, when compliance cannot be accomplished in any other way. The content of the text-only page shall be updated whenever the primary page changes.
When pages utilize scripting languages to display content, or to create interface elements, the information provided by the script shall be identified with functional text that can be read by assistive technology.
When a web page requires that an applet, plug-in or other application be present on the client system to interpret page content, the page must provide a link to a plug-in or applet that complies with rule subparagraphs 60-8.002(1)(b)l.-12., F.A.C.
When electronic forms are designed to be completed on-line, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.
A method shall be provided that permits users to skip repetitive navigation links.
When a timed response is required, the user shall be alerted and given sufficient time to indicate more time is required.

“Telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
“TTY” means an abbreviation for teletypewriter. TTYs are machinery or equipment that employs interactive text based communications through the transmission of coded signals across a telephone network. TTYs may include devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons), computers with special modems or text telephones.
Telecommunications products or systems which provide a function allowing voice communication and which do not themselves provide a TTY functionality shall provide a standard non-acoustic connection point for TTYs. Microphones shall be capable of being turned on and off to allow the user to intermix speech with TTY use.
Telecommunications products which include voice communication functionality shall support all commonly used cross-manufacturer non-proprietary standard TTY signal protocols.
Voice mail, auto-attendant, and interactive voice response telecommunications systems shall be usable by TTY users with their TTYs.
Voice mail, messaging, auto-attendant, and interactive voice response telecommunications systems that require a response from a user within a time interval, shall give an alert when the time interval is about to run out, and shall provide sufficient time for the user to indicate more time is required.
Where provided, caller identification and similar telecommunications functions shall also be available for users of TTYs, and for users who cannot see displays.
For transmitted voice signals, telecommunications products shall provide a gain adjustable up to a minimum of 20 dB. For incremental volume control, at least one intermediate step of 12 dB of gain shall be provided.
If the telecommunications product allows a user to adjust the receive volume, a function shall be provided to automatically reset the volume to the default level after every use.
Where a telecommunications product delivers output by an audio transducer which is normally held up to the ear, a means for effective magnetic wireless coupling to hearing technologies shall be provided.
Interference to hearing technologies (including hearing aids, cochlear implants, and assistive listening devices) shall be reduced to the lowest possible level that allows a user of hearing technologies to utilize the telecommunications product.
Products that transmit or conduct information or communication, shall pass through cross-manufacturer, non-proprietary, industry-standard codes, translation protocols, formats or other information necessary to provide the information or communication in a usable format. Technologies which use encoding, signal compression, format transformation, or similar techniques shall not remove information needed for access or shall restore it upon delivery.
Products which have mechanically operated controls or keys, shall comply with the following:

a. Controls and keys shall be tactilely discernible without activating the controls or keys.

b. Controls and keys shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate controls and keys shall be 5 lbs. (22.2 N) maximum.

c. If key repeat is supported, the delay before repeat shall be adjustable to at least 2 seconds. Key repeat rate shall be adjustable to 2 seconds per character.

d. The status of all locking or toggle controls or keys shall be visually discernible, and discernible either through touch or sound.

(d) Video and multimedia products.

All analog television displays 13 inches and larger, and computer equipment that includes analog television receiver or display circuitry, shall be equipped with caption decoder circuitry which appropriately receives, decodes, and displays closed captions from broadcast, cable, videotape, and DVD signals. Widescreen digital television (DTV) displays measuring at least 7.8 inches vertically, DTV sets with conventional displays measuring at least 13 inches vertically, and stand-alone DTV tuners, whether or not they are marketed with display screens, and computer equipment that includes DTV receiver or display circuitry, shall be equipped with caption decoder circuitry which appropriately receives, decodes, and displays closed captions from broadcast, cable, videotape, and DVD signals.
Television tuners, including tuner cards for use in computers, shall be equipped with secondary audio program playback circuitry.
All training and informational video and multimedia productions which support the agency’s mission, regardless of format, that contain speech or other audio information necessary for the comprehension of the content, shall be open or closed captioned.
All training and informational video and multimedia productions which support the agency’s mission, regardless of format, that contain visual information necessary for the comprehension of the content, shall be audio described.
Display or presentation of alternate text presentation or audio descriptions shall be user-selectable unless permanent.

(e) Self contained, closed products.

“Self Contained, Closed Products” means products that generally have embedded software and are commonly designed in such a fashion that a user cannot easily attach or install assistive technology. These products include information kiosks and information transaction machines, copiers, printers, calculators, facsimile machines, and other similar types of products.
Self contained products shall be usable by people with disabilities without requiring an end-user to attach assistive technology to the product. Personal headsets for private listening are not assistive technology.
When a timed response is required, the user shall be alerted and given sufficient time to indicate more time is required.
Where a product utilizes touchscreens or contact-sensitive controls, an input method shall be provided that complies with sub-subparagraphs 60-8.002(4)(c)13.a.-d., F.A.C.
When biometric forms of user identification or control are used, an alternative form of identification or activation, which does not require the user to possess particular biological characteristics, shall also be provided.
When products provide auditory output, the audio signal shall be provided at a standard signal level through an industry standard connector that will allow for private listening. The product must provide the ability to interrupt, pause, and restart the audio at anytime.
When products deliver voice output in a public area, incremental volume control shall be provided with output amplification up to a level of at least 65 dB. Where the ambient noise level of the environment is above 45 dB, a volume gain of at least 20 dB above the ambient level shall be user selectable. A function shall be provided to automatically reset the volume to the default level after every use.
Color coding shall not be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element.
When a product permits a user to adjust color and contrast settings, a range of color selections capable of producing a variety of contrast levels shall be provided.
Products shall be designed to avoid causing the screen to flicker with a frequency greater then 2 Hz and lower then 55 Hz.
Products which are freestanding, non-portable, and intended to be used in one location and which have operable controls shall comply with the following:

a. The position of any operable control shall be determined with respect to a vertical plane, which is 48 inches in length, centered on the operable control, and at the maximum protrusion of the product within the 48 inch length.

b. Where any operable control is 10 inches or less behind the reference plane, the height shall be 54 inches maximum and 15 inches minimum above the floor.

c. Where any operable control is more than 10 inches and not more than 24 inches behind the reference plane, the height shall be 46 inches maximum and 15 inches minimum above the floor.

d. Operable controls shall not be more than 24 inches behind the reference plane.

(f) Desktop and portable computers.

All mechanically operated controls and keys shall comply with sub-subparagraphs 60-8.002(4)(c)13.a.-d., F.A.C.
If a product utilizes touch screens or touch-operated controls, an input method shall be provided that complies with sub-subparagraphs 60-8.002(4)(c)13.a.-d., F.A.C.
When biometric forms of user identification or control are used, an alternative form of identification or activation, which does not require the user to possess particular biological characteristics, shall also be provided.
Where provided, at least one of each type of expansion slots, ports and connectors shall comply with publicly available industry standards.

(5) Function Performance Criteria.

(a) At least one mode of operation and information retrieval that does not require user vision shall be provided, or support for assistive technology used by people who are blind or visually impaired shall be provided.

(b) At least one mode of operation and information retrieval that does not require visual acuity greater than 20/70 shall be provided in audio and enlarged print output working together or independently, or support for assistive technology used by people who are visually impaired shall be provided.

(c) At least one mode of operation and information retrieval that does not require user hearing shall be provided, or support for assistive technology used by people who are deaf or hard of hearing shall be provided.

(d) Where audio information is important for the use of a product, at least one mode of operation and information retrieval shall be provided in an enhanced auditory fashion, or support for assistive hearing devices shall be provided.

(e) At least one mode of operation and information retrieval that does not require user speech shall be provided, or support for assistive technology used by people with disabilities shall be provided.

(f) At least one mode of operation and information retrieval that does not require fine motor control or simultaneous actions and that is operable with limited reach and strength shall be provided.

(6) Information, Documentation, and Support.

(a) “Alternate formats” means formats usable by people with disabilities. Alternate formats include Braille, ASCII text, large print, recorded audio, and electronic formats that comply with this chapter.

(b) Product support documentation provided to end-users shall be made available in alternate formats upon request, at no additional charge.

(c) End-users shall have access to a description of the accessibility and compatibility features of products in alternate formats or alternate methods upon request, at no additional charge.

(d) Support services for products shall accommodate the communication needs of end-users with disabilities.

(7) Nothing in this rule chapter shall be construed to require a fundamental alteration in the nature of a product or its components.

(8) Products located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment are not required to comply with this rule chapter.

History

Rulemaking Authority 282.604 FS. Law Implemented 282.601-.606 FS. History–New 1-23-07, Formerly 60EE-1.002, Amended 3-2-17.

Fla. Admin. Code R. 60-8.003 Electronic and Information Technology Procurements

(1) When procuring electronic and information technology resources, state agencies shall procure those products which comply with the accessibility standards provided in rule 60-8.002, F.A.C., when such products are available in the commercial marketplace or when such products are developed in response to a solicitation. If products are commercially available that meet some, but not all, of the accessibility standards, the state agency shall procure the product that best meets the accessibility standards.

(2) State agencies procuring electronic and information technology shall include the following language in their solicitations and contracts requiring vendors to provide those products which comply with the accessibility standards provided in rule 60-8.002, F.A.C., as electronic and information technology resources: Accessible Electronic Information Technology. Vendors submitting responses to this solicitation must provide electronic and information technology resources in complete compliance with the accessibility standards provided in rule 60-8.002, F.A.C. These standards establish a minimum level of accessibility.

(3) When procuring a product, if a state agency determines that compliance with any provision of sections 282.601-.606, F.S., or this rule chapter imposes an undue burden, the documentation by the state agency supporting the procurement shall explain specifically why, and to what extent, compliance with each such provision creates an undue burden.

History

Rulemaking Authority 282.604 FS. Law Implemented 282.601-.606 FS. History–New 1-23-07, Formerly 60EE-1.003.

Fla. Admin. Code R. 60-8.004 Electronic and Information Technology Development

(1) When designing, developing and maintaining electronic and information technology resources, state agencies shall develop those processes or products which comply with the accessibility standards provided in rule 60-8.002, F.A.C. Documentation of such developments shall include a detailed and comprehensive analysis of accessibility requirements, specifying any requirements necessary to meet the accessibility standards and achieve compliance. If a process or product can be developed that meets some, but not all, of the accessibility standards, the state agency shall develop the process or product that best meets the accessibility standards.

(2) When designing, developing and, subsequently, maintaining electronic and information technology resources, if a state agency determines that compliance with any provision of sections 282.601 -.606, F.S., or this rule chapter imposes an undue burden, the documentation by the state agency supporting the agency determination shall explain specifically why, and to what extent, compliance with each such provision creates an undue burden.

History

Rulemaking Authority 282.604 FS. Law Implemented 282.601-.606 FS. History–New 1-23-07, Formerly 60EE-1.004.

Division 60Q Division of Administrative Hearings

Chapter 60Q-3 MEDICAL MALPRACTICE ARBITRATION

Fla. Admin. Code R. 60Q-3.001 Applicability

(1) These rules shall apply to all voluntary binding arbitration proceedings of medical negligence claims initiated in accordance with Sections 766.201 through 766.212, F.S., to determine and to allocate the amount of damages. All references to DOAH are to the Division of Administrative Hearings.

(2) Any agreement to arbitrate medical negligence claims filed with the Office of the Clerk shall be deemed to incorporate by reference this chapter.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.001, Amended 6-27-00, 9-14-21.

Fla. Admin. Code R. 60Q-3.002 Computation of Time

In computing any period of time prescribed or allowed by these rules, by order of the chief arbitrator, or by an applicable statute, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is not a Saturday, Sunday or legal holiday or any day when the clerk’s office at DOAH is closed. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. As used in these rules, legal holiday means those days designated in Section 110.117, F.S. Whenever a party is required or permitted to do an act within some prescribed time after service of a document, and the document is served by U.S. mail, five days shall be added to the prescribed period. One business day shall be added to the prescribed period when service is made by overnight courier. No additional time shall be added to the prescribed period if service is made by hand, facsimile telephone transmission, or other electronic transmission.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.002, Amended 6-27-00, 9-14-21.

Fla. Admin. Code R. 60Q-3.003 Representation By Attorney

(1) A party has the right to be represented by an attorney at any arbitration proceeding or hearing conducted under Sections 766.201 through 766.212, F.S.

(2) Attorneys shall promptly file notices of appearance. Counsel who file any pleading with the Office of the Clerk or the chief arbitrator have entered an appearance and shall be deemed counsel of record.

(3) On written motion served on the party represented and all other parties of record, the chief arbitrator shall grant counsel of record leave to withdraw for good cause shown.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.003, Amended 6-27-00.

Fla. Admin. Code R. 60Q-3.004 Filing and Service

(1) In construing these rules, any applicable statute, any order of an arbitration panel, or any order of the chief arbitrator, filing means receipt by the Office of the Clerk at DOAH during normal business hours or by the chief arbitrator during the course of a hearing.

(2) Any pleading or other document received by the Office of the Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day.

(3) Whenever a party files a pleading or other document, that party shall simultaneously serve copies upon the other parties to the proceeding and, after the arbitration panel has been confirmed, upon the arbitrators other than the chief arbitrator. Service on counsel of record is the equivalent of service on the party represented for all purposes.

(4) All pleadings and other documents filed shall contain the following:

(a) The style of the proceeding;

(b) The case number, if any;

(d) The name, address, and telephone number of the person filing the document;

(e) The signature of the person filing the document; and

(f) A certificate of service attesting that copies have been furnished to other parties and their arbitrators as required by this rule.

(5) All pleadings and other documents filed shall be styled in such a manner as to indicate clearly the subject matter of the document and the party requesting relief.

(6) All pleadings and other documents shall be filed on white paper measuring 8 1/2 by 11 inches, with margins of no less than one inch. Originals shall be printed or typewritten. Unless printed, the impression shall be on one side of the paper only and lines shall be double-spaced.

(7) Any document filed with DOAH by a party represented by an attorney shall be filed by electronic means through DOAH’s website in compliance with Section 120.52(5), F.S. Any document filed with DOAH by a party not represented by an attorney shall, whenever possible, be filed by electronic means through the division’s website.

(8) The filing date for an electronically-transmitted document is the date DOAH receives the complete document.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 120.52(5), 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.004, Amended 6-27-00, 9-14-21.

Fla. Admin. Code R. 60Q-3.005 Initiation of Arbitration Proceedings

(1) All parties agreeing to arbitration shall execute and file with the Office of the Clerk a request for arbitration substantially in the following form:

“We hereby agree to submit to arbitration under Sections 766.201-.212, F.S., and Chapter 60Q-3, F.A.C., the determination of the amount of damages arising from the following medical incident: (Describe the medical incident briefly, specifying dates and the categories of damages sought).

We further agree that the determination of the amount of damages be submitted to a three-member panel constituted or reconstituted in accordance with Sections 766.201-.212, F.S., and Chapter 60Q-3, F.A.C.

We further agree that we will faithfully observe this agreement, that we will abide by and fulfill any award rendered by an arbitration panel, and that a judgment of a court having jurisdiction may be entered on the award, provided only that the liability of any insurer shall be subject to applicable insurance policy limits.”

(2) The request for arbitration shall contain the name and address of each party joining in the request and shall also state the name and address of each party who, although not joining in the request, was named in a notice of intent to initiate litigation served in connection with the controversy.

(3) No filing fee is required in order to initiate arbitration.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.005, Amended 6-27-00.

Fla. Admin. Code R. 60Q-3.006 Stipulations to Terminate Assessment Arbitration

At any time before entry of an arbitration award, all parties may agree to terminate the arbitration proceedings due to a settlement.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.006, Amended 6-27-00.

Fla. Admin. Code R. 60Q-3.007 Assessment Arbitration Panels

(1) When the Director of DOAH determines that an offer to arbitrate has been made and accepted in substantial conformity with Rule 60Q-3.005, F.A.C., the Director shall appoint an Administrative Law Judge as chief arbitrator of the assessment arbitration panel.

(2) The chief arbitrator shall execute a certificate, as follows: “I hereby certify that to the best of my knowledge and as far as I have been able with reasonable diligence to discover, I am and shall remain, for the pendency of these proceedings, independent of all parties, witnesses, and legal counsel, and that I am not and shall not become, during the pendency of these proceedings, an officer, director, shareholder, or employee of any party, its affiliate or subsidiary, or of any witness or legal counsel involved in this arbitration.”

(3) Within 20 days of the order appointing the chief arbitrator, the parties shall select arbitrators and alternates by filing their names, addresses and telephone numbers, along with certificates in the form set out in this rule, executed by the arbitrators and alternates named. The claimant or claimants shall select an arbitrator and up to two alternates, and the defendant or defendants shall select a different arbitrator and up to two alternates. Each party must submit at least one alternate.

(4) In the absence of agreement among multiple defendants or multiple claimants, each party unable to reach agreement may nominate an arbitrator by filing the nominee’s name, address and telephone number, along with a certificate in the form set out in this rule, executed by the nominee, within 20 days of the order appointing the chief arbitrator.

(5) On motion filed within 20 days of the order appointing the chief arbitrator, the chief arbitrator may, for good cause shown, extend the time for nomination of arbitrators up to 40 days from the day on which the chief arbitrator was appointed.

(6) When the parties have selected arbitrators in conformity with this rule, the Director shall enter an order confirming the selection.

(7) If a party entitled to select an arbitrator fails to do so and does not demonstrate good cause for failing to timely submit arbitrators for confirmation, the Director may select an additional arbitrator from the alternates submitted by any other party.

(8) If the chief arbitrator resigns or is otherwise unavailable to participate in assessment arbitration, the Director shall appoint another Administrative Law Judge as chief arbitrator.

(9) If an arbitrator other than the chief arbitrator resigns or is otherwise unavailable to participate at the time and place established for the assessment arbitration hearing, the Director shall appoint as a replacement an alternate designated in conformity with this rule by the party or parties entitled to select, unless none so designated is available.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Amended 5-7-90, Formerly 22I-7.007, Amended 6-27-00, 9-14-21.

Fla. Admin. Code R. 60Q-3.008 Ex Parte Communications

(1) No party or other person directly or indirectly interested in an arbitration proceeding nor anyone authorized to act on behalf of a party or other interested person shall communicate ex parte with an arbitrator or nominee relative to the merits of the arbitration proceeding, threaten an arbitrator or nominee, or offer an arbitrator or nominee any reward.

(2) An arbitrator or nominee who becomes aware of a violation of this rule shall recite the circumstances in a memorandum, attaching any offending written communication, and file the memorandum as promptly as circumstances permit, simultaneously serving all parties and other arbitrators.

(3) The chief arbitrator may order any reasonable sanctions for violation of this rule, including an award of costs and fees occasioned by the violation, and forfeiture of an arbitrator’s compensation. The Director may, after notice and an opportunity for a hearing, remove an arbitrator for failure to comply with this rule.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.008, Amended 6-27-00.

Fla. Admin. Code R. 60Q-3.009 Disqualification of Arbitrators

(1) Unless good cause is shown, motions for disqualification of arbitrators shall be filed within 15 days from the appointment of that arbitrator. At least one affidavit shall accompany the motion and state particular grounds. A motion to disqualify the chief arbitrator shall be limited to those grounds for which a judge may be disqualified. Any party filing a motion for disqualification shall state all grounds for disqualification in one motion, if known to, or discoverable with reasonable diligence by, the movant.

(2) Unless denied by the chief arbitrator as untimely, or as being a successive motion the motion shall be ruled on by the Director, whose sole function shall be to determine the legal sufficiency of the motion and affidavit. The Director shall, for purposes of the motion, take as true all allegations of fact in the affidavit, unless the movant has previously sought disqualification of an arbitrator in the same case.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.009, Amended 6-27-00, 9-14-21.

Fla. Admin. Code R. 60Q-3.011 Discovery

(1) Parties may obtain discovery as provided in Rules 1.280 through 1.400, Florida Rules of Civil Procedure, provided that no party may serve any written interrogatories, requests for production or inspection, requests for admissions or requests for physical or mental examinations later than 50 days before the assessment arbitration hearing, or after such other date as the chief arbitrator may order.

(2) Motions to compel discovery shall contain a statement certifying that the movant has conferred with the opposing parties in a good faith effort to resolve by agreement each issue raised and that they have been unable to do so. Motions to compel discovery shall quote verbatim each interrogatory, request for admission, request for production or inspection, or request for physical or mental examination, and the response thereto, followed by a statement of the grounds for the motion. Grounds shall be addressed to the specific interrogatory or request and may not be stated generally.

(3) All depositions of assessment arbitration witnesses and all physical or mental examinations must be completed no later than 20 days before the assessment arbitration proceeding, unless the chief arbitrator sets a different time.

(4) Sanctions to enforce discovery include those provided by the Florida Rules of Civil Procedure, except contempt.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.011, Amended 6-27-00.

Fla. Admin. Code R. 60Q-3.0111 Motions

(1) All requests for relief shall be by motion. Written motions will normally be disposed of on the basis of the motion, together with any memoranda in support or in opposition, following the expiration of a seven-day response period. If the subject matter of the motion requires an earlier ruling, or if the chief arbitrator determines that oral argument is required, the movant shall arrange a motion hearing, which may be by telephonic conference call.

(2) Motions shall include a statement that the movant has conferred with all other parties of record and shall state as to each party whether the party has any objection to the motion. Any statement that the movant was unable to contact the other party or parties before filing the motion must provide information regarding the date(s) and method(s) by which contact was attempted.

(3) Oral argument on motions is not a matter of right, but may be allowed by the chief arbitrator if requested by the movant at the time the motion is filed, or by any other party within seven days of the filing of the motion, or if the chief arbitrator determines that oral argument is required to resolve the issue(s) raised in the motion.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201 -766.212 FS. History–New 6-27-00, Amended 9-14-21.

Fla. Admin. Code R. 60Q-3.012 Subpoenas

(1) The chief arbitrator shall issue subpoenas on forms supplied by DOAH through the eALJ portal. Subpoenas shall issue in blank except for the style of the case, the case number, the name, address and telephone number of the attorney or party requesting the subpoena, and the chief arbitrator’s signature, which may be by facsimile signature.

(2) Any party or any person on whom a subpoena is served or to whom a subpoena is directed, may file a motion to quash or for protective order with the chief arbitrator.

(3) A subpoena may be served by any person authorized by law to serve process or by any person who is not a party and who is of majority age. Service shall be made in the manner provided by law for service of subpoenas issued by courts. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so.

(4) Witness fees shall be paid by the party at whose instance the witness is summoned. Witness fees shall be tendered at the time of service of a subpoena. The fees allowed shall be the same as those allowed by the circuit courts of Florida. This rule does not limit the fees of expert witnesses.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.012, Amended 6-27-00, 9-14-21.

Fla. Admin. Code R. 60Q-3.013 Case Management

Except as to matters Sections 766.201-.212, F.S., specifically require arbitration panels or the Director to decide, the chief arbitrator may issue any orders necessary to effectuate discovery, to prevent delay, and to promote the just, speedy and inexpensive determination of all aspects of the case.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.013, Amended 6-27-00.

Fla. Admin. Code R. 60Q-3.016 Recordation

The defendant shall arrange for and bear the expense of a court reporter’s appearance at the assessment arbitration and any allocation arbitration hearings and recordation of the proceeding.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.016, Amended 6-27-00.

Fla. Admin. Code R. 60Q-3.017 Venue

Unless all parties otherwise agree, when an arbitration is conducted live, the arbitration shall take place in the county in which the medical incident occurred or in which a defendant who lives in Florida resides.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.017, Amended 6-27-00, 9-14-21.

Fla. Admin. Code R. 60Q-3.018 Notice of Assessment Arbitration

(1) After the panel has been confirmed, the chief arbitrator shall set a time and place for assessment arbitration and give the parties at least 90 days’ notice, unless prior proceedings resulted in misarbitration. The notice shall state the time, place and nature of the hearing and refer to Sections 766.201-.212, F.S., and Chapter 60Q-3, F.A.C.

(2) In the event a motion for continuance is granted, the chief arbitrator shall issue a new notice of hearing, but need not give 90 days’ notice of the rescheduled date, time, and place.

(3) In the event prior proceedings resulted in misarbitration, the chief arbitrator shall set a time and place for arbitration and give the parties at least 15 days’ notice.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.018, Amended 6-27-00, 9-14-21.

Fla. Admin. Code R. 60Q-3.019 Continuances

(1) The chief arbitrator may grant a continuance for good cause shown. Except in cases of emergency, all requests for postponement of an arbitration hearing shall be made by motion for continuance filed at least 10 days prior to the scheduled commencement of the arbitration hearing.

(2) Upon stipulation of all parties, the chief arbitrator may grant a continuance at any time.

(3) No allocation arbitration hearing shall be continued to a time more than 65 days beyond the date of an arbitration award, or of the filing of the parties’ agreement to terminate assessment arbitration, unless all claimants agree in writing.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.019, Amended 6-27-00, 9-14-21.

Fla. Admin. Code R. 60Q-3.022 Assessment Arbitration Pre-Hearing Requirements

(1) Mediation is encouraged but not required for arbitration. Should the parties choose to mediate, mediation shall be conducted at least ten days prior to the date that the arbitration hearing is scheduled to commence.

(2) The parties shall notify the chief arbitrator of the results of any mediation no later than three days after the mediation is concluded, or, in any event, not less than five days prior to the commencement of the arbitration.

(3) All potential witnesses’ names and addresses must be disclosed to all other parties and filed with the Division at least 45 days prior to the arbitration hearing or 45 days before any re-scheduled arbitration hearing.

(4) All exhibits intended to be introduced into evidence must be exchanged no later than 20 days prior to the scheduled arbitration hearing.

(5) No later than 15 days before the assessment arbitration hearing, or by such other time as the chief arbitrator orders, the parties shall file a pre-hearing stipulation, which shall contain:

(a) A brief general statement of each party’s position, including a statement regarding the categories of damages at issue, and any damages that have been stipulated;

(b) A list of all exhibits to be offered at the hearing, noting any objections thereto, and the grounds for each objection;

(c) A list of the names and addresses of all witnesses intended to be called at the hearing by each party. Expert witnesses shall be designated;

(d) A concise, but detailed statement of those facts which are admitted and will require no proof at hearing, together with any reservations directed to such admissions;

(e) A concise statement of those issues of law on which there is agreement;

(f) A concise statement of those issues of fact which remain to be litigated;

(g) A concise statement of those issues of law which remain for determination;

(h) A concise statement of any disagreement as to the application of the rules of evidence;

(i) A statement of whether the parties have agreed to the arbitrators’ fee, and if so, the amount of the fee;

(j) An estimate of the length of time the hearing will require;

(k) A list of all motions or other matters which require action by the chief arbitrator; and

(l) The signature of counsel for all parties represented by counsel and of all parties not represented by counsel.

(6) No later than 10 days before the assessment arbitration hearing, the parties, or their attorneys, shall meet to discuss the possibility of amicable resolution of the proceeding.

(7) All proposed exhibits must be provided to the arbitrators simulataneously, at the time ordered by the chief arbitrator. In the event that the exhibits are to be delivered in advance for hearings conducted remotely, the parties shall file a Notice of Filing indicating when the proposed exhibits were provided.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.022, Amended 6-27-00, 9-14-21.

Fla. Admin. Code R. 60Q-3.024 Arbitration Award

(1) Unless a majority the assessment arbitration panel decides to defer entry of the arbitration award, the arbitration award shall be announced on the record after the conclusion of the evidence.

(2) The chief arbitrator shall sign the arbitration award within 10 days from the conclusion of the evidence. For purposes of computing time, an arbitration award is made on the day it is filed with the Office of the Clerk.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.024, Amended 6-27-00, 9-14-21.

Fla. Admin. Code R. 60Q-3.025 Assessment Misarbitration

(1) If no two members of the assessment arbitration panel can agree on an arbitration award, the chief arbitrator shall enter an order of misarbitration.

(2) Within 20 days of an order of misarbitration, the parties shall nominate at least three but no more than five arbitrators other than an arbitrator from the proceeding which resulted in misarbitration by filing the nominees’ names, addresses and telephone numbers, along with certificates, in the form set out in subsection 60Q-3.007(2), F.A.C. The Director shall appoint two nominees as arbitrators, provided that if more than one party complies with this section within 20 days of an order of misarbitration, the Director shall appoint arbitrators nominated by different parties.

(3) At any assessment arbitration hearing following misarbitration, no party may offer exhibits or call witnesses not offered or called at the assessment arbitration hearing preceding misarbitration, provided that the transcript of testimony given at a prior assessment arbitration hearing by a witness who is unavailable at a later hearing may be offered as an exhibit.

History

Rulemaking Authority 766.207(9) ,(10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.025, Amended 6-27-00.

Fla. Admin. Code R. 60Q-3.026 Initiation of Allocation Arbitration Proceedings

(1) Where more than one defendant has participated in an assessment arbitration proceeding, any defendant against whom an arbitration award has been made may initiate allocation arbitration proceedings by filing a demand for allocation with the Office of the Clerk within 20 days of the arbitration award, or of the filing of the parties’ agreement to terminate assessment arbitration, and simultaneously serving copies of the demand on all other defendants in the assessment arbitration proceeding.

(2) A demand for allocation shall specify in detail every act or omission on account of which any defendant named in the notice of intent to initiate litigation should be held responsible for the damages assessed in the arbitration award. Nomination of arbitrators shall accompany the demand for allocation.

(3) Any arbitrating defendant upon whom a demand for allocation is served shall file an answer admitting or denying every allegation made in the demand within 10 days of service of the demand; and may, at the same time, serve a cross-demand for allocation specifying in detail any other acts or omissions on account of which any defendant named in the notice of intent to initiate litigation should be held responsible for the damages assessed in the arbitration proceeding.

(4) Any arbitrating defendant upon whom a cross-demand for allocation is served shall file an answer admitting or denying every allegation made in the cross-demand within 10 days of service of the cross-demand.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.026, Amended 6-27-00.

Fla. Admin. Code R. 60Q-3.027 Motions and Stipulations to Terminate Allocation Arbitration

At any time before an order allocating financial responsibility is entered, all arbitrating defendants may agree to entry of a stipulated statement allocating financial responsibility, which, when signed by all arbitrating defendants and filed, shall have the same effect as an order allocating financial responsibility.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.027, Amended 6-27-00.

Fla. Admin. Code R. 60Q-3.028 Allocation Arbitration Panels

(1) If all arbitrating defendants agree in writing, they may, within 20 days of the arbitration award, select two arbitrators, and up to four alternates, by filing their names, addresses and telephone numbers, along with certificates in accordance with Rule 60Q-3.007, F.A.C., executed by each nominee. At least one arbitrator so selected shall be a medical practitioner and so designated. The other arbitrator and all alternates shall be either medical practitioners or, if a hospital licensed pursuant to Chapter 395, F.S., is involved, certified hospital risk managers, and each shall be so designated.

(2) Unless all arbitrating defendants agree on two arbitrators, the party filing the initial demand for allocation shall simultaneously nominate at least one, but no more than five, arbitrators, by filing their names, addresses and telephone numbers, along with the required certificates executed by each nominee.

(3) Each arbitrating defendant, other than the defendant who files the initial demand for allocation, shall, within 10 days of receipt of the initial demand for allocation, nominate up to five arbitrators, by filing their names, addresses and telephone numbers, along with the required certificates executed by each nominee.

(4) Should any defendant fail or refuse to timely nominate arbitrators, the director shall select the arbitrators other than the chief arbitrator from the lists submitted by the other defendants.

(5) When the defendants have selected arbitrators in conformity with this rule, the director shall enter an order confirming the selection.

(6) If the chief arbitrator resigns or is otherwise unavailable to participate in allocation arbitration, the Director shall appoint another Administrative Law Judge chief arbitrator.

(7) If an arbitrator other than the chief arbitrator resigns or is otherwise unavailable to participate at the time and place established, the Director shall appoint an alternate or nominee designated in conformity with this rule.

History

Rulemaking Authority 766.207(9),(10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.028, Amended 6-27-00.

Fla. Admin. Code R. 60Q-3.029 Notice of Allocation Arbitration

(1) The chief arbitrator shall set the time and place for allocation arbitration and give the parties at least 30 days’ notice.

(2) In the event a motion for continuance is granted, the chief arbitrator shall issue a new notice of hearing, but need not give 30 days’ notice of the rescheduled date, time, and place.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.029, Amended 6-27-00, 9-14-21.

Fla. Admin. Code R. 60Q-3.031 Allocation Arbitration Pre-Hearing Requirements

(1) No later than 10 days before the allocation arbitration hearing, or by such other time as the chief arbitrator orders, the arbitrating defendants shall file a pre-hearing stipulation, which shall contain:

(a) A brief general statement of each party’s position;

(b) A list of all exhibits to be offered at the hearing, noting any objections thereto, and the grounds for each objection;

(c) A list of the names and addresses of all witnesses to be called at the hearing by each party. Expert witnesses shall be designated;

(d) A concise, but detailed statement of those facts which are admitted and will require no proof at hearing, together with any reservations directed to such admissions;

(e) A concise statement of those issues of law on which there is agreement;

(f) A concise statement of those issues of fact which remain to be litigated;

(g) A concise statement of those issues of law which remain for determination;

(h) A concise statement of any disagreement as to the application of the rules of evidence;

(i) An estimate of the length of time the hearing will require;

(j) A statement of whether the parties have agreed to the arbitrators’ fee, and if so, the amount of the fee;

(k) A list of all motions or other matters which require action by the chief arbitrator; and

(l) The signature of counsel for all parties represented by counsel and of all parties not represented by counsel.

(2) No later than 5 days before the allocation arbitration hearing, the parties, or their attorneys, shall meet to discuss the possibility of amicable resolution of the proceeding.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.031, Amended 6-27-00, 9-14-21.

Fla. Admin. Code R. 60Q-3.032 Allocation of Financial Responsibility

(1) Unless a majority of the allocation arbitration panel decides to defer entry of the order allocating financial responsibility, the order shall be announced on the record after the conclusion of the evidence.

(2) The order allocating financial responsibility shall list all defendants named in the notice of intent to initiate litigation. As to each, the order shall specify a percentage representing the share of responsibility each bears for the claimant’s injuries. In addition, the order shall apportion responsibility for the arbitration award among the arbitrating defendants.

(3) The chief arbitrator shall sign the order allocating financial responsibility within 10 days from the conclusion of the evidence. When the order is filed with the Office of the Clerk, the allocation arbitration is concluded.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.032, Amended 6-27-00, 9-14-21.

Fla. Admin. Code R. 60Q-3.035 Sanctions

The chief arbitrator may impose reasonable sanctions for violations of these rules, or of any order entered by the Director or the chief arbitrator.

History

Rulemaking Authority 766.207(9), (10) FS. Law Implemented 766.201-.212 FS. History–New 9-6-88, Formerly 22I-7.035, Amended 6-27-00.

Chapter 60Q-6 RULES OF PROCEDURE FOR WORKERS' COMPENSATION ADJUDICATIONS

Fla. Admin. Code R. 60Q-6.101 Scope

These rules of procedure apply in all workers’ compensation proceedings before the judges of compensation claims.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06.

Fla. Admin. Code R. 60Q-6.102 Definitions

(1) “Claim” means each assertion of a legal right or benefit under Chapter 440, F.S.

(2) “Claimant” means the person asserting a claim.

(3) “Division” means the Division of Workers’ Compensation, Department of Financial Services.

(4) “Office of the Judges of Compensation Claims” (OJCC) means the office within the Department of Management Services, Division of Administrative Hearings, where the Deputy Chief Judge and judges of compensation claims preside.

(5) “Electronic filing” (efiling) means uploaded to the appropriate case docket using the electronic judges of compensation claims’ e-filing system (e-JCC) accessed through a link on the OJCC website at www.jcc.state.fl.us.

(6) “Electronic signature” means that a graphic version of the e-JCC user’s signature or “s/” followed by the e-JCC user’s typewritten name is deemed to be the legal equivalent of the e-JCC user’s handwritten signature.

(7) “Filed” means received by the clerk of the OJCC in Tallahassee.

(8) “Judge” means a judge of compensation claims appointed pursuant to Chapter 440, F.S.

(9) “Parties” may include the petitioner, claimant, employer, carrier, servicing agent, health care provider, and division.

(10) “Petition for benefits” means a pleading invoking the jurisdiction of the OJCC and subject to the requirements of Sections 440.192(1) through (4), F.S.

(11) “Pleading” means a petition for benefits or an amended petition, a motion, a response to a petition or a motion, a voluntary dismissal, a voluntary agreement to provide benefits, a pretrial stipulation, a stipulation changing the issues pending in a case, or a notice.

(12) “Personally conferred” means communications in person, by telephone, email, text messaging, or some other communication mechanism that permits an immediate, contemporaneous response.

(13) “Venue” means the geographic district where the parties would gather for a non-virtual hearing or mediation.

(14) “Verified” is defined in accordance with Section 92.525, F.S.

(15) “Virtual” means any real-time interaction through a video and/or audio system.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.192(1), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14, 2-14-22, 3-15-23.

Fla. Admin. Code R. 60Q-6.103 Pleadings and Proposed Orders

(1) Pleadings. All documents filed with the OJCC shall:

(a) Be typewritten or printed on 81/2" by 11" white paper, unless electronically filed;

(b) Be unstapled;

(c) Contain the signature, or the electronic signature if filed electronically, of the party in interest or, if represented, the party’s attorney of record;

(d) Contain the style of the proceeding; the case number, if any; the date of accident; the party on whose behalf the document is filed; the subject matter of the document; and the name, mailing address, email address, and telephone number of the party or, if represented, the party’s attorney of record (including the attorney’s Florida Bar number) filing the document;

(e) Contain a certificate of service representing that copies have been served on all parties or, if represented, their attorneys of record. The certificate shall be dated and include the name, address, and method of service used as to each party and/or attorney served; and

(f) Not be accompanied by separate cover letter or correspondence.

(2) Exempt information. Except for the employee’s social security number or equivalent on petitions for benefits and responses thereto, no pleading shall contain information exempt from public records disclosure. Exempt information shall be supplied in connection with a pleading only to the extent it is necessary for the judge’s determination of disputed matters or required by Florida Statutes and shall be appended to a pleading in a separate document conspicuously marked “Exempt Information.”

(3) All pleadings filed in paper form shall contain in the bottom 1 1/2 inches of each page only the following: “OJCC Case #” followed by the case number and “page #” followed by the page number.

(4) Proposed Orders. Except as provided in subsection 60Q-6.115(3), F.A.C., proposed orders shall not be submitted unless requested by the judge. They shall be clearly indexed in the docket as “proposed orders” and shall be sent to all other parties or, if represented, their attorneys of record prior to being submitted to the judge. Proposed orders shall be a separate document and not be included as a part of a motion.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.192(1), (2)(a), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14.

Fla. Admin. Code R. 60Q-6.104 Representation and Appearance of Counsel

(1) Appearance of Counsel. An attorney who files a petition or claim on behalf of a party has entered an appearance and shall be deemed the party’s attorney of record. All other attorneys appearing for a party in an existing case shall file promptly with the judge a notice of appearance and serve copies on all other parties or, if represented, the parties’ attorneys of record. The notice of appearance shall include the style of the proceeding; the case number; the name of the party on whose behalf the attorney is appearing; and the name, mailing address, e-mail address, telephone number, and Florida Bar number of the attorney. Attorneys shall keep their e-JCC profile current by logging into e-JCC and updating their mailing addresses, e-mail addresses, and telephone numbers when such information changes.

(2) Substitution or Withdrawal of Counsel. During the pendency of any issues before the judge, an attorney of record remains the attorney of record until:

(a) A stipulation for substitution has been filed with the judge and served on all other parties or, if represented, their attorneys of record; or

(b) A motion to substitute or to withdraw, which reflects that it has been served on the client and all other parties or, if represented, their attorneys of record, is granted.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12.

Fla. Admin. Code R. 60Q-6.105 Commencing a Case; Subsequent Petitions

(1) An employee or claimant seeking an award of benefits commences a new case by filing a petition for benefits pursuant to Section 440.192, F.S., when there is not an existing case pertaining to the same employee and date of accident.

(2) When the employee and date of accident are the same as in an existing case, any subsequent petition for benefits or claim relating to that employee and date of accident shall be filed in the existing case.

(3) For any claim or dispute within the jurisdiction of the OJCC but not subject to a petition for benefits, the claimant or moving party shall file with the clerk of the OJCC a request for assignment of case number.

(4) A claim for reimbursement from the Special Disability Trust Fund shall be made under the administrative rules promulgated by the division.

(5) Where a party is represented, a petition for benefits shall be served on counsel for the party in addition to any service otherwise required by this rule.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.192, 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 11-10-14, 2-14-22.

Fla. Admin. Code R. 60Q-6.106 Consolidation and Venue

(1) The judge, on the judge’s own initiative or on the motion of any party, may consolidate any claims or petitions pending before the judge for the purpose of a hearing or for any other purpose, except for a claim for reimbursement from the Special Disability Trust Fund.

(2) Any motion to consolidate cases shall be filed in only the lowest-numbered case sought to be consolidated and shall be resolved by the judge to whom that case is assigned. Any consolidation of two or more cases shall thereafter be designated as consolidated under the lowest case number of those consolidated, unless another number is ordered by the assigned judge, and shall be assigned to the judge then assigned to that lowest case number.

(3) Proceedings in any venue may be conducted virtually, in the discretion of the assigned judge.

(4) A motion to change venue shall be filed with the judge and shall contain the signature of the moving party, or, if represented, the party’s attorney of record.

(5) When a judge assigned to a case determines that the case is proceeding in an improper venue, the judge may transfer the case to the proper venue, and the Deputy Chief Judge, upon request by that judge, shall reassign to a judge in the district where venue is proper. Alternatively, the assigned judge transferring the case may retain jurisdiction and conduct proceedings virtually or live in the proper venue.

(6) For accidents occurring outside of the state, the Deputy Chief Judge’s initial determination of venue may be changed by order of the assigned judge.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(4)(d), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14, 3-15-23.

Fla. Admin. Code R. 60Q-6.107 Amendment and Dismissal of Petition for Benefits

(1) A petition that does not contain the information required by Sections 440.192(2) through (4), F.S., shall be dismissed.

(2) A petition or request for assignment of case number may only be amended by written stipulation of the parties or by order of the judge. Changes of addresses, email addresses, or phone numbers of parties can be accomplished by filing a notice of change in a particular case or changing registration information pursuant to subsection 60Q-6.108(11), F.A.C. Changes of address, e-mail address, or phone numbers of attorneys shall be made by the attorney in their individual OJCC efiling profile.

(3) An amendment only modifying a company name may be accomplished by a stipulation or motion. An amendment as to party identity must be by motion and order.

(4) Prior to dismissing any petition for failure to prosecute, the judge shall issue an order to show cause and allow 10 days for a response to the order.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.192, 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14, 2-14-22.

Fla. Admin. Code R. 60Q-6.108 Filing and Service

(1) Filing.

(a) All documents filed with the OJCC, except documents filed by parties who are not represented by an attorney, shall be filed by electronic means through the OJCC website. Any document filed in paper form by U.S. mail, facsimile, or delivery shall be filed only with the OJCC clerk in Tallahassee. Documents shall be filed by only one method, e-filing, facsimile, or U.S. mail, and shall not be filed multiple times. Duplicate filings will not be docketed and will be destroyed.

(b) Any pleading or other paper filed in a proceeding shall be served on all other parties or, if represented, their attorneys of record at the time the document is filed. Petitions for benefits shall be served on the parties as provided in Section 440.192(1), F.S., and copies of the petitions shall be served on counsel for the opposing parties, if known, at the time the petition is filed as provided in this rule. Service made by a represented party’s attorney to another represented party’s attorney shall be by electronic mail, facsimile, or U.S. mail. The use of electronic mail by parties or attorneys is approved only when the serving party or attorney uses the opposing party’s or attorney’s email address that the opposing party or attorney, or their designated representative has registered with the OJCC, as listed in e-JCC absent good cause. If an attorney has not registered their electronic mail address with the OJCC, documents may be served on that attorney at the e-mail address on record with The Florida Bar. Service by or to an unrepresented party shall be by electronic mail, if available, or by U.S. mail or facsimile. Electronic mail sent by the OJCC on behalf of the serving party through the e-JCC program shall be the only approved alternative to certified U.S. mail for service of petitions for benefits and responses to petitions for benefits. When a represented party e-files a pleading or other paper with the OJCC, that party must serve the other party or parties, or their designated representative, with a copy of that pleading or paper simultaneously by electronic mail, if available. In the event a represented party files a pleading or other paper with the OJCC by electronic means, that party shall be required to serve the other party or parties, or their designated representative, with a copy of that pleading or paper simultaneously by electronic means, if available.

(c) The following documents shall not be filed with the OJCC unless relevant to an issue to be heard and not more than 10 days but at least two days before the scheduled hearing: requests or notices to produce and objections or responses thereto, deposition transcripts, correspondence between counsel or parties, correspondence to the judge or the judge’s staff, subpoenas and returns of service.

(d) Except for filing using e-JCC, electronic mail or facsimile of documents to the judge shall be used only when the judge authorizes such use for that document; otherwise, the document will not be considered.

(e) Any document, whether filed by electronic or other means, received by the OJCC after midnight Eastern Time shall be deemed filed as of 8:00 a.m. on the next regular business day.

(f) Any attorney, party, or other person who electronically files any document shall be responsible for any delay, disruption, interruption of the electronic signals, and readability of the document, and accepts the full risk that the document may not be properly filed as a result.

(g) If the employer/carrier/servicing agent is not represented by counsel, no prior petition for benefits has been filed, and the e-mail address for the claims representative of the carrier/servicing agent is unknown, the good faith effort contemplated by Section 440.192(4), F.S., may be effectuated by service of a written request for benefits sent to the e-mail address of the carrier registered with the OJCC and to the employer.

(h) Any document filed electronically shall be uploaded individually, except that exhibits, supporting documents, and proposed orders for any motion may be filed along with the motion. In naming uploaded motions, counsel shall specifically identify the type of motion by naming the relief sought. In naming depositions filed electronically, counsel shall include the deponent’s name and the date of the deposition. If an uploaded document is specifically intended as a hearing exhibit at the time of filing, the name shall also include “proposed hearing exhibit” and the date of the scheduled hearing. All uploaded documents shall include sufficient specificity in naming to allow identification of the document from the docket remark.

(i) If a document is filed in error using e-JCC, the filing party shall file the document in the correct case docket and separately file a notice of the error in the case that contains the erroneously-filed document.

(j) The clerk of the OJCC shall, upon order of the assigned judge, place a document under seal and render it thereby viewable only upon further order of the assigned judge.

(2) Service. Service is effectuated by:

(a) Handing the document to the party or, if represented, the party’s attorney of record;

(b) Leaving the document at the attorney’s office with a clerk or other person in charge or leaving it in a conspicuous place in the office;

(c) If the office is closed or the person to be served has no office, leaving the document at the person’s residence with a member of the person’s family above 15 years of age and informing that person of the contents;

(d) Placing the document in the U.S. mail, except when the original pleading or paper was filed with the OJCC by electronic means, in which case simultaneous electronic service on the other party or parties must be made, as referenced in paragraph (1)(b), above; or

(e) Transmitting the document by facsimile or electronic mail. Service by electronic mail on a party or attorney is only effective if the serving party or attorney uses the opposing party’s or attorney’s e-mail address registered with the OJCC, as listed in e-JCC. Service of a petition for benefits or response to a petition for benefits sent by electronic mail shall be effectuated, and deemed received by the opposing party at the same time that service is effectuated, upon electronic mailing if sent by the OJCC on behalf of the serving party through the e-JCC program to the registered e-mail address of the opposing party as listed in e-JCC.

(f) All documents served by e-mail must be attached to an e-mail message containing the subject line beginning with the words “SERVICE OF OJCC DOCUMENT” in all capital letters followed by the name of the injured worker, employer, and OJCC number, if any.

(3) Service by facsimile or electronic mail after midnight Eastern Time shall be deemed to have been made on the next day that is not a Saturday, Sunday, or legal holiday.

(4) Service by delivery after the clerk’s office in Tallahassee is scheduled to close at 5:00 p.m. (Eastern Time) shall be deemed to have been made on the next day that is not a Saturday, Sunday, or legal holiday.

(5) When service is made by U.S. mail, the copy shall be mailed postage prepaid, to the last known address of the party or, if represented, the party’s attorney of record.

(6) Service by U.S. mail shall be complete upon mailing.

(7) When service of any pleading other than a petition is made by U.S. mail, five days shall be added after the period allowed for the performance of any act required to be done, or allowed to be done, within a certain time after service. When service is made by any electronic delivery method or by hand delivery, no additional time shall be added.

(8) All orders shall be electronically filed with the OJCC in Tallahassee on the same day that the order is transmitted to the parties by electronic mail or U.S. mail.

(9) All attorneys filing documents in workers’ compensation proceedings before the OJCC shall register to use the e-JCC electronic filing system. Each such attorney shall register an email address and thereby consent to receive documents from other counsel and the OJCC at that address. Each attorney shall be responsible for amending that email address as necessary for it to remain current.

(10) Only attorneys, mediators, adjusters, and parties are permitted to register with the e-JCC system.

(11) The OJCC will maintain a list of all e-JCC registrants and their e-mail addresses.

(12) All employers, self-insurers, third-party administrators, and carriers shall register a single, general delivery, email address with the OJCC for receipt of all electronically served documents, including petitions for benefits. All employers, self-insurers, third-party administrators, and carriers shall register a single, general delivery U.S. Mail address and a single telephone number with the OJCC. The e-JCC system will maintain a list of all registered companies, and their e-mail addresses. Each such self-insurer, third-party administrator, and carrier shall be responsible for amending name, email address, physical address, and telephone number as necessary for it to remain current. Original registrations and amendments to information shall be submitted by company representative via e-mail.

(13) Any other party may register an e-mail address with the OJCC.

(14) The OJCC will maintain a list of all registered parties and counsel and their respective e-mail addresses.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.192, 440.25(1), (4)(a), (4)(c), (4)(e), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14, 2-14-22.

Fla. Admin. Code R. 60Q-6.109 Computation of Time

In computing any period of time prescribed or allowed by these rules, by order, or by applicable statute, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included. If any act required to be done, or allowed to be done, falls on a Saturday, Sunday, or legal holiday, performance of that act shall be required on the next regular working day. When the period of time allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation. As used in this rule, legal holiday means those days designated in Section 110.117, F.S.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.45(1)(a), (4) FS. History–New 2-23-03.

Fla. Admin. Code R. 60Q-6.110 Mediation, Generally

(1) All petitions and claims pending at the time a mediation conference is held are deemed consolidated and shall be mediated at that conference.

(2) Parties who have agreed to private mediation or to re-schedule private mediation shall file with the judge at least 30 days prior to any scheduled mediation a notice substituting private mediation for state mediation or re-scheduling private mediation. If such notice is filed less than 30 days prior, it shall be treated as a motion, and attendance and participation at the scheduled state mediation shall not be excused, absent an order finding good cause to excuse this time requirement. The notice shall include the name of the private mediator, along with the date and time of the private mediation and shall state that the private mediation meets the statutory deadline, unless the deadline is waived by all parties.

(a) The Deputy Chief Judge shall assign a mediator and mediation date for each petition filed. The state mediation conference may be rescheduled, within the 130-day statutory period, upon mutual request of the parties and agreement of the assigned mediator. The parties shall jointly review the mediator’s calendar online to identify potential alternative dates and times before contacting the mediator with a request to reschedule. Any such change in date shall be considered a rescheduling and not a continuance of the mediation. Upon agreement of the parties, and approval by an alternate state mediator, mediation for the case may be transferred to the alternate state mediator provided any pending mediation is held within the 130-day statutory period. Permission of the mediator from whom it is transferred is not necessary. The alternate state mediator shall be responsible for placing the mediation on the alternate state mediator’s calendar.

(b) The state mediation shall not be continued, or transferred by the parties to an alternate state mediator, for a mediation beyond the 130-day statutory period, unless first granted by the judge upon agreement of the parties or upon proper motion demonstrating that the basis for the continuance, or transfer, arises from circumstances beyond the movant’s control or for other good cause shown. The motion shall be filed no later than 30 days before the date of the scheduled state mediation absent an emergency, unless the mediation notice is sent to the parties less than 30 days prior to the noticed mediation.

(c) Any party that moves for, or stipulates to, reassignment to an alternate mediator for the purpose of effectuating a live mediation shall attend that mediation live or the party’s attorney shall attend live. No mediator shall allow telephonic attendance for any lawyer or party that has stipulated or moved for reassignment on the basis of facilitating a live mediation.

(d) Digital signature software may be used to execute mediation documents, including mediation conference reports and settlement agreements.

(e) Parties to a workers’ compensation claim may jointly request voluntary mediation services from the OJCC. Such requests will be considered as individual state mediator calendars permit. Any voluntary mediation will be conducted only if all parties so stipulate. Any voluntary mediation will be governed by these rules. Failure to appear at a voluntary mediation shall not be a basis for the imposition of sanctions.

(3) The parties and private mediator shall be bound by the rules and statutes applicable to state mediation. If a notice and order regarding state mediation has been entered in the cause, the terms and requirements of the notice and order shall remain in full force and effect as to the substituted private mediation.

(4) If the parties resolve all issues, or all issues except for attorney’s fees, prior to the scheduled mediation conference, the attorney or unrepresented claimant who has filed a petition for benefits shall file a pleading in order to cancel the corresponding mediation. The pleading must be filed prior to the scheduled mediation and shall indicate the manner in which each issue was resolved. The preparation and filing of this pleading are not the responsibility of the mediator.

(5) State mediations shall presumptively be conducted virtually on a video platform. The assigned mediator shall appear by video for video mediations. Unless the notice of mediation includes the login or call in information for the mediation, the assigned mediator is responsible for providing that information to all parties or counsel. The assigned mediator may allow telephonic appearance at any video mediation. The following persons shall attend the mediation conference: the claimant; the claims representative of the carrier/servicing agent, which representative must have full authority to resolve all the issues and/or settle the case; the employer, if uninsured; the insured or self-insured employer, if the employer/servicing agent does not have full authority to settle the issues; and the attorneys for the parties. The appearance of an attorney for a party does not dispense with the required video or live attendance of the party. No party shall appear at the mediation conference by telephone, whether mediation is live or virtual, unless such appearance is approved in advance by the mediator. Any party appearing by telephone has stipulated to be bound by that party’s attorney of record’s signature on the mediation report.

(a) The adjuster, if represented by counsel, may attend the live or virtual mediation by phone unless an objection is filed with the mediator on the basis of good cause. The parties may agree, in writing, that any party may appear telephonically. In the absence of such agreement, the mediator shall have discretion to allow any party and/or that party’s attorney of record to appear at the live or virtual mediation conference by telephone, except as provided in paragraph (2)(c). The party requesting an appearance by telephone must furnish a written request to the mediator and the opposing party or, if represented, the party’s attorney of record no fewer than five days prior to the mediation conference. The expense of telephonic attendance shall be borne by the person or party attending by telephone. Each party and attorney attending a virtual mediation is responsible to have adequate computer hardware, signal strength, internet bandwidth, and premises with/from which to attend mediation.

(b) Any person attending mediation virtually shall provide an e-mail address for use in exchanging documents during the mediation. Any mediation, except when the outcome is an impasse, is not concluded until the signed agreement report is returned to the mediator. The signed agreement report shall be returned within 72 hours unless excused by the mediator.

(c) Any party appearing virtually has stipulated to be bound by that party’s attorney of record’s signature on the mediation report. The parties may not object to the enforceability of a mediation agreement on the ground that communication technology was used for participation in the mediation.

(6) Failure to attend the mediation conference without a showing of good cause, or the failure to appear at the mediation conference with full authority to resolve the issues, shall subject the party or the attorney to sanctions.

(7) Immediately following the conclusion of a mediation conference in an open OJCC case, the mediator, whether state, adjunct, or private, shall prepare a mediation agreement report stating which issues or claims in dispute are resolved and which remain unresolved. The mediation agreement report shall identify by filing date each petition mediated. In the case of private mediation, the claimant shall file with the judge within five business days of the mediation conference the mediator’s mediation agreement report. Signatures of the parties on the signed mediation report may be an original, electronic signature by means approved by the Deputy Chief Judge, or facsimile and signatures may be on different copies of the agreement report.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(1)-(4), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14, 2-14-22, 3-15-23.

Fla. Admin. Code R. 60Q-6.111 Authority and Duties of Mediator

(1) Authority of Mediator.

(a) The mediator shall at all times be in control of the mediation and the procedures to be followed, subject to the direction of the judge.

(b) The mediation shall be virtual unless the parties have received approval for a live mediation. Any party seeking a live mediation in a district office may request same from the assigned mediator no later than 30 days before the date of the scheduled state mediation. The mediator’s decision to hold a live mediation may result in reassignment to a different mediator. Any request for non-virtual mediation in a location other than a district office shall be by motion directed to the Deputy Chief Judge.

(d) Upon written request of any mediator, or upon a motion filed in the case and directed to the Deputy Chief Judge, the Deputy Chief Judge may reassign any mediation to accommodate conflict of interest or potential appearance of impropriety.

(2) Duties of Mediator. The mediator shall inform the parties at the beginning of the mediation conference:

(a) Of the process of mediation;

(b) That the mediator is an impartial facilitator and is there to assist the parties in reaching, not to force them to reach, a voluntary settlement;

(d) If applicable, of the costs of the mediation;

(e) That the mediation process is consensual in nature, and the parties retain their right to a final hearing if they do not reach agreement;

(f) Of the privileged and confidential nature of communications made during the mediation;

(g) That any agreement reached at the mediation conference will be by mutual consent of the parties reduced to writing and may be subject to the approval of the presiding judge; and

(h) That the mediator will timely determine when mediation should end.

(3) Disclosure. The mediator has a duty to be impartial and to advise all parties of any circumstances bearing on possible bias, prejudice, or partiality.

(4) Matters Beyond Mediator’s Competence. A mediator shall decline appointment or withdraw when the mediator decides that a matter is beyond the mediator’s competence.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(1)-(4), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 11-10-14, 3-15-23.

Fla. Admin. Code R. 60Q-6.112 Disqualification of Mediator

Any party may, by motion, for good cause shown, request the Deputy Chief Judge to disqualify a mediator. The request must state with particularity the basis for disqualification. Any order disqualifying a mediator shall name a substitute mediator. Nothing in this rule shall preclude mediators from disqualifying themselves or refusing any assignment. A mediator disqualifying herself or himself, or refusing an assignment shall do so informally by electronic mail to the Deputy Chief Judge. Thereupon, the Deputy Chief Judge shall re-assign the case to another mediator.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.45(1)(a), (4) FS. History–New 2-23-03, 2-14-22.

Fla. Admin. Code R. 60Q-6.113 Pretrial Procedure

(1) A judge, on the judge’s own initiative or on the motion of any party, may conduct status conferences or pre-hearing conferences.

(2) The parties or, if represented, their attorneys of record shall confer and complete a written pretrial stipulation. The claimant or claimant’s counsel shall forward the pretrial stipulation to the employer/carrier or their counsel, if represented, no later than 14 calendar days prior to the pretrial hearing. The employer/carrier or their counsel shall complete their portion and return the pretrial stipulation to the claimant or claimant’s counsel, if represented, no later than seven calendar days prior to the pretrial hearing. The judge may excuse any party who has complied with filing their completed and signed portion of the pretrial stipulation from live or telephonic attendance at the pretrial hearing. The judge may cancel the pretrial hearing if the stipulation is timely filed. In pretrial stipulations and at any pretrial hearing, the parties shall:

(a) State the claims, defenses, and the date of filing of each petition for benefits to be adjudicated at the final hearing. Any claims that are ripe, due, and owing, and all available defenses not raised in the pretrial stipulation are waived unless thereafter amended by the judge for good cause shown. Any amendment, supplement, or other filing shall only be accepted if it clarifies the claims and/or defenses pled. Absent an agreement of the parties, in no event shall an amendment or supplement be used to raise a new claim or defense that could or should have been raised when the initial pretrial stipulation was filed, unless permitted by the judge for good cause shown. The failure to diligently seek and obtain discovery, standing alone, does not constitute good cause for failure to timely raise a claim or defense;

(b) State each party’s position regarding the date of accident, jurisdiction over the subject matter and over the parties, the injuries alleged; venue, and timely notice of the pretrial hearing and of the final hearing;

(d) Identify all exhibits, including impeachment and rebuttal exhibits;

(e) Identify the names, addresses, and telephone numbers of all witnesses, including impeachment and rebuttal witnesses, and state whether the witnesses will testify in person, by telephone, or by deposition;

(f) Exchange all available written reports of experts to be offered at trial;

(g) Consider and determine such other matters as may aid in the disposition of the case; and

(h) Any affirmative defense or avoidance, including any defense raised pursuant to Sections 440.09(4)(a) and 440.105, F.S., must be raised with specificity, detailing the conduct giving rise to the defense or avoidance. Objections based upon lack of specificity shall be raised in a separate motion to strike the affirmative defense or avoidance filed within 14 days of the filing of the completed pretrial, or within 14 days of the filing of any amendment to the pretrial stating a new affirmative defense or avoidance. If a motion to strike an affirmative defense or avoidance for lack of specificity is granted, the party asserting the affirmative defense or avoidance may amend the pretrial within 10 days after the order granting the motion to strike. Failure to plead with specificity shall result in the striking of the defense.

(3) If for any reason the written pretrial stipulation is not completed by all parties or their counsel, if represented, as provided in subsection 60Q-6.113(2), F.A.C., each party shall file and serve separate proposed typewritten pretrial statements no later than two business days prior to the pretrial hearing.

(4) Unless good cause is shown, a party’s failure to cooperate in the preparation and filing of their portion of the joint pretrial stipulation shall result in the imposition of appropriate sanctions, including but not limited to the striking of claims and/or defenses.

(5) Where mediation has been waived by the Deputy Chief Judge, the parties shall file a pretrial stipulation that conforms to the requirements of subsection (2).

(6) Witness lists, exhibit lists, supplements, and amendments served, and exhibits exchanged less than 30 days before the final hearing must be approved by the judge or stipulated to by the parties. Any amendments and supplements to the pretrial stipulation must relate to claims and defenses pled in the initial pretrial stipulation. In no event shall an amendment or supplement be used to raise a new claim or defense that could or should have been raised when the initial pretrial stipulation was filed, unless permitted by the judge upon motion for good cause shown. The failure to diligently seek and obtain discovery, standing alone, does not constitute good cause for failure to timely raise a claim or defense.

(7) The judge shall record the pretrial hearing by stenographic or electronic means at the request of any party.

(8) No discovery shall be permitted within 10 calendar days of the final hearing absent prior approval by the judge for good cause shown or by agreement of the parties.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(2)-(4), 440.29(2), 440.33(1), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14, 2-14-22.

Fla. Admin. Code R. 60Q-6.114 Discovery

(1) Any party may commence with discovery methods specifically authorized by statute, including depositions, issuance of subpoenas and requests for production, prior to or after invoking the jurisdiction of the judge.

(2) Depositions.

(a) Depositions of witnesses or parties may be taken and used in the same manner and for the same purposes as provided in the Florida Rules of Civil Procedure.

(b) Approval of the judge is not necessary to take a deposition by telephone. If a deposition is taken by telephone, the oath shall be administered in the physical presence of the witness by a notary public or other person authorized by law to administer oaths, unless the parties stipulate to administration of the oath telephonically.

(3) Production and entry on land. Any party may seek production of documents or other tangible things from other parties or non-parties and may seek entry onto land or other property as provided in the Florida Rules of Civil Procedure. Documents shall be delivered in electronic form if so requested unless the judge determines good cause has been shown to produce paper copies.

(4) Responses and objections to depositions, production, or entry shall be made as provided in the Florida Rules of Civil Procedure.

(5) The judge may enter orders to effectuate discovery, including orders compelling discovery, protective orders, and orders imposing sanctions as provided in the Florida Rules of Civil Procedure for failure to comply with or for using discovery methods not specifically authorized by statute. For good cause shown, the judge may enlarge or shorten applicable timeframes for complying with discovery.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.30, 440.33(1), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14.

Fla. Admin. Code R. 60Q-6.115 Motion Practice

(1) Any request for an order or for other relief shall be by motion and shall have a title describing the relief requested. The judge may treat any request for relief from an unrepresented party as a motion. All motions shall be in writing unless made on the record during a hearing and shall fully state the relief requested and the grounds relied upon. Any document referenced in any motion shall either have been filed prior to the motion or be attached to the motion.

(2) Except for motions to dismiss for lack of prosecution, prior to filing any motion, the movant shall personally confer with the opposing party or parties or, if represented, their attorneys of record to attempt to amicably resolve the subject matter of the motion. All motions shall include a statement that the movant has personally conferred or has used good-faith efforts to confer with all other parties or, if represented, their attorneys of record and shall state whether any party has an objection to the motion. Any motion filed without this certification shall be summarily denied.

(3) A motion which is unopposed shall state why an order is necessary to execute the parties’ agreement and shall be accompanied by a proposed order which has a title describing the action to be taken. The motion and proposed order shall specify the relief being requested or ordered in reasonable detail and not merely by reference to any other document.

(4) If the motion has not been amicably resolved, the movant shall file the motion. When time allows, the other parties may, within 15 days of service of the written motion, file a response in opposition. Written motions may be ruled on by the judge before the expiration of the response period and provide for filing an objection to the order within 10 days of the order, or the judge shall rule after the response is filed or after the response period has expired, based on the motion, together with any supporting or opposing memoranda. The judge may hold hearings on motions in his or her discretion. Any party seeking an evidentiary hearing on a motion shall plainly state so in the title of the motion.

(5) Motions for extension of time shall be filed prior to the expiration of the deadline sought to be extended and shall specifically describe the good cause for the request.

(6) Motions to expedite discovery or the final hearing shall set forth good cause and shall be served by electronic mail, facsimile, hand delivery, or overnight delivery. Any opposition to the motion must be filed within four days from the date the motion is served.

History

Rulemaking Authority 440.25(4)(h), 440.45(1)(a), (4) FS. Law Implemented 440.25(4)(h), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 2-14-22.

Fla. Admin. Code R. 60Q-6.116 Prosecution of Claims and Petitions for Benefits

(1) All parties shall diligently prosecute or defend the claim or petition, including but not limited to timely conducting all necessary discovery. A request for a continuance shall be made by motion, shall specify the reason that the continuance is necessary, and shall demonstrate due diligence by describing the specific actions the moving party has taken to correct the circumstances alleged to be beyond the party’s control.

(2) A claim or petition may be dismissed by the claimant or petitioner without an order by filing, or announcing on the record, a voluntary dismissal at any time before the conclusion of the final hearing. Unless otherwise stated in the notice, the dismissal is without prejudice, except that a second notice of voluntary dismissal shall operate as an adjudication of denial of any claim or petition for benefits previously the subject of a voluntary dismissal.

(3) The judge may conduct any proceedings by telephone conference. Testimony may be taken by telephone with the written agreement of all parties or approval by the judge. In such event, the oath shall be administered in the physical presence of the witness by a notary public or officer authorized to administer oaths, unless the parties stipulate to administration of the oath telephonically by the judge or the judge determines good cause exists for the judge to administer the oath telephonically.

(4) The judge may conduct any proceedings using video teleconference equipment, platforms, or applications approved by the Deputy Chief Judge. In the event that testimony is taken by video teleconference, administration of the oath by the judge during the proceeding is as binding as if the judge and witness were physically present in the same room. A motion for an in-person hearing or mediation, instead of a video teleconference proceeding, may be granted upon a showing of good cause.

(5) Upon proper motion of any party, the judge may enter an order reflecting the terms of any written stipulation or agreement between the parties.

(6) Any attorney or unrepresented claimant who has filed a petition for benefits must file a pleading with the judge in order to cancel the corresponding final hearing. The pleading must be filed prior to the scheduled final hearing and shall indicate the manner in which each issue was resolved. Upon receipt of such cancellation pleading, the judge shall change the status of the affected petition or petitions in the OJCC database. Cases with no currently pending issues scheduled for mediation or hearing shall be reflected in the OJCC database as “inactive.” Upon changing a case status from active to inactive, the OJCC central clerk shall issue an order documenting such status change. In the event such a change to “inactive” is erroneous, the assigned judge may issue an order vacating the prior order and restoring the case to “active.”

(7) No more than 10 days but no less than two business days prior to the final hearing, each party is required to file a brief memorandum consisting of a statement of relevant facts and written argument, which shall include filing dates or docket ID for any evidentiary documents which will be relied upon at trial. All depositions and documentary evidence, including known impeachment and rebuttal evidence a party intends to offer into evidence, shall be filed with the memorandum. Any evidence which is not capable of electronic filing, including but not limited to diagnostic films or audio or audiovisual recordings shall be filed contemporaneously with the memorandum and served on all parties by the same method, U.S. mail, delivery, etc., as delivered to the judge’s office. In the event of a re-scheduling or continuance, documents timely filed pursuant to this rule need not be re-filed prior to the re-scheduled or continued hearing. Documentary evidence not timely filed may be excluded from evidence, absent a written stipulation of the parties or an order extending the deadline for filing for good cause shown.

(8) Any party calling a witness in need of translation services shall be responsible to provide therefor. The OJCC will not provide translation services except in exceptional circumstances and upon written request filed with the Deputy Chief Judge at least 10 days prior to the mediation or hearing for which such services are sought and for good cause shown.

(9) Appointment of an expert medical advisor, except during the final hearing, shall be sought by written motion. The motion shall specifically state the conflict in medical opinions, identify the providers who rendered those opinions, their medical specialties, and attach the documentation that memorializes those opinions.

(10) The order appointing an expert medical advisor shall identify the appointed advisor and the conflict to be resolved.

(11) Unless otherwise ordered by the judge, within 10 days of the order appointing an expert medical advisor, the parties shall jointly submit to the appointed advisor a composite of all documents and records which the parties agree the advisor will review. Any party may move for an order to permit submission of additional or non-stipulated records.

(12) The report of an expert medical advisor is admissible in evidence at the final hearing unless excluded by the judge for good cause shown.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(4), 440.29(2), 440.33(1), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14, 2-14-22, 3-15-23.

Fla. Admin. Code R. 60Q-6.117 Emergency Conferences

(1) A written request for an emergency conference shall be filed and served by electronic mail or facsimile on all other parties or, if represented, their attorneys of record. It shall set forth in detail the facts giving rise to the request, its legal basis, the factual or medical basis for the claim that there is a bona fide emergency involving the health, safety, or welfare of an employee, and the specific relief sought. Any documents relied upon should be specifically referenced or attached.

(2) After reviewing the merits of the request, the judge may summarily enter an order denying the request for an emergency conference or, after proper notice, conduct an evidentiary hearing to consider the emergency.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(4)(g), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12.

Fla. Admin. Code R. 60Q-6.118 Expedited Hearings

(1) Scope. This rule applies in those cases deemed by the judge appropriate for expedited hearing pursuant to statute or by agreement of the parties.

(2) Discovery. The parties shall have at least 30 days to conduct discovery, which shall be completed 15 days before the hearing. The parties shall respond to requests for production within 10 days.

(3) No mediation conference and pretrial hearing shall be held unless requested in writing by a party within 10 days of service of the notice of expedited hearing.

(4) Stipulated Pretrial Outline. The content of the pretrial outline will be as described in paragraphs 60Q-6.113(2)(a)-(g), F.A.C. The judge may modify the timeframes delineated in Rule 60Q-6.113, F.A.C.

(5) The trial memoranda process shall be as described in subsection 60Q-6.116(7), F.A.C.

History

Rulemaking Authority 440.25(4)(i), 440.45(1)(a), (4) FS. Law Implemented 440.25(4)(i), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14.

Fla. Admin. Code R. 60Q-6.119 Abbreviated Final Orders

Any party may request that an abbreviated final order be vacated and that a final compensation order containing separate findings of fact and conclusions of law be entered. The request shall be made by motion and shall be filed within 10 days of the date of the abbreviated final order sought to be vacated.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(4)(d), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06.

Fla. Admin. Code R. 60Q-6.120 Summary Final Order

(1) The judge may enter a summary final order when such an order would be dispositive of the issues raised by the subject petition. Issues that would be dispositive include, but are not limited to, whether there is coverage, whether the statute of limitations has run, whether the accident or occupational disease is compensable, whether the claim is barred by res judicata or a prior settlement, whether the judge has jurisdiction over the subject matter, whether the benefit sought has been paid, and whether the alleged employee is an independent contractor.

(2) Any party may file a motion for a summary final order when there is no genuine issue as to any material fact and the granting of the motion would be dispositive of the issues raised by the subject petition. A summary final order shall be rendered if the judge determines from the pleadings and depositions, together with affidavits, if any, that no genuine issue as to any material fact exists and that the moving party is entitled as a matter of law to the entry of a final order. A summary final order may be rendered on the issue of entitlement to a benefit alone, although there is a genuine issue as to the amount of the benefits. No motion for summary final order may be filed less than 45 days prior to a scheduled final hearing.

(3) The opposing party shall file a response to a motion for summary final order together with supporting depositions, affidavits, and/or other documents within 30 days after service of the motion for summary final order. The judge shall grant an extension for good cause shown.

(4) When a motion for summary final order is denied, the judge shall impose sanctions pursuant to subsections 60Q-6.125(4) and (5), F.A.C., if the judge determines that the motion violates subsection 60Q-6.125(1), F.A.C.

(5) The motion is deemed denied if the judge has not ruled upon the motion by the commencement of the final hearing.

(6) The summary final order standard provided for in this rule shall be construed and applied in accordance with the Florida summary judgment standard.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(4)(h), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 2-14-22.

Fla. Admin. Code R. 60Q-6.121 Evidence

(1) Evidence which has been offered but ruled inadmissible may be proffered but shall be clearly identified as such by the judge.

(2) An objection to the admissibility of evidence not ruled on by the judge is deemed adverse to the party making the objection.

(3) Legible copies may be substituted for original documents.

(4) Voluminous or cumbersome exhibits shall not be received in evidence unless their use is unavoidable.

(5) The judge may consider post-hearing evidence for good cause shown.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06.

Fla. Admin. Code R. 60Q-6.122 Motion for Rehearing and Amending or Vacating Order

(1) A motion for rehearing shall state specifically the grounds on which it is based and should not be used to re-argue issues already determined. A motion for re-hearing shall be filed and served within 10 days from the date of the order sought to be reviewed. The judge shall rule on the motion within 10 days of service. Any response to the motion shall be filed within five days of service of the motion. If the judge has not ruled by the close of business 10 days after service, the motion shall be deemed denied.

(2) The motion shall be limited to the following reasons:

(a) To challenge rulings that were outside the scope of the issues presented; or

(b) To seek clarification in matters of law or fact that the judge may have overlooked or misapprehended.

(3) A motion for re-hearing does not toll the time within which an order becomes final or an appeal may be filed.

(4) Abbreviated final orders are not subject to a motion for re-hearing.

(5) A judge, on the judge’s own initiative or on the motion of any party, may vacate or amend an order not yet final to correct clerical or technical errors, or where due consideration of a motion for re-hearing cannot be made before the order becomes final.

(6) Notwithstanding subsection 60Q-6.115(4), F.A.C., if the motion for re-hearing is directed to an appealable order, the moving party may request a hearing on the motion which the judge may schedule if there are exceptional circumstances or good cause shown in the motion.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14.

Fla. Admin. Code R. 60Q-6.123 Settlements Under Section 440.20(11), Florida Statutes

(1) Settlements under Section 440.20(11)(a) or (b), F.S., involving unrepresented claimants.

(a) When a joint petition signed by the parties is filed pursuant to Section 440.20(11)(a) or (b), F.S., it shall be accompanied by:

The settlement stipulation executed by any attorneys of record and the employee or claimant;
A copy of any prior joint petition and order if indemnity benefits were previously settled, or, if unavailable, an affidavit from the claimant that indemnity was previously settled;
A summary or payout sheet indicating total indemnity and medical benefits previously paid, including impairment income benefits;
The employee’s current work status and other sources of income, if not addressed in the joint stipulation;
A status statement from the OJCC or such other source as designated by the Deputy Chief Judge regarding any child support arrearage balance according to Department of Revenue records, and a status statement regarding any child support arrearage balance according to the Florida Clerks of the Circuit and County Courts, as to whether the claimant has or owes any child support arrearage and, if so, the amount thereof;
If the claimant is not a Florida resident, or was not a Florida resident on the date of accident, the judge may require the substantial equivalent of the status statements in subparagraph (1)(a)5. from the equivalent authorities in the state or county of residence at either the time of settlement or on the date of accident;
A sworn statement by the employee that all existing child support obligations have been disclosed in the joint petition;
A letter or statement in the settlement stipulation from counsel stating that the carrier will issue a check in the amount of the arrearage or such other amount to be approved by the judge and that the check will be sent to the Department of Revenue or the Florida Clerks of the Circuit and County Courts, Central Depository;
Any other documents in the possession of the parties or their attorneys, including any prior attorney’s fee lien, that is material to the disposition of the settlement;
For settlements under Section 440.20(11)(a), F.S., the notice(s) of denial; and
For settlements under Section 440.20(11)(b), F.S., the required notice to the employer, a maximum medical improvement report establishing the date of overall physical maximum medical improvement and psychiatric maximum medical improvement if the latter applies, permanent impairment rating, information concerning the need for future medical care and an estimate of the cost of future medical care, or an explanation as to why an estimate cannot be reasonably obtained, and other essential medical information.

(b) The date and description of all accidents/injuries included in the settlement must be specified.

(c) Language regarding a general release of all liability or claims shall not be included, and no such general release or separate releases shall be attached.

(d) For settlements under Section 440.20(11)(a), F.S., and when a hearing is deemed necessary by the judge for settlements under Section 440.20(11)(b), F.S., the attorney for the employer/carrier shall contact the judge to schedule a hearing date and shall promptly notify the claimant of the hearing date, time, and location.

(2) Settlements under Section 440.20(11)(c), (d), and (e), F.S.

(a) When a motion for approval of attorney’s fees and child support allocation is filed pursuant to Section 440.20(11)(c), (d), or (e), F.S., it shall be signed by the claimant and the claimant’s attorney, furnished to all other parties, and contain:

A statement that the parties have reached a total settlement of the case;
The total monetary amount of the settlement payable by the employer/carrier;
The amount of attorney’s fees and costs agreed to and payable by the claimant pursuant to the contract of representation and the net settlement proceeds to be disbursed to the claimant;
The amount of child support arrearages, if any, owed by the claimant, together with the amount of child support allocation the claimant requests be deducted from the settlement proceeds, after fees and costs, and the attorney responsible to remit the same to the appropriate child support repository;
An attorney’s fee data sheet setting forth the benefits obtained by claimant’s counsel and the value of those benefits, and, depending upon the date of accident and the type of benefit involved, should the claimant’s attorney seek a fee in excess of the statutory percentage, an affidavit specifying the particular statutory criteria forming the basis for the variance;
A status statement from the OJCC or such other source as designated by the Deputy Chief Judge regarding any child support arrearage balance according to the Department of Revenue records, and a status statement regarding any child support arrearage balance according to the Florida Clerks of the Circuit and County Courts, as to whether the claimant has an arrearage or owes past due child support and, if so, the amount thereof; a sworn statement by the employee that all existing child support obligations have been disclosed in the joint petition; and a letter from counsel stating that the carrier will issue a check in the amount of the arrearage and/or past due child support or such other amount to be approved by the judge or that claimant’s counsel will deposit the settlement proceeds in a trust account and will issue a check in the amount of the arrearage and/or past due child support or such other amount to be approved by the judge and that the check will be sent to the Department of Revenue or the Clerk of the Circuit and County Courts, Central Depository;
If the claimant is not a Florida resident, or was not a Florida resident on the date of accident, the judge may require the substantial equivalent of the status statements in subparagraph (2)(a)6., from the equivalent authorities in the state or county of residence at either the time of settlement or on the date of accident; and
The OJCC may obtain child support arrearage data from the Florida Department of Revenue and the Clerk of the various Circuit and County Courts. The OJCC shall list the counties for which such information is available to the OJCC on the internet. For those agencies/counties listed, parties may obtain child support arrearage information through written inquiry to the OJCC.

(3) No hearing shall be held except as deemed necessary by the judge.

(4) Settlement approval when more than one current support order exists. When more than one current support order exists, the judge may approve a proposed settlement only if:

(a) It provides for an equitable share of settlement proceeds; and

(b) The allocation shall be prorated in accord with Section 61.1301(4)(c), F.S.

(5) Any order approving a joint petition or settlement agreement need not approve costs paid by the claimant.

History

Rulemaking Authority 61.14(8)(a), 440.45(1)(a), (4) FS. Law Implemented 61.14(8)(a), 440.105(3)(c), 440.20(11), 440.34, 440.345, 440.45(1)(a), (4), (5) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 2-28-13, 11-10-14, 2-14-22.

Fla. Admin. Code R. 60Q-6.124 Payment of Attorney’s Fees and Costs Other Than Pursuant to Section 440.20(11), Florida Statutes

(1) Payment of Undisputed Attorney’s Fees and Costs by Claimant. The claimant and his or her attorney may jointly move for the judge to approve the payment of an attorney’s fee and reimbursement of costs. The motion shall be served on all parties and include a statement that claimant’s counsel has not previously secured or received a fee on the benefits for which a fee is now being sought, the claimant’s signature, and an attorney’s fee data sheet setting forth the benefits secured by claimant’s counsel and the value of the benefits.

(2) Payment of Undisputed Attorney’s Fees and Costs by Employer/Carrier/Servicing Agent. The employee and the employer/ carrier/servicing agent may stipulate to the payment of attorney’s fees and costs. The stipulation submitted for the judge’s approval shall be accompanied by an attorney’s fee data sheet. If claimant’s counsel is seeking payment of a fee from the employer/carrier which exceeds the statutory fee, counsel must submit an affidavit establishing the basis for approval of the fee. The claimant must be provided with notice of any stipulation providing for an employer/carrier-paid attorney’s fee.

(3) Payment of Disputed Attorney’s Fees and Costs.

(a) Any motion for attorney’s fees and/or for costs shall be verified and filed, and shall include:

A statement of the facts relied on in support of the motion;
The statutory and legal basis relied upon;
A recitation of all benefits secured for the claimant through the attorney’s efforts, including projected future benefits reduced to present value;
The statutory fee based on the benefit secured;
A detailed chronological listing of all time devoted to the claim, if applicable; and
A detailed list of all taxable costs advanced or incurred.

(b) Within 30 days after the motion is served, the opposing party or parties shall file a verified response to the motion, which includes a detailed recitation of all matters which are disputed in the form outlined in subparagraphs (3)(a)1.-6. Failure to file a timely and specific response to a motion for attorney’s fees and costs detailing matters that are disputed shall, absent good cause, result in acceptance of the allegations in the motion as true.

(c) If both entitlement and the amount of the fee are contested, the hearing may be bifurcated at the request of a party.

(d) Unless the judge orders otherwise, the parties shall exchange exhibits and written witness lists no later than 10 days before the date of the attorney’s fee and/or cost hearing.

(e) The Statewide Uniform Guidelines for Taxation of Costs in Civil Actions shall be considered by the judge in determining the reasonableness of an award of cost reimbursement.

(4) Payment of Disputed Attorney’s Fees and Costs – Appellate. Upon issuance of mandate by the appellate court in a matter awarding attorney’s fees, the awarded party shall serve and file a verified petition to determine the amount of appellate attorney’s fee and costs within 15 days from the date of the order entered by the court.

(5) Upon motion by any party:

(a) The judge shall require the filing of a verified motion for attorney’s fees and costs as to any petition for benefits which has no pending claims other than entitlement to attorney’s fees and costs.

(b) The judge may require the party or attorney entitled to attorney’s fees and costs to file a verified motion for attorney’s fees and costs as to amount.

(6) No later than September 1 of each year, all self-insurers, third-party administrators, and carriers shall report by e-JCC to the OJCC the amount of all attorney’s fees paid to their defense attorneys in connection with workers’ compensation claims during the prior July 1 through June 30 fiscal year.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.32, 440.34, 440.345, 440.45(1)(a), (4), (5) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14.

Fla. Admin. Code R. 60Q-6.125 Sanctions

(1) Generally. Failure to comply with the provisions of these rules or any order of the judge may subject a party or attorney to one or more of the following sanctions: striking of claims, petitions, defenses, or pleadings; imposition of costs or attorney’s fees; or such other sanctions as the judge may deem appropriate.

(2) Determination of Violation. If, after notice and a reasonable opportunity to respond, the judge determines that subsection (1) has been violated, the judge may impose an appropriate sanction.

(3) How Initiated.

(a) A motion for sanctions under this rule or under the provisions of Section 440.32, F.S., shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subsection (1) or the provisions of Section 440.32, F.S. Any Motion regarding subsection (1) shall be served but shall not be filed unless the alleged failure is not appropriately remedied within 21 days after service of the motion. If warranted, the judge may award to the party prevailing on the motion the cost of the proceeding and attorney’s fees incurred in presenting or opposing the motion.

(b) On his or her own initiative, the judge may enter an order describing the specific conduct that appears to violate subsection (1) or the provisions of Section 440.32, F.S. and directing an attorney or party to show cause why sanctions should not be imposed.

(4) Nature of Sanctions. A sanction imposed for violation of these rules shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Penalties, fees, and costs awarded under this provision may not be recouped from the party unless the party has committed the violation.

(5) Order. Any order imposing sanctions shall describe the conduct determined to constitute a violation of the rule or statute and explain the basis for the sanction imposed.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.32, 440.33(1), (2), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 2-14-22.

Fla. Admin. Code R. 60Q-6.126 Disqualification or Recusal of Judges

(1) Any motion for disqualification of a judge shall be made and determined pursuant to Fla. R. Gen. Prac. & Jud. Admin. 2.330.

(2) Upon entry of an order of disqualification or after the recusal of a judge, the Deputy Chief Judge shall re-assign the case to another judge.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.442, 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 10-31-12, 2-14-22.

Fla. Admin. Code R. 60Q-6.127 Procedure for Relief from Appellate Filing Fee and Costs

The procedure for relief from payment of the appellate filing fee and from the costs of the preparation of the record on appeal for the review of any order of a judge on the ground of indigency shall be in accordance with Fla. R. App. P. 9.180.

History

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.271 FS. History–New 11-1-06, Amended 10-31-12.

Fla. Admin. Code R. 60Q-6.128 Destruction of Obsolete Records

(1) All case files that have been closed and inactive for a period of two years are declared to be obsolete and may be destroyed. Designated personnel of the OJCC shall be responsible for the destruction of obsolete records and reports in accordance with applicable statutes and administrative rules.

(2) Recordings of hearings held before a judge shall be destroyed two years subsequent to the date of the close of the hearing.

(3) Any forms, documents, reports, duplicate-filed pleadings, or other records filed where this rule chapter specifically provides that filing is not required or requested shall be destroyed upon filing.

History

Rulemaking Authority 440.44(7), 440.45(1)(a), (4) FS. Law Implemented 440.44(7) FS. History–New 11-1-06, Amended 10-31-10.

Fla. Admin. Code R. 60Q-6.129 Statewide Judicial Nominating Commission Procedures

(1) The Guidelines of Operation of the Statewide Nominating Commission (effective 11/22/2013), which set forth the methods by which the Statewide Nominating Commission shall conduct its investigation and review of candidates for appointment and reappointment of judges of compensation claims, are incorporated by reference herein and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-08603 or https://www.jcc.state.fl.us/JCC/sjnc/AR/SJNC_Guidelines.pdf.

(2) In fulfilling its statutory responsibility to determine whether a judge of compensation claims (JCC) who seeks reappointment has performed “satisfactorily,” the Statewide Nominating Commission shall consider the following data provided by the Office of Judges of Compensation Claims:

(a) Volume of petitions for benefits assigned to the JCC and the statewide average for all JCCs;

(b) Volume of new cases assigned to the JCC and the statewide average for all JCCs;

(d) Inventory of pending petitions for benefits assigned to the JCC and the statewide average for all JCCs;

(e) Average days between petition for benefits filing and first mediation and the statewide average for all JCCs;

(f) Total volume of trial orders uploaded by the JCC and the statewide average for all JCCs;

(g) Average days between petitions for benefits filing and trial commencing and the statewide average for all JCCs;

(h) Average days between trial commencing and entry of the trial order by the JCC and the statewide average for all JCCs;

(i) Volume of settlement orders entered by the JCC and the statewide average for all JCCs;

(j) Average number of days between filing of a settlement motion and entry of a settlement order by the JCC and the statewide average for all JCCs;

(k) Volume of stipulation orders entered by the JCC and the statewide average for all JCCs;

(l) Volume of other (not settlement or stipulation) orders entered by the JCC and the statewide average for all JCCs; and

(m) Volume of other (not trials) hearings recorded as “held” by the JCC and the statewide average for all JCCs.

(3) The Office of Judges of Compensation Claims shall provide the following other data necessary for the Statewide Nominating Commission to review the performance of JCCs subject to reappointment:

(a) The Annual Report of the Office of Judges of Compensation Claims due on December 1 each year and any updates;

(b) The Florida Bar Survey Results concerning JCCs and state mediators conducted in the spring each year;

(c) Any complaints filed against a JCC by a member of the public or initiated by the Office of Judges of Compensation Claims once the report, if any, resulting from the investigation has been made public; and

(d) Any violations of the Code of Judicial Conduct that have been committed by a JCC and investigated by the director of the Division of Administrative Hearings once a report, if any, has been made public.

(4) Upon review of the data and materials set forth above, a majority affirmative vote by the Statewide Nominating Committee’s members to recommend an applicant for reappointment shall be a determination by them that the JCC’s performance is “satisfactory.”

History

Rulemaking Authority 440.45(4) FS. Law Implemented 440.25(1), (4)(a)-(e), 440.34(2), 440.442, 440.45(1)(a), (4) FS. History–New 5-22-18.

Fla. Admin. Code R. 60Q-6.130 Emergency Office Closure

(1) The Office of Judges of Compensation Claims is subject to closure pursuant to Gubernatorial instructions or declarations pursuant to Article IV, section 1(a) of the Florida Constitution and the Florida Emergency Management Act.

(2) Whenever the Circuit Courts in the particular county in which an OJCC office is located close, due to a weather or other disaster emergency, the district office of the Office of Judges of Compensation Claims in that county shall likewise close for the duration of the emergency closure ordered by that Circuit Court.

(3) Any unscheduled closure of an OJCC office will be published on the OJCC website, and through such other means deemed necessary by the Deputy Chief Judge.

History

Rulemaking Authority 440.45(4) FS. Law Implemented 440.25(1), (4)(a)-(e), 440.45(1)(a), (4) FS. History‒New 2-14-22.

Division 60S Division of Retirement

Chapter 60S-1 MEMBERSHIP

Fla. Admin. Code R. 60S-1.001 Scope and Purpose

History

Rulemaking Authority 121.031 FS. Law Implemented 121.031 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Formerly 22B-1.01, Amended 9-8-92, Formerly 22B-1.001, Repealed 12-22-15.

Fla. Admin. Code R. 60S-1.002 Statements of Policy

(1) Membership in the Florida Retirement System shall not give any member the right to be retained in the employ of an employer.

(2) The Division shall deny membership to any officer or employee who does not meet the requirements for membership in the Florida Retirement System as set forth in Chapter 121, F.S., and these rules.

(3) Upon a person’s employment or reemployment, the employer shall furnish to the Division such information as may be required on the Monthly Retirement Report, for the proper reporting of the officer or employee to the Florida Retirement System.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.031, 121.051, 121.053, 121.091, 121.122 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 1-16-77, 7-1-79, 8-26-81, 1-19-82, 2-6-84, 11-6-84, Formerly 22B-1.02, Amended 3-11-87, 5-15-91, 11-14-91, Formerly 22B-1.002, Amended 9-17-03, 3-25-13.

Fla. Admin. Code R. 60S-1.003 Preservation of Rights

History

Rulemaking Authority 121.031 FS. Law Implemented 121.011(3), 121.051, 112.0515, 112.25-.31 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 1-16-77, 7-1-79, 1-19-82, Formerly 22B-1.03, Amended 5-15-91, Formerly 22B-1.003, Repealed 1-31-18.

Fla. Admin. Code R. 60S-1.004 Participation

(1) Compulsory Membership – Participation in the Florida Retirement System (FRS) shall be compulsory as a condition of employment for all officers and employees enumerated in the following paragraphs who are filling a regularly established position as described in subsection 60S-1.004(4), F.A.C., and defined in rule 60S-6.001, F.A.C., (exceptions are provided in subsection 60S-1.004(2) or (3), F.A.C.) and eligible for FRS membership. Such officers and employees shall participate in one of the five Florida Retirement System classes of membership. Members shall be assigned to the Regular Class unless eligible or required by virtue of the position held to be in the Special Risk Class, the Special Risk Administrative Support Class, the Elected Officers’ Class, or the Senior Management Service Class. All such officers or employees initially enrolled into the FRS or initially enrolled as renewed members of the FRS as provided in Section 121.4501, F.S., shall be enrolled, by default, into the FRS Investment Plan as provided in part II of chapter 121, F.S., and may, by the last business day of the eighth month following his or her month of hire as provided in Sections 121.122 and 121.053, F.S., choose to elect enrollment into the FRS Pension Plan as provided in part I of chapter 121, F.S. Such election may be filed with the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., using one of the following State Board of Administration forms adopted by reference in rule 19-11.006, F.A.C., applicable to his or her membership class in the Florida Retirement System. The forms are: Form ELE-1-EZ, an EZ Retirement Plan Enrollment form which is only for Regular Class, Special Risk Class, and Special Risk Administrative Support Class members; Form ELE-1, a General Retirement Plan Enrollment form for Regular Class, Special Risk Class, and Special Risk Class Administrative Support Class members; Form EOC-1, a form for Elected Officers’ Class members; Form OCC-1, a form for members eligible for participation in the State Community College System Optional Retirement Program; Form SMS-3, a form for members eligible for participation in a local retirement plan in lieu of the Senior Management Service Class. Form ORP-ENROLL-1, “State University System Optional Retirement Program (SUSORP) Retirement Plan Enrollment,” a form for members eligible for participation in the SUSORP, is incorporated by reference in Rule 60U-1.012, F.A.C. The form appropriate to the employee’s membership class is available online at www.MyFRS.com or at www.frs.MyFlorida.com; or by calling toll free 1(866)446-9377, or for the hearing impaired 1(888)429-2160. Except for renewed members initially enrolled on or after July 1, 2017, after the period of initial FRS plan choice has expired, or the month following the receipt of the eligible employee’s plan election, if sooner, the employee’s plan choice is irrevocable except that the employee shall have one opportunity, at the employee’s discretion, to change plans as provided in Section 121.4501, F.S. Such election to change FRS plans may be made using one of the following State Board of Administration forms adopted by reference in Rule 19-11.007, F.A.C., for ease of use for employees in the several membership classes of the Florida Retirement System. These forms are: Form ELE-2, 2nd Election Retirement Plan Enrollment Form; and Form ELE-2-EZ, 2nd Election EZ Retirement Plan Enrollment Form. These forms can be obtained online at www.MyFRS.com or at www.frs.MyFlorida.com; or by calling toll free 1(866)446-9377, or for the hearing impaired 1(888)429-2160.

(a) All officers and employees within any agency, branch, department, institution, university, institution of higher education, or board of the state, or any county agency, branch, department, board, district school board, or participating independent special district, municipality of the state, metropolitan planning organization, public charter school or public charter technical career center.

(b) All officers and employees who were in the employ of an employer on December 1, 1970 but who were not eligible to participate in the existing systems except those employees who meet the criteria for optional membership as provided in subsection 60S-1.004(2), F.A.C., or prohibited membership as provided in subsection 60S-1.004(3), F.A.C.

(c) All members of the existing systems who elect to transfer to the Florida Retirement System in accordance with the procedures established by the Administrator. Any member of one of the existing systems who was on a noncreditable leave-of-absence under his or her existing system or the entire period of leave-of-absence was not claimed for retirement purposes, shall be a compulsory member of the Florida Retirement System unless the member’s account was not adjusted prior to July 1, 1978, when the statutes were amended as provided in paragraph 60S-1.004(3)(b), F.A.C.

(d) Any member, as provided in paragraph 60S-1.004(2)(f), F.A.C., who fails within 6 months of reemployment to make written notification to the Division of his or her intention to remain in the existing system.

(e) Officers and employees of a covered group of a municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center which is approved for participation in the Florida Retirement System. If eligible for FRS membership, such officers and employees shall be compulsory members as follows:

If the participating municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center did not have a local retirement system at the time it was approved for participation in the Florida Retirement System, all present and future officers and employees shall be covered.
If the participating municipality, independent special district, metropolitan planning organization, participating public charter school or public charter technical career center had a local retirement system at the time it was approved for membership in the Florida Retirement System, all officers and employees who elect to transfer to the Florida Retirement System shall be covered and all future officers and employees shall be covered.

(f) All officers or employees of a covered group of a municipality or independent special district, who are members of a local retirement system established in accordance with chapter 175 or 185, F.S., may elect coverage under the Florida Retirement System by a majority of such officers and employees in a referendum held for that purpose. Upon establishing membership in the Florida Retirement System for the covered group, all officers or employees hired thereafter who are eligible for FRS membership shall be compulsory members of the FRS. Existing officers and employees shall be subject to paragraph 60S-1.004(2)(h), F.A.C.

(g) All former members of existing systems who terminated employment and received a full or partial refund of retirement contributions; and

Returns to covered employment after November 30, 1970 and prior to July 1, 1988; or
Returns to covered employment on or after July 1, 1988 after terminating all employment relationships as provided in subsection 60S-6.001(69), F.A.C., and remaining terminated from all covered employment for at least 12 months.

(h) All blind or partially-sighted persons who are employed or licensed by the Bureau of Blind Services as vending facility operators on or after December 1, 1970 and prior to July 1, 1996. Such persons who were members during that period shall remain compulsory members of the Florida Retirement System for as long as the member is a vending facility operator, unless such member makes an irrevocable election on or before July 31, 1996, to withdraw from the Florida Retirement System or unless retirement contributions are not paid.

(i) All regular receivership employees of the Division of Rehabilitation and Liquidation, Department of Insurance.

(j) All members who were employed with a municipality, independent special district, or hospital when such employer revoked its participation in the Florida Retirement System on January 1, 1996, as provided by Section 121.0511 or 121.051(2)(b)5., F.S. Such members shall remain as members of the Florida Retirement System for as long as they are continuously employed with that same employer.

(k) Effective July 1, 1996, the following employees of a dependent governmental entity within the jurisdiction of an independent participating agency that has failed to report such employees for membership in the Florida Retirement System as required under this chapter, shall become compulsory members of the Florida Retirement System:

Employees that were hired on or after July 1, 1996;
Employees as of June 30, 1996, who were not participating in a retirement plan provided by the dependent entity. Any such employees who, on June 30, 1996, were participating in a retirement plan provided by the dependent entity shall elect, in writing, to participate in the Florida Retirement System or to remain in the retirement plan provided by the dependent entity, effective July 1, 1996.

(l) All employees of a public charter school or charter technical career center, the governing body of which has elected to participate in the Florida Retirement System.

(2) Optional Membership – Participation in the Florida Retirement System shall be optional for all officers and employees enumerated in the following paragraphs who are filling a regularly established position as described in subsection 60S-1.004(4) and defined in Rule 60S-6.001, F.A.C.

(a) All members of the State and County Officers and Employees’ Retirement System, the Teachers’ Retirement System, and the Highway Patrol Pension System, when membership in the Florida Retirement System is made available by act of the State Legislature which has occurred during the following periods:

October 15, 1970 through November 30, 1970; membership effective December 1, 1970.
April 15, 1971 through May 31, 1971; membership effective June 1, 1971.
April 15, 1972 through June 30, 1972; membership effective July 1, 1972, retroactive to December 1, 1970.
September 1, 1974 through November 30, 1974; membership effective January 1, 1975.
September 1, 1978 through November 30, 1978; membership effective January 1, 1979.
January 2, 1982 through May 31, 1982; membership effective July 1, 1982.
January 1, 1991 through May 29, 1991, for those members who were not employed in a covered position or on a creditable leave-of-absence during the periods described in subpararaphs 1. through 6., above, and were never reemployed before July 2, 1978 or after June 29, 1983 when transfer upon reemployment was allowed; membership effective July 1, 1991.

(b) Members of the existing systems who were not given an opportunity to transfer to the Florida Retirement System because they were on a creditable leave-of-absence under their existing retirement system. Such members shall be given an opportunity to transfer to the Florida Retirement System immediately upon termination of their leave of absence and return to duty, and shall indicate on the application their election to remain in the existing system or transfer to the Florida Retirement System.

(c)1. Employees filling a position classified as eligible for membership in the State University System Optional Retirement Program (SUSORP) shall by default be enrolled prospectively into the SUSORP upon such employment except that participants of the FRS Investment Plan who fill such positions shall not be prospectively enrolled into the SUSORP unless the position is a mandatory SUSORP position as provided in Section 121.051(1)(a), F.S.

Employees enrolled by default into the SUSORP, except for those filling a mandatory SUSORP position or a renewed member initially enrolled on or after July 1, 2017, may choose between membership in the Florida Retirement System or participation in the SUSORP within 90 days of employment by filing such election in writing with the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., not later than 4:00 p.m. (Eastern Time) on the 90th day from the employee’s date of hire into the SUSORP eligible position in accordance with Sections 121.35 and 121.4501, F.S., and Rule 19-11.006, F.A.C., and may file such election using the State Board of Administration’s designed form for ease of use; Form ORP-ENROLL-1, the “State University System Optional Retirement Program (SUSORP) Retirement Plan Enrollment” form adopted by reference in Rule 60U-1.012, F.A.C.
Employees who file an election to participate in the SUSORP, other than mandatory SUSORP participants who must elect this option, must also execute a contract with a SUSORP provider company no later than the 90th day from the employee’s date of hire into the SUSORP eligible position in accordance with Sections 121.35 and 121.4501, F.S., and Rule 19-11.006, F.A.C., or shall by default have membership in the FRS commencing with the date of employment into the SUSORP-eligible position. Mandatory SUSORP participants must execute a contract with a SUSORP provider company otherwise contributions will not be allocated to a SUSORP provider company.
Employees enrolled by default in the SUSORP, except for mandatory SUSORP participants or a renewed member initially enrolled on or after July 1, 2017, who do not elect SUSORP participation and/or who do not execute a provider contract within the 90-day period as provided in subparagraph 2., shall be reported as FRS Pension Plan members commencing with the date of employment into the SUSORP-eligible position. FRS membership will be determined by the member’s active election or default membership as provided in subsection 60S-1.004(1), F.A.C.
An election to participate in SUSORP is irrevocable for as long as an employee remains in the SUSORP-eligible position.

(d) Employees with active Senior Management Service Optional Annuity Program membership (SMSOAP) filling a position classified as eligible for SMSOAP participation as provided in Section 121.055, F.S., and Division 60V, F.A.C., shall within the 90-day period of the commencement of such employment have the option of prospectively participating in SMSOAP in lieu of participating in the FRS as provided in Sections 121.055 and 121.4501, F.S.

An election to participate in SMSOAP is irrevocable for as long as an employee remains in the SMSOAP-eligible position except as provided in Section 121.055(6)(c)5., F.S.

(e) Any elected officer eligible for membership in the Elected Officers’ Class may within the first six months of assuming office choose to:

Withdraw from the Florida Retirement System altogether, which means that the employee will not participate in the Florida Retirement System or any retirement plan offered by his or her employer; that the effective date of the election will be the date he or she assumed elected office; and that the employee can rejoin the Elected Officers’ Class during a term of office upon written request.
Join the Senior Management Service Class of the FRS in lieu of participating in the Elected Officers’ Class of the FRS as provided in Section 121.055. F.S., wherein;

a. State elected officers who elect to participate in the Senior Management Service Class would be eligible to elect to participate prospectively in the Senior Management Optional Annuity Program in lieu of the FRS within the first 90-day period of participation in the Senior Management Service Class as provided in paragraph (d).

b. Local elected officers who elect to participate in the Senior Management Service Class would be eligible to elect to withdraw from the Florida Retirement System to participate in a local retirement program within the first 90-day period of participation in the Senior Management Service Class.

An elected officer may file their election in writing to the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., no later than the last business day of the 6th month after assuming elected office in accordance with Sections 121.055 and 121.4501, F.S., and Rule 19-11.006, F.A.C., using the SBA designed form for ease of use; Form EOC-1, Elected Officers’ Class Retirement Plan Enrollment Form, adopted by reference in Rule 19-11.006, F.A.C.

(f) Any member of an existing system or any member retired under the disability provisions of the Teachers’ Retirement System who recovers and terminates his or her benefit, and

Who returns to employment on or after June 30, 1983 and prior to July 1, 1988; or
Who has terminated all employment relationships as provided in subsection 60S-6.001(69), F.A.C., remains terminated from all covered employment for at least 12 months and returns to covered reemployment on or after July 1, 1988. Such member shall have the option of transferring to the Florida Retirement System or remaining in the existing system. To remain in the existing system the member shall, within 6 months of reemployment, make written notification to the Division of his or her intention to remain in the existing system. Such written notification may be made using Division of Retirement designed form for ease of use, Form BLE-1 (Rev 08/99) http://www.flrules.org/Gateway/reference.asp?No=Ref-00317, herein adopted by reference and may be obtained by calling the Division Toll Free at (844)377-1888, if calling outside the Tallahassee calling area or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. Failure to submit notification shall result in compulsory membership in the Florida Retirement System as provided in paragraph 60S-1.004(1)(d), F.A.C. (See also paragraphs 60S-1.004(1)(g), (3)(b) and (3)(f), F.A.C.)

(g) Those employees who specifically rejected membership in an existing retirement system prior to July 1, 1947, when the employees were given this option by law, and who continue employment without participating in the Florida Retirement System may withdraw their rejection in writing and, if otherwise eligible, participate in the Florida Retirement System. Such employee shall notify the Division of Retirement in writing of his or her desire to withdraw his or her rejection and to become a member of the Florida Retirement System. The Division shall then notify the employing agency to enroll the employee in the Florida Retirement System effective the first day of the month following the month during which the Division received notification of the employee’s withdrawal of rejection.

(h) Officers or employees of a covered group of a municipality or independent special district who are members of a local retirement system established in accordance with Chapter 175 or 185, F.S. All such officers and employees who are eligible for Florida Retirement System membership and who elect coverage under the Florida Retirement System shall be compulsory members of the Florida Retirement System, provided a majority of such officers and employees elect such coverage in a referendum held for that purpose.

(i) Any member of a local retirement system whose employer becomes a covered group, except as provided in paragraph (h).

(j) Any employee filling a position classified as eligible for participation in the Florida Retirement System and who elects the State Community College System Optional Retirement Program (CCORP) as provided in Sections 121.051 and 1012.875, F.S.

1.a. Prior to July 1, 2003, an employee filling a CCORP eligible position, within 60 days of the date of qualifying employment, had the option of prospectively participating in the CCORP. If such option was not exercised within 60 days of qualifying employment, the employee filling the CCORP eligible position forfeits eligibility to participate in the CCORP.

b. On or after July 1, 2003 and through December 31, 2008, an active CCORP participant, having made election to participate in the CCORP prior to July 1, 2003, may file an election in writing with the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., to transfer the sum representing the Present Value of the FRS Pension Plan service credit that resulted from that period(s) of time when the participant first became eligible to transfer to the CCORP and the effective date of such election as provided in Section 121.051(2)(c)7., F.S. Transfer of this sum will nullify service credit for that period under the FRS Pension Plan. Such election may be filed in writing to the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., in accordance to Section 121.4501, F.S., and Rule 19-11.006, F.A.C., using the State Board of Administration designed form for ease of use; Form OCC-2 (Rev. 10-12) http://www.flrules.org/Gateway/reference.asp?No=Ref-01931, “Retirement Plan Conversion Form for Community College Optional Retirement Program (CCORP) Members”, herein incorporated by reference. This form is available online at www.MyFRS.com or at www.frs.MyFlorida.com; or by calling toll free (866)446-9377, or for the hearing impaired (888)429-2160.

On or after July 1, 2003, an employee filling a CCORP eligible position, within 90 days of qualifying employment, shall have the option of electing to participate in the CCORP.

a. For an employee initially enrolled into the FRS as a result of CCORP-eligible employment, such election will be retroactive to the date of eligible employment.

b. For an employee who became eligible as a result of transfer to a CCORP-eligible position, such election will be effective the first day of the month for which a full month’s participation in the CCORP could have occurred within the 90-day election window.

c. To file an election to participate in the CCORP, such election must be made in writing to the Plan Choice Administrator and to the employer, the eligible employee may use the State Board of Administration’s designed form for ease of use; Form OCC-1, “Community College Optional Retirement Program (CCORP) Retirement Plan Choice Form for Eligible Employees,” adopted by reference in Rule 19-11.006, F.A.C.

d. An employee who fills a CCORP-eligible position who does not make an election to participate in the CCORP within his or her election window, forfeits eligibility to participate in the CCORP and defaults to FRS membership.

An election to participate in the CCORP is irrevocable except that, effective July 1, 2003, an active participant can, at his or her discretion within the terms of his or her State Community College Optional Retirement Program contract, exercise a one-time opportunity to transfer to the FRS Pension Plan or participate prospectively in the FRS Investment Plan by filing such election in writing with the Plan Choice Administrator, the eligible employee may use the State Board of Administration’s designed form for ease of use; Form OCC-2 “Retirement Plan Conversion Form for Community College Optional Retirement Program (CCORP) Members.”

(k) The sheriff, circuit court clerk or mayor of a consolidated government as provided in Section 121.052(2)(d) and (5)(d), F.S.

(3) Membership Not Permitted – Participation in the Florida Retirement System shall not be permitted for:

(a) A person who has retired under the disability provisions of a state-administered retirement system except as provided in subsection 60S-4.007(8), F.A.C.

(b) Any member of an existing system on or after July 1, 1978 and prior to June 30, 1983 who terminated employment without receiving a total or partial refund of contributions. Such member shall remain a member of the existing system.

(c) Officers and employees of any nonprofit association or corporation; however, all officers and employees of the University Athletic Association, Inc. participating in a state-supported retirement system prior to July 1, 1979, shall continue membership in such system, except those who chose in writing between July 1, 1979 and March 30, 1980 to terminate participation in the Florida Retirement System in accordance with Section 121.051(2)(a)1., F.S.

(d) Any person participating in the State University System Optional Retirement Program (SUSORP) in accordance with paragraph 60S-1.004(2)(c), F.A.C.

(e) Any person participating in the Senior Management Service Optional Annuity Program in accordance with paragraph 60S-1.004(2)(d), F.A.C., except as provided in Section 121.055(6)(c)5., F.S.

(f) Any member of an existing system who is reemployed on or after July 1, 1988 within 12 months after terminating all employment relationships as provided in subsection 60S-6.001(69), F.A.C., regardless of whether he or she received a full or partial refund of retirement contributions. Such member shall remain a member of the existing system except as provided in Rules 60S-1.0055 and 60S-1.0057, F.A.C. (See also paragraphs 60S-1.004(1)(f), (7)(f), and (8)(b), F.A.C.)

(g) Any person performing services as a consultant or an independent contractor as defined in subsection 60S-6.001(33), F.A.C. The determination of the employment classification of a person as an employee or an independent contractor is solely within the jurisdiction of the Division. To establish whether a person is an independent contractor or an employee, a determination may be requested from the Division, Bureau of Enrollment and Contributions. The determination will be based in substantial part on information furnished on Form ERQ-1, effective 06/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09532, Florida Retirement System Employment Relationship Questionnaire, herein adopted by reference, which the employing agency and the person performing the services must each complete and submit to the Division for a determination. Form ERQ-1 is available online at www.MyFRS.com or at www.frs.MyFlorida.com or may be obtained by calling the Division Toll Free at (844)377-1888, if calling outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. Retroactive adjustments of retirement contributions will be required by any agency that improperly excludes or enrolls a person.

(h) Any person appointed on or after July 1, 1989, to a faculty position in a college at the J. Hillis Miller Health Center at the University of Florida or the Medical Center at the University of South Florida which has a faculty practice plan provided by rule adopted by the Board of Governors or its predecessors. Effective July 1, 2008, any person appointed to a faculty position, including clinical faculty, in a college at a state university that has a faculty practice plan authorized by the Board of Governors. Such person must participate in the State University System Optional Retirement Program based on such service in accordance with Section 121.051(1), F.S.

(i) Any person participating in the Community College Optional Retirement Program in accordance with Sections 121.051 and 1012.875, F.S.; except as provided in subparagraph 60S-1.004(2)(j)3., F.A.C., and Section 121.051(2)(c)3., F.S.

(j) Any person initially employed on or after January 1, 1996, by a municipality, independent special district, or hospital that revoked its participation in the Florida Retirement System on that date. Such person shall participate in a retirement plan established by the employer in accordance with Section 121.0511, or 121.051(2)(b)5., F.S.

(k) All blind or partially-sighted persons who are employed or licensed by the Bureau of Blind Services as vending facility operators on or after July 1, 1996; and any such persons who were members prior to July 1, 1996, who make an irrevocable election on or before July 31, 1996, to withdraw from the Florida Retirement System, and any such persons for whom retirement contributions are not paid.

(l) All employees of a not-for-profit corporation or association created by the Board of County Commissioners of Palm Beach County for the purpose of owning, operating, or managing a public bus transit system formerly operated or managed by a private corporation subject to 49 U.S.C., Section 5333(b).

(m) All employees of a private charter school or charter technical career center; and all independent contractors who, either as individuals or as members of a group, contract their services to a public charter school or charter technical career center.

(4) Membership in the Florida Retirement System shall be compulsory if the employee is filling a full-time or part-time regularly established position; except for State University System Optional Retirement Program (SUSORP)-eligible and mandatory SUSORP employees as provided in Section 121.35, F.S., and paragraph 60S-1.004(2)(c), F.A.C.; Senior Management Service Optional Annuity Program (SMSOAP)-eligible employees as provided in Section 121.055 and 121.4501, F.S., and paragraph 60S-1.004(2)(d), F.A.C.; elected officers eligible for membership in the Elected Officers’ Class as provided in Section 121.052, F.S., and paragraph 60S-1.004(2)(e), F.A.C.; and CCORP-eligible employees as provided in Sections 121.051 and 1012.875, F.S., and paragraph 60S-1.004(2)(j), F.A.C. An employee filling a regularly established position shall be enrolled on the first day of employment, even if the employee is serving a probationary period, or working part-time. A position meeting the definition below shall be considered a regularly established position. An elected official (with the exception of those listed in subparagraph 60S-1.004(5)(d)7., F.A.C.), shall be considered to be filling a regularly established position on the date he or she is commissioned or assumes office.

(a) A regularly established position in a state agency is a position as defined in Section 121.021(52)(a), F.S.

(b) A regularly established position in a local agency (district school board, county agency, Florida College System institution, municipality, independent special district, metropolitan planning organization, or participating public charter school or charter technical career center) is an employment position which will be in existence beyond 6 consecutive calendar months except that effective October 1, 2012, a regularly established position in a water management district operating pursuant to Chapter 373, F.S., shall be as defined in Section 121.021(52)(c), F.S. A local agency, when establishing an employment position, except for positions identified in sub-subparagraphs 60S-1.004(4)(c)7.a. and 8.a., F.A.C. or paragraph 60S-1.004(5)(d), F.A.C., should determine if the position will exist beyond 6 consecutive calendar months. If it will, then it is a regularly established position. If it will not, then it is a temporary position. A position which exists for any part of a month is considered to be in existence for the entire month. A local agency shall not use the 6 month period as a means for not making the required retirement contributions into the Florida Retirement System trust fund. Records documenting the intended length of a temporary position and the dates of employment of an employee in such position must be maintained by the agency.

(c) The following shall apply to all members employed by a local agency except that effective October 1, 2012, such shall not apply to members employed by a water management district operating pursuant to Chapter 373, F.S.:

A member filling a regularly established position who performs additional duties for the same employer is considered to be filling a regularly established position for the total employment and the employer shall make the required retirement contributions.
A member filling a regularly established position and also a temporary position for different Florida Retirement System employers shall not be covered for the employment in the temporary position, nor shall the employer have to make retirement contributions for the employment in the temporary position.
A teacher filling a regularly established position who performs additional duties (beyond those contracted) for the same employer is considered to be filling a regularly established position for the total employment and the employer shall make the required retirement contributions.
A teacher who did not fill a regularly established position during the preceding school year and who is employed to teach during a summer session is filling a temporary position and the employer shall not make retirement contributions for this summer employment.
A person filling a regularly established position as a temporary replacement for a member on a leave-of-absence approved for more than 6 months shall be enrolled in the system upon employment; or, if the leave is approved for 6 months or less and is subsequently extended beyond 6 months, such person shall be enrolled at the time of the extension; or if the leave-of-absence is open-ended, that is, the duration of the leave-of-absence is not documented, such person shall be enrolled retroactively to date of employment; otherwise such person shall be considered a temporary employee and shall not be reported for retirement purposes.
An employment position financed by grant monies becomes a regularly established position if the position exists beyond 6 consecutive calendar months, except as provided in subparagraph 7., below.

7.a. CETA participants employed from July 1, 1979 through September 30, 1983, under the Federal Comprehensive Employment and Training Act and JTPA participants employed on or after October 1, 1983, under the Job Training Partnership Act shall be considered to be filling a temporary position for retirement purposes.

b. CETA participants employed prior to July 1, 1979 who are already covered for retirement may continue to have retirement coverage for the duration of their participation in the CETA program.

c. CETA administrative staff members and instructors are considered to be filling regularly established positions and may participate in the Florida Retirement System from July 1, 1979 through September 30, 1983.

d. JTPA administrative staff members and instructors employed on or after October 1, 1983 and filling regularly established positions shall participate in the Florida Retirement System.

8.a. “Enrollees” of the Senior Community Service Employment Program of the U.S. Department of Labor shall be considered to be filling a temporary position, for retirement purposes.

b. Project administrators and staff of the Senior Community Services Employment Program of the U.S. Department of Labor shall be considered to be filling regularly established positions and may participate in the Florida Retirement System.

(5) An employee who is filling a temporary position shall not be eligible for membership in the Florida Retirement System. Records documenting the intended length of a temporary position and the dates of employment of an employee in such position must be maintained by the agency. An employer employing a person in a temporary position shall advise the employee at the time of his or her employment that he or she is filling a temporary position and cannot participate in the Florida Retirement System or claim this temporary employment later for retirement purposes. A position shall not be considered temporary due to the uncertainty of the employee’s intention to continue employment. A position meeting the definition below shall be a temporary position.

(a) A temporary position in a state agency is a position as defined in Section 121.021(53)(a), F.S.

(b) A temporary position in a local agency except as provided in subsection (c) is:

An employment position which will not exist beyond 6 consecutive calendar months; or
An instructional position which is established with no guarantee of continuation beyond one term to teach in a community college, a district school board public school, a participating public charter school or a participating public charter technical career center; effective July 1, 1991, such a position may include a paper grader, tutor, note taker, and a lab tutor at community colleges; or
Any of the following types of positions wherein documentation to support such temporary positions is maintained by the agency in the employee’s personnel record or in the absence of the same, other agency documentation deemed acceptable by the division (see subsection 60S-5.007(2), F.A.C.).

a. Student positions filled by persons who are bona fide students in an accredited educational or vocational program who perform services for a public employer in a position set aside strictly for students.

b. Work-Study positions filled by students participating in the Federal work-study program.

c. Substitute teacher positions filled by persons not on contract called to work intermittently to substitute.

d. On call positions filled by employees who are called to work for brief periods and whose work ceases when the job is completed. If an employee has a work schedule and works consistently month after month, he or she is not considered to be filling an on call position.

e. CETA and JTPA, and “enrollees” in Senior Community Service Employment Program of the USDA as provided in sub-subparagraphs 60S-1.004(4)(c)7.a. and 8.a, F.A.C.

f. Non-salaried elected positions in which the elected officials receive no compensation, but receive expenses, e.g., per diem, stipend, or an honorarium.

g. Effective July 1, 1991, Non-instructional Community College positions filled by employees paid from an other-personal-services OPS budget for not more than 2080 hours of total service within a single community college. Such person who is employed beyond 2080 total aggregate hours within a community college shall thereafter be an employee filling a regularly established position and a compulsory member of the Florida Retirement System regardless of the appropriation category from which he or she is paid.

h. Positions established on a temporary basis as a result of a state of emergency as declared by the Governor because of a disaster caused by destructive storms, winds, floods, fires, earthquakes, freezes, and other similar emergencies.

i. Instructional positions in grades K-12 filled by exchange teachers on a J-1 visa when participating in an exchange visitor program designated by the United States Department of State pursuant to 22 CFR 62.24 (November 10, 2005). Employment may not exceed 3 years whether employed in regularly established positions or temporary positions with educational institutions listed on federal Form DS-2019, Certificate of Eligibility for Exchange Teacher Status. A certified copy of Form DS-2019 must be maintained in the sponsoring agency’s records for each exchange teacher employed.

(c) Effective October 1, 2012, a temporary position in a water management district is a position as defined in Section 121.021(53)(c), F.S.

(6) A member who terminates employment retains membership rights to previously earned member-noncontributory service credit, and to member-contributory service credit if the member leaves his or her contributions on deposit in his or her retirement account. Such member may reinstate any previously earned member-contributory service credit for which a refund was received after completion of 1 year of reemployment and membership as provided in subsection 60S-2.004(2), F.A.C., and repayment of the refunded employee contributions.

(7) The effective date of membership in each class enumerated in subsection (1) and defined in Rule 60S-6.001, F.A.C., shall be as follows:

(a) Regular Class members:

A Regular Class member shall have membership in the Regular Class effective on his or her first day of employment.
A Special Risk Class member who becomes ineligible for Special Risk Class membership shall have his or her designation of Special Risk Class membership discontinued and shall become a Regular Class member on the first day of the month following the date the member becomes ineligible for Special Risk Class membership.

(b) Special Risk Class members shall have membership in the Special Risk Class effective as provided in Rule 60S-1.005, F.A.C.

(c) Special Risk Administrative Support Class members shall have membership in the Special Risk Administrative Support Class effective as provided in Rule 60S-1.0054, F.A.C.

(d) Elected Officers’ Class members:

An elected officer who becomes a compulsory member of the Elected Officers’ Class shall have membership in such class on the date such officer assumes office; or
An elected officer who has withdrawn from the Elected Officers’ Class and later elects to rejoin the Elected Officers’ Class shall have membership in such class on the first day of the month during which the Division receives the officer’s request to rejoin the Elected Officers’ Class.

(e) Senior Management Service Class members shall have membership in the Senior Management Service Class effective as provided in Rule 60S-1.0057, F.A.C.

History

Rulemaking Authority 121.031, 121.4501(8) FS. Law Implemented 121.011, 121.021, 121.021(39), 121.051(1), (2), 121.051(2)(b)6., 121.0511, 121.0511(6), 121.052, 121.053, 121.055, 121.081, 121.091(8), (13), 121.122, 121.35, 121.355, 121.4501, 1012.875 FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 10-2-78, 7-1-79, 7-1-80, 8-26-81, 1-19-82, 10-11-82, 1-18-83, 11-6-84, 4-17-85, Formerly 22B-1.04, Amended 2-4-86, 1-12-87, 3-11-87, 2-7-89, 9-5-90, 5-15-91, 11-14-91, Formerly 22B-1.004, Amended 3-18-93, 8-4-94, 4-5-95, 3-12-96, 12-12-96, 2-24-99, 9-17-03, 1-1-06, 4-5-12, 3-25-13, 6-28-18.

Fla. Admin. Code R. 60S-1.0045 Renewed Membership in the Regular Class and Senior Management Service Class

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091, 121.122 FS. History–New 11-14-91, Formerly 22B-1.0045, Amended 3-18-93, 5-10-99, 9-17-03, 4-5-12, 3-25-13, Repealed 1-31-18.

Fla. Admin. Code R. 60S-1.005 Special Risk Class; Legislative Intent and Procedures

(1) Legislative Intent. – The intent and purpose of the Legislature in establishing the Special Risk Class is provided in Section 121.0515(1), F.S.

(2) Eligibility – Any member who is employed as a law enforcement officer, a firefighter, a correctional officer, a community based probation officer with the Department of Corrections, a youth custody officer with the Department of Juvenile Justice, an emergency medical technician or paramedic, a fixed-wing aircraft pilot conducting aerial firefighting surveillance employed by the Division of Forestry of the Department of Agriculture and Consumer Services, a professional health care worker in a correctional or forensic facility or institution and employed by the Department of Corrections or the Department of Children and Family Services; a forensic worker employed by the Department of Law Enforcement in the crime laboratory or employed by the Division of the State Fire Marshal in the forensic laboratory, or a forensic worker employed by a local government law enforcement agency or medical examiner’s office who meet the criteria as set forth in Rule 60S-1.0051, 60S-1.0052, 60S-1.0053, 60S-1.00535, 60S-1.00537 or 60S-1.00539, F.A.C., shall be eligible for approval for Special Risk Class membership as provided in this section.

(3) Application. – The following procedures shall govern applications for Special Risk Class membership:

(a) Application procedures for officers and employees of state agencies.

Applying the requirements for Special Risk Class membership in subsection (2), the Department of Management Services shall specify those classes of positions established by the Division of Human Resource Management which shall be included in the Special Risk Class. The incumbents of such positions shall be entitled to Special Risk Class membership. If a class is not specified by the Department of Management Services, the employing agency may petition the State Retirement Commission for inclusion of a particular class among those specified as provided in Section 121.0515(3)(b), F.S.
Each state agency utilizing positions specified in subparagraph 1. shall submit the appropriate position class code on the Monthly Retirement Report, for each officer and employee who fills a position so specified.
The effective date of Special Risk Class membership for newly employed officers and employees who have been verified by the employing state agency and who are certified or required to be certified by the appropriate council or commission shall be the date of employment in a position specified as Special Risk Class as provided in subparagraph 1. Special Risk Class contributions shall begin at that time.

a. If a Regular Class member becomes employed in a Special Risk Class position or a position is reclassified as a Special Risk Class position, the effective date of Special Risk Class membership shall be the first day of the month in which the employee assumes the Special Risk Class position or the position is reclassified. Special Risk Class contributions shall be payable effective with the first salary paid on or after the first day of the month of Special Risk Class coverage.

b. If a Special Risk Class member changes to another position classified as Special Risk Class within the same set of criteria (e.g., a corrections officer I changing to a corrections officer II position), the employer shall submit the appropriate position class code for the new position on the Monthly Retirement Report.

c. If a Special Risk Class member changes to a Special Risk Class position under a different set of criteria (e.g., a transfer from law enforcement to a firefighter or correctional position), his or her employer shall submit the appropriate position class code for the new position on the Monthly Retirement Report.

(b) Application procedures for officers and employees of county agencies, district school boards, community colleges, and participating cities, independent special districts, metropolitan planning organizations, public charter schools or charter technical career centers, and those classified by the Judicial Administrative Classification Plan and the Department of Lottery.

Any Regular Class member who feels that he or she meets the requirements for Special Risk Class membership set forth in subsection (2), may request that his or her employer submit an application to the Division requesting that the Division designate him or her as a Special Risk Class member. Such member shall complete the employee portions of the appropriate Special Risk Class application. The employer shall promptly certify and submit to the Division the following documents:

a. The appropriate Florida Retirement System Application for Special Risk Class Membership.

(I) Florida Retirement System Application for Special Risk Class Membership for Law Enforcement/Correctional Officers, Form FRS-400 (Rev.04/00) http://www.flrules.org/Gateway/reference.asp?No=Ref-00324, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling outside the Tallahassee calling area or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771; or

(II) Florida Retirement System Application for Special Risk Class Membership Firefighters/Paramedics/EMTs, Form FRS-405 (Rev.10/03) http://www.flrules.org/Gateway/reference.asp?No=Ref-00325, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling outside the Tallahassee calling area or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771; or

(III) Florida Retirement System Application for Special Risk Class Membership for Forensic Discipline from October 1, 2005 through June 30, 2008, Form FRS-410 (Rev. 05/08) http://www.flrules.org/Gateway/reference.asp?No=Ref-00326, herein adopted by reference, which may be obtained by calling the Division Toll Free at (844)377-1888, if calling outside the Tallahassee calling area or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771; or

(IV) Florida Retirement System Application for Special Risk Class Membership for Forensic Discipline effective July 1, 2008, Form FRS-415 (05/08) http://www.flrules.org/Gateway/reference.asp?No=Ref-00327, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling outside the Tallahassee calling area or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

b. A current job description of the member’s duties showing the percentage of time spent performing each duty.

c. A copy of a personnel action form showing the effective date of membership in that position.

d. Organization chart including the applicant’s position for any members applying under supervisory criteria.

If the employer refuses to submit the member’s application to the Division, the employer shall notify the member of the refusal, together with the employer’s reasons for refusal. The member may then appeal this refusal to the State Retirement Commission pursuant to Section 121.0515(4)(a), F.S.
Upon receipt of the completed application, which shall include all of the items designated in subparagraph 1., above, the Division shall within 90 days determine if the member and the member’s position meets the requirements for Special Risk Class membership set forth in subsection (2). If the requirements for Special Risk Class membership are met, the Division shall approve the member for Special Risk Class membership which shall commence as follows:

a. When a newly employed member’s complete application is received by the Division of Retirement, the effective date of membership in the Special Risk Class shall be the date of employment in the approved position and Special Risk Class contributions shall be payable from that time.

b. If a Regular Class member changes to a Special Risk Class position within the employing agency and, upon submitting the complete Special Risk Class application, he or she is approved for Special Risk Class membership, the member shall have Special Risk Class coverage effective the first day of the month in which the employee assumes the Special Risk Class position. Special Risk Class contributions shall be payable effective with the first salary paid on or after the first day of the month of Special Risk Class coverage.

c. If a Special Risk Class member changes to another position within the same agency that is not an approved Special Risk Class position, or is employed with a new agency, the member must submit a complete application as provided in sub-subparagraph (3)(b)1.a. to the Division of Retirement.

d. If a Special Risk Class member changes to an approved Special Risk Class position, the employer shall submit the appropriate position class code for the new position on the Monthly Retirement Report.

e. If a Special Risk Class member changes to a Special Risk Class position under a different set of membership criteria (e.g., a transfer from law enforcement to a firefighter or correctional officer position), the member must submit a complete application for Special Risk Class membership, except that the employer of such officer who changes to an approved Special Risk Class position must submit only the appropriate position class code for the new position on the Monthly Retirement Report for such member.

Within 90 days of receipt of the application, the Division shall determine whether or not the member and the member’s position meet the requirements for Special Risk Class membership. If it is determined that the member or the member’s position does not meet the requirements, the Division shall notify the member by certified mail, with a copy to his or her employer, of the Administrator’s intended decision to disapprove the member’s application for Special Risk Class membership. This notice shall include a summary of the factual, legal and policy grounds for the intended decision.

a. When a member receives notice that the Administrator intends to deny his or her application for Special Risk Class membership, the member shall have 21 calendar days to present written evidence or objections challenging the grounds upon which the Administrator has based his or her intended decision.

b. If the Administrator overrules the objections of the member, the Administrator shall within 21 calendar days provide a written final decision on the merits to the member by certified mail with a copy to the member’s employer, giving the reasons for his or her final decision.

c. If the member does not accept the Administrator’s final decision on the merits, the member may request in writing, pursuant to section 121.23, F.S., chapter 60R-1, F.A.C., and the Uniform Rules in rule Chapter 28-106, F.A.C., a hearing on the denial of his or her application for Special Risk Class membership before the State Retirement Commission pursuant to Sections 120.569 and 120.57(1), F.S. Such request shall be filed with the Commission within 21 calendar days from the date the member receives notice of the Administrator’s final decision.

d. The decisions of the State Retirement Commission on matters brought before it under this paragraph shall be final agency action.

e. The decisions of the State Retirement Commission shall be reviewable by the District Court of Appeal pursuant to section 121.23, F.S.

A member who receives a final affirmative ruling on his or her appeal for Special Risk Class membership shall have Special Risk Class membership retroactive to the date such member would have had Special Risk Class membership had such membership been approved by the employer and the Division, as determined by the Division; and the employer contributions shall be paid in full within one year of such final ruling.

(4) Review of Special Risk Class Designations. – The Division shall from time to time review the Special Risk Class designation of members and determine whether or not those members meet the criteria for Special Risk Class membership. Upon request by the Division, recertification of a specified member or members shall be submitted by the employer. If the Administrator determines that a member or members do not meet the criteria, the notification and appeal procedure set forth in subparagraph 60S-1.005(3)(b)4., F.A.C., shall be followed. The effective date of such discontinuance shall be the first day of the month following the date of the Administrator’s final decision of discontinuance. Contributions shall be due at the Regular Class membership rate effective with the first salary paid on or after the day the member becomes a Regular Class member.

(5) Transfer to a Regular Class Position. – A Special Risk Class member who transfers to a position that does not qualify him or her for Special Risk Class membership shall have his or her designation of Special Risk Class membership discontinued and shall become a Regular Class member on the first day of the month following the date of such transfer. Contributions are payable at the Regular Class membership rate effective with the first salary paid on or after the day the member becomes a Regular Class member. The employer of such a member shall report the member’s change to membership in the Regular Class on the Monthly Retirement Report.

(6) Retroactive Special Risk Class Coverage. – A Special Risk Class member who was removed from the Special Risk Class effective October, 1978 solely because he or she did not possess the certification required in Rule 60S-1.0051, 60S-1.0052, or 60S-1.0053, F.A.C., may receive Special Risk Class credit for this period during which he or she was removed, provided:

(a) Certification was obtained and membership in the Special Risk Class was approved on or before June 30, 1982; and

(b) The employer verifies that all requirements for Special Risk Class membership were met during the period of removal except the requirement for certification or temporary waiver of certification; and

History

Rulemaking Authority 121.031, 121.0515, 121.4501(8)(a) FS. Law Implemented 121.021(15), 121.051, 121.0515, 121.23 FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 8-9-76, 1-16-77, 10-2-78, 1-19-82, 9-9-82, 11-6-84, 4-17-85, Formerly 22B-1.05, Amended 2-7-89, 11-14-91, Formerly 22B-1.005, Amended 1-25-94, 9-17-03, 4-5-12.

Fla. Admin. Code R. 60S-1.0051 Criteria for Special Risk Class Membership – Law Enforcement

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021(15), 121.0515, 121.052 FS. History–New 10-2-78, Amended 9-9-82, 4-17-85, Formerly 22B-1.051, 22B-1.0051, Amended 3-18-93, 4-5-12, Repealed 1-31-18.

Fla. Admin. Code R. 60S-1.0052 Criteria for Special Risk Class Membership – Firefighters

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021(15), 121.0515 FS. History–New 10-2-78, 4-17-85, Formerly 22B-1.052, 22B-1.0052, Amended 9-17-03, 4-5-12, Repealed 1-31-18.

Fla. Admin. Code R. 60S-1.0053 Criteria for Special Risk Class Membership – Correctional Officers

The criteria set forth below shall be used pursuant to Rule 60S-1.005, F.A.C., in determining membership in the Special Risk Class for members who are filling correctional officer positions, regardless of the title of such a position.

(1) Any member who seeks to be approved for Special Risk Class membership under this section, must be certified or required to be certified as a correctional officer in compliance with the Criminal Justice Standards and Training Commission, as provided in Section 943.1395, F.S.

(2) Any member who seeks Special Risk Class membership must hold one of the following correctional officer positions:

(a) Effective October 1, 1978, a correctional officer whose primary duty and responsibility is the custody and physical restraint, when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, or while on work detail or while being transported outside the facility.

(b) Effective October 1, 1978, a Warden or Assistant Warden (regardless of title) of a correction or detention facility where duly committed inmates are confined, housed, or maintained and where correctional officers are employed. Warden shall mean the person directly in charge of the day-to-day operations of a specific correction or detention facility. Assistant Warden shall mean the one person whose responsibilities include direct line authority from the Warden over all subordinate employees for the day-to-day operations at the facility. If no one employee in a corrections facility has such responsibility, then for retirement purposes there is no assistant warden at that facility, except that in large state institutions there may be more than one assistant warden if the institution is divided into units, each having an assistant warden with direct line authority from the warden over all subordinate employees for the day to day operations within the unit.

(c) Effective July 1, 1984, a command officer or supervisor of a Special Risk Class member or members holding a position as described in paragraph (2)(a), above.

(d) Effective January 1, 2001, a community-based correctional probation officer whose primary duties and responsibilities must be the supervised custody, surveillance, control, investigation, and counseling of assigned inmates, probationers, parolees, or community controllees within the community; or the supervisor of a member who has such responsibilities; or probation and parole circuit administrator, or deputy circuit administrator.

(e) Effective July 1, 2001 through June 30, 2014, a youth custody officer of the Department of Juvenile Justice whose primary duties and responsibilities must be the supervised custody, surveillance, control, investigation, apprehension, arrest, and counseling of assigned juveniles within the community.

(3) No administrative support personnel, including but not limited to those whose primary duties and responsibilities are in accounting, purchasing, legal, and personnel, shall be admitted to Special Risk Class membership.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021(15), 121.0515 FS. History–New 10-2-78, Amended 9-9-82, 11-6-84, 4-17-85, Formerly 22B-1.053, 22B-1.0053, Amended 9-17-03, 4-5-12, 12-30-14.

Fla. Admin. Code R. 60S-1.00535 Criteria for Special Risk Class Membership – Emergency Medical Technicians and Paramedics

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021(15), 121.0515, FS. History–New 9-17-03, Amended 4-5-12, Repealed 1-31-18.

Fla. Admin. Code R. 60S-1.00537 Criteria for Special Risk Class Membership – Certain Professional Health Care Workers

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021(15), 121.0515 FS. History–New 4-2-12, Repealed 1-31-18.

Fla. Admin. Code R. 60S-1.00539 Criteria for Special Risk Class Membership – Forensic Disciplines

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021(15), 121.0515 FS. History–New 4-2-12, Repealed 1-31-18.

Fla. Admin. Code R. 60S-1.0054 Special Risk Administrative Support Class

(1) Intent – In creating the Special Risk Administrative Support Class within the Florida Retirement System, the Legislature recognizes that when Special Risk Class members are employed or reassigned for training, career development or to fill a critical agency need they often fail to meet the criteria for Special Risk Class membership. They are then placed in the Regular Class of membership, thereby losing the earlier retirement date and the higher accrual rate offered Special Risk Class members. While it is not the intent of the Legislature to continue to provide the higher accrual rate for such members upon employment or reassignment to non-Special Risk Class positions, it is intended that such members who qualify for Special Risk Administrative Support Class membership and satisfy the vesting requirements for the Special Risk Class shall be entitled to count such Special Risk Administrative Support Class service towards their Special Risk Class normal retirement date.

(2) Eligibility – On or after July 1, 1982, a member being reassigned or employed by an agency shall participate in the Special Risk Administrative Support Class if:

(a) The member is employed by an agency whose primary purpose is law enforcement, firefighting, corrections, or emergency medical care, or if the employer has multiple responsibilities, the member must be employed by a unit of the agency whose primary purpose is law enforcement, firefighting, corrections, or emergency medical care; and

(b) The member is employed or reassigned by his or her employer to a non-Special Risk Class position which provides training and/or career development opportunities to the member, or fulfills a critical agency need; and

(d) The member remains certified by the appropriate authority and completes an aggregate of the years of service as a designated special risk member before retirement which is equal to or greater than the years of service required to be vested; and

(e) The member is subject to reassignment at any time to a Special Risk Class position.

(3) Application – The following procedures shall govern applications for Special Risk Administrative Support Class membership:

(a) The employer of a Special Risk Class member who is reassigned or employed in a position determined by the employer to be a Special Risk Administrative Support Class position shall submit to the Division of Retirement the following:

Florida Retirement System Application for Special Risk Administrative Support Class, Form FRS 404 (Rev. 11/02), http://www.flrules.org/Gateway/reference.asp?No=Ref-00408, herein incorporated by reference, which may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.
A current job description of the member’s duties showing the percentage of time spent performing each duty.
A copy of the appropriate certification or other evidence of certification as required by the Criminal Justice Standards and Training Commission in Section 943.1395, F.S., or the Firefighters Standards and Training Council in Section 633.35, F.S., or the Department of Health in Section 401.27, F.S.
A copy of a personnel action form showing the effective date of membership in that position.

(b) The Division of Retirement shall approve or disapprove all applications for Special Risk Administrative Support Class membership. If the requirements for Special Risk Administrative Support Class membership are met, the Division shall approve the member for membership as provided below:

When a newly employed member’s application is received by the Division of Retirement, the effective date of membership in the Special Risk Administrative Support Class shall be the date of employment in the position and Special Risk Administrative Support Class contributions shall be payable from that time.
If a former Special Risk Class member, now a Regular Class member, changes to a Special Risk Administrative Support Class position within the employing agency and, upon submitting the complete Special Risk Administrative Support Class application, he or she is approved for Special Risk Administrative Support Class membership, he or she shall have Special Risk Administrative Support Class coverage effective the first day of the month in which the employee assumes the Special Risk Administrative Support Class position. Special Risk Administrative Support Class contributions shall be payable effective with the first salary paid on or after the first day of the month of Special Risk Administrative Support Class coverage.
If a Special Risk Administrative Support Class member changes to another position within the same agency or is employed by another agency that meets the criteria under these rules, the employer must submit the same documents as required in paragraph (3)(a) above to the Division of Retirement.

(4) Transfer to a Regular Class Position – A Special Risk Administrative Support Class member who transfers to a Regular Class position that does not qualify him or her for Special Risk Administrative Support Class membership shall have his or her designation of Special Risk Administrative Support Class membership discontinued and shall become a Regular Class member on the first day of the month following the date of such transfer. Contributions are payable at the Regular Class membership rate effective with the first salary paid on or after the first day of the month the member becomes a Regular Class member. A state employer of such a member shall submit the appropriate position class code for the new position on the Monthly Retirement Report, which will indicate the member’s change to the Regular Class of membership. A local employer of such member shall only report the member’s change to membership in the Regular Class on the Monthly Retirement Report.

(5) Contribution – Contributions shall be paid in accordance with subsection 60S-3.003(3), F.A.C. Employers of members who fail to satisfy the vesting requirements for the Special Risk Class shall not be refunded contributions for Special Risk Administrative Support Class service.

(6) Retention of Special Risk Class Normal Retirement Date – A member who earns Special Risk Administrative Support Class credit and satisfies the vesting requirements for the Special Risk Class, as described in paragraph 60S-2.0041(2)(b), F.A.C., shall be able to include the Special Risk Administrative Support Class service towards the satisfaction of the Special Risk Class normal retirement date. If, at retirement, the member has failed to satisfy such vesting requirements, his or her Administrative Support Class service shall be calculated as Regular Class service in a dual normal retirement benefit.

(7) Retroactive Coverage – The provisions of this section shall apply retroactively for the period October 1, 1978, to on or before June 30, 1982, for eligible members as provided in paragraph 60S-2.0041(2)(d), F.A.C. In order to receive credit for retroactive service under this rule, the member must make application for his or her retroactive coverage and should consult paragraph 60S-2.0041(2)(d), F.A.C., of these rules for the procedure.

(8) Review of Special Risk Administrative Support Class Designations – The Division of Retirement shall from time to time review the Special Risk Administrative Support Class designation of members and determine whether or not those members meet the criteria for Special Risk Administrative Support Class membership.

(a) Upon request by the Division, recertification of a specified member or members shall be submitted by the employer. If the Division determines that a member does not meet the criteria, it shall follow the appeal procedure outlined in subsection 60S-1.0054(9), F.A.C., and notify the member of its intended decision to discontinue his or her membership in the Special Risk Administrative Support Class. The effective date of such discontinuance shall be the first day of the month following the date that final determination of the discontinuance is made. Contributions shall be due at the Regular Class membership rate effective with the first salary paid on or after the first day of the month the member becomes a Regular Class member.

(b) If the member does not accept the decision of the Division, he or she may petition the Division for an administrative hearing, pursuant to Sections 120.569 and 120.57, F.S. Such request shall be made within the time limitations of Rule 28-106.201, F.A.C.

(9) Appeal – Within 90 days of receipt of the application, the Division of Retirement shall determine whether or not the member meets the requirements for Special Risk Administrative Support Class membership. If it is determined that the member does not meet the requirements, the Division shall notify the member by certified mail, with a copy to his or her employer, of the Division’s intended decision to disapprove the member’s application for Special Risk Administrative Support Class membership. This notice shall include a summary of the factual, legal and policy grounds for the intended decision.

(a) When a member receives notice that the Division intends to deny his or her application for Special Risk Administrative Support Class membership, he or she shall have 21 calendar days to present written evidence or objections challenging the grounds upon which the Division has based its intended decision. If the Division receives no objections, final denial will be issued by the Division by certified mail at the conclusion of the 21 days.

(b) If objections are received in accordance with subsection (a), above, the Division shall within 20 calendar days of receipt of the objections provide a written explanation to the member by certified mail, giving the reasons for final acceptance or denial of the application. A copy of its written explanation shall be sent to the member’s employer.

(c) If the member does not accept the decision of the Division, the member may petition the Division for an administrative hearing on the denial of his or her application for Special Risk Administrative Support Class membership, pursuant to Sections 120.569 and 120.57, F.S. Such request should be made within the time limitations of Rule 28-106.201, F.A.C.

(d) A member who receives a final affirmative ruling on his or her appeal for Special Risk Administrative Support Class membership shall have such membership retroactive to the date the member would have had Special Risk Administrative Support Class membership had such membership been approved by the employer and the Division as determined by the Division; and the employer contributions shall be paid in full within one year of such final ruling.

History

Rulemaking Authority 121.031, 121.0515(8)(c) FS. Law Implemented 121.0515(8) FS. History–New 10-12-82, Amended 4-17-85, Formerly 22B-1.054, 22B-1.0054, Amended 1-25-94, 10-11-94, 9-17-03, 4-5-12.

Fla. Admin. Code R. 60S-1.0055 Elected Officers’ Class

History

Rulemaking Authority 121.031, 121.052(14) FS. Law Implemented 121.052, 121.053 FS. History–New 11-6-84, Amended 4-17-85, Formerly 22B-1.055, Amended 3-11-87, 11-14-91, Formerly 22B-1.0055, Amended 3-18-93, 2-24-99, 9-17-03, 4-5-12, 3-25-13, Repealed 1-31-18.

Fla. Admin. Code R. 60S-1.0057 Senior Management Service Class (SMSC)

(1) Compulsory Membership – Membership in the Senior Management Service Class shall be compulsory, except as provided in subsection 60S-1.0057(7), F.A.C., for any member of the Florida Retirement System or an existing system who holds any of the following positions:

Position

Effective date

(a) Positions assigned to the Senior Management Service, as provided in Part III of Chapter 110, F.S., and chapter 60L-31, F.A.C.

February 1, 1987 and after January 1, 1990

(b) Certain legislative positions as follows:

Up to 75 nonelective positions at the level of committee staff director or higher or equivalent managerial or policy-making positions within the House of Representatives, as selected by the Speaker of the House of Representatives.

Up to 50 nonelective positions at the level of committee staff director or higher or equivalent managerial or policy-making positions within the Senate, as selected by the President of the Senate.

All staff directors of Joint Committees of the Legislature.

The Auditor General and up to nine managerial or policy-making positions within his or her office as selected by the Auditor General.

The executive director of the Commission on Ethics.

The president of each community college.

The manager of each participating municipality or county.

All appointed district school superintendents.

January 1, 1990

(d) Certain State University System positions as follows:

State University System Executive Service positions.

State university presidents.

January 1, 1991

(e) Certain State Board of Administration positions as follows:

The senior managers who have policy-making authority as determined by the Governor, the Chief Financial Officer, and the Attorney General acting as the State Board of Administration.

January 1, 1991

(f) Certain judicial system positions as follows:

State Courts Administrator; Deputy State Courts Administrators; Clerk of the Supreme Court; Marshal of the Supreme Court; Executive Director of the Justice Administration Commission; Capital Collateral Regional Counsels; Clerks of the District Courts of Appeals; Marshals of the District Courts of Appeals; and Trial Court Administrators of each Judicial Circuit.

January 1, 1994

Chief Deputy Court Administrator

June 1, 2002

(g) Certain Department of Military Affairs positions as follows:

The Adjutant General, Assistant Adjutant General-Army, Assistant Adjutant General-Air, State Quartermaster, Director of Military Personnel, Director of Administration, and up to 4 additional directors as designated by the agency head, not to exceed a total of 10 positions.

July 1, 1996

(h) Judges of compensation claims within the Department of Labor and Employment Security.

July 1, 1999

(i) Assistant state attorneys, assistant statewide prosecutors, assistant public defenders, and assistant capital collateral regional counsels.

January 1, 2001

(j) Assistant attorneys general.

January 1, 2002

(k) Executive directors or staff directors of Metropolitan Planning organization participating in the FRS.

July 1, 2007

(2) Agency Optional Designation of SMSC Positions – certain positions within certain agencies may be designated for inclusion in the SMSC by the employing agency and if so designated shall have compulsory membership in the SMSC, except as provided in subsection 60S-1.0057(7), F.A.C., for any member of the Florida Retirement System or an existing system.

(a) These certain positions with certain agencies which may be designated for inclusion in the SMSC are as follows:

Effective January 1, 1994 – positions in the offices of the state attorney and the public defender in each judicial circuit may be designated for inclusion in the Senior Management Service Class as follows:

a. One nonelective full-time position may be designated for each state attorney’s office and each public defender’s office.

b. Additional nonelective full-time positions in such offices with 200 or more filled, regularly established positions may be designated, not to exceed 0.5 percent of the filled, regularly established positions in the office or agency.

Effective January 1, 1994, for local agencies such positions may be designated by each local agency employer as follows:

a. One nonelective full-time position may be designated for each local agency employer. Effective July 1, 2000, up to 10 nonelective full-time positions may be designated for each local agency employer.

b. Additional nonelective full-time positions in such agencies with 200 or more filled, regularly established positions may be designated, not to exceed 0.5 percent of the filled, regularly established positions in the office or agency. Effective June 17, 1998, additional nonelective full-time positions in such agencies with 100 or more filled, regularly established positions may be designated, not to exceed 1 percent of the filled, regularly established positions in the office or agency.

Effective July 1, 2007, for participating metropolitan planning organizations such positions may be designated by each metropolitan planning organization employer as follows:

a. Up to 10 nonelective full-time positions may be designated.

b. Additional nonelective full-time positions in such agencies with 100 or more filled, regularly established positions may be designated, not to exceed 1 percent of the filled, regularly established positions in the office or agency.

(b) Such designated positions must meet the following requirements:

The position must be managerial or policymaking; and
The position must be the head of an organizational unit, or responsible for effecting or recommending personnel, budget, expenditure, or policy decisions in its area of responsibility; and
The position must be one in which the employee filling the position is not subject to continuing contract and does not have civil service protection, that is, is subject to termination without cause.

Publish in a newspaper of general circulation in the county or counties affected, once a week for 2 consecutive weeks, a notice of intent to designate a position or positions for inclusion in the class; and
Complete Form SMSD-1 (Rev 08/00) http://www.flrules.org/Gateway/reference.asp?No=Ref-00333, Florida Retirement System Senior Management Service Class Designated Position Form, herein adopted by reference, which may be obtained from the Employer page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling outside the Tallahassee calling area or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. The position number of the designated position, consisting of from 1 to 10 numeric digits, must be included on the Form SMSD-1.

(d) Inclusion of the position in the SMSC shall be effective on January 1, 1994 or, if Form SMSD-1 is received by the Division after February 20, 1994, on the first day of the month following the month in which Form SMSD-1 is received by the Division.

(3) Removal of Positions from the SMSC – Each local agency employer may between July 1, 1997 and December 31, 1997, reassess its designation of positions for inclusion in the Senior Management Service Class as provided in subsection (2), and may request removal of any such previously designated positions that it deems appropriate. Such removal of positions shall be effective on the first day of the month following receipt of written notification by the Division before January 1, 1998.

(4) Effective Date of Membership in the SMSC – the effective date of membership shall be the latest of the following dates:

(a) Date of inclusion of position in the Senior Management Service Class, or

(b) Date of appointment to a Senior Management Service Class position, or

(c) For members of existing systems or the Special Risk or Special Risk Administrative Support Classes who are eligible for the options provided in subsection 60S-1.0057(7), F.A.C., the first day of the month during which such member files his or her written election for membership in the Senior Management Service Class, or 90 days after employment begins in a Senior Management Service Class position for such member who fails to elect membership in the Senior Management Service Class within such 90 day period.

(5) Termination of Membership in the SMSC – Membership in the Senior Management Service Class shall cease when a member terminates employment in a Senior Management Service Class position.

(6) Optional Membership – Membership in the Senior Management Service Class shall be optional for certain eligible members according to the following:

(a) Any member holding a position eligible for membership in the Senior Management Service Class who is a member of an existing retirement system may elect to remain in such system in lieu of participation in the Senior Management Service Class as follows:

Such election shall be made in writing with the personnel office of the employer and the Division within 90 days after employment begins in a Senior Management Service Class position.
Any such employee who fails to elect to remain in such system within such 90-day period shall be a compulsory member of the Senior Management Service Class as provided in subsection 60S-1.0057(1), F.A.C.

(b) Any member holding a position eligible for membership in the Senior Management Service Class position as provided in paragraphs 60S-1.0057(1)(a), (b), (e), (f), (g) and (h), F.A.C., who is a member of the Special Risk Class or the Special Risk Administrative Support Class of the Florida Retirement System, may elect to remain in such class in lieu of participation in the Senior Management Service Class as follows:

Such election shall be made in writing and filed with the personnel office of the employer and the Division within 90 days after employment begins in a Senior Management Service Class position.
Any such employee who fails to elect to remain in such class within such 90-day period, shall be a compulsory member of the Senior Management Service Class as provided in subsection 60S-1.0057(1), F.A.C.
If a Special Risk Class or a Special Risk Administrative Support Class member wishes to make such an election, the Senior Management Service Class position to which he or she is assigned must be an eligible Special Risk Class or Special Risk Administrative Support Class position.

(c) Any member of the Florida Retirement System Pension Plan or an existing system who is eligible for membership in the Senior Management Service Class as provided in paragraph 60S-1.0057(1)(c), subparagraphs (2)(a)2. and (7)(f)2., F.A.C., may elect to withdraw from the Florida Retirement System altogether, in lieu of membership in the Senior Management Service Class as follows:

Such election shall be made in writing to the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., in accordance with rule 19-11.006, F.A.C. Such election may be filed using the State Board of Administration form designed for ease of use; Form SMS-3, Local Senior Management Service Employees Retirement Plan Enrollment Form, adopted by reference in subsection 60S-1.004(1), F.A.C., or alternatively the employee may choose to submit a separate document in lieu of Form SMS-3, to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election. The election to withdraw altogether shall be irrevocable for as long as the employee holds a position eligible for membership in the Senior Management Service Class. The effective date of such election shall be the first day of the month following the month in which the Plan Choice Administrator receives the written election.
Such members are not eligible to participate in the Senior Management Service Optional Annuity Program administered by the Division of Retirement.

(d) Any member of the Florida Retirement System Pension Plan or an existing system who is eligible for membership in the Senior Management Service Class as provided in paragraph 60S-1.0057(1)(d), F.A.C., shall by default be enrolled into the State University System Optional Retirement Program (SUSORP) prospectively upon such eligible employment and; except for those filling a mandatory SUSORP position, may choose between membership in the Florida Retirement System or participation in the SUSORP within 90 days of employment as follows:

Employees enrolled by default into the SUSORP, except for those filling a mandatory SUSORP position as provided in Section 121.051, F.S., may choose between membership in the Florida Retirement System or participation in the SUSORP within 90 days of employment by filing such election in writing with the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., not later than 4:00 p.m. (Eastern Time) on the 90th day from the employee’s date of hire into the SUSORP eligible position in accordance with Sections 121.35 and 121.4501, F.S., and Rule 19-11.006, F.A.C. The eligible employee may use the State Board of Administration’s designed form for ease of use; ORP-16, State University System Optional Retirement Program (SUSORP) Retirement Plan Enrollment Form, adopted by reference in subsection 60S-1.005(1), F.A.C., to file such election or alternatively the employee may choose to submit a separate document in lieu of Form ORP-16, to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election.
Employees who file an election to participate in the SUSORP, other than mandatory SUSORP participants who must elect this option, must also execute a contract with a SUSORP provider company no later than the 90th day from the employee’s date of hire into the SUSORP eligible position in accordance with sections 121.35 and 121.4501, F.S., and rule 19-11.006, F.A.C., or shall by default have membership in the FRS commencing with the date of employment into the SUSORP-eligible position. Mandatory SUSORP participants must execute a contract with a SUSORP provider company otherwise contributions will not be allocated to a SUSORP provider company.
Employees enrolled by default in the SUSORP, except for mandatory SUSORP participants, who do not elect SUSORP participation and/or who do not execute a provider contract within the 90-day period as provided in subparagraph 2. or to make the election as provided in paragraph 60S-1.0057(1)(a) or (b), shall by default have membership in the FRS commencing with the date of employment into the SUSORP-eligible position.
An election to participate in SUSORP is irrevocable for as long as an employee remains in the SUSORP-eligible position.

(e)1. Effective July 1, 1997, within 6 months of assuming office or within 6 months of July 1, 1997, the following elected officers eligible for membership in the Elected Officers’ Class and who have not previously retired from a State of Florida administered retirement plan, may elect membership in the Senior Management Service Class in lieu of the Elected Officers’ Class:

a. Any elected state officer; and

b. Any elected county, municipality, or independent special district officer.

Such elected officer may file their election in writing to the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., no later than the last business day of the 6th month after assuming elected office as provided in Sections 121.055, and 121.4501, F.S. and Rule 19-11.006, F.A.C., using the SBA designed form for ease of use; Form EOC-1, Elected Officers’ Class Retirement Plan Enrollment Form adopted by reference in subsection 60S-1.004(1), F.A.C., or alternatively the employee may choose to submit a separate document in lieu of Form EOC-1 to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her election.

(f) Assistant state attorneys, assistant statewide prosecutors, assistant public defenders, and assistant capital collateral regional counsels shall not be eligible to participate in the Senior Management Service Optional Annuity Program.

(7) A member of the Senior Management Service Class shall retain all rights and creditable service accumulated in the Florida Retirement System or existing system prior to membership in the Senior Management Service Class.

History

Rulemaking Authority 121.031, 121.4501(8) FS. Law Implemented 121.051, 121.055 FS. History–New 1-12-87, Amended 2-7-89, 9-5-90, 11-14-91, Formerly 22B-1.0057, Amended 1-25-94, 8-4-94, 12-12-96, 2-24-99, 9-17-03, 4-5-12, 3-25-13, 6-28-18.

Fla. Admin. Code R. 60S-1.007 Admission of Cities, Independent Special Districts, Metropolitan Planning Organizations, Public Charter Schools and Public Charter Technical Career Centers to the Florida Retirement System

(1) Social Security Coverage Required – Any municipality or independent special district or unit thereof, or metropolitan planning organization, public charter school or public charter technical career center desiring to participate in the Florida Retirement System must be approved for social security coverage by the United States Secretary of Health and Human Services and the Administrator prior to participating in the Florida Retirement System. Application for social security coverage shall be made to the Administrator in accordance with Chapter 650, F.S.

(2) Request for Membership – The governing body of the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center desiring to participate in the Florida Retirement System shall submit a request to the Administrator. This request must indicate whether or not the present officers and employees are covered by a retirement system and whether or not they are covered by social security.

(3) Ordinance or Resolution – The Administrator shall furnish the governing body of the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center a sample ordinance or resolution, whichever is applicable, which may be used by the governing body of the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center in setting forth the terms under which the benefits of the Florida Retirement System will be extended to the officers and employees of the covered group.

(4) The ordinance adopted by a municipality and the resolution adopted by an independent special district, metropolitan planning organization, public charter school or public charter technical career center shall include the following:

(a) Designation of those officers and employees who are eligible and those officers and employees who are not eligible for participation in the Florida Retirement System.

(b) A declaration of the intent of the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center to extend the benefits of the Florida Retirement System to all eligible officers and employees as of a specific date.

(c) Designation of an official of the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center to execute agreements and amendments thereto with the Director of the Division of Retirement.

(d) Provisions for withholding from employees’ compensation each pay period the social security contributions required by Rule 60S-3.010, F.A.C.

(e) Provisions for the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center to remit to the Division each pay period in accordance with Rule 60S-3.011, F.A.C., the contributions required to be paid pursuant to Rule 60S-3.003, F.A.C.

(f) Provisions for the establishment, maintenance, and submission of such records relating to the Florida Retirement System as are required by the Administrator.

(g) Certification of the effective date of the ordinance or resolution.

(5) Agreement – The governing body of each municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center not participating in an existing retirement system on November 30, 1970, which desires to participate in the Florida Retirement System shall be required to enter into an agreement with the Director of the Division of Retirement. The agreement shall include the following provisions:

(a) That benefits shall be provided for all eligible officers and employees in accordance with the provisions of Chapter 121, F.S., and these rules and regulations.

(b) That the required contributions for social security shall be deducted from the compensation of all members each pay period and shall be remitted as required by Rule 60S-3.010, F.A.C.

(c) That the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center shall remit to the Division each pay period in accordance with Rule 60S-3.011, F.A.C., the contributions required to be paid pursuant to Rule 60S-3.003, F.A.C.

(d) That failure of the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center to comply with the agreement with regard to the payment of employer and employee retirement contributions when due shall be the basis for the Administrator invoking the applicable provisions of Rule 60S-3.011, F.A.C.

(e) That the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center shall establish and maintain such records and make such reports relating to the Florida Retirement System as may be required by the Administrator.

(f) That the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center shall or shall not provide for all or any part of the past service of its employees. This part of the agreement shall be binding and irrevocable effective with the date of coverage in the Florida Retirement System.

If past service is to be provided, the agreement must stipulate the amount of past service to be provided by the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center. The cost of such past service shall be computed by the Division of Retirement. If the agency does not wish to pay the entire cost immediately, a 10% down payment shall be required and the balance shall be paid in yearly installments amortized over a period determined by the following formula: The average age of the employees of the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center joining the system is subtracted from the normal retirement age for a Regular Class member of the Florida Retirement System as defined in Section 121.021(29), F.S., and the difference shall be the maximum number of years, not to exceed 15 years, over which the payments may be amortized. The agency may elect to amortize payments over a shorter period of time than the maximum years allowed. Interest charged shall be 4 percent compounded annually until July 1, 1975 and 6.5 percent compounded annually thereafter until date of payment.
At the time the agency begins participating in the Florida Retirement System, the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center shall provide certification of monthly service and earnings for all employees eligible to claim past service credit, whether or not the past service credit is purchased by the employer.

(g) That the agreement may not be revoked, except as provided in subsection 60S-1.007(8), F.A.C., and that all officers and employees employed on or after the effective date of the agreement shall be compulsory members of the Florida Retirement System as a condition of employment.

(6) Certified Financial Statement – The governing body of a municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center which has a local retirement system shall, prior to the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center being approved for participation in the Florida Retirement System, submit to the Administrator a certified financial statement showing the condition of the local retirement system as of a date within 3 months prior to the effective date of membership in the Florida Retirement System. The statement shall be certified by a recognized accounting firm which is independent of the local retirement system.

(7) Referendum – The governing body of a municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center which has an existing retirement system covering the employees in the units that are to be brought under the Florida Retirement System shall, prior to the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center being approved for participation in the Florida Retirement System may participate only after holding a referendum as provided in and in accordance with Section 121.051(2)(b)2., F.S.

(8) All required documents necessary for extending Florida Retirement System coverage shall be delivered to the Division of Retirement for consideration at least 15 days prior to the effective date of coverage. If this is not complied with, the Division of Retirement may require that the effective date of coverage be changed.

(9) The governing body of a municipality or independent special district that participates in the Florida Retirement System may revoke its election to participate with an effective date of January 1, 1996, in accordance with the provisions of Section 121.0511, or 121.051(2)(b)5, F.A.C.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021(34), 121.051(2)(b), (3), 121.051, 121.0511 FS. History–New 1-1-72, Amended 12-31-74, 1-16-77, 8-26-81, 1-19-82, 11-6-84, Formerly 22B-1.07, Amended 5-19-91, Formerly 22B-1.007, Amended 3-12-96, 4-5-12, 3-25-13.

Fla. Admin. Code R. 60S-1.0075 Transfer, Merger, or Consolidation of Governmental Units, Services, or Functions

(1) The agency join, transfer, merger, or consolidation of governmental units, services, or functions, either at the state or local level or between levels of government, shall not result in the impairment or reduction in retirement benefits of any employee.

(2) Any Florida Retirement System (FRS) participating employer that undertakes the agency join, transfer, merger, or consolidation of governmental services or functions shall notify the Division of Retirement 60 days prior to such action. At the time the agency join, transfer, merger, or consolidation becomes effective, the agency shall provide:

(a) A copy of the official document that authorized the agency join, transfer, merger, or consolidation (e.g., agreement, resolution, ordinance, or statute);

(b) Certification of monthly service and earnings for all past service which newly enrolled members are eligible to claim in accordance with subsections 60S-2.003(3) and (6), F.A.C.; and

(c) A statement concerning each newly enrolled member’s eligibility for benefits from any local retirement system maintained by a governmental unit involved in the agency join, transfer, merger, or consolidation.

(3) When an agency join, transfer, merger, or consolidation results in an employee’s employing unit becoming a FRS participating employer, the following shall apply:

(a) If the employee is not a member of a local retirement system, the employee eligible for FRS membership shall be enrolled as a member of the FRS as of the effective date of the agency join, transfer, merger, or consolidation.

(b) If the employee is a member of a local retirement system, including a system established in accordance with Chapter 175 or 185, F.S., the employee must elect in writing, as of the effective date of the agency join, transfer, merger, or consolidation, whether to remain in said local retirement system or transfer to the FRS.

If the employee elects to remain a member of the local system, such membership shall continue, except as provided in sub-subparagraph a., as long as the employee remains employed by the participating employer to which the employing unit was agency joined, transferred, merged, or consolidated.

a. If the member retires from the local system and remains employed or is reemployed with the same employer, the employee eligible for FRS membership shall be enrolled as a member, provided credit is no longer accruing toward a benefit under said local system, except that members of a local retirement system, whose employer becomes covered under the FRS due to agency join, transfer, merger or consolidation, and those employees participating in a Deferred Retirement Option Program of the local retirement plan are considered temporary employees under the FRS until the employee’s Deferred Retirement Option Program participation is completed.

b. If an employee covered under this subparagraph who rejected the opportunity to transfer to the FRS upon the agency join, transfer, merger, or consolidation subsequently becomes a member of the FRS, the member may claim rejected past service at total actuarial cost as provided in subsections 60S-2.003(3) and (6), F.A.C.

If the employee elects to become a member of the FRS at the time of the agency join, transfer, merger, or consolidation, the member may claim past service as creditable service under the FRS in accordance with subsections 60S-2.003(3) and (6), F.A.C.

(4) When an agency join, transfer, merger, or consolidation results in a member’s employing unit ceasing to be a FRS participating employer, the following shall apply:

(a) If the governmental unit, service, or function to which the member’s employing unit is agency joined, transferred, merged, or consolidated operates, maintains, or participates in a local retirement system, such member must elect in writing, as of the effective date of the agency join, transfer, merger, or consolidation, whether to remain in the FRS or transfer to the local retirement system.

(b) If the governmental unit, service, or function to which the member’s employing unit is agency joined, transferred, merged, or consolidated does not operate, maintain, or participate in a local retirement system, such member shall continue membership in the FRS.

(c) If the member remains in the FRS, as provided in paragraph (a) or (b), membership shall continue as long as the member is employed by the agency to which the unit was agency joined, transferred, merged, or consolidated.

(5) Any officer or employee of the consolidated or interim governments of Jacksonville, Florida who was enrolled in the FRS or a state retirement system administered under Chapter 121, F.S., as of May 15, 1976, regardless of the fact that such consolidated or interim governments did not qualify as “employers” as defined in Rule 60S-6.001, F.A.C., shall be deemed to have been a member of the retirement system in which the employee was enrolled during the period of such enrollment and employment by the consolidated or interim governments, subject to the following conditions:

(a) Such membership shall continue as long as the member remains an officer or employee of the consolidated or interim governments of Jacksonville, Florida.

(b) The member shall not have received a refund of employee contributions. If the member has received a refund of employee contributions or if a refund is received in the future, participation in the state retirement system shall cease with the date of the refund.

(c) Credit shall not be granted for service in such employment for any service prior to May 15, 1976 for which contributions were not paid as of May 15, 1976.

(6) “Agency join” occurs when an agency chooses to participate in the FRS as defined in Section 121.051(2)(b), F.S.

History

Rulemaking Authority 121.031 FS. Law Implemented 112.0515, 121.011, 121.081 FS. History–New 5-15-91, Formerly 22B-1.0075, Amended 12-30-14, 6-28-18.

Fla. Admin. Code R. 60S-1.008 Retirement Membership for Dual Employment

History

Rulemaking Authority 121.031 FS. Law Implemented 121.031, 121.052 FS. History–New 12-31-74, Amended 7-1-79, 1-18-83, 2-6-84, Formerly 22B-1.08, Amended 5-15-91, 11-14-91, Formerly 22B-1.008, Repealed 1-31-18.

Chapter 60S-2 CREDITABLE SERVICE

Fla. Admin. Code R. 60S-2.001 Scope and Purpose

History

Rulemaking Authority 121.031 FS. Law Implemented 121.031 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Formerly 22B-2.01, Amended 9-8-92, Formerly 22B-2.001, Repealed 12-22-15.

Fla. Admin. Code R. 60S-2.002 Statements of Policy

(1) The Administrator may require the submission of any evidence necessary to establish a member’s claim of creditable service.

(2) A member shall not receive more than one year of creditable service for any 12-month period of employment.

(3) The method provided in subsection (4) for determining service credit shall apply to all employees who retire on or after October 1, 1974, under the Florida Retirement System (Chapter 121, F.S.), the Teachers’ Retirement System (Chapter 238, F.S.), the State and County Officers and Employees’ Retirement System (Chapter 122, F.S.), the Highway Patrol Pension Trust Fund (Sections 321.15-.222, F.S.), the Public Officers and Employees’ General Provisions (Section 112.05, F.S.), and the Judicial Retirement System (Chapter 123, F.S.). The method provided in subsection (4), for determining service credit shall apply to any service earned through employment with an employer under the retirement system, except as otherwise provided in Chapters 121 and 238, F.S.

(4) Method for determining retirement service credit:

(a) A member’s retirement service credit shall be measured in terms of years and fractions thereof during each fiscal year, as defined in subsection 60S-6.001(29), F.A.C. A year of service credit consists of 12 months of service credit in a fiscal year (July 1 through June 30), except as otherwise provided herein pursuant to the Florida Statutes for employees whose approved work year is less than 12 months or whose approved service credit year is not July 1 through June 30. A member who earns 12 full months of service credit during the service credit year shall be granted one year of service credit for that year. A member who earns less than 12 months of service credit, except when a work year less than 12 months has been approved pursuant to Florida Statutes, shall receive a fraction of a year of service credit, such fraction to be determined by dividing the number of months and fractions thereof of service credit earned by 12. A member for whom a shorter work year has been approved pursuant to law shall receive a year of service credit if he or she earns a full month of service credit for each month of the approved work year. If such member earns service credit for fewer months than comprise his or her work year, he or she shall receive a fraction of a year of service credit, such fraction to be determined by dividing the number of months and fractions thereof of service earned by the number of months in the approved work year.

(b) The approved work year pursuant to Florida Statutes for the purpose of determining service credit in accordance with this policy is as follows:

For academic or instructional employees (including substitute teachers eligible for membership) of a district school board, participating public charter school or charter technical career center, community college, or state university: The work year shall be the number of months in the full contract year or nine months, whichever is greater, as specified by the contract between the employee and the school system in accordance with law (Chapters 1012 and 1001, F.S.). The approved work year for any member included in the definition of “teacher” in Section 238.01(3), F.S., who is not an employee of a district school board, participating public charter school or charter technical career center, community college, or state university, but whose work year is less than 12 months, shall be the school or contract year or nine months, whichever is greater, as approved by the Division of Retirement.
For non-academic or non-instructional employees (including teacher aides) of a district school board, participating public charter school or charter technical career center, community or junior college, or state university; or employees of a participating employer other than a school board whose total employment is to provide services to a school board for the school year only: The work year shall be the number of months in the school year, or nine months, whichever is greater, as certified by the employing agency, subject to review and approval by the Division of Retirement.
For seasonal employees (pursuant to Sections 121.051(6)(a) and 122.07, F.S.): The work year shall be 12 months during the fiscal year.
For all other employees: The work year shall be 12 months during the fiscal year.
For an employee of any district school board, participating public charter school or charter technical career center, community or junior college, or state university, who moves from one position to another position having a different approved work year: If all employments are with any school, college, or university system of the state, all of his or her service credit for that fiscal year shall be based on the shortest work year under which any service credit was earned. If all employments are not with a school, college, or university system of the state, the employee’s service credit for that fiscal year shall be based on each of the different work years under which service credit was earned.

For service performed prior to July 1, 1974: A month of service credit shall be awarded for each month during which the member is paid a salary payment for employment.
For service performed on and after July 1, 1974: A month of service credit shall be awarded for each month during which the member is paid a salary payment of at least $100. If a member is paid less than $100 during a month of employment, his or her service credit for that month shall be a fraction of a month of credit, such fraction to be determined by dividing his or her actual salary payment by $100.
For service performed on and after July 1, 1979: A month of service credit shall be awarded for each month during which the member is paid a salary payment of at least $250. If a member is paid less than $250 during a month of employment, his or her service credit for that month shall be a fraction of a month of credit, such fraction to be determined by dividing his or her actual salary payment by $250. If a member earns $250 in a month, but is paid less than that amount because of participation in a deferred salary plan, he or she shall be entitled to receive a full month of service credit for each such month, provided the Division is notified and verification of deferred salary payments is submitted.
For service performed on and after July 1, 1985: A month of service credit shall be awarded for each month during which the member is paid a salary payment for employment.

(d)1. For service performed prior to January 1, 1999, service credit for members holding an elective public office shall be granted as follows:

a. All elected public officials holding a commission of office from the Secretary of State shall receive service credit based on their terms of office.

b. All other elective public officers shall receive service credit in accordance with paragraph (c).

For service performed on and after January 1, 1999, service credit for members holding an elective public office shall be granted in accordance with paragraph (c).

(e) In accordance with instructions issued by the Division of Retirement, employers shall identify all members of the retirement systems who work for a school system (district school board, participating public charter school or charter technical career center, community college, or state university) whose work year is less than 12 months. Each such identification shall also indicate the number of months in the member’s work year. If salary payments are made in a greater or lesser number of months than the work year due to agency payroll procedures, the work year reported shall be the lesser of either the number of months paid or the number of months in the work year except that it shall not be less than 9 months.

(f) Service credit shall not be granted beyond the month of termination at retirement or death, except as provided in subsection 60S-2.010(4), F.A.C.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021, 121.031, 121.0515, 121.091, 121.111 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 12-31-74, 1-16-77, 7-1-79, 12-22-80, 8-26-81, 2-6-84, 11-6-84, 4-17-85, Formerly 22B-2.02, Amended 2-4-86, 3-11-87, 9-5-90, Formerly 22B-2.002, Amended 2-24-99, 8-13-03, 4-5-12.

Fla. Admin. Code R. 60S-2.003 Credit for Past Service

Past service credit in the Florida Retirement System is available to the member for service rendered in seven different sets of circumstances, with the particular set of circumstances under which the service is rendered determining the cost for claiming past service credit. The conditions and circumstances under which the past service credit may be claimed are as follows:

(1) Past service may be claimed by a member who was an officer or employee of a municipality, independent special district, metropolitan planning organization, charter school, or charter technical school on the date it was approved for participation in the Florida Retirement System, subject to the following:

(a) The member must have been in the active employ of the municipality, independent special district, metropolitan planning organization, charter school, or charter technical school on the date the municipality, independent special district or metropolitan planning organization, charter school, or charter technical school commenced participating in the Florida Retirement System, and must have selected membership in the Florida Retirement System if such option was given;

(b) The member must have been filling a regularly established position, as defined in Rule 60S-6.001, F.A.C., during the period of service for which he or she claims past service credit;

(c) The member may not receive past service credit for any leaves of absence without pay, with the exception of active military service leaves of absence claimed in accordance with subsection 60S-2.005(1), F.A.C.;

(d) If the member does not desire to receive credit for all of his or her past service, the period he or she claims must be the most recent past service prior to his or her participation in the Florida Retirement System;

(e) Certification of monthly service and earnings for the past service claimed must be submitted by the member’s employer; and

(f) The required contributions must be made in accordance with subsection 60S-3.004(1), F.A.C.

(g) Past service under this subsection may be claimed as Special Risk Class service valued at 2% per year by current or former Special Risk Class members of the Florida Retirement System. Such additional credit may be purchased at the time the employee becomes a member of the Florida Retirement System or at any time prior to retirement. In addition to conditions (a) through (f), the following conditions must be met:

The service must satisfy the criteria established for the Special Risk Class as provided in Rule 60S-1.0051, 60S-1.0052, 60S-1.0053, 60S-1.00535 or 60S-1.00539, F.A.C., of these rules, except that a certificate or waiver of certificate shall not be required. Verification that the service satisfies the criteria shall be provided by the municipality, independent special district, metropolitan planning organization, charter school, or charter technical school on Form FRS-401 (Rev. 07/99), http://www.flrules.org/Gateway/reference.asp?No=Ref-00338, Florida Retirement System Special Risk Credit for Past Service, herein adopted by reference, and must be approved by the Division. Form FRS-401 may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.
The member will be notified of the additional contributions required in accordance with paragraph 60S-3.004(1)(d), F.A.C. Such contributions may be paid by the member or by the employer on behalf of the member.

(2) A member who has service with a municipality, independent special district or metropolitan planning organization, charter school, or charter technical school of the state which cannot be claimed under subsection (1) above, because the municipality, independent special district, metropolitan planning organization, charter school, or charter technical school has not joined the Florida Retirement System, because the member was not an employee of the municipality, independent special district, metropolitan planning organization, charter school, or charter technical school, at the time it commenced participating in the Florida Retirement System, or because the member rejected the Florida Retirement System at the time the municipality, independent special district, metropolitan planning organization, charter school, or charter technical school began participating in the Florida Retirement System, may receive past service credit for employment with any municipality, independent special district, metropolitan planning organization, charter school, or charter technical school of the state, subject to the following:

(a) The member must have been filling a regularly established position, as defined in Rule 60S-6.001, F.A.C., during the period of service for which he or she claims past service credit;

(b) The member may not receive past service credit for any leaves of absence without pay;

(c) Certification of monthly service and earnings for the past service claimed must be submitted by the member’s employer; and

(d) The required contributions must be made in accordance with subsection 60S-3.004(2), F.A.C. Past service under this subsection may not be purchased until the member’s retirement date has been established.

(3) Past service credit may be claimed by a person who becomes a member of the Florida Retirement System by virtue of the transfer, consolidation or merger of governmental units or functions at any level of government or through the assumption of functions or activities by an employer under the system from an employing entity that was not an employer under the system. A person who, prior to becoming a member of the Florida Retirement System, became a member of an existing system prior to December 1, 1970 by virtue of a transfer, consolidation, merger or assumption of functions or activities as described herein, shall also be eligible to claim past service in accordance with this subsection. The following conditions shall apply to past service credit under this subsection:

(a) Past service credit may be claimed only for service with the function or activity that is consolidated, merged, transferred or assumed by an employer under the system;

(b) The member may not receive past service credit for leaves of absence without pay, with the exception of active military service leaves of absence claimed in accordance with subsection 60S-2.005(1), F.A.C.;

(c) The member must have been filling a regularly established position, as defined in Rule 60S-6.001, F.A.C., during the period of service being claimed;

(e) Certification of monthly service and earnings for the past service claimed must be submitted by the member’s employer; and

(f) The required contributions must be made in accordance with subsection 60S-3.004(3), F.A.C.

(g) Past service credit under this subsection may be claimed as Special Risk Class service valued at 2% per year by current or former Special Risk Class members of the Florida Retirement System. Such additional credit may be purchased at the time the employee becomes a Special Risk Class member of the Florida Retirement System or at any time prior to retirement. In addition to conditions (a) through (f), the following conditions must be met:

The service must satisfy the criteria established for the Special Risk Class as provided in Rule 60S-1.0051, 60S-1.0052, 60S-1.0053, 60S-1.00535, or 60S-1.00539, F.A.C., of these rules, except that a certificate or waiver of certificate shall not be required. Verification that the service satisfies the criteria shall be provided by the municipality, independent special district, metropolitan planning organization, charter school, or charter technical school on the forms provided by the Division. Such verification is subject to approval by the Division.
The member will be notified of the additional contributions and interest required in accordance with paragraph 60S-3.004(1)(d), F.A.C. Such contributions and interest may be paid by the member or by the employer on behalf of the member.

(4) Past service may be claimed for retirement credit for the period of time a member was employed prior to January 1, 1968, in the Cuban Refugee Assistance Program administered by the Florida State Department of Public Welfare or the Florida State Board of Health, if:

(a) Credit for such service has not been granted under any other state or federal retirement or pension system;

(b) The past service is verified by the employer and approved by the Administrator; and

(5) Past service may be claimed for retirement credit for the period of time a member was employed in a Multiple Offender Project funded by a Federal Government grant to a local government not covered by Chapter 121, F.S., if:

(a) Credit for such service has not been and will not be granted under any other state or local retirement or pension system;

(b) The project was implemented by a State Attorney who had the authority for hiring and firing the employees of the project;

(d) The past service is verified by the employer if required and approved by the Division of Retirement; and

(e) The required contributions are made in accordance with subsection 60S-3.004(5), F.A.C.

(6) Past service with the City of Jacksonville prior to July 1, 2004, may be claimed for retirement credit by employees of the Fourth Judicial Circuit who were in an employee-employer relationship with the City of Jacksonville on June 30, 2004, and who became employees of the State Courts System on July 1, 2004, as a result of the implementation of Revision 7 to Article V of the State Constitution if:

(a) Credit for such service has not been and will not be granted under any other state or local retirement or pension system; and

(b) The required contributions are made in accordance with subsection 60S-3.004(6), F.A.C.

(7) Past service may be claimed for retirement credit for the period of time a member was employed prior to July 1, 1996 by a dependent governmental entity within the jurisdiction of an independent participating agency when such independent agency failed to report such employee for membership in the Florida Retirement System as required by this chapter. Such employees may claim past service as provided in subsection 60S-2.003(1), F.A.C.

(8) A member may not claim credit for past service which is used to qualify for a benefit under any retirement system.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021(18), 121.0515, 121.65(2), 121.081(1) FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 1-16-77, 8-26-81, 1-19-82, 1-18-83, 4-17-85, Formerly 22B-2.03, Amended 5-15-91, Formerly 22B-2.003, Amended 4-5-95, 12-12-96, 4-5-12, 3-25-13.

Fla. Admin. Code R. 60S-2.004 Credit for Prior Service

(1) Prior service credit may be claimed by any member of the Florida Retirement System who complies with the provisions of this section and whose prior service conforms to any of the following circumstances:

(a) Refunded Service Under an Existing System –

The service must have been service that was credited under an existing system (this shall include service which was credited to the member under an existing system at no cost to the member); and
The member must have terminated employment and received a refund of contributions.

(b) Non-Membership Service –

The service must have been:

a. Service with an employer who was participating in an existing system at the time the service was performed; or

b. Service with an employer prior to the establishment of an existing system, provided the employer’s participation began at the time the existing system was established; or

c. Service with an employer prior to the employer’s participation in an existing system. To be eligible to claim such prior service the member must have become a member of the existing system on the date the employer joined the existing system.

The employee was not a member of the existing system and paid no retirement contributions on the prior service; and
The service was performed prior to the establishment of the State University System Optional Retirement Program in accordance with Section 121.35, F.S., and Title 60U, F.A.C.
Service performed as a participant of the Senior Management Service Optional Annuity Program in accordance with section 121.055, F.S., and Title 60V, F.A.C.

(b) The member must make the required contributions for such prior service in accordance with subsection 60S-3.005(1), F.A.C.

(c) If a member does not claim credit for all of his or her prior service, the service he or she claims must be his or her most recent period of service.

(2) The provisions for claiming prior service are as follows:

(a) The member must be reemployed for one complete year of creditable service within a period of 12 consecutive months except as provided in subsections 60S-2.010(3) and (4), F.A.C. Service which may be used to satisfy this requirement may include:

Any period of leave, with or without pay, after initial reemployment and during the 12-month period.
Service with more than one employer, provided the service is continuous.
Service performed as a participant of the State University System Optional Retirement Program in accordance with Section 121.35, F.S., and Title 60U, F.A.C.
Service performed as a participant of the Senior Management Service Optional Annuity Program in accordance with Section 121.055, F.S., and Title 60V, F.A.C.

(b) The member must make the required contributions for such prior service in accordance with subsection 60S-3.005(1), F.A.C.

(c) If a member does not claim credit for all of his or her prior service, the service he or she claims must be his or her most recent period of service.

(3) A member who elected to transfer to the Florida Retirement System from an existing system may receive credit for prior service under the provisions of the existing system provided:

(a) He or she was eligible under the provisions of the existing system to claim the prior service at the time of the transfer.

(b) He or she makes the required contributions for such prior service as provided in subsection 60S-3.005(3), F.A.C.

(4) Prior service as described in paragraph (1)(a), (b), or (c) of this rule, may only be claimed as Regular Class service. Prior service as described in paragraph (1)(d) or (e), will be credited according to the class of membership of the member during the period claimed. Prior service claimed as provided in subsection (3), above, shall be credited in accordance with the provisions of the former system. Prior service as described in paragraph (1)(e) of this rule, shall be credited in accordance with the provisions of the highway patrol pension plan in effect during the period claimed. However, if the member terminated and withdrew his or her retirement contributions, and was thereafter enrolled in the State and County Officers and Employees’ Retirement System and/or the Florida Retirement System, the service shall be credited as Regular Class service in the Florida Retirement System.

(5) Any governmental entity may contribute up to 50% of the amount required to purchase any prior service claimed under paragraph (1) (b) or (c) of this section.

(6) Retirement credit for prior service shall be claimed on the forms and in the manner prescribed by the Division.

(7) Educational Leave with Pay – Employees of a state agency, who were members of a state administered retirement system and who were granted educational leave with pay pursuant to a written educational leave with pay policy, may claim such periods of educational leave as prior service subject to the following conditions:

(a) The educational leave must have occurred prior to December 31, 1971; and

(b) The member must satisfy the vesting requirements as provided in Rule 60S-4.003, F.A.C., excluding the period of the educational leave; and

(c) The employee must have returned to employment with a state agency that participated in the state administered retirement system, and the return must have been immediately upon termination of the educational leave, and the employee must have remained on the employer’s payroll for at least one calendar month following his or her return to employment; and

(d) The employee must be a member of the Florida Retirement System at the time he or she claims such service; and

(e) Not more than 24 months of creditable service may be claimed for such period of educational leave with pay; and

(f) The service shall not be claimed under any other state or federal retirement system; and

(g) The member must make the required contributions for such prior service in accordance with paragraph 60S-3.005(1)(d), F.A.C.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021, 121.081 FS. History–New 1-1-72, Amended 10-20-72, 1-16-77, 7-1-79, 1-19-82, 11-6-84, Formerly 22B-2.04, Amended 2-4-86, 3-11-87, 2-7-89, Formerly 22B-2.004, Amended 12-30-99, 8-13-03, 4-5-12.

Fla. Admin. Code R. 60S-2.0041 Credit Toward Special Risk Normal Retirement Date

Credit toward Special Risk Normal retirement date is earned for Special Risk Class service, high hazard service in the State and County Officers and Employees’ Retirement System, and service earned in the Highway Patrol Pension Fund. In addition, a Special Risk Class member or a former Special Risk Class member may receive credit toward such date for the following service:

(1) Service in the State and County Officers and Employees’ Retirement System; service as a correctional counselor with the Department of Corrections between December 1, 1970 and September 30, 1979 including such service for which the member received a refund and which was reclaimed as prior service; or service in the State and County Officers and Employees’ Retirement System (Chapter 122, F.S.), or in the Highway Patrol Pension Fund (Chapter 321, F.S.), for which the member received a refund and which was reclaimed as prior service under the Florida Retirement System. Such service shall have been performed as provided below.

(a) The position filled at that time shall satisfy the criteria as provided in Rule 60S-1.0051, 60S-1.0052 or 60S-1.0053, F.A.C., except the requirement for a certificate or waiver of certificate. The member shall apply for such credit and the agency shall provide verification that the position satisfies the criteria on Form FRS-402 (Rev. 10/01), http://www.flrules.org/Gateway/reference.asp?No=Ref-00339, Florida Retirement System Application for Special Risk Equivalent Credit, herein adopted by reference, and must be approved by the Division. Form FRS-402 may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(b) The percentage value of each year shall remain the value determined under the system to which the member belonged when such service was performed; except that service for which a refund was received under Chapters 122 and 321, F.S., and which was reclaimed under the Florida Retirement System, shall have the percentage value of the Florida Retirement System Regular Class.

(2) Service earned in the Special Risk Administrative Support Class, as provided below:

(a) The required conditions stated in Rule 60S-1.0054, F.A.C., shall be met.

(b) The member must, prior to retirement, satisfy the vesting requirements for the Special Risk Class, which may include creditable service earned as a member of the Highway Patrol Pension System, the High Hazard class of the State and County Officers and Employees’ Retirement System, service claimed under subsection 60S-2.0041(1), F.A.C., and/or past service claimed under paragraph 60S-2.003(1)(g) or (3)(g), F.A.C.

(c) The percentage value of each year earned in the Special Risk Administrative Support Class shall be the value of Regular Class membership in the Florida Retirement System.

(d) Retroactive coverage in the Special Risk Administrative Support Class shall be granted as follows:

Any member filling an administrative support position during the period October 1, 1978 through June 30, 1982, shall be covered, provided the member meets the requirements of subsection 60S-1.0054(2), F.A.C., and was:

a. Removed from Special Risk membership effective October 1, 1978, due to a change in Special Risk Class criteria; or

b. Was reassigned or employed for training and/or career development or to fill a critical agency need.

The member must apply to the Division of Retirement and complete the member information section of Form FRS-404, Florida Retirement System Application for Special Risk Administrative Support Class, as incorporated by reference in Rule 60S-1.0054, F.A.C., prior to retirement to claim such credit. The employing agency at the time the service was performed shall complete the portion of the form verifying that the member filled a Special Risk Administrative Support Class position and retained his or her certification per Rule 60S-1.0051, 60S-1.0052, or 60S-1.0053, F.A.C., during the retroactive period.
Service in the Special Risk Administrative Support Class shall be granted without payment of additional contributions for the period October 1, 1978 through June 30, 1982.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021, 121.0515 FS. History–New 1-19-82, Amended 10-12-82, Formerly 22B-2.041, Amended 2-7-89, Formerly 22B-2.0041, Amended 8-13-03, 4-5-12.

Fla. Admin. Code R. 60S-2.0042 Credit for Periods of Withdrawal from the Elected Officers’ Class

History

Rulemaking Authority 121.031, 121.052 FS. Law Implemented 121.052 FS. History–New 11-14-91, Formerly 22B-2.0042, Repealed 1-31-18.

Fla. Admin. Code R. 60S-2.005 Credit for Military Service

(1) Military Leave of Absence – A member may receive up to 5 years of retirement credit, or more if required for the convenience of the Federal Government as provided in the Uniformed Services Employment and Reemployment Rights Act, for active military service in the Armed Forces of the United States which interrupts continuous employment, regardless of whether or not an official leave of absence was granted, in accordance with the following:

(a) The member must be entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§4301 et seq., or other law applicable to such reemployment which provides that:

The member shall have been employed in a position other than temporary, and shall have left that position for the purpose of induction into the Armed Forces of the United States or entry for active duty in the Armed Forces of the United States. When applied to the Florida Retirement System, “a position other than temporary” shall mean a regularly established position with a Florida Retirement System employer, and it shall be construed that the member left his or her employment for military purposes if he or she reported for active duty within 60 days of leaving such employment, unless a determination of the member’s entitlement to reemployment under the Uniformed Services Employment and Reemployment Rights Act is made by the Veterans’ Administration and submitted to the Division of Retirement by the member; and
The member shall have been discharged from the military service under honorable conditions; and
The member shall have applied for reemployment with the same employer within 90 days from his or her date of discharge or separation from active military service or within the time limits set forth in the Uniformed Services Employment and Reemployment Rights Act for hospitalization continuing after discharge, and was reemployed by such employer; and

(b) The member submits required documentation to the Division (DD214 or other official military document) showing the dates of entry into active duty and discharge from active duty; and

(c) The required employer contributions shall be paid by the employer if the member was released from military service on or after December 3, 1974, in accordance with paragraph 60S-3.006(1)(b), F.A.C., or by the member if he or she was released from military service prior to December 3, 1974 in accordance with paragraph 60S-3.006(1)(a), F.A.C. If any employee contributions are required they shall be paid by the member in accordance with paragraph 60S-3.006(1)(a), F.A.C.; and

(d) The member shall receive service credit in the membership class to which the member belonged immediately prior to his or her military service. Such service may be claimed immediately upon reemployment and shall count toward the years required for vesting.

(e) Notwithstanding subparagraph (a)2. and 3., above, effective January 1, 2007, the beneficiary of a member who dies while on a military leave of absence as described in Section 121.111(1), F.S., that is subject to USERRA as described in Internal Revenue Code Section 414(u) shall have the option to purchase military leave for the member, excluding a member who is participating in the Deferred Retirement Option Program. The member will be treated as if returning to covered employment the day before the death occurs, in accordance with Internal Revenue Code section 401(a)(37).

(2) Wartime Military Service – A member whose initial date of employment in a regularly established position is before January 1, 1987, who has full-time, active “wartime” military service, other than active duty for training or attendance at a military academy, in the Armed Forces of the United States or in the Allied Forces for which he or she is not eligible to receive retirement credit as provided in subsection 60S-2.005(1), F.A.C., may receive retirement credit for such active wartime military service, not to exceed a total of 4 years, provided that:

(a) The member served one or more days of his or her military service during one of the following periods:

World War II: Service from December 7, 1941 through December 31, 1946. Wartime service as a member of the American Merchant Marine in Oceangoing Service from December 7, 1941 through August 15, 1945, may be credited only for such periods certified on a federal form DD214.
Korean Conflict: Service from June 27, 1950 through January 31, 1955.
Vietnam Era: Service from February 28, 1961 through May 7, 1975.
Persian Gulf War: Service from August 2, 1990 through January 2, 1992.
Operation Enduring Freedom: October 7, 2007 through a date to be determined by presidential proclamation or by law.
Operation Iraqi Freedom: March 19, 2003 through a date to be determined by presidential proclamation or by law.

(b) The member’s wartime military service in the Allied Forces shall be limited to service with any nation which was allied with the United States in World War II; any nation which provided military contingents in support of the United Nations during the Korean conflict; or any nation which provided military assistance to South Vietnam in cooperation with forces of the United States during the Vietnam Era, and

(d) The member is vested, and

(e) The member makes application to the Division to claim such military service credit and submits required documentation (DD214 or other official military document) showing the dates of entry into active duty and discharge from active duty, and

(f) The member pays the required contributions in accordance with paragraph 60S-3.006(2)(a) or (b), F.A.C.

(g) The member shall receive service credit in the Regular Class for all wartime military service claimed under this subsection, regardless of the member’s class of membership, and

(h) The member shall not receive credit for any military service for which the member also receives credit under any federal or state retirement or pension system where “length of service” is a factor in determining the amount of compensation received, except for a pension system providing retired pay for non-regular (i.e. Reserve and National Guard) service in the Armed Forces of the United States in accordance with 10 U.S.C. ss.1331 et seq. Credit for wartime military service for which the member also receives credit in a pension system providing retired pay for such non-regular service may be claimed as follows:

Any person whose retirement date under the Florida Retirement System is prior to July 1, 1985 may claim such service at any time, as provided in this subsection upon payment of contributions as provided in paragraph 60S-3.006(2)(b), F.A.C.
Any person whose retirement date is on or after July 1, 1985 must claim such service prior to the commencement of his or her retirement benefits, as provided in this subsection, and upon payment of contributions as provided in paragraph 60S-3.006(2)(a), F.A.C.

(i) Any member claiming credit in accordance with this subsection shall certify on Form MF-1 (Rev. 06/12), http://www.flrules.org/Gateway/reference.asp?No=Ref-01934, Florida Retirement System Pension Plan Statement of Military Eligibility, herein adopted by reference, that credit for such service has not and will not be claimed for retirement purposes under any federal or state retirement or pension system where “length of service” is a factor in determining the amount of compensation received, except where credit for such service has been granted in a pension system providing retired pay for non-regular (i.e. Reserve and National Guard) service in accordance with paragraph 60S-2.005(2)(h), F.A.C. In the event of the member’s death prior to retirement, the member’s beneficiary shall make the required certification. If such certification is not made by the member or the member’s beneficiary, credit for wartime military service will not be allowed. Form MF-1 may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(j) Service credit awarded for wartime military service shall be the total number of years, months and days from and including the date of entry into active duty through the date of discharge from active duty, up to a maximum of four years. If the military service includes a partial year, it shall be stated as a fraction of a year. Creditable military service shall be calculated as follows:

Creditable military service =

A +

[B + (C/30)]

Where:

A is total complete years;

B is total complete months in excess of complete years; and

C is total days in excess of complete months.

History

Rulemaking Authority 121.031, 121.052(14) FS. Law Implemented 121.021, 121.052(5)(d), 121.111 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 1-16-77, 7-1-79, 1-19-82, 4-17-85, Formerly 22B-2.05, Amended 2-4-86, 2-7-89, 11-14-91, Formerly 22B-2.005, Amended 3-18-93, 4-5-95, 12-12-96, 2-24-99, 8-13-03, 4-5-12, 3-25-13, 1-20-14.

Fla. Admin. Code R. 60S-2.006 Credit for Leaves of Absence Under the Florida Retirement System

(1) A member may receive retirement credit for a total of two work years of creditable service for authorized leaves of absence under the Florida Retirement System, subject to the following:

(a) A leave of absence must be authorized in writing by a member’s employer prior to or during the leave of absence.

(b) The member must satisfy the service requirements for vesting, excluding any periods of leave of absence, except for military leaves of absence as provided in subsection 60S-2.005(1), F.A.C., prior to receiving retirement credit for leaves of absence.

(c) The member must return to active employment performing service with a Florida Retirement System employer in a regularly established position immediately upon termination of the leave of absence and remain on the employer’s payroll for one calendar month. The exceptions to this requirement are:

A member placed on a leave of absence for medical reasons who retires on disability while on the leave of absence shall not be required to return to employment in order to be eligible to receive credit for the leave of absence; and
A member whose work year is less than 12 months and whose leave of absence terminates between school years shall be eligible to receive credit for the leave of absence as long as he or she returns to covered employment at the beginning of the next school year and remains on the employer’s payroll for one calendar month.

(d) The leave of absence must occur after the employee becomes a member of the Florida Retirement System.

(e) The required contributions must be made in accordance with Rule 60S-3.007, F.A.C.

(f) The member shall make application to the Division for leave of absence retirement credit on Form FR-28 (Rev 06/04), http://www.flrules.org/Gateway/reference.asp?No=Ref-00334, Florida Retirement System Pension Plan Application to Purchase Retirement Credit for a Pension Plan Leave of Absence, herein adopted by reference which may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(2) If a member is granted a leave of absence with full pay at the rate he or she was being paid prior to the leave of absence, and the compensation received during such period is paid in accordance with paragraph 60S-1.004(4)(a) or (b), F.A.C., the member shall not be considered on leave of absence for retirement purposes and the contributions required by Rule 60S-3.003, F.A.C., shall continue to be made and he or she shall continue to receive full retirement credit for the period he or she is on leave of absence with pay.

(3) If a member is granted a leave of absence with partial pay and the compensation received during such period is in accordance with paragraph 60S-1.004(4)(a) or (b), F.A.C., the contributions required by Rule 60S-3.003, F.A.C., shall continue to be made and he or she shall continue to receive full retirement credit for the period he or she is on leave of absence with pay. For this partial pay he or she shall receive credit in accordance with paragraph 60S-2.002(4)(c), F.A.C. However, the member may elect, upon his or her return from such leave, to make additional contributions in accordance with subsection 60S-3.007(2), F.A.C., and receive retirement credit for this period based on the full salary he or she was earning prior to the leave of absence. The purpose in making such contributions would be to permit the member’s full salary to be included in his or her average final compensation. If additional contributions are not made, only the member’s partial pay shall be used should such period be included in the member’s average final compensation.

(4) If a member is granted a leave of absence and the member receives compensation during such period from an account other than the ones listed in paragraph 60S-1.004(4)(a) or (b), F.A.C., the member may receive retirement credit for the leave of absence in accordance with subsection 60S-2.006(1), F.A.C.

(5) Any leave of absence which an employer may properly grant shall be creditable under the Florida Retirement System in accordance with this section, except military leaves which shall be claimed under the provisions of subsection 60S-2.005(1), F.A.C.

(6) Retirement credit for leaves of absence shall be creditable under the class of membership in which the member participated at the time the leave of absence was granted.

(7) A member who is required, in accordance with Section 99.012(4), F.S., to resign his or her office as a deputy sheriff, police officer, or subordinate officer, may purchase retirement credit as a leave of absence without pay, in accordance with subsection (1), provided:

(a) The member was required to resign because he or she was a candidate for a public office that was held by his or her superior office at the time;

(b) Such superior officer was also a candidate for reelection to the same office;

(d) The retirement credit purchased as a leave of absence includes only the period between his or her date of resignation and the beginning of the term of office for which he or she was a candidate. Such leave of absence shall count toward the total of two work years of creditable service for authorized leaves of absence allowed in subsection (1).

History

Rulemaking Authority 121.031 FS. Law Implemented 121.071, 121.121 FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 1-16-77, 7-1-79, 8-26-81, 1-18-83, Formerly 22B-2.06, Amended 3-11-87, 2-7-89, 11-14-91, Formerly 22B-2.006, Amended 8-4-94, 2-24-99, 12-30-99, 8-13-03, 4-5-12, 3-25-13.

Fla. Admin. Code R. 60S-2.007 Credit for Out-of-State and In-State Service

(1) Any member who is a seasonal state employee who works for and draws compensation from the State for a period of more than 6 calendar months during any fiscal year and who works for another state in the same or similar capacity during the same fiscal year, may receive retirement credit for the actual time employed by the other state during that fiscal year, in accordance with the following:

(a) He or she shall provide to the Division a statement from the state in which he or she was employed, listing days employed and monthly earnings.

(b) He or she shall make the required contributions in accordance with Rule 60S-3.008, F.A.C.

(2) A member of the Teachers’ Retirement System who transferred to the Florida Retirement System and was eligible to claim retirement credit for out-of-state service under the Teachers’ Retirement System at the time he or she transferred to the Florida Retirement System shall be allowed to claim, pay for, and receive retirement credit for out-of-state service in accordance with the provisions of the Teachers’ Retirement System, subject to the following:

(a) The member must have been eligible to claim at least one year of out-of-state service prior to transferring to the Florida Retirement System.

(b) Continuous service under the Florida Retirement System as a teacher immediately following the member’s transfer may be used to increase the number of years of out-of-state service the member is allowed to claim.

(c) All out-of-state service claimed shall be paid for and credited in accordance with the provisions of the Teachers’ Retirement System.

(d) No member who receives or is entitled to receive a pension or annuity from any other state or county or municipality or taxing district may, by a withdrawal of contributions therefrom, become eligible to purchase credit for such out-of-state service under this section unless:

Said withdrawal of contributions completely divests the member of all rights under such other system, including the right to reinstate his or her eligibility for a benefit by repayment of the withdrawn contributions; or
Said withdrawal of contributions prevents the member under the provisions of such other system from reinstating his or her eligibility for a benefit unless he or she accepts reemployment in such state.
The member submits Form TR-4 (Rev. 04/99), http://www.flrules.org/Gateway/reference.asp?No=Ref-00342, Florida Retirement System Verification of Out-of-State Teaching Service, herein adopted by reference, completed by the administrator of the retirement system of such other state, county, municipality or taxing district stating that he or she is ineligible for a benefit therein. Such form should, if possible, be obtained by the member prior to submitting his or her application for retirement and should be attached to his or her application. Form TR-4 may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)607-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(3) A member of the Florida Retirement System may purchase credit for up to 5 years of out-of-state public employment; employment with the federal government (which may include military service not claimed under Rule 60S-2.005, F.A.C.); non-FRS, in-state public employment; or in-state employment in charter schools, charter technical career centers, or nonpublic schools and colleges accredited by the Southern Association of Colleges and Schools; as follows:

(a) Such service must have been service covered by a retirement or pension plan provided by the employer, and performed prior to a period of membership in the Florida Retirement System.

(b) The member must not have received, or be eligible, now or in the future, to receive a benefit from any other retirement or pension plan based on the service being claimed.

(c) To receive credit for such service, the member must satisfy the service requirements for vesting in the Florida Retirement System, which can include service in an existing system, and which excludes any service purchased under this subsection.

(d) Prior to satisfying the service requirements for vesting in the Florida Retirement System, a member may purchase credit for one year of service under this subsection after the completion of one year of creditable service; with the purchase of additional years of service being allowed on a year for year basis, up to the five-year maximum. However, such service will not be creditable until after the member has satisfied the service requirements for vesting under the Florida Retirement System.

(e) A member of the Florida Retirement System Pension Plan who wishes to claim such service shall obtain the following from the out-of-state or in-state employer’s retirement or pension plan on Form FR-30 (Rev. 05/14), http://www.flrules.org/Gateway/reference.asp?No=Ref-04641, Florida Retirement System Pension Plan Verification for In-State or Out-of-State Service Credit, herein adopted by reference which may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500; or on Form FR-30a (Rev. 07/04), http://www.flrules.org/Gateway/reference.asp?No=Ref-00336, Florida Retirement System Pension Plan Out-of-State Employer Request, herein adopted by reference, which is sent to the member’s address of record by the Division if the information provided by the out-of-state in-state employer’s retirement or pension plan on Form FR-30 is incomplete; or in the case of a deceased member, a beneficiary who wishes to claim such service on the behalf of the member shall obtain the following from the out-of-state or in-state employer’s retirement or pension plan on Form FR-30b (Rev. 07/99), http://www.flrules.org/Gateway/reference.asp?No=Ref-00337, Florida Retirement System Pension Plan Verification for In-State or Out-of-State Service Credit, herein adopted by reference which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771:

A statement verifying that the member was a member of a retirement or pension plan provided by the employer and to which the employer paid contributions, and that he or she has not been, is not, and will not be eligible to receive either a lump sum distribution, other than a refund of member contributions, or a continuing benefit from that plan based on that service.
Certification of years and partial years of service by fiscal year, and length of work year.

(f) The service shall be claimed and credited as Regular Class service.

(g) A member shall be eligible to receive credit for such service performed after leaving the Florida Retirement System only upon return to membership and completion of a least 1 year of creditable service following the out-of-state or in-state service.

(h) The required contributions shall be paid by the member or his or her employer as provided in subsection 60S-3.008(3), F.A.C.

(i) A member claiming military service under these provisions must also complete and submit to the Division, Form MF-2 (Rev. 07/06), http://www.flrules.org/Gateway/reference.asp?No=Ref-00341, Florida Retirement System Pension Plan Statement of Military Eligibility to Purchase Military Service under the Out-of-State Provisions, herein adopted by reference, attesting to the fact that the military service for which he or she requests credit has not and will not be claimed for retirement purposes under any other public pension plan. Form MF-2 may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

History

Rulemaking Authority 121.031 FS. Law Implemented 120.045, 121.021, 121.051(6)(a), 121.1115, 121.1122, 122.07, 238.06(4) FS. History–New 1-1-72, Amended 8-20-75, 8-5-76, 7-1-79, Formerly 22B-2.07, 22B-2.007, Amended 3-18-93, 4-5-95, 12-12-96, 2-24-99, 8-13-03, 4-5-12, 3-25-13, 4-5-15.

Fla. Admin. Code R. 60S-2.008 Credit for Service Performed After Retirement

History

Rulemaking Authority 121.031 FS. Law Implemented 121.051(1), 121.053, 121.091(9), 121.122 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 7-1-79, Formerly 22B-2.08, Amended 11-14-91, Formerly 22B-2.008, Amended 3-18-93, 4-5-95, 2-24-99, Repealed 1-31-18.

Fla. Admin. Code R. 60S-2.009 Credit for Previous Service

A member who has earned creditable service under state-administered retirement system and has terminated his or her employment without retiring, leaving his or her contributions on deposit, shall upon his or her return to employment under the Florida Retirement System, receive credit for all previous service in accordance with the provisions of the retirement system under which the service was earned. Additional service earned under the Florida Retirement System shall be added to all of his or her previous service and used in the calculation of any benefits which may be payable in accordance with Chapter 60S-4, F.A.C. No application or additional contributions shall be required to claim credit for previous service, except as provided in Rule 60S-2.013, F.A.C., for a member who upgrades previous service within the purview of the Elected Officers’ Class, the Senior Management Service Class, or Special Risk Class.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.011(3), 121.091(5) FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Formerly 22B-2.09, Amended 5-15-91, Formerly 22B-2.009, Amended 4-5-95, 4-5-12.

Fla. Admin. Code R. 60S-2.010 Creditable Service upon the Death of a Member

(1) In the event of the death of a member, the Administrator shall credit the member’s account with all service for which the member has made the required contributions in accordance with Chapter 60S-3, F.A.C., prior to his or her death, and all such creditable service shall be used as the basis for determining benefits.

(2) The surviving spouse or other dependent of any member whose employment was or is terminated by death may claim as creditable service for use in the calculation of any benefits which may be payable, any service performed by the member which could have been claimed by the member at the time of his or her death, provided that:

(a) The member was an officer or employee subject to the Florida Retirement System at the time of his or her death;

(b) The surviving spouse or other dependent has not received a monthly benefit based on the member’s participation in the Florida Retirement System;

(d) The required contributions are made in accordance with subsection 60S-3.012(1), F.A.C.

(3) The surviving spouse of a member who dies after becoming vested, and who elects to receive a refund of the member’s accumulated contributions in lieu of a monthly benefit, may at any time in the future repay the amount of such refunded contributions as provided in paragraphs 60S-3.005(1)(a) and (b), F.A.C., and be eligible to receive a monthly benefit in accordance with Rule 60S-4.008, F.A.C.

(4) The surviving spouse of an elected officer who dies in office before he or she is vested, but who would have become vested if the officer had lived to complete his or her term of office, may leave his or her contributions in the retirement system, or repay, according to paragraph 60S-3.005(1)(a) or (b), F.A.C., any refund of the member’s contributions the spouse may have elected to receive as provided in subsection 60S-4.008(1), F.A.C., and purchase additional creditable service based on the officer’s incomplete term of office. Such service shall be equal to the number of years required for vesting, or a greater amount not to exceed the incomplete term of office. Such service shall not be purchased until on or after the date the deceased member would have completed the service being claimed. The surviving spouse may purchase such additional creditable service by making the contributions required by subsection 60S-3.012(2), F.A.C., and shall thereupon be eligible to receive such monthly benefit that is payable to the surviving spouse of a member who dies after becoming vested as provided in Rule 60S-4.008, F.A.C.

(5) Notwithstanding any other provisions in this chapter to the contrary, the surviving spouse, or other eligible joint annuitant, of a member whose employment is terminated by death within one year of such member satisfying the service requirements for vesting, shall be permitted to purchase only the additional service credit necessary to provide for vesting and retirement eligibility of the deceased member, as follows:

(a) Such purchase shall be by one or a combination of both of the following methods:

Such spouse or joint annuitant may use the deceased member’s accumulated hours of annual, sick, and compensatory leave to purchase additional creditable service in accordance with paragraph 60S-3.012(3)(a), F.A.C., on an hour for hour basis, provided such deceased member’s accumulated leave is sufficient to cover the additional months required. For each month of service credit needed prior to the final month, credit for the total number of work hours in that month must be purchased, using an equal number of the deceased member’s accumulated leave hours. Service credit required for the final month in which the deceased member would have become vested shall be awarded upon the purchase of one hour of credit. Accumulated annual leave hours cannot be used to both increase the average final compensation and purchase additional creditable service; or
Such spouse or joint annuitant may purchase additional months of creditable service, up to a maximum of one year, for any periods of out-of-state or in-state service as provided in paragraph 60S-3.012(3)(b), F.A.C., that the deceased member would have been eligible to purchase after becoming vested, prior to his or her death.

(b) Service purchased under this subsection shall be added to the creditable service of the deceased member and shall be used in the calculation of any benefits which may be payable to the surviving spouse or eligible joint annuitant.

July 1, 1998; or
The first of the month following the month the Division is contacted about the purchase; or
The first of the month following the month the member would have become vested; or
The first of a later month specified by the spouse or joint annuitant for a deferred benefit.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021, 121.052(12)(c), 121.091(7) FS. History–New 1-1-72, Amended 10-20-72, 11-18-72, Repromulgated 12-31-74, Formerly 22B-2.10, Amended 3-11-87, Formerly 22B-2.010, Amended 2-24-99, 8-13-03.

Fla. Admin. Code R. 60S-2.011 Credit for Future Service

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021(21) FS. History–New 1-1-72, Formerly 22B-2.11, 22B-2.011, Repealed 1-31-18.

Fla. Admin. Code R. 60S-2.012 Workers’ Compensation Credit

A member who has been eligible or becomes eligible to receive temporary total or temporary partial Workers’ Compensation payments for an injury or illness occurring during his employment as a member of any state-administered retirement system shall receive retirement credit for such period, not to extend beyond the earlier of the date the member reaches maximum medical improvement as defined in Section 440.02(8), F.S., or terminates employment as provided in Rule 60S-6.001, F.A.C., in accordance with the following provisions:

(1) A member must return to active employment immediately upon recovery, for at least one calendar month, performing service in a regularly established position with any participating employer, or, effective July 1, 1990, be approved for disability retirement as provided in Rule 60S-4.007, F.A.C. The Division may require evidence of the member’s bona fide return to work and medical evidence of his ability to return to work.

(2) For periods of Workers’ Compensation prior to July 1, 1990:

(a) A member who receives only Workers’ Compensation benefits during this period shall, upon his return to active employment, receive full retirement credit for the period during which Workers’ Compensation payments were received. Such credit shall be based on his rate of monthly compensation immediately prior to his receiving Workers’ Compensation payments.

(b) A member who receives partial salary in addition to the Workers’ Compensation payments he receives shall have the required contributions deducted or paid as required in Rule 60S-3.003, F.A.C., based on the compensation he receives from a salary fund each pay period, and, upon his return to active employment he shall receive full retirement credit for such period based on his rate of monthly compensation immediately prior to his receiving Workers’ Compensation payments. If he does not return to active employment he shall receive retirement credit as provided in paragraph 60S-2.002(4)(c), F.A.C., based on the actual amount of salary he received during the period he received Workers’ Compensation payments; or

(c) A member who is retained in full pay status in lieu of receiving Workers’ Compensation payments shall have the required contributions deducted or paid as required in Rule 60S-3.003, F.A.C., based on his salary each pay period and shall receive retirement credit for such period in the same manner he would have received credit had he not been injured or incapacitated.

(d) The Division must receive written certification from the member’s employer of the member’s periods of Workers’ Compensation for the member to receive retirement credit under this section unless he is subject to paragraph (c).

(e) Retirement contributions for Workers’ Compensation credit shall be paid as follows:

For Workers’ Compensation credit as provided in paragraph (a), no contributions are required for retirement or Social Security.
For Workers’ Compensation credit as provided in paragraph (b), payments for retirement contributions shall be made on the partial salary received in accordance with Rule 60S-3.003, F.A.C. No contributions shall be made on the Workers’ Compensation payments. For the member to receive free retirement credit, the employer shall also report the difference between the total of the Workers’ Compensation payments plus the partial salary received, and the member’s gross salary prior to the commencement of Workers’ Compensation’

(3) Effective July 1, 1990, a member shall receive full retirement credit for the period during which he received Workers’ Compensation payments. Such credit shall be based on his rate of monthly compensation immediately prior to his receiving Workers’ Compensation payments. The employer of record at the time of the member’s Worker’s Compensation injury or illness shall make the required retirement contributions based on the contribution rate in effect during the period and the member’s compensation immediately prior to his receiving Workers’ Compensation payments. The employer shall pay such contributions immediately upon the member’s eligibility to receive credit. Such contributions for periods of Workers’ Compensation are due and required to be paid on the first payroll report after the member has returned to work and completed one calendar month of active employment; or after the Division notifies the employer that the member has been approved for disability retirement. A delinquent fee of 1% per month shall be charged on all contributions not paid on the first payroll report after the member becomes eligible to receive credit.

(4) Retirement credit claimed in accordance with this section shall be based on the member’s class of membership immediately prior to his eligibility for Workers’ Compensation payments.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.071(5), 121.125 FS. History–New 10-20-72, Repromulgated 12-31-74, Amended 8-26-81, 4-17-85, Formerly 22B-2.12, Amended 2-4-86, 2-7-89, 11-14-91, Formerly 22B-2.012, Amended 3-18-93, 12-12-96.

Fla. Admin. Code R. 60S-2.013 Credit for Upgraded Previous Service

(1) A current or former member of the Elected Officers’ Class, or former elected officer as provided in paragraph (b) may upgrade to the Elected Officers’ Class creditable service earned as an elected officer within the purview of that class as provided in subsection 60S-1.0055(1), F.A.C., by notifying the Division of his or her desire to receive credit for such service and making the required contributions in accordance with Rule 60S-3.013, F.A.C. Such creditable service shall include:

(a) Service earned in any state-administered retirement system prior to the officer’s membership in the Elected Officers’ Class; or

(b) Service earned by a member who served after the applicable subclass of the Elected Officers’ Class was established, where the officer chose to participate in a membership class of the Florida Retirement System other than the Elected Officers’ Class;

(c) Service as a county solicitor, elected county prosecuting attorney, county judge, judge of a court of record, judge of a criminal or civil court of record, or judge of any metropolitan court established pursuant to section 6 of Article VIII of the State Constitution, judge of a small claims court or justice of the peace. Such service may be upgraded by a member of the Elected Officers’ Class.

(2) A member of the Senior Management Service Class as provided in subsection 60S-1.0057(1), F.A.C., who has earned creditable service within the purview of the Senior Management Service Class may purchase additional retirement credit in the Senior Management Service Class for such service retroactive to February 1, 1987, provided that:

(a) He or she notifies the Division of his or her desire to receive credit for such service, and

(b) The required contributions are made in accordance with Rule 60S-3.013, F.A.C.

(3) If the member does not claim credit for all of the previous service as provided in subsection (1), (2), (5), (6) and (7), the service claimed must be the most recent period of service.

(4) A reemployed retiree with renewed membership in the Senior Management Service Class who has earned post-retirement creditable service in the Regular Class which was within the purview of the Senior Management Service Class may purchase additional retirement credit in the Senior Management Service Class, as provided in subsection (2), for such service from February 1, 1987 through June 30, 1997. Such service may be used toward a second career benefit as provided in Rule 60S-1.0045, F.A.C.

(5) A state attorney or state public defender in the Elected Officers’ Class may purchase additional retirement credit in the Senior Management Service Class for previous service as an assistant state attorney or assistant state public defender in accordance with subsection (2).

(6) A Special Risk Class member may upgrade to the Special Risk Class previous service that included fire prevention or firefighter training within the purview of the Special Risk Class as provided in subsection 60S-1.0052(2), F.A.C., provided that:

(a) He or she notifies the Division of his or her desire to receive credit for such service, and

(b) The required contributions are made in accordance with subsection 60S-3.013(4), F.A.C.

(7) A Special Risk Class member may upgrade to the Special Risk Class previous service as a medical technician or paramedic within the purview of the Special Risk Class as provided in Rule 60S-1.00535, F.A.C., provided that:

(a) He or she notifies the Division of his or her desire to receive credit for such service; and

(b) The required contributions are made in accordance with subsection 60S-3.013(5), F.A.C.

(8) A Special Risk Class member may upgrade to the Special Risk Class previous service in a forensic discipline within the purview of the Special Risk Class as provided in Rule 60S-1.00539, F.A.C., provided that:

(a) He or she notifies the Division of his or her desire to receive credit for such service; and

(b) He or she is employed in a forensic discipline meeting the Special Risk Class criteria of subsection 60S-1.00539(2), F.A.C.; and

(d) The cost to upgrade such previous service, pursuant to Section 121.0515(10)(c), F.S., is paid in full within 60 days of the date on the Division’s notification of such cost to the member.

History

Rulemaking Authority 121.052(14) FS. Law Implemented 121.052, 121.055 FS. History–New 10-20-72, Amended 12-31-74, 1-16-77, 7-1-79, 8-26-81, 4-17-85, Formerly 22B-2.13, Amended 3-11-87, 9-5-90, 5-15-91, 11-14-91, Formerly 22B-2.013, Amended 4-5-95, 2-24-99, 8-13-03, 4-5-12.

Fla. Admin. Code R. 60S-2.014 Credit for Teaching Service in a Federally Operated School

History

Rulemaking Authority 238.175(2) FS. Law Implemented 238.175 FS. History–New 10-20-72, Repromulgated 12-31-74, Amended 1-16-77, Formerly 22B-2.14, 22B-2.014, Repealed 1-31-18.

Fla. Admin. Code R. 60S-2.015 Value of Each Year of Creditable Service

(1) All creditable service earned and claimed under the State and County Officers and Employees Retirement System, the Judicial Retirement System, the Teachers’ Retirement System, and the Highway Patrol Pension System, by a former member of one of those systems who becomes a member of the Florida Retirement System, shall be added to the creditable service the number earns under the Florida Retirement System and shall have the value authorized by the retirement system under which the creditable service was earned and claimed.

(2) Each complete year of creditable service earned and claimed under the Florida Retirement System shall have the percentage value indicated below, which shall represent the percentage of the member’s average final compensation (AFC) that each complete year of creditable service having that same percentage value shall entitle him to receive under Option 1 upon his or her normal retirement:

(a) Each year of creditable service as a Regular Class member shall be worth:

For members initially enrolled in the FRS on or after July 1, 2011:

1.63% of AFC when retiring at age 63

1.65% of AFC when retiring at age 64

1.68% of AFC when retiring at age 65 or over, not to exceed 1.68%;

1.60% of AFC when retiring with 30 years of creditable service

1.63% of AFC when retiring with 31 years of creditable service

1.65% of AFC when retiring with 32 years of creditable service

1.68% of AFC when retiring with 33 years of creditable service or more, not to exceed 1.68%

For members initially enrolled in the FRS on or after July 1, 2011:

1.60% of AFC when retiring at age 65

1.63% of AFC when retiring at age 66

1.65% of AFC when retiring at age 67

1.68% of AFC when retiring at age 68 or over, not to exceed 1.68%;

1.60% of AFC when retiring with 33 years of creditable service

1.63% of AFC when retiring with 34 years of creditable service

1.65% of AFC when retiring with 35 years of creditable service

1.68% of AFC when retiring with 36 years of creditable service or more, not to exceed 1.68%

(b) Each year of creditable service earned as a Special Risk Class member shall be worth:

2% of AFC for service from December 1, 1970 through September 30, 1974;

3% of AFC for service from October 1, 1974 through September 30, 1978;

2% of AFC for service from October 1, 1978 through December 31, 1988;

2.2% of AFC for service from January 1, 1989 through December 31, 1989;

2.4% of AFC for service from January 1, 1990 through December 31, 1990;

2.6% of AFC for service from January 1, 1991 through December 31, 1991;

2.8% of AFC for service from January 1, 1992 through December 31, 1992; and

3% of AFC for service on and after January 1, 1993.

Effective July 1, 2000, for members retiring after that date, 3% of AFC for service on and after October 1, 1978.

For members initially enrolled in the FRS before July 1, 2011:

When the member has satisfied the vesting requirements for the Special Risk Class but has less than 25 years of creditable Special Risk Administrative Support Class and Special Risk Class service, the Special Risk Administrative Support Class service shall be worth:

1.60% of AFC at age 55

1.63% of AFC at age 56

1.65% of AFC at age 57

1.68% of AFC at age 58 or over, not to exceed 1.68%;

When retiring with 25 or more years of creditable Special Risk Administrative Support Class and Special Risk Class service that includes credit for military service, the Special Risk Administrative Support Class service shall be worth the greater of:

1.60% of AFC with a minimum of 25 years of creditable service at age 52 or older, or

1.63% of AFC with a minimum of 26 years of creditable service at age 53 or older, or

1.65% of AFC with a minimum of 27 years of creditable service at age 54 or older, or

1.68% of AFC with a minimum of 28 years of creditable service at age 55 or older, not to exceed 1.68%;

When retiring with 25 or more years of creditable Special Risk Administrative Support Class and Special Risk Class service, regardless of age, the Special Risk Administrative Support Class service shall be worth:

1.60% of AFC with 25 years of creditable service

1.63% of AFC with 26 years of creditable service

1.65% of AFC with 27 years of creditable service

1.68% of AFC with 28 or more years of creditable service, not to exceed 1.68%

For members initially enrolled in the FRS on or after July 1, 2011:

When the member has satisfied the vesting requirements for the Special Risk Class but has less than 30 years of creditable Special Risk Administrative Support Class and Special Risk Class service, the Special Risk Administrative Support Class service shall be worth:

1.60% of AFC at age 60

1.63% of AFC at age 61

1.65% of AFC at age 62

1.68% of AFC at age 63 or over, not to exceed 1.68%;

When retiring with 30 or more years of creditable Special Risk Administrative Support Class and Special Risk Class service that includes credit for military service, the Special Risk Administrative Support Class service shall be worth the greater of:

1.60% of AFC with a minimum of 30 years of creditable service at age 57 or older, or

1.63% of AFC with a minimum of 31 years of creditable service at age 58 or older, or

1.65% of AFC with a minimum of 32 years of creditable service at age 59 or older, or

1.68% of AFC with a minimum of 33 years of creditable service at age 60 or older, not to exceed 1.68%;

When retiring with 30 or more years of creditable Special Risk Administrative Support Class and Special Risk Class service, regardless of age, the Special Risk Administrative Support Class service shall be worth:

1.60% of AFC with 30 years of creditable service

1.63% of AFC with 31 years of creditable service

1.65% of AFC with 32 years of creditable service

1.68% of AFC with 33 or more years of creditable service, not to exceed 1.68%

(d) Upon reaching normal retirement date, each year of creditable service as an elected state and county officer member shall be worth:

3-1/3% of his or her AFC for all service in the Elected Officers’ Class as a supreme court justice, district court of appeal judge, circuit court judge, or a county court judge;
3-1/3% of his or her AFC for service for which additional credit is purchased pursuant to Rule 60S-2.013, F.A.C., and which was earned in one of the positions listed in paragraph 60S-2.013(1)(c), F.A.C.;
3% of his or her AFC for any service in the Elected Officers’ Class other than as a justice or judge, or for such service upgraded as provided in paragraphs 60S-2.013(1)(a) and (b), F.A.C.

(e) Each year of creditable service as a member of the Senior Management Service Class as provided in Rule 60S-1.0057, F.A.C., shall be worth: 2.00% of AFC for service on and after February 1, 1987 or the effective date of membership in the Senior Management Service Class, whichever is later, or for such service upgraded as provided in subsection 60S-2.013(2), F.A.C.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(1), 121.021, 121.052(10), 121.055 FS. History–New 10-20-72, Amended 12-31-74, 7-21-75, 7-1-79, 1-18-83, 5-11-83, 2-6-84, 4-17-85, Formerly 22B-2.15, Amended 1-12-87, 2-7-89, 9-5-90, 5-15-91, Formerly 22B-2.015, Amended 1-25-94, 4-5-95, 8-13-03, 4-5-12, 3-25-13.

Fla. Admin. Code R. 60S-2.016 Credit for Periods of Suspension Without Pay or Rescinded Dismissal

(1) A member who has been or is suspended without compensation and is later reinstated and who is not retired, may receive retirement credit for the period of suspension without compensation provided:

(a) The creditable service claimed for the period of suspension does not exceed 2 years;

(b) The member returns to active employment and remains on the employer’s payroll for at least one calendar month; and

(c) The member pays the total required contributions in accordance with subsection 60S-3.014(1), F.A.C. A period of suspension without compensation will not be considered a break in service if the member elects to purchase credit for the entire period of suspension.

(2) A member who has been or is dismissed from employment shall be considered terminated from active membership. However, if the member has not retired and such dismissal is subsequently rescinded or changed, the following shall apply:

(a) If such dismissal is rescinded by proper authority or through legal proceedings, the member is eligible to receive retirement service credit for such period of dismissal provided:

The dismissal action taken against the member is determined to be incorrect and is negated;
The employee is made whole, that is, receives full salary and benefits to cover the period of the dismissal or any portion thereof;
Employment is reinstated; and
The employer pays the total required employer contributions, and the employee pays any employee contributions required in accordance with subsection 60S-3.014(2), F.A.C.

(b) If the dismissal action is subsequently changed to a suspension by proper authority or through legal proceedings, the member is eligible to receive retirement service credit, provided the member’s employment is reinstated, restoring the employee-employer relationship, and the member pays the total required employer and employee contributions in accordance with subsection 60S-3.014(3), F.A.C., and complies with all requirements in subsection (1).

History

Rulemaking Authority 121.031 FS. Law Implemented 121.011(3)(e), (g) FS. History–New 1-16-77, Formerly 22B-2.16, 22B-2.016, Amended 2-24-99, 4-5-12, 3-25-13.

Fla. Admin. Code R. 60S-2.017 Credit for Terms of Elected Office Shortened by Apportionment, Federal Intervention, or Compulsory Termination Because of Age

History

Rulemaking Authority 121.031, 121.052(14) FS. Law Implemented 121.052 FS. History–New 4-17-85, Formerly 22B-2.17, Amended 9-5-90, Formerly 22B-2.017, Amended 8-4-94, 4-5-95, Repealed 11-3-19.

Fla. Admin. Code R. 60S-2.018 Credit for Periods of Disability

A member who retires under the disability provisions of Rule 60S-4.007, F.A.C. or Chapter 238, F.S., recovers from his or her disability, has his or her disability retirement benefits terminated and reenters covered employment, may claim as creditable service the months during which he or she was receiving disability retirement benefits provided that:

(1) He or she is continuously employed in a regularly established position for a minimum of one work year;

(2) He or she shall not claim credit for any months in which he or she received disability retirement benefits and compensation from reemployment, as provided in subparagraph 60S-4.007(9)(b)1., F.A.C.;

(3) If he or she does not claim credit for all of the months he or she received disability retirement benefits, the months claimed must be his or her most recent months of retirement;

(4) Such credit for periods of disability, when purchased, shall be credited under the plan or class of the retirement system from which he or she retired;

(5) Such credit for periods of disability, when purchased under the Florida Retirement System, shall apply toward vesting requirements in order to be eligible to purchase additional credit for other service;

(6) He or she notifies the Division of Retirement in writing of his or her desire to receive credit for such service; and

(7) He or she makes the required contributions in accordance with Rule 60S-3.017, F.A.C.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(4), 238.07 FS. History–New 2-4-86, Amended 3-11-87, Formerly 22B-2.018, Amended 2-24-99.

Fla. Admin. Code R. 60S-2.019 Credit for Unreported Service

Retirement credit for service that was performed after December 1, 1970 under the Florida Retirement System and, due to error, was never reported to the Division as required in Rule 60S-3.011, F.A.C., may be claimed by a member of the Florida Retirement System provided:

(1) The unreported service was performed by an employee filling a regularly established position based on the definition in effect at the time of the service as follows:

(a) A regularly established position during the period from January 1, 1972 through June 30, 1979 was any position authorized in an employer’s approved budget for which salary funds were specifically appropriated to pay the salary of the position. Included within this definition were temporary, part-time, full-time, probationary, and seasonal employment positions. Not included within this definition was any position the salary for which was derived from a fund for Other Personal Services or from any account or sub-account other than the regular salary account which was the source of funds for the salaries of those positions which were regularly established and reported to the Division.

(b) A regularly established position after June 30, 1979 through September 4, 1990 is any position that qualifies under the definition provided in subsection 60S-6.001(58), F.A.C., except that a regularly established position in a local agency is one that is in existence for a period beyond four consecutive calendar months instead of six calendar months.

(c) A regularly established position after September 4, 1990 is any position that qualifies under the definition provided in subsection 60S-6.001(58), F.A.C.

(2) The employer substantiates the reporting error by submitting to the Division all of the following documentation:

(a) Explanation of how and why the error occurred;

(b) Copies of any written policies concerning enrollment in the Florida Retirement System followed by the employer during the period of unreported service;

Date of employment;
Period not reported for retirement;
Job title;
Nature of work;

(d) A list of all employees who were paid from the same account or sub-account as the employees listed in paragraph (c) above during the period of unreported service;

(e) Identification of all employees listed in paragraph (d), above, who were enrolled in the Florida Retirement System during the period of unreported service; and

(f) Any other documentation required by the Division.

(3) The employer satisfies the following requirements:

(a) The service of all other employees in similar regularly established positions with the same employer was reported during the same period; or

(b) The unreported service is reported retroactively as follows:

From December 1, 1970 through July 30, 1979, the service of all former and current employees who were paid from the same account or sub-account by the same employer during the same period as provided in paragraph 60S-2.019(1)(a), F.A.C.; or
On and after July 1, 1979, the service of all former and current employees who held regularly established positions with the same employer during the same period as provided in paragraph 60S-2.019(1)(b), F.A.C.

(4) The required contributions are made by the employee and employer for the applicable periods as provided in Rule 60S-3.003, F.A.C., plus interest as provided in Rule 60S-3.0035, F.A.C., beginning with the first fiscal year of the period claimed.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021, 121.081 FS. History–New 3-11-87, Formerly 22B-2.019, Amended 4-5-12.

Chapter 60S-3 CONTRIBUTIONS

Fla. Admin. Code R. 60S-3.001 Scope and Purpose

History

Rulemaking Authority 121.031 FS. Law Implemented 121.031 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Formerly 22B-3.01, Amended 9-8-92, Formerly 22B-3.001, Repealed 12-22-15.

Fla. Admin. Code R. 60S-3.002 Statements of Policy

(1) The Administrator shall establish procedures to be followed by all employers and employees in making and reporting contributions provided for in this chapter.

(2) All employee retirement contributions for service credit on which benefits are to be calculated must be paid prior to the date of issuance of the first retirement benefit payment.

(3) All service credit for which the required contributions have been made and remain on deposit in the retirement trust fund shall be used in determining the benefits for which the member and his or her joint annuitant or surviving spouse are eligible.

(4) The required employee contributions for all service other than current service, including but not limited to prior service, past service, military service, leave of absence service, and out-of-state and in-state service, shall be paid by cash, personal check, cashier’s check, or money order. Direct rollovers from eligible retirement plans as described in Section 401(a)(31), Internal Revenue Code, will be accepted for the purchase of creditable service, however, such payment must be accompanied with a properly executed Form PRO-1 (Rev. 10/07), http://www.flrules.org/Gateway/reference.asp?No=Ref-00343, Florida Retirement System Pension Plan (401(a)Plan) Pretax Direct Rollover Form, herein adopted by reference which may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844) 377-1888, if calling from outside the Tallahassee calling area, or locally at (850) 907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800) 955-8771. Such contributions shall be accompanied by a statement identifying the service for which payment is made; and shall be made in a lump sum for the total amount due or in annual payments of not less than $100, except for the final payment if less than $100, unless another method of payment is authorized in these rules. Interest will be added annually to any unpaid balance not received at the Division on or before June 30 as provided in Rule 60S-3.0035, F.A.C.

(5) The required contributions for any service that have not been made prior to a member’s retirement may not be made by any person after the member’s retirement. The required contributions for any service that have not been made by the member before his or her death prior to retirement may be made only by those authorized to purchase such service as provided in Rules 60S-2.010 and 60S-3.012, F.A.C.

(6) On and after July 1, 1972, all remittances (including member contributions, matching contributions and all interest thereon) made by a member for the purchase of current service, prior service, past service, military service, leave of absence service or out-of-state service credit shall be credited to the member’s account. A refund of a member’s retirement contributions at termination, as provided in subsection 60S-4.009(3), F.A.C., shall include all such remittances made by the member that have been credited to his or her account. If requested, a member may receive at the time of his or her retirement a refund of any contributions he or she made for the purchase of any additional service. A refund of member contributions cancels the member’s right to any retirement service credit represented by the refunded contributions. A member is not entitled to a refund of contributions paid by an employer, except as provided in subparagraph 60S-3.004(1)(c)4., F.A.C.

(7) The required contributions of a member of the Teachers’ Retirement System who transfers to the Florida Retirement System must be adjusted based on the rate of 6.25% of salary earned while a member of the Teachers’ Retirement System. As a result of this adjustment, any overpayment will be refunded to the member; any amount due must be paid by the member, plus annual compound interest, prior to retirement. Effective the date of transfer to the Florida Retirement System, contributions shall be paid as required by Chapter 121, F.S.

History

Rulemaking Authority 121.031 FS. Law Implemented 112.215(13), 121.031, 121.091(7), 121.71 FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 1-16-77, 8-26-81, 1-19-82, Formerly 22B-3.02, Amended 5-15-91, Formerly 22B-3.002, Amended 8-4-94, 8-13-03, 4-5-12.

Fla. Admin. Code R. 60S-3.003 Retirement Contributions for Regular, Special Risk, Elected Officer, Special Risk Administrative Support and Senior Management Service Classes of the Pension and Investment Plans of the Florida Retirement System; Contributions for the Retiree Health Insurance Subsidy; and Contributions for the Deferred Retirement Option Program

History

Rulemaking Authority 112.363(7), 121.031 FS. Law Implemented 112.363, 121.052, 121.055, 121.071, 121.091, 121.122, 121.30, 121.70, 121.71, 121.72 FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 7-1-79, 8-26-81, 10-12-82, 11-6-84, 9-24-85, Formerly 22B-3.03, Amended 1-12-87, 5-18-88, 2-7-89, 5-15-91, Formerly 22B-3.003, Amended 8-4-94, 3-12-96, 12-12-96, 2-24-99, 8-13-03, 4-5-12, 3-25-13, 10-23-16, Repealed 3-2-17.

Fla. Admin. Code R. 60S-3.0035 Interest Rate on Payments for Creditable Service

History

Rulemaking Authority 121.031 FS. Law Implemented 121.071, 121.081 FS. History–New 2-4-86, Amended 11-14-91, Formerly 22B-3.0035, Amended 8-13-03, Repealed 1-10-17.

Fla. Admin. Code R. 60S-3.004 Retirement Contributions for Past Service Credit

History

Rulemaking Authority 121.031 FS. Law Implemented 121.081(1) FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 1-16-77, 1-19-82, 11-6-84, 4-17-85, Formerly 22B-3.04, Amended 2-7-89, 5-15-91, Formerly 22B-3.004, Amended 4-5-12, 3-25-13, Repealed 3-2-17.

Fla. Admin. Code R. 60S-3.005 Retirement Contributions for Prior Service Credit

History

Rulemaking Authority 121.031 FS. Law Implemented 121.052, 121.052(3)(b), 121.081(1)(j), (2) FS. History–New 1-1-72, Amended 12-31-74, 7-1-79, 1-19-82, Formerly 22B-3.05, Amended 2-7-89, 11-14-91, Formerly 22B-3.005, Repealed 3-2-17.

Fla. Admin. Code R. 60S-3.006 Retirement Contributions for Military Service Credit

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021, 121.111 FS. History–New 1-1-72, Amended 12-31-74, 8-26-81, 2-6-84, 4-17-85, Formerly 22B-3.06, Amended 2-4-86, 2-7-89, 11-14-91, Formerly 22B-3.006, Amended 3-18-93, 8-13-03, 4-5-12, 1-20-14, Repealed 3-2-17.

Fla. Admin. Code R. 60S-3.007 Retirement Contributions for Leave of Absence Credit

The required contributions for any member who is eligible to claim creditable service for leaves of absence in accordance with Rule 60S-2.006, F.A.C., shall be determined as follows:

(1) Retirement contributions for leaves of absence credit are 8 percent for leaves of absence prior to January 1, 1975, 9 percent for leaves of absence from January 1, 1975 until June 30, 1980, and for leaves of absence after July 1, 1980 all leaves must be purchased at the combined rate of employee and employer contributions required for the class of membership under which the leave was granted. However, service credit purchased prior to July 1, 1980 for leave of absence in a class of membership other than the Regular Class of membership may be purchased by paying the appropriate additional contributions. The member shall receive creditable service for such leave in the membership class from which it was granted. The appropriate percentage is then multiplied by the number of months of the leave of absence multiplied by the rate of the member’s monthly compensation in effect immediately prior to the commencement of the leave of absence, plus interest from the fiscal year of the leave of absence as provided in Rule 60S-3.0035, F.A.C.

(2) The required contributions to claim full retirement credit as allowed in subsection 60S-2.006(3), F.A.C., for a leave of absence during which the member received partial salary (which was paid from a salary fund and on which retirement contributions were paid) shall be determined as follows:

Contributions shall be charged for any portion of the leave of absence on which retirement contributions have not already been paid. The rate of contributions shall be 8 percent for leaves of absence prior to January 1, 1975, 9 percent for leaves of absence from January 1, 1975 until June 30, 1980 and for leaves of absence after July 1, 1980 all leaves must be purchased at the combined rate of employee and employer contributions required for the class of membership under which the leave was granted. However, service credit purchased prior to July 1, 1980 for a leave of absence in a class of membership other than the Regular Class membership, may be purchased by paying the appropriate additional contributions. The member shall receive creditable service for such leave in the membership class from which it was granted. The appropriate percentage is then multiplied by the number of months of the leave of absence, multiplied by the rate of monthly compensation in effect immediately prior to the commencement of the leave of absence. The amount of contributions already paid shall be subtracted from the total amount due and interest on the remaining amount due shall be charged from the fiscal year of the leave of absence as provided in Rule 60S-3.0035, F.A.C.

(3) If the rate of contributions changes during a member’s leave, the member must purchase the remainder of the leave at the new contribution rate.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.121(4) FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 7-1-79, 8-26-81, Formerly 22B-3.07, Amended 2-7-89, Formerly 22B-3.007, Amended 4-5-12.

Fla. Admin. Code R. 60S-3.008 Retirement Contributions for Out-of-State and In-State Service Credit

(1) The required contributions for a member to claim out-of-state service credit as a seasonal state employee in accordance with subsection 60S-2.007(1), F.A.C., shall be the total contributions required under Rule 60S-3.003, F.A.C., for each month of service claimed, multiplied by the member’s monthly rate of compensation immediately prior to the commencement of the out-of-state service, plus interest from the fiscal year of the service claimed as provided in Rule 60S-3.0035, F.A.C.

(2) The required contributions for a member who is eligible to claim out-of-state service credit as a teacher in accordance with subsection 60S-2.007(2), F.A.C., shall be determined by the provisions of the Teachers’ Retirement System.

(3) The required contributions for a member who is eligible to claim credit for out-of-state public employment, federal employment including military service, or in-state non-FRS employment, as provided in subsection 60S-2.007(3), F.A.C., shall be 20 percent multiplied by the member’s salary for the first full work year of creditable service the member earned under the Florida Retirement System, or $12,000, whichever is greater; plus interest at 6.5 percent compounded annually from the first year creditable service is earned. The employer may pay all or a portion of the cost of this service credit.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.051(6), 121.1115, 121.1122, 122.07 FS. History–New 1-1-72, Amended 12-31-74, 7-1-79, Formerly 22B-3.08, Amended 5-15-91, Formerly 22B-3.008, Amended 4-5-95, 2-24-99, 8-13-03.

Fla. Admin. Code R. 60S-3.009 Contributions for Service Earned After Retirement

(1) For service performed by a retired person holding an elective public office and claimed as provided in subsection 60S-2.008(1), F.A.C., the applicable retirement contributions shall be made by the member and the employer for the member’s class of membership during the entire period of reemployment, as required in subsections 60S-3.003(1), (4), and (7), F.A.C.

(2) For service in a position included in the Elected Officers’ Class earned prior to July 1, 1990 by a retiree from a state-administered retirement system and claimed as Elected Officers’ Class service under the provisions of paragraph 60S-2.008(2)(a), F.A.C., the member shall pay the total applicable employee and employer contributions required for the Elected Officers’ Class for the period being claimed, plus interest from the first fiscal year of service as provided in Rule 60S-3.0035, F.A.C. The applicable employer contribution may be paid by the member’s employer in lieu of the member.

(3) For service as an elected officer in a position included in the Elected Officers’ Class earned prior to July 1, 1990 by a person retired from a state-administered retirement system and claimed as Regular Class service as provided in paragraph 60S-2.008(2)(b), F.A.C., the member shall pay the total applicable employee and employer contributions required for the Regular Class for the period being claimed, plus interest from the first fiscal year of service as provided in Rule 60S-3.0035, F.A.C. The applicable employer contributions may be paid by the member’s employer in lieu of the member.

(4) For service in a regularly established position by a person retired from a state-administered retirement system, earned prior to July 1, 1991 and claimed as Regular Class service, or for such service earned on or after February 1, 1987 and prior to July 1, 1991, and claimed as Senior Management Service Class service, as provided in subsection 60S-2.008(3), F.A.C., the contributions shall be as follows:

(a) The member shall pay the total applicable employee and employer contributions required for the Regular Class or the Senior Management Service Class for the period being claimed, plus interest from the first fiscal year of service as provided in Rule 60S-3.0035, F.A.C.

(b) The contribution for service between July 1, 1985 and the member’s renewed membership for which the reemployed retiree contribution was paid, shall be the difference between such contribution and the total applicable contribution.

History

Rulemaking Authority 121.031, 121.052(7) FS. Law Implemented 121.052(4), 121.071, 121.091(9), 121.053, 121.122 FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 7-1-79, 11-6-84, Formerly 22B-3.09, Amended 11-14-91, Formerly 22B-3.009, Amended 3-18-93, 2-24-99.

Fla. Admin. Code R. 60S-3.010 Contributions for Social Security

History

Rulemaking Authority 121.031 FS. Law Implemented 121.071 FS. History–New 1-1-72, Repromulgated 12-31-74, Amended 10-12-82, 9-24-85, Formerly 22B-3.10, Amended 5-15-91, Formerly 22B-3.010, Amended 3-18-93, 4-5-12, Repealed 3-2-17.

Fla. Admin. Code R. 60S-3.011 Payment of Contributions

(1) All retirement contributions for current services rendered by covered employees of all state-administered retirement plans shall be paid to the Division of Retirement. The required contribution rate shall be the rate in effect at the time the member is paid, as determined by his or her class of membership. Retirement contributions and accompanying payroll data for each payroll period are due and payable each month no later than the 5th working day of the month following the month in which covered wages are paid.

(2) Retirement contributions and accompanying payroll data not received at the Division on or before the due date shall be considered delinquent, unless a waiver is granted pursuant to the following or, for participants of the FRS Investment Plan, as provided in Rule 19-11.001, F.A.C.

(a) If the contributions required pursuant to subsection (1) are delinquent, a fee of 1.0 percent shall be assessed for each calendar month or part thereof that said contributions are delinquent. Such delinquent assessment shall be billed to the employer by invoice upon determination of the contributions due.

(b) Effective January 1, 2000, if the delinquent assessment billed to the employer in paragraph (a) above is not received at the Division within 30 days following the Division’s invoice date, an additional delinquent assessment of 1.0 percent on the invoiced amount shall be assessed for each calendar month or part thereof that said invoice is delinquent.

(c) If, due to a calculation or reporting error the amount of contributions reported and remitted are less than the amount required, the employer shall owe the difference, plus the delinquent fee, if applicable, of 1.0 percent on the invoiced amount. If the invoiced amount is not paid within 30 days following the invoice date, an additional delinquent assessment of 1.0 percent shall be added to the invoiced amount each month or part-month thereafter until full payment is submitted. Such delinquent fee paid on behalf of contributions reported late on behalf of a participant of the Investment Plan shall be transferred to the participant’s investment account as provided in Rule 19-11.001, F.A.C. Such delinquent fee paid on behalf of contributions reported late on behalf of a participant of the Pension Plan shall be retained in the Florida Retirement System Trust Fund.

(d) In the event delinquent employer contributions and accompanying payroll data result in market losses to the participants of the Investment Plan, the employer is required to reimburse each participant’s account for such market losses resulting from the late contributions. Additionally, an administrative fee for the cost of the third-party administrator’s calculation of the participant’s losses shall be assessed against the employer, as provided in Chapter 121, Part III, F.S., and Rule 19-11.001, F.A.C.

(e) Retirement contributions paid for a prior period shall be charged a delinquent fee of 1.0 percent for each calendar month or part thereof that said contributions should have been paid. This includes prior period contributions due to incorrect wages and contributions from an earlier report or wages and contributions that should have been reported, but were not. This delinquent assessment cannot be waived. If the delinquent assessment is not remitted within 30 days following the Division’s invoice date, an additional delinquent assessment of 1.0 percent on the invoiced amount shall be assessed for each calendar month or part thereof that said invoice is delinquent.

(3) Social Security contributions on wages paid on and after January 1, 1987 shall be paid in accordance with subsection 60S-3.010(3), F.A.C.; Social Security contributions on wages paid prior to such date shall be paid to the Division.

(4) Retirement contributions not remitted timely as prescribed in subsection (1) shall be delinquent, unless in the opinion of the Division exceptional circumstances beyond the employer’s control prevented payment by the prescribed due date and a waiver of the delinquent fee is granted by the Division. A waiver may be granted only once for an employer during any one fiscal year. The employer shall fully explain and certify such waiver request in writing to the Division. Should the Division deny a waiver request, the employer shall pay the assessed delinquent fee, plus any additional delinquent charges which have accumulated during the time required to review the request for a waiver of the delinquency charge.

(5) If the agency fails to pay the total amount due within 120 calendar days from the date of the Division’s invoice, the following action shall be taken:

(a) In the case of a state agency, the Administrator shall notify the Governor and certify the amounts due to the Director of Planning and Budgeting, Office of the Governor. If arrangements cannot be made to pay the amount due, then the amount shall be appropriated from the General Revenue Fund of the state as prescribed in Section 121.061, F.S.

(b) In the case of a county, municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center, the Administrator shall request the Department of Banking and Finance or the Department of Revenue to withhold the amount owed to the Florida Retirement System Trust Fund or the Social Security Contribution Trust Fund from any State funds allocated to the county, municipality, independent or special district, metropolitan planning organization, public charter school or public charter technical career center. If existing funds do not equal the amount owed to the trust funds, the Administrator shall certify to the local tax collector the amount owed, and the tax collector shall deduct the amount so certified from any taxes collected for the employer and pay the amount to the proper trust fund.

(6) Contributions may not be made prior to the service being performed.

(7) Payment of the required employee retirement contributions for other than current service shall be made in accordance with subsection 60S-3.002(4) and Rule 60S-3.0035, F.A.C.

(8) Retirement contributions shall be made on the salary paid to any retired member who is reemployed under the provisions of subsections 60S-4.012(2) and (3), F.A.C., in accordance with subsection 60S-3.003(6), F.A.C.

(9) The Division will transfer all contributions paid on behalf of the members of the FRS Pension Plan and the participants of the FRS Investment Plan to the appropriate trust funds or third party administrator, as required in Sections 121.72, 121.73, 121.74, 121.75 and 121.76, F.S.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.052(14), 121.055(3), 121.061, 121.071(3), (5), 121.091(7), (9), 121.113, 121.71, 121.72, 121.73, 121.74, 121.75, 121.76 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 7-1-79, 1-19-82, 10-12-82, 11-6-84, 9-24-85, Formerly 22B-3.11, Amended 5-15-91, Formerly 22B-3.011, Amended 12-30-99, 8-13-03, 4-5-12, 3-25-13.

Fla. Admin. Code R. 60S-3.012 Retirement Contributions for Creditable Service Upon the Death of a Member

The required contributions for creditable service claimed in accordance with Rule 60S-2.010, F.A.C., by a surviving spouse or other dependent upon the death of a member shall be determined as follows:

(1) If the surviving spouse or other dependent claims retirement credit in accordance with subsection 60S-2.010(2), F.A.C., the required contributions shall be the same that would have been required if the member had claimed the creditable service, computed in accordance with Rule 60S-3.004, 60S-3.005, 60S-3.006, 60S-3.007, 60S-3.008, or 60S-3.009, F.A.C., depending on the type of creditable service being claimed.

(2) If the surviving spouse claims retirement credit in accordance with subsection 60S-2.010(4), F.A.C., for a deceased elected official who would have become vested had he or she completed his or her term of office, the required contributions shall be the total of the monthly contributions which would have been required of the member and the member’s employer in accordance with Rule 60S-3.003, F.A.C., plus interest as provided in Rule 60S-3.0035, F.A.C., beginning with the first fiscal year of the period being claimed. Such contributions shall be based on the established salary and contribution rates for the deceased elected official’s position during the period being claimed and multiplied by the number of months of service credit claimed.

(3) If a surviving spouse or other eligible joint annuitant claims credit, in accordance with subsection 60S-2.010(5), F.A.C., for a deceased member whose employment is terminated by death within one year of satisfying the service requirements for vesting, the required contributions for service credit necessary to vest and qualify for retirement benefits shall be as follows:

(a) To purchase additional creditable service by using the deceased member’s accumulated hours of annual, sick, and compensatory leave credit in accordance with subparagraph 60S-2.010(5)(a)1., F.A.C., the spouse or eligible joint annuitant shall pay the contribution rate in effect for the period of time being claimed for the deceased member’s class of membership, multiplied by such member’s monthly salary at the time of death, plus interest as provided in Rule 60S-3.0035, F.A.C.

(b) To purchase additional creditable service by using the deceased member’s in-state or out-of-state service in accordance with subparagraph 60S-2.010(5)(a)2., F.A.C., the required contributions for service credit necessary to vest and qualify for retirement shall be as required in subsection 60S-3.008(3), F.A.C.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(7), 121.113 FS. History–New 10-20-72, Amended 11-18-72, Repromulgated 12-31-74, Amended 7-21-75, Formerly 22B-3.12, Amended 3-11-87, Formerly 22B-3.012, Amended 2-24-99, 8-13-03.

Fla. Admin. Code R. 60S-3.013 Retirement Contributions for Upgraded Previous Service Credit

(1) The required contributions for a current or former elected officer to claim retirement credit in the Elected Officers’ Class for service purchased on or after July 1, 1974, and specified in subsection 60S-2.013(1), F.A.C., shall be equal to the difference between the total employee and employer contribution rate actually paid and the total contribution rate required at the time the service was rendered based on the gross salary received, but not less than $1,000 per month, plus interest as provided in Rule 60S-3.0035, F.A.C., from the first fiscal year of the service being claimed. The appropriate contribution rates are as follows:

(a) For service rendered before July 1, 1972, the total contribution rate in effect on July 1, 1972; or

(b) For service rendered after July 1, 1972, the total contribution rate required at the time the service was rendered for the subclass of the Elected Officers’ Class being purchased; or

(c) For service rendered prior to the establishment of the subclass, the total contribution rate in effect for the appropriate subclass on the date the elective office was included in the Elected Officers’ Class as provided in subsection 60S-1.0055(1), F.A.C.; or

(d) For service rendered as an elected county officer before July 1, 1981, the total contribution rate applicable for the legislative subclass of the Elected Officers’ Class.

(e) For additional retirement credit in the Elected Officers’ Class purchased by an elected state officer from January 1, 1991 through June 30, 1991, such officer shall contribute one-half of the total contributions and interest calculated in accordance with this section; and an equal amount shall be paid by the employer. No contributions shall be paid by the employer on behalf of any elected state officer who purchases such retirement credit after June 30, 1991.

(2) The employer contributions for service, as provided in paragraph 60S-2.013(1)(c), F.A.C., as a county judge, judge of a court of record, judge of a criminal or civil court of record, or judge of any metropolitan court established pursuant to Section 6 of Article VIII of the State Constitution, which occurred prior to January 1, 1973, may be paid by the county wherein the service occurred or by the member, if the county refuses to make such payment, but in no case shall such payments be made from the general revenue fund.

(3) The required contributions for Senior Management Service Class members to upgrade service performed in the purview of the Senior Management Service Class retroactive to February 1, 1987 as provided in subsection 60S-2.013(2), F.A.C., shall be equal to the difference between the total contributions actually paid and the Senior Management Service Class contributions required during the time the service was rendered, plus interest as provided in Rule 60S-3.0035, F.A.C. The required contributions may be paid by the member’s employer on behalf of the member.

(4) The required contributions for a member of the Special Risk Class to claim retirement credit in such class for previous service in fire prevention or firefighter training within the purview of the Class as specified in subsection 60S-2.013(6), F.A.C., shall be equal to the difference between the total employee and employer contribution rate actually paid and the total contribution rate required at the time the service was rendered based on the gross salary received, plus interest as provided in Rule 60S-3.0035, F.A.C., from the first fiscal year of the service being claimed. The required contributions may be paid by the member’s employer on behalf of the member.

(5) The required contributions for a member of the Special Risk Class to claim retirement credit in such class for previous service as an emergency medical technician or paramedic within the purview of the Class as specified in subsection 60S-2.013(7), F.A.C., shall be equal to the difference between the total employee and employer contribution rate actually paid and the total contribution rate required at the time the service was rendered based on the gross salary received, plus interest as provided in Rule 60S-3.0035, F.A.C., from the first fiscal year of the service being claimed. The required contributions may be paid by the member’s employer on behalf of the member.

(6) The required contributions for a member of the Special Risk Class to claim retirement credit in such class for previous service in a forensic discipline within the purview of the Class as specified in subsection 60S-2.013(8), F.A.C., shall be an amount representing the actuarial accrued liability for the difference in the accrual value during the affected period of service as provided in Section 121.0515(10)(c), F.S. Local government employers may purchase the upgraded service on behalf of the member if that member has been employed by that employer for at least three years.

History

Rulemaking Authority 121.031, 121.052(14) FS. Law Implemented 121.0515, 121.052, 121.055 FS. History–New 10-20-72, Repromulgated 12-31-74, Amended 1-16-77, 11-6-84, Formerly 22B-3.13, Amended 2-4-86, 3-11-87, 9-5-90, 11-14-91, Formerly 22B-3.013, Amended 8-4-94, 4-5-95, 8-13-03, 4-5-12.

Fla. Admin. Code R. 60S-3.014 Retirement Contributions for Service Credit for a Period of Suspension Without Pay or Rescinded Dismissal

(1) The required contributions for claiming creditable service in accordance with subsection 60S-2.016(1), F.A.C., for a period during which the member is suspended without compensation shall be equal to the total contribution rate required of both the member and the member’s employer at the time of suspension, as specified in Rule 60S-3.003, F.A.C., multiplied by the monthly salary in effect for the member at the time of the suspension, multiplied by the number of months and fractions of months during which the member was suspended, plus 4 percent interest thereon compounded annually each June 30 from the date of suspension through June 30, 1975 and 6.5 percent interest thereafter compounded annually each June 30 beginning July 1, 1975 through date of payment.

(2) The required contributions for claiming creditable service in accordance with paragraph 60S-2.016(2)(a), F.A.C., for a period during which the member is dismissed and the dismissal is subsequently determined to be incorrect and is negated, the employee is made whole, and employment is reinstated, shall be equal to the total required employer contributions for the period for which the employee is made whole, plus interest at 6.5 percent compounded annually until full payment is made, to be paid by the employer. The employee shall pay the total employee contributions, plus interest, if applicable.

(3) The required contributions for claiming creditable service in accordance with paragraph 60S-2.016(2)(b), F.A.C., for a period during which the member is dismissed and the dismissal action is subsequently changed to a suspension, shall be as provided in subsection (1).

History

Rulemaking Authority 121.031 FS. Law Implemented 121.011(3)(e) FS. History–New 1-16-77, Formerly 22B-3.14, 22B-3.014, Amended 2-24-99.

Fla. Admin. Code R. 60S-3.015 Retirement Contributions for Retroactive Special Risk Class Service

History

Rulemaking Authority 121.031 FS. Law Implemented 121.0515 FS. History–New 11-6-84, Formerly 22B-3.15, 22B-3.015, Amended 4-5-12, Repealed 1-31-18.

Fla. Admin. Code R. 60S-3.016 Retirement Contributions for Terms of Elected Office Shortened by Apportionment, Federal Intervention, or Compulsory Termination Because of Age

History

Rulemaking Authority 121.031 FS. Law Implemented 121.052 FS. History–New 4-17-85, Formerly 22B-3.16, Amended 9-5-90, Formerly 22B-3.016, Amended 8-4-94, Repealed 1-31-18.

Fla. Admin. Code R. 60S-3.017 Retirement Contributions for Periods of Disability

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(4) FS. History–New 2-4-86, Amended 3-11-87, Formerly 22B-3.017, Repealed 1-31-18.

Chapter 60S-4 BENEFITS

Fla. Admin. Code R. 60S-4.001 Scope and Purpose

History

Rulemaking Authority 121.031 FS. Law Implemented 121.031 FS. History–New 1-1-72, Amended 10-20-74, Repromulgated 12-31-74, Formerly 22B-4.01, Amended 9-8-92, Formerly 22B-4.001, Amended 4-5-12, Repealed 12-22-15.

Fla. Admin. Code R. 60S-4.002 Statements of Policy

(1) All benefits and refunds of accumulated contributions provided for under this chapter shall be payable only upon termination of employment as defined in Rule 60S-6.001, F.A.C, and proper application to the Division as provided in Rule 60S-4.0035, F.A.C.

(2) Benefits provided for in this chapter, except for a refund of contributions and lump-sum benefits payable upon the death of a retired member, shall be payable in monthly installments. Benefits will begin to accrue on the effective date of retirement and will be payable on the last work day of each month.

(3) A member’s initial benefit as defined in Rule 60S-6.001, F.A.C., before adjustments for option 2, 3, or 4, may not exceed the lesser of 100% of the member’s average final compensation or the prescribed federal limits in accordance with Internal Revenue Code Section 415 and rulings pertaining thereto. If a member participates in any other plan maintained by an employer, benefits that accrue under the Florida Retirement System shall be considered primary for any aggregate limitation applicable under Internal Revenue Code Section 415.

(4) After a retirement benefit payment has been cashed or deposited or after a DROP payment is credited:

(a) No additional service, which remained unclaimed at retirement, may be claimed or purchased;

(b) The selection of an option may not be changed; and

When a member recovers from disability and subsequently applies for normal or early retirement as provided in subsections 60S-4.007(8) and (9), F.A.C.,
When a member begins receiving normal or early service retirement benefits while appealing a denial of his or her application for disability retirement and such disability application is subsequently approved as provided in paragraph 60S-4.007(3)(g), F.A.C.; or
When an elected officer requests, prior to July 1, 1990, that his or her benefit be suspended and recalculated as provided in paragraph 60S-4.012(6)(b), F.A.C.

(5) Any person who retires under the noncontributory retirement plan for state officers and employees established by Section 112.05, F.S., shall forfeit all rights and benefits under the Florida Retirement System, except for a refund of his or her accumulated contributions.

(6) Any member who is convicted by a court of competent jurisdiction of causing a shortage in a public account, when such shortage is certified by the Auditor General of the State, or a certified public accountant, may not retire or receive any benefits under the Florida Retirement System so long as such shortage exists.

(7) A person who is retired under the Florida Retirement System may not have his or her monthly retirement benefit reduced for the purpose of preserving his or her eligibility for pensions or benefits under some other state or federal program. A person may refuse application of the minimum benefit or the Retiree Health Insurance Subsidy.

(8) Immediately upon reducing, suspending or terminating a benefit or, if possible, prior to taking such action, the Division may give notice in writing to each person known by the Division to be substantially affected by the action. The notice shall:

(a) State the nature of the action and the reason for it.

(b) State that a person who does not agree with the action may request a hearing on the decision by filing, within 21 days of receipt of the notice, a petition prepared in accordance with Rule 28-106.201, F.A.C.

(c) State that a person who does not file a petition within 21 days of receipt of the notice shall have waived his or her right to request a hearing on the decision.

(d) Include a reference to this rule and a copy of Rule 28-106.201, F.A.C.

(9) To ensure the removal of names of deceased payees from the benefit payroll, the Division shall, at least once each year, conduct an audit of all payees to confirm that the payees being paid are still living. The Division may require payees for whom vital statistics are not available to demonstrate proof of life. Proof of life may be demonstrated through a provider company under contract with, and paid for by, the Department, or by submission of a completed Form SAPS (Rev. 12/23), http://www.flrules.org/Gateway/reference.asp?No=Ref-16173, Florida Retirement System Statement Attesting to Payee Status , which is incorporated herein by reference. When the reported death of a payee cannot be verified from vital statistics records the Division may require verification through a provider company under contract with, and paid for by, the Department, or by submission of a completed Form SAPS. Form SAPS may also be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. The Division shall suspend the benefits payable to any retiree or beneficiary not confirmed to be living.

(10) It is the responsibility of a payee to notify the Division of any change in his or her address. The Division may suspend benefit payments to a payee if correspondence sent to the payee’s mailing address is returned due to an incorrect address. Benefit payments will be resumed upon notification to the Division of the payee’s new address.

(11) A document signed by a member or payee with an “X” must include the signatures and addresses of two persons who have witnessed the signing, or the document must be notarized.

(12) A member or payee may designate an attorney in fact agent to handle his or her affairs by properly executing a power of attorney in accordance with Chapter 709, F.S. To establish a power of attorney with the Division, a copy of the original power of attorney must be submitted with the member’s or payee’s signature properly witnessed, and must designate the authorized attorney in fact agent to act on his or her behalf. The document must clearly state the specified acts to be performed on behalf of the member or payee. The division also requires the agent to submit a properly executed affidavit in accordance with Section 709.2119, F.S. Upon receipt of the properly executed power of attorney and affidavit, the Division will determine if the power of attorney document clearly specifies the acts required for payment of pension benefits. The Division will notify the payee and the agent of its determination. A power of attorney may be revoked by either written notification from the member or payee, death of the member or payee, or acts deemed to be inconsistent with authority. Once a power of attorney has been filed with the Division, the Division must be notified if the power of attorney is ever revoked.

(13) Upon receipt of proper documentation, and upon approval by the Division, retirement benefits may be paid to the court appointed or natural guardian of a payee.

(14) Any state warrant issued by the Chief Financial Officer for the payment of retirement benefits from the Florida Retirement System Trust Fund, or any other pension trust fund administered by the Division, that is not presented for payment within 1 year after the last day of the month in which it was originally issued, shall be cancelled by the Chief Financial Officer and the amount of the warrant credited to the Florida Retirement System Trust Fund or other pension trust fund administered by the Division, as appropriate. The Division may issue a replacement warrant when it deems appropriate.

History

Rulemaking Authority 121.031(1), 121.052(14), 121.091, 121.091(14), 121.30(9), 121.1001(4) FS. Law Implemented 121.021, 121.031, 121.051, 121.052 121.053, 121.055, 121.091, 121.23, 121.133, 121.30 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-20-74, Amended 12-31-74, 1-16-77, 7-1-79, 12-22-80, 8-26-81, 2-6-84, 11-6-84, 4-17-85, Formerly 22B-2.02, Amended 2-4-86, 3-11-87, 9-5-90, Formerly 22B-2.002, Amended 2-24-99, 8-13-03, 4-5-12, 3-25-13, 2-5-15, 12-21-23.

Fla. Admin. Code R. 60S-4.0025 Minimum Benefits

History

Rulemaking Authority 121.031 FS. Law Implemented 112.362 FS. History–New 7-1-79, Amended 8-26-81, Formerly 22B-4.025, Amended 2-4-86, 3-11-87, 5-18-88, 2-7-89, Formerly 22B-4.0025, Amended 8-13-03, Repealed 3-2-17.

Fla. Admin. Code R. 60S-4.003 Retirement Eligibility

(1) An FRS Pension Plan member shall be eligible to receive a retirement benefit based on age and service provided:

(a) He or she terminates all employment with all employers participating in the Florida Retirement System as provided in Rule 60S-6.001, F.A.C., (termination) or subsection (3) of this rule, except as provided in subsection 60S-4.012(8), F.A.C., and

(b) He or she satisfies vesting requirements by completing creditable service as follows:

Eight years of creditable service for members initially enrolled in the FRS on or after July 1, 2011.
Six years of creditable service for members initially enrolled in the FRS prior to July 1, 2011, subject to the following:

a. A member who is employed in a covered position on July 1, 2001 or a new member who begins employment in a covered position between July 1, 2001 and June 30, 2011, shall satisfy the vesting requirement for retirement eligibility upon completion of a total of 6 years of creditable service in any membership class;

b. A member with service before July 1, 2001 who is not employed on July 1, 2001 must be employed in a regularly established position for one work year after that date to become eligible for 6-year vesting as provided in sub-subparagraph a. However, when such member completes the vesting requirements in sub-subparagraphs 60S-4.003(1)(b)3.a.-c., F.A.C., prior to completing the one work year, such member shall be vested.

Any member initially enrolled in the FRS prior to July 1, 2001, who does not satisfy the requirement of sub-subparagraph 2. a. or b., shall remain subject to the following vesting requirements:

a. 10 years of any creditable service; or

b. 8 years of creditable service as an Elected Officers’ Class member; or

c. 7 years of creditable service as a Senior Management Service Class member, which shall include:

(I) Service in the Senior Management Service Class after January 31, 1987 or the effective date of membership in the Senior Management Service Class, whichever is later; and

(II) Service within the purview of the Senior Management Service Class performed on and after September 1, 1980 and prior to the effective date of membership in the Senior Management Service Class as provided in subsection 60S-1.0057(1), F.A.C. Such service shall have the percentage value per year of the Class to which the member belonged when the service was performed.

Normal retirement age with benefits payable according to Rule 60S-4.004, F.A.C., as follows:

a. If initially enrolled in the FRS prior to July 1, 2011, he or she has completed 30 years of creditable service, regardless of age; (all creditable service, including military service is applicable); or

b. If initially enrolled in the FRS on or after July 1, 2011, he or she has completed 33 years of creditable service, regardless of age; (all creditable service, including military service is applicable); or

c. If initially enrolled in the FRS prior to July 1, 2011, all of his or her creditable service is in the Regular Class, the Elected Officers’ Class, and/or the Senior Management Service Class, and he or she has reached age 62; or

d. If initially enrolled in the FRS on or after July 1, 2011, all of his or her creditable service is in the Regular Class, the Elected Officers’ Class, and/or the Senior Management Service Class, and he or she has reached age 65; or

e. All of his or her creditable service is Special Risk Class service or a combination of Special Risk Class service and Special Risk Administrative Support Class service, State and County Officers and Employees’ Retirement System high-hazard service, Highway Patrol Pension System service, or service as provided in Rule 60S-2.0041, F.A.C., and:

(I) He or she has satisfied vesting requirements in paragraph (b) but:

(A) If initially enrolled in the FRS prior to July 1, 2011, has completed less than 25 years of such creditable service and has reached age 55; or

(B) If initially enrolled in the FRS on or after July 1, 2011, has completed less than 30 years of such creditable service and has reached age 60; or

(II) He or she has creditable service that includes credit for military service, and:

(A) If initially enrolled in the FRS prior to July 1 , 2011, has completed 25 years of such service and has reached age 52; or

(B) If initially enrolled in the FRS on or after July 1 , 2011, has completed 30 years of such service and has reached age 57; or

(III) Regardless of age:

(A) If initially enrolled in the FRS prior to July 1, 2011, he or she has completed 25 years of such creditable service; or

(B) If initially enrolled in the FRS on or after July 1, 2011, he or she has completed 30 years of such creditable service.

Early retirement age with benefits payable in accordance with Rule 60S-4.005, F.A.C., as follows:

a. All of his or her creditable service is in the Regular Class, the Elected Officers’ Class, and/or the Senior Management Service Class and:

(I) If initially enrolled in the FRS prior to July 1, 2011, he or she has neither reached age 62, nor completed 30 years of service; or

(II) If initially enrolled in the FRS on or after July 1, 2011, he or she has neither reached age 65, nor completed 33 years of service; or

b. All of his or her creditable service is in the Special Risk Class or in a combination of the Special Risk Class and the Special Risk Administrative Support Class, the State and County Officers and Employees’ Retirement System High-Hazard service, the Highway Patrol Pension System, or service as provided in Rule 60S-2.0041, F.A.C., and:

(I) He or she has satisfied vesting requirements in paragraph (b), but:

(A) If initially enrolled in the FRS prior to July 1, 2011, has completed less than 25 years of such creditable service and has not reached age 55; or

(B) If initially enrolled in the FRS on or after July 1, 2011, has completed less than 30 years of such creditable service and has not reached age 60; or

(II) He or she has creditable service that includes credit for military service, but:

(A) If intially enrolled in the FRS prior to July 1, 2011, has completed 25 years of such service, but has not reached age 52; or

(B) If intially enrolled in the FRS on or after July 1, 2011, has completed 30 years of such service, but has not reached age 57.

Dual retirement ages with benefits payable in accordance with Rule 60S-4.006, F.A.C., when he or she has creditable service as a Regular Class, Elected Officers’ Class or Senior Management Service Class member; and as a Special Risk Class member, or a Special Risk Class member with high-hazard or Highway Patrol service.

(2) A member who becomes totally and permanently disabled may be eligible for a disability retirement benefit in accordance with Rule 60S-4.007, F.A.C.

(3) Any member who meets the eligibility requirements under subsection 60S-4.003(1), F.A.C., and who is a participant in the State University System Optional Retirement Program, the Community College Optional Retirement Program or the Senior Management Service Optional Annuity Program shall not be eligible to receive a Florida Retirement System retirement benefit until he or she terminates the employment which qualifies him or her for participation in the State University System Optional Retirement Program, the Community College Optional Retirement Program or the Senior Management Service Optional Annuity Program.

(4) A member of the State and County Officers’ and Employees’ Retirement System shall be eligible to receive a retirement benefit in accordance with Chapter 122 of the F.S.

(5) A member of the Teachers’ Retirement System shall be eligible to receive a retirement benefit in accordance with Chapter 238 of the Florida Statutes.

History

Rulemaking Authority 121.031, 121.052(14) FS. Law Implemented 121.021, 121.052(2), (3), 121.055 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 7-1-79, 9-9-82, 2-6-84, Formerly 22B-4.03, Amended 2-4-86, 1-12-87, 9-5-90, 11-14-91, Formerly 22B-4.003, Amended 3-18-93, 1-25-94, 8-13-03, 4-5-12, 3-25-13.

Fla. Admin. Code R. 60S-4.0035 Retirement Application and Effective Retirement Date

(1) It shall be the responsibility of the FRS Pension Plan member, the State and County Officers’ and Employees’ Retirement System member, the Teachers’ Retirement System member or the beneficiary of any such member in the event of the member’s death, to make application to the Division for retirement benefits. A member may apply for retirement benefits within 6 months prior to his or her date of termination of employment. If a member terminates his or her employment and elects to defer his or her retirement to some future date, he or she may apply for deferred benefits up to 6 months prior to the date he or she desires his or her retirement to become effective.

Applications for retirement benefits may be obtained from the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. Applications are as follows:

(a) Application for normal or early retirement for FRS Pension Plan members as provided in Rules 60S-4.004 and 60S-4.005, F.A.C., respectively shall be made on Form FR-11, effective 12/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-10131, Florida Retirement System Pension Plan Application for Service Retirement, herein incorporated by reference.

(b) Application for normal or early retirement for members of the State and County Officers’ and Employees’ Retirement System as provided in Rules 60S-4.004 and 60S-4.005, F.A.C., respectively, shall be filed with the Division on Form SR-11 (Rev. 09/07), http://www.flrules.org/Gateway/reference.asp?No=Ref-00372, State and County Officers’ and Employees’ Retirement System Application for Service Retirement, herein incorporated by reference.

(c) Application for normal or early retirement for members of the Teachers’ Retirement System as provided in Rule 60S-4.004, F.A.C., respectively, shall be filed with the Division on Form TR-11, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07341, Teachers’ Retirement System Application for Service Retirement, herein incorporated by reference.

(d) Application for retirement benefits by a beneficiary of a deceased FRS Pension Plan member, State and County Officers’ and Employees’ Retirement System member or a Teachers’ Retirement System member as provided in Rule 60S-4.008, F.A.C., shall be filed with the Division on Form FST-11B, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07344, Florida Retirement System Pension Plan Application of Beneficiary for Monthly Retirement Benefits, herein incorporated by reference. Application for retirement benefits by the contingent beneficiary of a deceased FRS Pension Plan member who selected an Option 2 benefit as provided in Rule 60S-4.010, F.A.C., wherein the primary beneficiary receiving the Option 2 benefit dies within the 10-year period following the member’s effective date of retirement, shall be filed with the Division on Form FST-11so2 (Rev. 12/02), http://www.flrules.org/Gateway/reference.asp?No=Ref-00362, Florida Retirement System Pension Plan Application for Survivor Benefits, herein adopted by reference.

(e) Application for retirement benefits by a beneficiary of a deceased FRS Investment Plan Special Risk class member as provided in Rule 60S-4.008, F.A.C., shall be filed with the Division on Form FST-11B-IP, effective 06/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09531, Florida Retirement System Application of Investment Plan Beneficiary for In-Line-of-Duty Benefits, herein incorporated by reference.

(f) Application for disability retirement as provided in Rule 60S-4.007, F.A.C., shall be made as follows:

FRS Pension Plan members shall file such application for disability retirement with the Division on Form FR-13, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07343, Florida Retirement System Pension Plan Application for Disability Retirement, herein adopted by reference.
FRS Investment Plan members shall file such application for disability retirement with the Division on Form PR-13, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07342, Florida Retirement System Investment Plan Application for Disability Retirement, herein adopted by reference.
State and County Officers’ and Employees’ Retirement System members shall file such application for disability retirement with the Division on Form SR-13 (Rev. 09/71), http://www.flrules.org/Gateway/reference.asp?No=Ref-00373, State and County Officers’ and Employees’ Retirement System Application for Disability Retirement, herein adopted by reference.
Teachers’ Retirement System members shall file such application for disability retirement with the Division on Form TR-13 (Rev. 10/86), http://www.flrules.org/Gateway/reference.asp?No=Ref-00384, Teachers’ Retirement System Employees’ Retirement System of Florida Application for Disability Retirement, herein adopted by reference.

(2) Application for benefits provided herein, shall include proof of age for the member and for the joint annuitant.

(a) Proof of age shall be established with one of the following types of evidence (except as provided in 9.):

Copy of a birth certificate;
Delayed birth certificate;
Valid, unexpired U.S. passport;
Census report more than 30 years old;
Life insurance policy more than 30 years old;
Letter from the Social Security Administration stating the date of birth it has established for the payment of benefits;
Certificate of Naturalization;
Florida drivers license issued after January 1, 2010 that indicates compliance with the federal REAL ID Act.
In the absence of the above, a document from two of the following categories will be required:

a. Copy of a birth certificate of child, showing age of parent;

b. Baptismal certificate more than 30 years old;

c. Hospital record of birth; and

d. School record at time of entering grammar school.

(b) The Division may require other evidence as deemed necessary in the event the above documents cannot be obtained or establish conflicting birth dates.

(c) Once the birthdates of the member and joint annuitant have been verified by one of the above methods and a retirement benefit has been cashed or deposited, evidence of a different birthdate will not be accepted.

(3) A copy of the marriage license if the spouse is named as beneficiary and the member selects option 3 or 4 as provided in Rule 60S-4.010, F.A.C., is required as part of a proper application for benefits under this section.

(4) The Division shall establish the member’s effective retirement date as follows:

(a) For a FRS Pension Plan member who makes application for a normal or early retirement benefit as provided in Rule 60S-4.004, F.A.C., or for a State and County Officers’ and Employees’ Retirement System member who makes application for a normal or early retirement benefit as provided in Section 122.08, F.S., or for a Teachers’ Retirement System member who makes application for a normal or early retirement benefit as provided in Section 238.07, F.S., the effective retirement date shall be the first day of the month following the month in which the member’s termination occurs, provided the Division receives such member’s application for retirement no later than 30 calendar days after such termination. If a member fails to apply for retirement within 30 calendar days after termination or if the member chooses to defer his or her retirement to a later date, the effective retirement date shall be the first day of the month following the month in which the Division receives the member’s application, or the first day of a later month specified by the member. However, for a member who retires under the provisions of the Deferred Retirement Option Program as provided in Chapter 60S-11, F.A.C., the member’s effective date of retirement shall be the DROP begin date as defined in subsection 60S-11.001(5), F.A.C.

(b) For a member who makes application for and is approved for disability retirement in accordance with Rule 60S-4.007, F.A.C., and for whom the Division has received from the employer the required documentation of the member’s termination of employment, the effective retirement date shall be:

The first day of the month following the Division’s receipt of the Disability Retirement application as provided in subsection (1), when receipt is before the documented termination date, and provided no salary or workers’ compensation payments are reported and no creditable service is granted past the month in which the Disability Retirement application is received; or
The first day of the month following the documented termination date, provided the Division’s receipt of the Disability Retirement application is within 30 calendar days after such date; or
The first day of the month following the Division’s receipt of the Disability Retirement application when receipt is more than 30 calendar days after the documented termination date; or
The first day of the month following the last month for which salary is reported or creditable service is granted, provided the Division receives the Disability Retirement application before such day and the documented termination date occurs after such day.
For a member who is receiving Workers’ Compensation payments, the effective retirement date shall not be prior to the date the member reaches Maximum Medical Improvement (MMI), except when the member terminates employment prior to reaching MMI.

(c) For a member who dies prior to an effective retirement date established pursuant to paragraph (a) or (b), the effective retirement date shall be the first day of the month following the month in which the member died, provided the joint annuitant makes timely application for benefits; or, for a deferred monthly benefit, the first day of the month following the month in which the Division receives the joint annuitant’s application for benefits, or the first day of a later month specified by the joint annuitant.

(5) When a member’s application for retirement benefits is received, the Division will:

(a) Acknowledge the receipt of the member’s application and advise him or her of any required information or documents that have not yet been received. Such information may include but is not limited to birthdate verification, beneficiary designation, option selection as required by Rule 60S-4.010, F.A.C., spousal acknowledgment by an FRS Pension member applying for retirement benefits or an Investment Plan participant applying for Disability retirement as required by subsection 60S-4.010(9), F.A.C., copy of the marriage license as provided in subsection (3), any payments due the member’s account for purchase of additional service credit or a written statement from the member that the member does not wish to claim such service credit, and final certification of earnings.

(b) Establish the effective retirement date as provided in paragraph 60S-4.0035(4)(a), F.A.C., for normal or early retirement, or as provided in paragraph 60S-4.0035(4)(b), F.A.C., for disability retirement.

(c) Send follow-up notices, reminding the member of any required information or documents that have not yet been received.

(d) If all the required information or documents have not been received by the Division after 3 follow-up notices have been sent to the member, a certified letter will be sent advising the member he or she has 21 days to provide such information or documents without loss of benefits.

(e) If all the required information or documents have not been received by the Division after the 21 days specified in the certified letter, a final agency action letter will be sent to the member advising the member that his or her application is canceled and he or she must reapply to receive benefits, with a new effective retirement date established upon application.

History

Rulemaking Authority 121.031, 121.4501(8) FS. Law Implemented 112.65, 121.021, 121.091, 121.4501(16), 121.591(2) FS. History–New 11-14-91, Formerly 22B-4.0035, Amended 8-4-94, 12-12-96, 8-13-03, 4-5-12, 11-6-16, 6-28-18, 12-23-18.

Fla. Admin. Code R. 60S-4.004 Benefits Payable Upon Normal Retirement

(1) The maximum normal monthly retirement benefit for a member who retires with creditable service only under the Florida Retirement System shall be calculated by multiplying the years of service times the percentage value per year of service times the average final compensation, and dividing the product by 12, as follows:

(a) For a member who has creditable service only as a Regular Class member:

Normal Monthly Benefit = A × B × AFC

Where:

If initially enrolled in the FRS prior to July 1, 2011, A is –

1.60% at age 62

1.63% at age 63

1.65% at age 64

1.68% at age 65

or over, not to exceed 1.68% Or

1.60% with 30 years of creditable service

1.63% with 31 years of creditable service

1.65% with 32 years of creditable service

1.68% with 33 years of creditable service or more, not to exceed 1.68%

If initially enrolled in the FRS on or after July 1, 2011, A is -

1.60% at age 65

1.63% at age 66

1.65% at age 67

1.68% at age 68

or over, not to exceed 1.68% Or

1.60% with 33 years of creditable service

1.63% with 34 years of creditable service

1.65% with 35 years of creditable service

1.68% with 36 years of creditable service or more, not to exceed 1.68%

B is – The sum of all complete years and fractions of a year of creditable Regular Class service under the Florida Retirement System.

AFC (Average Final Compensation) is – If initially enrolled in the FRS prior to July 1, 2011, the average annual compensation of the 5 highest years of compensation of creditable service prior to retirement, termination or death. If initially enrolled in the FRS on or after July 1, 2011, the AFC is the average annual compensation of the 8 highest years of compensation of creditable service prior to retirement, termination or death.

Average Final Compensation shall be figured in the following manner:

Identify the total salary paid for each July 1 through June 30 fiscal year.
Rank the fiscal years of salary in order from the highest annual salary to the lowest annual salary. In order to determine the annual salary for ranking purposes only, during a year for which a member receives less than a full year of creditable service, divide the actual salary received by the percentage of a year of creditable service earned for that year.

3.a. If initially enrolled in the FRS prior to July 1, 2011, total the actual salary received for the highest 5 years. If the highest 5 fiscal years do not constitute 5 complete years of creditable service, add the necessary percentage of the next highest fiscal years’ salaries to complete 5 years of creditable service.

b. If initially enrolled in the FRS on or after July 1, 2011, total the actual salary received for the highest 8 years. If the highest 8 fiscal years do not constitute 8 complete years of creditable service, add the necessary percentage of the next highest fiscal years’ salaries to complete 8 years of creditable service.

The average final compensation shall be the annual average of the total obtained in 3.

(b) For a member who has creditable service only as a Special Risk Class member:

Normal Monthly Benefit =

(Ai × Bi ) × AFC, as i varies from 1 to 6

Where Ai corresponds to Bi as follows:

A1 is – 2% at any age.

B1 is – The sum of all complete years and fractions of a year of creditable Special Risk Class service under the Florida Retirement System prior to October 1, 1974 and all creditable Special Risk Class service performed October 1, 1978 through December 31, 1988.

A2 is – 3% at any age.

B2 is – The sum of all complete years and fractions of a year of creditable Special Risk Class service under the Florida Retirement System October 1, 1974 through September 30, 1978 and all creditable Special Risk Class service performed on and after January 1, 1993; and for Special Risk Class members who retire on or after July 1, 2000, all creditable Special Risk Class service performed on and after October 1, 1974.

A3 is – 2.2% at any age.

B3 is – The sum of the complete year or fraction of the year of creditable Special Risk Class service under the Florida Retirement System January 1, 1989 through December 31, 1989.

A4 is – 2.4% at any age.

B4 is – The sum of the complete year or fraction of the year of creditable Special Risk Class service under the Florida Retirement System January 1, 1990 through December 31, 1990.

A5 is – 2.6% at any age.

B5 is – The sum of the complete year or fraction of the year of creditable Special Risk Class service under the Florida Retirement System January 1, 1991 through December 31, 1991.

A6 is – 2.8% at any age.

B6 is – The sum of the complete year or fraction of the year of creditable Special Risk Class service under the Florida Retirement System January 1, 1992 through December 31, 1992.

AFC (Average Final Compensation) is – Computed the same as in paragraph 60S-4.004(1)(a), F.A.C.

Normal Monthly Benefit = (A × B) + (A1 × B1) × AFC

Where:

A is – 3 1/3% for all service in the Elected Officers’ Class as a supreme court justice, district court of appeal judge, circuit court judge, or a county court judge, and all service as judge of a court of record, judge of a civil or criminal court of record, judge of any metropolitan court established pursuant to section 6, Article VIII of the State Constitution, judge of a small claims court, or justice of the peace, for which additional credit in the Elected Officers’ Class has been purchased by a member of that class who is or was a justice or judge.

B is – The sum of all complete years and fractions of a year of creditable service having the value of 31/3%.

A1 is – 3% for all service in the Elected Officers’ Class other than that service represented by the alphabetic designation of A.

B1 is – The sum of all complete years and fractions of a year of creditable service having the value of 3%.

AFC (Average Final Compensation) – is computed the same as in paragraph 60S-4.004(1)(a), F.A.C. If a member receives compensation as a member of the Elected Officers’ Class and at the same time receives compensation for employment in some other position covered by the Florida Retirement System, only the salary received as a member of the Elected Officers’ Class shall be used in the calculation of his or her average final compensation. If a member has received credit for upgraded previous Elected Officers’ Class service as provided in Rule 60S-2.013, F.A.C., and the upgraded service salary is greater than his or her actual salary, the upgraded service salary shall be used in the calculation of his or her average final compensation.

(d) For a member who has creditable service only as a senior management service member:

Normal Monthly Benefit =

A × B × AFC

Where:

A is – 2.00% at any age.

B is – The sum of all complete years and fractions of a year of creditable service in the Senior Management Service Class on and after February 1, 1987.

AFC (Average Final Compensation) is – Computed the same as in paragraph 60S-4.004(1)(a), F.A.C.

(e) For a member who has creditable service in more than one membership class of the Florida Retirement System, the normal monthly retirement benefit shall be the sum of the normal monthly benefits the member is eligible to receive in each of the classes of membership in which the member has creditable service, as calculated in paragraphs 60S-4.004(1)(a), (b), (c) and (d), F.A.C.

(2) The normal monthly retirement benefit for a member who retires with creditable service under the Florida Retirement System and the State and County Officers and Employees’ Retirement System, the Judicial Retirement System, the Teachers’ Retirement System, or the Highway Patrol Pension System shall be the sum of the normal monthly benefit for his or her creditable service under the Florida Retirement System as calculated in accordance with subsection 60S-4.004(1), F.A.C., and the normal monthly benefit the member would have been eligible to receive for his or her creditable service under any of the other-named retirement systems, calculated as follows:

(a) A member with creditable service under the Florida Retirement System and Plan A of the State and County Officers and Employees’ Retirement System:

Normal Monthly Benefit =

(A × B × AFC) + (A1 × B1 × AFC)

Where:

A and B are – The same as in subsection 60S-4.004(1), F.A.C.

A1 is – 2%

B1 is – The sum of all complete years and fractions of a year of creditable service under Plan A.

AFC is – The same average as calculated in paragraph 60S-4.004(1)(a), F.A.C.

(b) A member with creditable service under the Florida Retirement System and Plan B of the State and County Officers and Employees’ Retirement System:

Normal Monthly Benefit =

(A × B × AFC) + (A2 × B2 × AFC)

Where:

A and B are – The same as in subsection 60S-4.004(1), F.A.C.

A2 is – 1.50%

B2 is – The sum of all complete years and fractions of a year of creditable service under Plan B and by Metro Dade County employees employed on or after July 1, 1969.

AFC is – The same average as calculated in paragraph 60S-4.004(1)(a), F.A.C.

Normal Monthly Benefit =

(A × B × AFC) + (A3 × B3 × AFC)

(A4 × B4 × AFC) + (A5 × B5 × AFC)

Where:

A and B are – The same as in subsection 60S-4.004(1), F.A.C.

A3 is – 3.33%

B3 is – The sum of all complete years and fractions of a year of creditable service as a justice or judge, except service as a supreme court justice, if the justice was in office on July 1, 1957.

A4 is – 5%

B4 is – The sum of all complete years and fractions of a year of creditable service as a supreme court justice if in office on July 1, 1957.

A5 is – 2%

B5 is – The sum of all complete years and fractions of a year of creditable service not as a justice or judge, and which the member was eligible to claim prior to transferring to the Florida Retirement System.

AFC is – The same average as calculated in subsection 60S-4.004(1), F.A.C.

(d) A member with creditable service under the Florida Retirement System and Plan E of the Teachers’ Retirement System:

Normal Monthly Benefit =

(A × B × AFC) + (A6 × B6 × AFC)

Where:

A and B are – The same as in subsection 60S-4.004(1), F.A.C.

A6 is – 2%

B6 is – The sum of all complete years and fractions of a year of creditable service under Plan E of the Teachers’ Retirement System:

AFC is – The same average as calculated in subsection 60S-4.004(1), F.A.C.

(e) A member with creditable service under the Florida Retirement System and the Highway Patrol Pension System:

Normal Monthly Benefit =

(A × B × AFC) + (A7 × B7 × AFC)

(A8 × B8 × AFC)

Where:

A7 is – 2.50% for creditable service under the Highway Patrol Pension System not to exceed 20 years of credit, if the member was employed on or before June 30, 1953.

B7 is – The sum of all complete years and fractions of a year of creditable service under the Highway Patrol Pension System not to exceed 20 years, if the member was employed on or before June 30, 1953.

A8 is – 2%

B8 is – The sum of all complete years and fractions of a year of creditable service under the Highway Patrol Pension System not valued at 2.50%.

AFC is – The same average as calculated in subsection 60S-4.004(1), F.A.C.

(f) The normal monthly benefit for a member with creditable service under the Florida Retirement System and more than one of the other retirement systems named in subsection 60S-4.004(2), F.A.C., shall be the sum of the normal monthly benefit for the member’s service under the Florida Retirement System as calculated in accordance with subsection 60S-4.004(1), F.A.C., and the normal monthly benefit for the member’s creditable service under each of the other retirement systems as calculated in accordance with subsection 60S-4.004(2), F.A.C.

(g) The normal retirement benefit for a member of the State and County Officers’ and Employees” Retirement System shall be calculated in accordance with the provisions of Chapter 122, F.S., and the normal retirement benefit for a member of the Teachers’ Retirement System shall be calculated in accordance with the provisions of Chapter 238, F.S.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021, 121.052, 121.055, 121.091(1) FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 7-1-79, 2-6-84, 4-17-85, Formerly 22B-4.04, Amended 1-12-87, 2-7-89, 9-5-90, 5-15-91, Formerly 22B-4.004, Amended 8-13-03, 4-5-12, 3-25-13.

Fla. Admin. Code R. 60S-4.005 Benefits Payable Upon Early Retirement

History

Rulemaking Authority 121.031, 121.052(14) FS. Law Implemented 121.021(30), 121.091(3), 121.052(5), 121.055 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 8-26-81, Formerly 22B-4.05, Amended 1-12-87, Formerly 22B-4.005, Amended 12-12-96, 8-13-03, 4-5-12, 3-25-13, Repealed 3-2-17.

Fla. Admin. Code R. 60S-4.006 Benefits Based on Dual Retirement Ages

History

Rulemaking Authority 121.031, 121.052(14) FS. Law Implemented 121.021, 121.052(5), 121.055,121.091(2) FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 7-1-79, Formerly 22B-4.06, Amended 1-12-87, Formerly 22B-4.006, Amended 1-25-94, 8-13-03, 4-5-12, 3-25-13, Repealed 3-2-17.

Fla. Admin. Code R. 60S-4.007 Benefits Payable for Disability Retirement

(1) A member of the Pension Plan or a participant of the Investment Plan shall be eligible to apply for a disability benefit in accordance with Section 121.091(4), F.S., provided:

(a) The member is in the employ of a Florida Retirement System employer at the time the member becomes disabled; and

(b) The member is no longer able to work; and

The member becomes disabled in-line-of-duty regardless of length of service; or
The member was employed on or after July 1, 2001, and has completed at least 8 years of creditable service; or
The member completed at least 10 years of creditable service prior to July 1, 2001; or
The member completed 5 years of creditable service prior to July 1, 1980; or
The member was employed on July 1, 1980, had completed less than 5 years of creditable service on that date, but has since completed a total of 5 years creditable service and provides proof that he or she has not attained a fully insured status for benefits under the federal Social Security Act; and

(d) The member’s eligibility to apply is verified by the Administrator upon the receipt of the disability retirement application; Form FR-13, for FRS Pension Plan members and Form PR-13, for FRS Investment Plan members as adopted in paragraph 60S-4.003(1)(c), F.A.C., according to the following:

If the Administrator determines that the member has satisfied the eligibility requirements, the Administrator will then consider the member’s total and permanent disability claim (Form FR-13 for FRS Pension Plan members or Form PR-13 for FRS Investment Plan members) as provided in paragraphs 60S-4.007(2)(b) and (d), F.A.C.
Should the Administrator determine that the member has failed to satisfy such eligibility requirements; the member shall be notified by certified mail with return receipt requested. If the member disagrees with the determination, he or she may petition in writing the State Retirement Commission for an administrative hearing pursuant to Sections 120.569 and 120.57(1), F.S. If no petition is filed within 21 calendar days of receipt of the certified letter, the determination will become final.

(2) An FRS member who is eligible in accordance with subsection 60S-4.007(1), F.A.C., shall receive a disability benefit provided:

(a) The member is totally and permanently disabled by reason of a medically determinable physical or mental impairment which prevents him or her from rendering useful and efficient service as an officer or employee. The unavailability of an employment position that the member is physically and mentally capable of performing shall not be a factor in such determination of total and permanent disability. The member shall be considered disabled in the line-of-duty if his or her injury or illness arose out of and in the actual performance of duty required by the member’s employment. Documentation must show that:

The member’s medical condition occurred or became symptomatic during the time the member was employed in an employee/employer relationship with his or her employer; and
The member was totally and permanently disabled at the time he or she terminated his or her covered employment; and
The member was not employed with any other employer after such termination; and
If the application is for in-line-of-duty disability, the disability must have been caused by a job-related illness or accident which occurred while the member was in an employee/employer relationship with his or her employer; and

(b) The member makes proper application in accordance with Rule 60S-4.0035, F.A.C., and submits the following to the Division which must include documentation attesting to the criteria in paragraph (a):

Application for Disability Retirement;

a. An FRS Pension Plan member shall submit application on Form FR-13, Florida Retirement System Pension Plan Application for Disability Retirement, adopted in Rule 60S-4.0035, F.A.C.;

b. An FRS Investment Plan member shall submit application on Form PR-13, Florida Retirement System Investment Plan Application for Disability Retirement, adopted in Rule 60S-4.0035, F.A.C.;

Statement of Disability by Employer, Form FR-13a (Rev. 07/06), http://www.flrules.org/Gateway/reference.asp?No=Ref-00351, Florida Retirement System Statement of Disability by Employer, herein adopted by reference; to be completed by the member’s employer which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500 or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771;
Two Physician’s Reports to be completed by two Florida licensed physicians as follows:

a. Such reports shall be completed and submitted to the Division on Form FR-13b, revised 07/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-10676, Florida Retirement System Physician's Report, herein adopted by reference which may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)607-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

b. Effective July 1, 2005, a member employed in a Florida Retirement System (FRS)-covered position who is permanently assigned by his or her FRS employer to work outside the State of Florida, but within the United States, may have the FR-13b forms completed by two licensed physicians of the state of work assignment;

Any other evidence of disability requested by the Administrator which may include reports from vocational rehabilitation, evaluation, or testing specialists who have evaluated the applicant for employment; and

(d) The Administrator approves the member’s application for regular disability or in-line-of-duty disability according to the following:

Upon receipt of the completed application and all required documents as provided in paragraph 60S-4.007(2)(b), F.A.C., the Administrator shall determine if the member is totally and permanently disabled by reason of a medically determinable physical or mental impairment which prevents him or her from rendering useful and efficient service as an officer or employee. If the member has applied for in-line-of-duty disability, the Administrator will also determine if the member’s injury or illness arose out of and in the actual performance of duty required by the member’s employment.
Any firefighter, paramedic, emergency medical technician, law enforcement officer or correctional officer who is approved for disability retirement due to hepatitis, meningococcal meningitis, or tuberculosis, is presumed to be disabled in the line of duty, unless the contrary is shown by competent evidence, provided:

a. The member, after diagnosis of hepatitis, meningococcal meningitis, or tuberculosis, verifies by written affidavit that he or she was not exposed, outside the scope of his or her employment, to such diseases, as provided in Sections 112.181(2)(a), (b) and (c), F.S.; and

b. The member, prior to diagnosis, undergoes immunization or prophylaxis for the prevention of hepatitis, meningococcal meningitis, or tuberculosis, when such immunization or prophylaxis exists and where medically indicated, and unless the member is advised by his or her doctor in writing that immunization or prophylaxis would pose a significant risk to his or her health, as provided in Section 112.181(3), F.S.; and

c. The member undergoes, prior to diagnosis, standard, medically acceptable tests which fail to indicate the presence of hepatitis infection, or tuberculosis, or the evidence of medical conditions derived therefrom, and on or after January 1, 1996, a member, prior to employment in an affected position, undergoes a preemployment physical examination that tests for and fails to reveal any evidence of hepatitis infection or tuberculosis.

d. All such members shall file an incident or accident report with their employer of each instance of known or suspected occupational exposure to hepatitis infection, meningococcal meningitis, or tuberculosis; and the employer shall maintain a record of any known or reasonably suspected exposure of such employees to such diseases and immediately notify the employees of such exposure.

Any firefighter, law enforcement officer, or correctional officer as defined in Section 943.10(1), (2), or (3), F.S., who is approved for disability retirement due to tuberculosis, heart disease, or hypertension is presumed to be disabled in the line of duty, unless the contrary is shown by competent evidence, provided the member has successfully passed a physical examination upon entering employment as a firefighter or state law enforcement and the examination failed to reveal any evidence of such conditions.
The member shall be notified of the Administrator’s approval as follows:

a. If the Administrator approves the member’s application for regular disability or in-line-of-duty disability benefits the member shall be notified and shall receive benefits as provided in subsection 60S-4.007(5), F.A.C.

b. For a member who has applied for in-line-of-duty disability benefits, if the Administrator determines that the member is totally and permanently disabled but that such member’s illness or injury did not arise out of and in the actual performance of duty required by the member’s employment, the Administrator shall notify the member that his or her application for in-line-of-duty disability benefits is denied but that, if eligible, such member shall receive regular disability benefits as provided in paragraph 60S-4.007(5)(b), F.A.C. If such member chooses to appeal the Administrator’s denial of in-line-of-duty disability benefits as provided in subsection 60S-4.007(3), F.A.C., the member may choose to begin receiving the regular disability benefits while appealing such denial.

(3) Should the Administrator determine that a member has failed to demonstrate total and permanent regular disability or in-line-of-duty disability, as provided in paragraph 60S-4.007(2)(a), F.A.C., the following procedure shall be followed:

(a) The member shall be notified by certified mail with return receipt requested. The notice shall include a summary of the factual, legal and policy grounds for the Administrator’s intended decision.

(b) When a member receives notice that the Administrator intends to deny his or her application, he or she shall have 21 calendar days to present written evidence to the Administrator in opposition to the intended action or written objections challenging the grounds upon which the Administrator has based his or her intended decision.

(c) If the Administrator overrules the objections of the member, he or she shall within 21 calendar days provide a written explanation to the member by certified mail with return receipt requested, giving the reasons for his or her decision and advising the member of his or her right of appeal under the law. A copy of this final decision on the merits shall be sent to the member’s employer.

(d) If the member does not accept the Administrator’s final decision on the merits, the member may request in writing a hearing on his or her disability claim before the State Retirement Commission pursuant to Section 120.57(1), F.S. Such request shall be made within 21 calendar days from the date the member receives notice of the Administrator’s final decision. If the State Retirement Commission’s decision upholds the member’s request for disability retirement benefits, the Commission may include in the retirement order an amount for reasonable attorney’s fees and taxable costs. The amount of the attorney’s fee shall be determined by the commission and shall not exceed 50 percent of the initial yearly benefit awarded to the member. The taxable costs shall be calculated in accordance with the statewide uniform guidelines for taxation of costs in civil actions.

(e) The decisions of the State Retirement Commission on matters brought before it under this section shall be final agency action.

(f) The decisions of the State Retirement Commission shall be reviewable by petition to the District Court of Appeal pursuant to Section 121.23, F.S.

(g) A member whose application for regular disability retirement has been denied may, if eligible, elect to receive normal or early service retirement benefits after he or she has filed an appeal to the State Retirement Commission and is awaiting the decision on the appeal. If the member elects to receive service retirement benefits and disability benefits are later approved as a result of the appeal, the payment option chosen by the member cannot be changed. If the member elects to receive early service retirement and the appeal is later denied, the member cannot change his or her election of early retirement. Before beginning to receive regular or early retirement benefits, the member must complete and submit Form SRA-1 (Rev. 12/04), http://www.flrules.org/Gateway/reference.asp?No=Ref-00378, Florida Retirement System Pension Plan Service Retirement Agreement, herein adopted by reference, to the Division attesting to the fact that he or she understands that he or she cannot make such changes after he or she begins receiving the benefits. Form SRA-1 may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area, or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(4) A member, whose initial application for disability retirement has been denied, may reapply for disability benefits; however, such member’s reapplication will be considered only if the member presents new medical evidence of a medical condition that existed prior to the member’s termination of employment.

(a) To reapply, the FRS member shall submit to the Division:

A new Application for Disability Retirement as provided in paragraph 60S-4.0035(1)(c), F.A.C. The effective retirement date shall be established as provided in paragraph 60S-4.0035(3)(b), F.A.C., based on the date of receipt of the new application; and
A new Statement of Disability by Employer as provided in subparagraph 60S-4.007(3)(b)2., F.A.C., only if an employee/employer relationship has existed since the date of the initial disapproval; and
Two new Physician’s Reports completed as provided in subparagraph 60S-4.007(3)(b)3., F.A.C. The application will be considered only if the physician certifies the following:

a. The member’s medical condition occurred or became symptomatic during the time the member was employed in an employee/employer relationship with his or her employer; and

b. The member was totally and permanently disabled at the time he or she terminated his or her covered employment, and he or she has not been employed with any other employer after such termination; and

c. If the application is for in-line-of-duty disability, the disability was caused by a job-related illness or accident which occurred while the member was in an employee/employer relationship with his or her employer.

(b) The reapplication for disability retirement will be reviewed to determine if the information had not been previously available or if new information from the previous physicians has been submitted, as follows:

If no new medical information is received, the reapplication for disability retirement will be disapproved as provided in subsection 60S-4.007(3), F.A.C., and the member will be advised of his or her right to an Administrative Hearing under Chapter 120, F.S.
If new medical information is received, the same review and approval or disapproval process will be followed as for an initial application as provided in subsection 60S-4.007(2), F.A.C. If the reapplication is disapproved, and regardless of whether the member appealed the initial disapproval decision to the State Retirement Commission, the member may request a hearing before the State Retirement Commission under Section 120.57(1), F.S., as provided in subsection 60S-4.007(3), F.A.C.

(5) An FRS member who has received approval from the Administrator shall receive benefits in accordance with the following:

(a) The FRS member approved for in-line-of-duty disability may elect to receive:

A monthly benefit computed in the same manner as for a normal retirement benefit under Option 1 in subsection 60S-4.010(1), F.A.C., as if the member had reached normal retirement age, but based on his or her average final compensation and creditable service as of his or her disability retirement date, except that, if this produces a benefit which is less than 42 percent of his or her average monthly compensation as of his or her disability retirement date, he or she shall receive a benefit equal to 42 percent of his or her average monthly compensation, except that a Special Risk Class member who retires on or after July 1, 2000, shall receive a benefit equal to at least 65 percent of his or her average monthly compensation; or
A monthly benefit computed in the same manner as for a normal retirement benefit under Options 2, 3 or 4 as provided in paragraphs 60S-4.010(1)(b), (c) and (d), F.A.C. The benefit payable shall be the actuarial equivalent of the disability benefit as described in subparagraph 1., above, to which the member would otherwise be entitled.

(b) The FRS member approved for regular disability may elect to receive:

A monthly benefit computed in the same manner as for a normal retirement benefit under Option 1 in subsection 60S-4.010(1), F.A.C., as if the member had reached normal retirement age, but based on his or her average final compensation and creditable service as of his or her disability retirement date, except that if this produces a benefit which is less than 25 percent of his or her average monthly compensation as of his or her disability retirement date, he or she shall receive a benefit equal to 25 percent of his or her average monthly compensation; or
A monthly benefit computed in the same manner as for a normal retirement benefit under Options 2, 3 or 4 as provided in paragraphs 60S-4.010(1)(b), (c) and (d), F.A.C. The benefit payable shall be the actuarial equivalent of the disability benefit as described in subparagraph 1., above, to which the member would otherwise be entitled.
The FRS Pension Plan member shall make his or her option selection as prescribed in subsection 60S-4.010(1), F.A.C. A married member who selects option 1 under paragraph (a) or option 2 under paragraph (b) shall notify his or her spouse of such option selection, and the spouse shall acknowledge any such option selection in accordance with subsection 60S-4.010(9), F.A.C.
The FRS Investment Plan member shall make his or her option selection on Form PR-11o (Rev. 02/10), http://www.flrules.org/Gateway/reference.asp?No=Ref-00366, Florida Retirement System Investment Plan Option Selection for Disability Retirement, herein adopted by reference, which also requires such member to attest to his or her marital status on Form SA-2 (02/10), http://www.flrules.org/Gateway/reference.asp?No=Ref-00369, Florida Retirement System Investment Plan Spousal Acknowledgment Form for Disability Retirement, herein adopted by reference. A married member who selects option 1 under paragraph (a) or option 2 under paragraph (b) shall notify his or her spouse of such option selection, and the spouse shall acknowledge any such option selection on the SA-2 form. Form PR-11o and Form SA-2 may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(6) Blindness shall not be deemed a retirement disability within the provisions of the Florida Retirement System for any blind or partially-sighted person employed or licensed by the Bureau of Blind Services as a vending stand operator.

(7) Nonadmissible causes of disability shall be as follows:

(a) A member shall not be entitled to receive any disability retirement benefit other than a refund of his or her contributions if his or her disability is a result of any of the following:

Injury or disease sustained by a member who is convicted of willfully participating in riots, civil insurrections, or other acts of violence while committing a felony;
Injury or disease sustained by the member after his or her employment has terminated; or
Intentional self-inflicted injury.

(b) A member shall not be entitled to receive in-line-of-duty disability benefits when the disability results from drug or alcohol abuse except when the member is expected to use alcohol in the course of official undercover law enforcement work and such use clearly results in his or her disability.

(8) A member who retires under disability, subsequently recovers, and does not reenter covered employment shall notify the Division immediately to have his or her disability benefits discontinued and shall be subject to the following provisions:

(a) If he or she was not vested as of his or her disability retirement date, he or she shall be entitled to the excess, if any, of his or her accumulated contributions over the total disability benefits received up to his or her date of recovery.

(b) If he or she was vested as of his or her disability retirement date, he or she may elect to receive:

The excess, if any, of his or her accumulated contributions over the total disability benefits received up to his or her date of recovery; or
If the member has not reached normal retirement age at the time of recovery, he or she may receive a monthly benefit at the time he or she reaches normal retirement age, calculated in accordance with Rule 60S-4.004, F.A.C., based on his or her average final compensation and creditable service as of his or her disability retirement date.
If the member has not reached normal retirement age at the time of recovery, he or she may receive an early retirement benefit calculated as provided in Rule 60S-4.005, F.A.C., based on his or her average final compensation and creditable service as of his or her disability retirement date.
If the member has reached normal retirement age at the time of recovery, he or she may receive a normal retirement benefit as calculated in accordance with Rule 60S-4.004, F.A.C., based on his or her average final compensation and creditable service as of his or her disability retirement date.

(9) An FRS member who retires under disability, subsequently recovers and reenters covered employment shall notify the Division immediately to have his or her disability benefits discontinued and shall be subject to the following provisions:

(a) If he or she reenters covered employment within 6 months after his or her recovery, his or her service will be considered to have been continuous, but the period beginning with his or her disability retirement date and ending with the date he or she reenters employment will not be counted as creditable service for the purpose of computing benefits, except as provided in paragraphs 60S-4.007(9)(b) and (c), F.A.C.

(b) He or she shall notify the Division immediately upon reemployment. Any employer who employs a disability retiree who is receiving disability benefits shall notify the Division upon employment of such member, and the Division shall terminate such member’s disability benefits effective the first day of the month following the month in which notification of recovery is received. If the member is reemployed with a Florida Retirement System employer at the time of benefit termination and he or she has received disability retirement benefit and salary payments concurrently prior to notifying the Division, he or she may elect within 30 days to:

Retain the retirement benefits received prior to termination of disability benefits and begin receiving retirement service credit effective the date of termination of benefits, or
Repay within 12 months of his or her decision to receive service credit, the retirement benefits received for each month of reemployment prior to termination of disability benefits and begin receiving retirement service credit effective the date of reemployment. Any such unpaid benefits shall have compound interest of 6.5 percent added June 30.
No member shall receive both retirement service credit for employment, and retirement benefits for the same month.

(c) If he or she is continuously reemployed in a regularly established position for a minimum of one work year he or she may claim as creditable service the months during which he or she received a disability benefit as provided in Rule 60S-2.018, F.A.C.

(10) The Division of Retirement may conduct periodic reexaminations of FRS members who have been granted either regular or in-line-of-duty disability under the provisions of Chapter 121, F.S., to determine whether or not such members continue to meet the disability criteria applicable in their cases. The following procedures shall govern disability reexamination cases:

(a) The Division will mail the member the following forms which are to be completed by the member and his or her physician and returned to the Disability Determination Section of the Division within 60 days, unless an extension of time is requested and approved by the Division. If the physician charges the member for completing the physician’s report in subparagraph 2., the member must pay the physician’s charge and send a copy of the paid receipt to the Division with a request for reimbursement. Reimbursement for the member’s out-of-pocket expense may not exceed $100 unless certified by the physician as medically necessary for disability determination.

Form FR-13e (Rev. 07/06), http://www.flrules.org/Gateway/reference.asp?No=Ref-00353, “Florida Retirement System Retiree’s Report of Continuing Disability” herein adopted by reference which may also be obtained by calling the Division’s Disability Determination Section Toll Free at (877)738-3725, if calling from outside the Tallahassee calling area or locally at (850)488-2968 or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771; and,
Form FR-13f, revised 07/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-10677, “Florida Retirement System Physician’s Report of Reexamination” herein adopted by reference, which may also be obtained by calling the Division’s Disability Determination Section Toll Free at (877)738-3725, if calling from outside the Tallahassee calling area or locally at (850)488-2968. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(b) The Division will review the reports in paragraph (a) and other available sources, such as, but not limited to, Workers’ Compensation and Unemployment Compensation.

(c) If the Division finds the member continues to be disabled under the criteria used to determine the original disability, the member will be notified in writing of the findings and conclusions, and further, that disability benefits will continue to be paid.

(d) Based on the information obtained pursuant to the provisions of paragraphs (a) and (b), if the Administrator finds the member is no longer disabled and is employable under the criteria used to determine his or her original disability, the member will be notified by certified mail of the initial findings and conclusions and that the Administrator intends to discontinue his or her disability retirement benefit. The notice shall include a summary of the factual, legal and policy grounds for the intended decision.

(e) When a member receives notice that the Administrator intends to discontinue his or her disability retirement benefits, he or she shall have 21 calendar days to present written evidence in opposition to the intended action or written objections challenging the grounds upon which the Administrator has based his or her intended decision. The member may submit additional evidence or a written statement for reconsideration of the Division’s denial of benefits and his or her retirement benefit will continue subject to reconsideration.

(f) After reconsideration of the member’s file, including any additional evidence or written statement submitted by the member or obtained by the Division, the Administrator shall within 21 calendar days provide a written final decision on the merits to the member by certified mail if the member was found not to be disabled or by regular mail if the member was found to be disabled. Such written final decision shall give the reasons for the decision and will notify the member that his or her benefits will continue if he or she is found to be disabled or will terminate effective the first day of the following month if he or she is found to be not disabled.

(g) If the member does not accept the Administrator’s final decision on the merits, the member may request in writing, pursuant to Section 121.23, F.S., and Chapter 60R-1, F.A.C., a hearing before the State Retirement Commission pursuant to Section 120.57(1), F.S. Such request shall be filed with the Commission within 21 calendar days from the date the member receives the Administrator’s final decision.

(h) The decisions of the State Retirement Commission on matters brought before it under this section shall be final agency action.

(i) The decisions of the State Retirement Commission shall be reviewable by the District Court of Appeal pursuant to Section 121.23, F.S.

(11) An FRS member who has completed the vesting requirements as provided in paragraph 60S-4.003(1)(b), F.A.C., with service as a justice of the supreme court, judge of a district court of appeals, circuit judge, judge of a county court, or as an elected constitutional Judicial Officer, including service as a Judicial Officer in any court abolished pursuant to Article V of the State Constitution and who is retired for disability by order of the supreme court upon recommendation of the Judicial Qualifications Commission pursuant to the provisions of Article V, State Constitution, shall:

(a) Receive an Option 1 monthly benefit as provided in paragraph 60S-4.010(1)(a), F.A.C., that shall be not less than two-thirds of his or her monthly compensation as of his or her disability retirement date; or he or she may elect to receive a disability retirement benefit under any other option as provided in subparagraph 60S-4.007(5)(b)2., F.A.C.; and

(b) Have all contributions made by him or her or his or her employer in his or her behalf transferred to the General Revenue Fund of the State; and

(c) Have the amount necessary to pay his or her benefits appropriated annually from the General Revenue Fund and paid into the Florida Retirement System Trust Fund.

(12) A member of the State and County Officers’ and Employees’ Retirement System (SCOERS) shall be eligible to apply for a disability benefit in accordance with Chapter 122, F.S., provided:

(a) The member’s eligibility to apply is verified by the Administrator upon the receipt of Form SR-13, State and County Officers’ and Employees’ Retirement System Application for Disability Retirement, as adopted in Rule 60S-4.0035, F.A.C., according to the following:

If the Administrator determines that the member has satisfied the eligibility requirements of Chapter 122, F.S., the Administrator will then consider the members’ disability claim (Form SR-13).
Should the Administrator determine that the member has failed to satisfy such eligibility requirements, the member shall be notified by certified mail with return receipt requested. If the member disagrees with the determination, he or she may petition in writing the Division of Retirement for an administrative hearing pursuant to Chapter 120, F.S. If no petition is filed within 21 calendar days of receipt of the certified letter, the determination will become final.

(13) A SCOERS member who is eligible in accordance with subsection 60S-4.007(12), F.A.C., shall receive a disability benefit provided:

(a) The member satisfies the eligibility criteria of Chapter 122, F.S. and provides documentation to substantiate satisfaction of the eligibility criteria; and

Application for Disability Retirement, Form SR-13, State and County Officers’ and Employees’ Retirement System Application for Disability Retirement, adopted in Rule 60S-4.0035, F.A.C., completed by the member;
Statement of Disability by Employer, Form SR-13a (Rev. 09/71), http://www.flrules.org/Gateway/reference.asp?No=Ref-00374, State and County Officers’ and Employees’ Retirement System Statement of Disability by Employer, herein adopted by reference and which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area, or locally at (850)607-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771, to be completed by the member’s employer;
A Physician’s Report, Form SR-13b (Rev. 09/71), http://www.flrules.org/Gateway/reference.asp?No=Ref-00375, State and County Officers’ and Employees’ Retirement System Physician's Report, herein adopted by reference, which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area, or locally at (850)607-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771, to be completed by a Florida licensed physician;
Any other evidence of disability requested by the Administrator which may include reports from vocational rehabilitation, evaluation, or testing specialists who have evaluated the applicant for employment; and

(d) Upon receipt of the completed application and all required documents as provided in paragraph 60S-4.007(13)(b), F.A.C., the Administrator shall determine if the member is disabled by reason of a medically determinable physical or mental impairment in accordance with Chapter 122, F.S. If a high hazard member has applied for in-line-of-duty disability, the Administrator will also determine if the member’s injury or illness arose out of and in the actual performance of duty required by the member’s employment.

(e) The member shall be notified of the Administrator’s approval as follows:

If the Administrator approves the member’s application for regular disability or in-line-of-duty disability benefits the member shall be notified and shall receive benefits in accordance with Chapter 122, F.S.
For a high hazard member who has applied for in-line-of-duty disability benefits, if the Administrator determines that such member’s illness or injury did not arise out of and in the actual performance of duty required by the member’s employment, the Administrator shall notify the member that his or her application for in-line-of-duty disability benefits is denied. Such member may chose to appeal the Administrator’s denial of in-line-of-duty disability benefits as provided in subsection 60S-4.007(3), F.A.C.

(14) The Division of Retirement may conduct periodic reexaminations of members who have been granted either regular or in-line-of-duty disability under the provisions of Chapter 122, F.S., to determine whether or not such members continue to meet the disability criteria applicable in their cases. The following procedures shall govern disability reexamination cases:

(a) The Division will mail the member forms SR-13e (Rev.10/86), http://www.flrules.org/Gateway/reference.asp?No=Ref-00376, State and County Officers’ and Employees’ Retirement System Retiree’s Report of Continuing Disability and SR-13f (Rev. 07/81), http://www.flrules.org/Gateway/reference.asp?No=Ref-00377, State and County Officers’ and Employees’ Retirement System Physician’s Report of Reexamination, herein adopted by reference, which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area, or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. Such forms should be completed by the member and his or her physician and returned to the Disability Determination Section within 60 days, unless an extension of time is requested and approved by the Division.

(b) The Division will review the reports in paragraph (a) and other available sources, such as, but not limited to, Workers’ Compensation and Unemployment Compensation.

(d) Based on the information obtained pursuant to the provisions of paragraphs (a) and (b), if the Administrator finds the member is no longer disabled and is employable under the criteria used to determine his original disability, the member will be notified by certified mail of the initial findings and conclusions and that the Administrator intends to discontinue his or her disability retirement benefit. The notice shall include a summary of the factual, legal and policy grounds for the intended decision.

(f) After reconsideration of the member’s file, including any additional evidence or written statement submitted by the member or obtained by the Division, the Administrator shall within 21 calendar days provide a written final decision on the merits to the member by certified mail giving the reasons for the decision and will notify the member that his or her benefits will continue if he or she is found to be disabled or will terminate effective the first day of the following month if he or she is found to be not disabled.

(h) The decisions of the State Retirement Commission on matters brought before it under this section shall be final agency action.

(i) The decisions of the State Retirement Commission shall be reviewable by the District Court of Appeal pursuant to Section 121.23, F.S.

(15) A member of the Teachers’ Retirement System (TRS) shall be eligible to apply for a disability benefit in accordance with Chapter 238, F.S., provided:

(a) The member’s eligibility to apply is verified by the Administrator upon the receipt of Form TR-13, Teachers’ Retirement System Application for Disability Retirement, as adopted in Rule 60S-4.0035, F.A.C., according to the following:

If the Administrator determines that the member has satisfied the eligibility requirements of Chapter 238, F.S., the Administrator will then consider the members’ disability claim (Form TR-13).
Should the Administrator determine that the member has failed to satisfy such eligibility requirements, the member shall be notified by certified mail with return receipt requested. If the member disagrees with the determination, he or she may petition in writing the Division of Retirement for an administrative hearing pursuant to Chapter 120, F.S. If no petition is filed within 21 calendar days of receipt of the certified letter, the determination will become final.

(16) A member who is eligible in accordance with subsection 60S-4.007(15), F.A.C., shall receive a disability benefit provided:

(a) The member satisfies the eligibility criteria of Chapter 238, F.S., and provides documentation to substantiate satisfaction of the eligibility criteria; and

(b) The member makes proper application in accordance with Rule 60S-4.0035, F.A.C., and submits the following to the Division:

Application for Disability Retirement, Form TR-13, Teachers’ Retirement System Application for Disability Retirement, adopted in Rule 60S-4.0035, F.A.C., completed by the member;
Statement of Disability by Employer, Form TR-13a (Rev. 10/86), http://www.flrules.org/Gateway/reference.asp?No=Ref-00385, Teachers’ Retirement System Statement of Disability by Employer, herein adopted by reference, which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area, or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771, to be completed by the member’s employer; and
A Physician’s Report, Form TR-13b (Rev. 10/86), http://www.flrules.org/Gateway/reference.asp?No=Ref-00386, Teachers’ Retirement System Physician’s Report, herein adopted by reference, which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area, or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771, to be completed by a Florida licensed physician; and
Documentation attesting to the criteria in paragraph (a); and,
Any other evidence of disability requested by the Administrator which may include reports from vocational rehabilitation, evaluation, or testing specialists who have evaluated the applicant for employment; and,

(d) Upon receipt of the completed application and all required documents as provided in paragraph 60S-4.007(15)(b), F.A.C., the Administrator shall determine if the member is totally and permanently disabled by reason of a medically determinable physical or mental impairment in accordance with Chapter 122, F.S. If the Administrator approves the member’s application for regular disability or in-line-of-duty disability benefits the member shall be notified and shall receive benefits in accordance with Chapter 122, F.S.

(e) If the Administrator denies the member’s application for regular disability or in-line-of-duty disability, such member may chose to appeal the Administrator’s denial as provided in subsection 60S-4.007(3), F.A.C.

(17) The Division of Retirement may conduct periodic reexaminations of members who have been granted disability under the provisions of Chapter 238, F.S., to determine whether or not such members continue to meet the disability criteria applicable in their cases. The following procedures shall govern disability reexamination cases:

(a) The Division will mail the member forms TR-13e (Rev. 02/88), http://www.flrules.org/Gateway/reference.asp?No=Ref-00387, Teachers’ Retirement System Retiree’s Report of Continuing Disability and TR-13f (Rev.07/81), http://www.flrules.org/Gateway/reference.asp?No=Ref-00388, Teachers’ Retirement System Physician’s Report of Reexamination, herein adopted by reference, which may also be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area, or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. Such forms should be completed by the member and his or her physician and returned to the Disability Determination Section within 60 days, unless an extension of time is requested and approved by the Division.

(b) The Division will review the reports in paragraph (a) and other available sources, such as, but not limited to, Workers’ Compensation and Unemployment Compensation.

(f) After reconsideration of the member’s file, including any additional evidence or written statement submitted by the member or obtained by the Division, the Administrator shall within 21 calendar days provide a written final decision on the merits to the member by certified mail giving the reasons for the decision and will notify the member that his or her benefits will continue if he or she is found to be disabled or will terminate effective the first day of the following month if he or she is found to be not disabled.

(g) If the member does not accept the Administrator’s final decision on the merits, the member may request in writing, pursuant to Section 121.23, F.S., and rule Chapter 60R-1, F.A.C., a hearing before the State Retirement Commission pursuant to Section 120.57(1), F.S. Such request shall be filed with the Commission within 21 calendar days from the date the member receives the Administrator’s final decision.

(h) The decisions of the State Retirement Commission on matters brought before it under this section shall be final agency action.

(i) The decisions of the State Retirement Commission shall be reviewable by the District Court of Appeal pursuant to Section 121.23, F.S.

History

Rulemaking Authority 121.031 FS. Law Implemented 112.18, 112.181, 121.021, 121.052(5)(c), 121.055, 121.091(4), 121.23 FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 11-18-75, 1-16-77, 7-1-79, 8-26-81, 1-19-82, 11-6-84, Formerly 22B-4.07, Amended 2-4-86, 1-12-87, 2-7-89, 11-14-91, Formerly 22B-4.007, Amended 3-18-93, 4-5-95, 12-12-96, 2-24-99, 8-13-03, 4-5-12, 1-19-14, 7-18-19.

Fla. Admin. Code R. 60S-4.008 Benefits Payable Upon Death

(1)(a) If the death of an FRS Pension Plan member occurs, other than in-line-of-duty, prior to the member becoming vested, the member’s designated beneficiary shall receive a refund of the member’s accumulated contributions, except as provided in subsection 60S-2.010(4), F.A.C., and shall make application to the Division for such refund on Form FST-11g effective 12/15, http://www.flrules.org/Gateway/reference.asp?No=Ref-06736, Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment, herein adopted by reference, which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area, or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(b) If the death of a State and County Officers’ and Employees’ Retirement System member occurs prior to the member meeting the requirements for retirement under Chapter 122, F.S., other than for a high-hazard member killed in the line of duty as provided in Section 122.34(6), F.S., the member’s designated beneficiary shall only receive a refund of the member’s accumulated contributions as provided in Section 122.12, F.S., and shall make application to the Division for such refund on Form FST-11g, Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment as adopted in paragraph (a).

(c)1. If the death of a Teachers’ Retirement System member occurs prior to the member obtaining 10 years of creditable service, the member’s designated beneficiary shall receive a refund of the member’s accumulated contributions as provided in Section 238.07, F.S., and shall make application to the Division for such refund on Form FST-11g, Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment as adopted in paragraph (a).

In addition, survivor benefits may be payable in accordance with Section 238.07(18), F.S. Survivors meeting the eligibility criteria for such benefits as provided in Section 238.07(18), F.S., shall make application to the Division on Form TR-11c (Rev. 12/02), https://www.flrules.org/Gateway/reference.asp?No=Ref-00383, Teachers’ Retirement System Application for Survivor Benefits herein incorporated by reference, which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area, or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. An unmarried surviving dependent child of the deceased member over 18 years of age but not over 22 years of age and enrolled as a student in an accredited education institution meeting the eligibility criteria for survivor benefits under Section 238.07(18), F.S., shall also be required to submit the information in paragraph (d) to the Division for survivor benefit eligibility determination.

(d) An unmarried dependent child of a deceased member who is over the age 18 must submit the following documents:

a. An acceptance letter from an accredited educational institution or Form SRF-2, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07584, Florida Retirement System Student Report Form, herein adopted by reference, which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area, or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771, completed by the accredited educational institution; and,

b. A completed Form SRF-3, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07586, Florida Retirement System Authorization for Release of Information, herein adopted by reference, which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area, or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771; and,

c. A completed Form SVF-2, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07585, Florida Retirement System Affidavit Attesting to Eligibility for Monthly Retirement Benefits, herein adopted by reference, which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area, or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(2)(a) If the death of an FRS Pension Plan member occurs other than in-line-of-duty after he or she has become vested, but prior to his or her effective date of retirement as provided in subsection 60S-4.0035(3), F.A.C., the following shall apply:

If the member’s designated beneficiary is not his or her spouse or other dependent who qualifies as a joint annuitant, the Division shall refund the member’s accumulated contributions to the member’s designated beneficiary; or
If a member’s designated beneficiary qualifies as joint annuitant (spouse or other dependent) the following shall apply:

a. The joint annuitant may elect to receive a refund of the member’s accumulated contributions; or

b. The joint annuitant may elect to receive a monthly benefit calculated as if the member had terminated and retired as of his or her date of death (i.e., with benefits payable effective the first of the month following the member’s death) and paid in accordance with Option 3 of paragraph 60S-4.010(1)(c), F.A.C.; or

c. The joint annuitant may elect to receive a deferred monthly benefit calculated on the age the member would have attained at the date the benefit commences and the age of the joint annuitant on the date the benefit commences and paid in accordance with Option 3 in paragraph 60S-4.010(1)(c), F.A.C.

d. If the member’s joint annuitant dies without having received in benefits an amount equal to the member’s accumulated contributions, the Division shall pay to the joint annuitant’s estate an amount equal to the excess of the member’s accumulated contributions over the total benefits received by the joint annuitant.

(b) If the death of a State and County Officers’ and Employees’ Retirement System member occurs other than for a high hazard member killed in the line of duty, after he or she has met the requirements for retirement under Chapter 122, F.S., but prior to his or her effective date of retirement as provided in subsection 60S-4.0035(3), F.A.C., the surviving spouse shall be entitled to receive either the accumulated contributions of such officer or employee at the date of death or the monthly retirement benefit in accordance with Section 122.08(9), F.S.

The surviving spouse may make application to the Division for a refund of the accumulated contributions on Form FST-11g, Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment as adopted in subsection (1); or
The surviving spouse may make application to the Division for monthly retirement benefits on Form FST-11b, Florida Retirement System Pension Plan Application of Beneficiary for Monthly Retirement Benefits as adopted in Rule 60S-4.0035, F.A.C.

(c)1. If the death of a Teachers’ Retirement System member occurs after having completed 10 years of creditable, but prior to his or her effective date of retirement as provided in subsection 60S-4.0035(3), F.A.C., the surviving spouse, regardless of the member’s designated beneficiary, may elect to receive an option three monthly retirement benefit as provided in Section 238.08(3), F.S. If the designated beneficiary is the surviving spouse, then the surviving spouse shall have the option of receiving the accumulated contributions of such officer or employee at the date of death in lieu of the option three monthly benefit in accordance with Section 238.08(3), F.S.

a. The beneficiary may make application to the Division for a refund of the accumulated contributions on Form FST-11g, Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment as adopted in subsection (1);

b. The surviving spouse may make an application to the Division for monthly retirement benefits on Form FST-11b, Florida Retirement System Pension Plan Application of Beneficiary for Monthly Retirement Benefits as adopted in Rule 60S-4.0035, F.A.C.

In addition, survivor benefits may be payable to the beneficiaries of a deceased member as provided in Section 238.07(18), F.S., and such beneficiaries shall make application to the Division for these benefits on as provided in subparagraph 60S-4.008(1)(c)2., F.A.C.

(3) If the death of an FRS Pension Plan member occurs, other than in-line-of-duty, on or after his or her effective date of retirement, as provided in subsection 60S-4.0035(3), F.A.C., but prior to a benefit payment being cashed or deposited, the following shall apply:

(a) If the member’s designated beneficiary is not his or her spouse or other dependent who qualifies as a joint annuitant, any benefits payable shall be paid in accordance with the option selected by the member; or if the member had not yet selected an option, benefits shall be paid as provided in subparagraph 60S-4.010(6)(c)1., F.A.C.

(b) If the member’s designated beneficiary qualifies as a joint annuitant, as defined in Rule 60S-6.001, F.A.C., benefits shall be paid under option 3 as provided in paragraph 60S-4.008(2)(b), F.A.C.; or if the member had selected option 2, the joint annuitant may choose to receive benefits paid under either option 3, or option 2 as provided in paragraph 60S-4.010(1)(b), F.A.C.

(4) Upon the death of a retired FRS member, joint annuitant, or beneficiary who is receiving monthly benefits, the benefits will be paid as follows:

(a) The monthly benefit shall be paid through the last day of the month of death and shall terminate, or be adjusted, if applicable, as of such date in accordance with the optional form of retirement benefit selected by the member at his or her date of retirement.

(b) The monthly payment made in the month of death shall be reissued to the estate of the deceased payee when the Division is advised of the death of the payee before the benefit payment is deposited or cashed. Any monthly benefits payable beyond the month of death shall be issued to the designated beneficiary.

(c) Payments to a guardian of a child receiving retirement benefits under the Florida Retirement System or any existing system shall cease when the child reaches the age of majority unless the guardian provides evidence that the continued guardianship is required.

(d) If the deceased member’s joint annuitant dies without having received in benefits all remaining accumulated contributions made by the member and not received by the member before his or her death, the Division shall pay to the deceased joint annuitant’s estate an amount equal to the excess of the member’s accumulated contributions over the total benefits received by the member and/or the joint annuitant.

(e) Deductions from monthly benefits for payments to an alternate payee for Qualified Domestic Relations Orders (QDRO) or Income Deduction Orders (IDO) in the month of death shall be paid to the alternate payee. Deductions from monthly benefits for Internal Revenue Service (IRS) levies in the month of death shall be paid to the IRS. Any overpayment (received by the IRS or an alternate payee) in months after the month of the member’s death shall be collected by the Division for repayment to the Florida Retirement System Trust Fund.

(5) If the designated beneficiary of a retirement account under the Florida Retirement System Pension Plan wishes to refuse his or her interest in such account, he or she shall disclaim such interest as provided in Chapter 739, F.S., as follows:

(a) If there is no designated beneficiary or if all designated beneficiaries are deceased or have disclaimed their interest in the account, the beneficiaries shall be determined as provided in subsection 60S-4.011(2), F.A.C. When a beneficiary disclaims his or her interest in an account, he or she shall be considered to have predeceased the member. The next beneficiary designated by the member or as stated in subsection 60S-4.011(2), F.A.C., as applicable, may then accept or disclaim any interest to which he or she is entitled. A beneficiary cannot disclaim in favor of a particular individual who is not the next designated beneficiary.

(b) Any such beneficiary may disclaim his or her interest in the retirement account of a non-retired member as provided in subsection 60S-4.008(1) and (2), F.A.C., or of a member retired under option 1 or option 2 as provided in subsection 60S-4.009(2) or paragraph 60S-4.010(1)(b), F.A.C., respectively.

(c) Such beneficiary may disclaim his or her interest in such member’s retirement account whether or not the beneficiary is entitled to any monetary benefit from the account (refund or monthly benefit).

(d) If joint beneficiaries are named and only one qualifies as joint annuitant, the nondependent beneficiary may disclaim his or her interest, allowing the remaining joint annuitant to receive the full benefit payable.

(e) Disclaimers must be filed within 24 months after the event that created the interest, that is, the death of the member or annuitant. Such disclaimer must be submitted to the Division on Form DIS-1 (Rev. 03/07), http://www.flrules.org/Gateway/reference.asp?No=Ref-00346, Florida Retirement System Pension Plan Disclaimer of Benefits, if the disclaimer is by a surviving beneficiary; or on Form DIS-2 (Rev. 03/07), http://www.flrules.org/Gateway/reference.asp?No=Ref-00347, Florida Retirement System Pension Plan Disclaimer of Benefits, if the disclaimer is by a surviving child; or on Form DIS-3 (Rev. 03/07), http://www.flrules.org/Gateway/reference.asp?No=Ref-00348, Florida Retirement System Pension Plan Disclaimer of Benefits, if the disclaimer is by a surviving beneficiary and child. All such disclaimer forms are herein adopted by reference and may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area, or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(6) For the purpose of determining the eligibility of a joint annuitant under paragraphs (2)(b) and (3)(b), for whom financial dependency is required as provided in paragraphs 60S-6.001(36)(b) and (c), F.A.C., the member must have provided at least one-half of the joint annuitant’s total support for the 12 months immediately preceding the member’s death. This determination shall be made by first calculating the joint annuitant’s total support for the period from all sources, as defined in subsection 60S-6.001(66), F.A.C.; and then determining the amount of such support provided by the member. The member’s portion of such support must equal at least one-half of the total amount.

(7) Effective January 1, 2007, for a member who dies while on a military leave of absence as described in Section 121.111(1), F.S., that is subject to USERRA as described in Internal Revenue Code section 414(u), the beneficiary shall be eligible for survivor benefits payable under Section 121.091(7), F.S., excluding in-line-of-duty survivor benefits, or under Section 121.091(13), F.S., if participating in the Deferred Retirement Option Program, as if the member returned to covered employment the day before the death occurs, in accordance with Internal Revenue Code section 401(a)(37).

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021(14), 121.055, 121.091(7) FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 7-21-75, 8-26-81, Formerly 22B-4.08, Amended 2-6-84, 1-12-87, 2-7-89, 9-5-90, 5-15-91, 11-14-91, Formerly 22B-4.008, Amended 3-18-93, 1-25-94, 8-4-94, 12-12-96, 5-10-99, 8-13-03, 4-5-12, 1-20-14, 5-12-16, 12-18-16, 6-28-18.

Fla. Admin. Code R. 60S-4.009 Benefits Payable After Termination

(1) An FRS Pension member whose employment is terminated for any reason other than death or retirement shall be eligible for benefits upon proper application to the Division, subject to the following provisions:

(a) If he or she was not vested at the time of his or her termination he or she shall be entitled to a refund of his or her accumulated contributions; or

(b) If he or she was vested at the time of his or her termination he or she may elect to receive:

A refund of his or her accumulated contributions; or
A deferred monthly benefit which shall commence on his or her normal or early retirement date based on his or her average final compensation and creditable service as of his or her date of termination and computed in accordance with Rule 60S-4.004, 60S-4.005, or 60S-4.006, F.A.C., and shall receive benefits in accordance with Rule 60S-4.010, F.A.C.

(2) If a retired FRS Pension Plan member has elected to receive the retirement benefit payable to him or her under Option 1 and dies without having received in benefit payments an amount equal to his or her accumulated contributions, his or her designated beneficiary shall be entitled to an amount equal to the excess, if any, of the member’s accumulated contributions over the total benefit payments made to the member prior to his or her date of death.

(3) In order to receive a refund of contributions under the Florida Retirement System, an FRS member must terminate all employment relationships with all FRS participating employers for three calendar months as provided in Section 121.021(39)(c), F.S., and submit a request for refund on Form FRS-M81, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07339, Florida Retirement System Pension Plan Request for Refund of Employee Contributions, herein adopted by reference, to the division. Form FRS-M81 may be completed and submitted online from the Refund Application page of the member’s Online Services account accessible from the Division’s website (www.frs.MyFlorida.com) or may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area, or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. The division shall acknowledge the receipt of the FRS-M81 and send the member Form REF-PAYT, effective 12/15, http://www.flrules.org/Gateway/reference.asp?No=Ref-06737, Florida Retirement System (FRS) Pension Plan Refund Payout Selection, herein adopted by reference, which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area, or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)922-8771. The member shall complete and return Form REF-PAYT to the division, indicating his or her refund payout selection. By obtaining a refund of contributions a member waives all rights under the Florida Retirement System to the service credit represented by the refunded contributions, except the right to purchase his or her prior service credit in accordance with Rule 60S-2.004, F.A.C. No refund of employee contributions shall be made until the employer has reported the employee’s termination through the payroll reporting process.

(4) A State and County Officers’ and Employees’ Retirement System member whose employment is terminated for any reason other than death or retirement shall be eligible for benefits in accordance with Chapter 122, F.S., upon proper application to the Division.

(5) A Teachers’ Retirement System member whose employment is terminated for any reason other than death or retirement shall be eligible for benefits in accordance with Chapter 238, F.S., upon proper application to the Division.

(6) In order to receive a refund of contributions under the Teachers’ Retirement System, a Teachers’ Retirement System member must terminate all employment relationships with all participating employers for three calendar months as provided in Section 121.021(39)(c), F.S., and submit a request for refund on Form FRS-M81, Florida Retirement System Pension Plan Request for Refund of Employee Contributions. Form FRS-M81 may be obtained and completed as referenced in subsection (3). Upon receipt of the FRS-M81, the division will send the member Form REF-PAYT. The member shall complete and return Form REF-PAYT to the division, indicating his or her refund payout selection. By obtaining a refund of contributions, a member waives all rights under the Teachers’ Retirement System to the service credit represented by the refunded contributions, except the right to purchase his or her prior service credit in accordance with Rule 60S-2.004, F.A.C. No refund of employee contributions shall be made until the employer has reported the employee’s termination through the payroll reporting process.

(a) Beginning July 1, 2018, the retirement account balance for Teachers’ Retirement System members actively employed and participating in the Teachers’ Retirement System will earn 1.3% regular interest compounded annually on each June 30 after June 30, 2018.

(b) Beginning July 1, 2018, Teachers’ Retirement System members not actively employed and participating in the Teachers’ Retirement System will not earn regular interest on their retirement account balance.

History

Rulemaking Authority 121.031, 121.052(14), 238.01 FS. Law Implemented 121.021, 121.052(5)(c), 121.055, 121.091, 238.01, 238.05, 238.07, 238.10 FS. History–New 1-1-72, Amended 10-10-72, 12-31-74, 1-16-77, 8-26-81, Formerly 22B-4.09, Amended 1-12-87, 2-7-89, 11-14-91, Formerly 22B-4.009, Amended 8-4-94, 2-24-99, 4-5-12, 3-25-13, 12-15-13, 5-12-16, 11-6-16, 6-28-18.

Fla. Admin. Code R. 60S-4.010 Retirement Benefit Payment Options

(1) Prior to the receipt of his or her first monthly benefit payment, an FRS Pension Plan member who is eligible for a retirement benefit computed in accordance with Rule 60S-4.004, 60S-4.005, or 60S-4.006, F.A.C., shall select one of the four optional forms of payment of such benefits, as provided in paragraph (a), (b), (c), or (d) below, on Form FRS-11o (Rev 12/15), http://www.flrules.org/Gateway/reference.asp?No=Ref-06122, Florida Retirement System Pension Plan Option Selection for FRS Members,” herein adopted by reference, which also requires such member to attest to his or her marital status on Form SA-1 (Rev. 01/10), http://www.flrules.org/Gateway/reference.asp?No=Ref-00368, Florida Retirement System Spousal Acknowledgment Form, herein adopted by reference. Both these forms may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. A married member who selects option 1 under paragraph (a) or option 2 under paragraph (b) shall notify his or her spouse of such option selection, and the spouse shall acknowledge any such option selection in accordance with subsection 60S-4.010(9), F.A.C. The four options are as follows:

(a) Option 1. The maximum retirement benefit payable to the member during his or her lifetime.

(b) Option 2. A retirement benefit payable during his or her lifetime and, in the event of his or her death within a period of 10 years after his or her retirement, the same monthly amount to be payable to his or her beneficiary for the balance of such 10-year period.

(c) Option 3. A retirement benefit which shall be payable during the joint lifetime of both the member and his or her joint annuitant and which shall continue after the death of either during the lifetime of the survivor in the same amount, except as provided in paragraph 60S-4.010(1)(e), F.A.C.

(d) Option 4. A retirement benefit payable during the joint lifetime of the member and his or her joint annuitant, and which shall continue after the death of either during the lifetime of the survivor in an amount equal to 66 2/3 percent of the amount which was payable during the joint lifetime of the member and his or her joint annuitant, except as provided in paragraph 60S-4.010(1)(e), F.A.C.

(e) A joint annuitant, as defined in paragraph 60S-6.001(36)(b), F.A.C., who is under age 25 or disabled will receive, upon the member’s death, the amount of the option 1 benefit determined under paragraph 60S-4.010(1)(a), F.A.C., only until such joint annuitant reaches age 25 unless he or she is disabled, in which case, the option 1 benefit amount will continue for the duration of the disability. The following shall apply to the payment of benefits under this paragraph:

A person designated as a joint annuitant who is over age 25 shall qualify as a disabled joint annuitant provided:

a. The person is totally and permanently disabled from performing gainful employment by reason of a medically determinable physical or mental impairment, and

b. The Division receives two Physician’s Reports, Form SB-13b (Rev. 03/01), http://www.flrules.org/Gateway/reference.asp?No=Ref-00371, Florida Retirement System Pension Plan Physician’s Report, herein adopted by reference, completed by two Florida licensed physicians attesting to the total and permanent disability of the person, and any other evidence of disability requested by the Administrator which may include reports from vocational rehabilitation, evaluation, or testing specialists who have evaluated the applicant for employment. Form SB-13b may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

Should the Administrator determine that such person has failed to demonstrate total and permanent disability, as provided in subparagraph 1., the following procedure shall be followed:

a. The person shall be notified by certified mail with return receipt requested. The notice shall include a summary of the factual, legal and policy grounds for the Administrator’s intended decision.

b. When a person receives notice that the Administrator intends to deny his or her application, he or she shall have 21 calendar days to present written evidence to the Administrator in opposition to the intended action or written objections challenging the grounds upon which the Administrator has based his or her intended decision.

c. If the Administrator overrules the objections of the person, he or she shall provide a written explanation to the person by certified mail with return receipt requested, giving the reasons for his or her decision and advising the person of his or her right of appeal under the law.

d. If the person does not accept the Administrator’s final decision on the merits, the person may request in writing an administrative hearing on his or her disability claim by filing within 21 calendar days from the date the annuitant receives notice of the Administrator’s final decision, a petition in accordance with Rule 28-106.201, F.A.C.

The Division of Retirement may conduct periodic reexaminations of joint annuitants who have been granted disability under this paragraph to determine whether or not such joint annuitants continue to meet the disability criteria applicable in their case. The following procedures shall govern such disability reexamination cases:

a. The Division will mail the joint annuitant forms FR-13e, “Florida Retirement System Retiree’s Report of Continuing Disability” and FR-13f, “Florida Retirement System Physician’s Report of Reexamination” adopted in Rule 60S-4.007, F.A.C. Such forms should be completed by the joint annuitant and his or her physician and returned to the Disability Determination Section within 60 days, unless an extension of time is requested and approved by the Division.

b. The Division will review the reports in paragraph (a) and other available sources, such as, but not limited to, Workers’ Compensation and Unemployment Compensation.

c. If the Division finds the joint annuitant continues to be disabled under the criteria used to determine the original disability, the joint annuitant will be notified in writing of the findings and conclusions, and further, that benefits will continue to be paid.

d. Based on the information obtained pursuant to the provisions of subparagraphs a. and b., if the Administrator finds the joint annuitant is no longer disabled under the criteria used to determine his or her original disability, the joint annuitant will be notified by certified mail of the initial findings and conclusions and that the Administrator intends to discontinue his or her benefit. The notice shall include a summary of the factual, legal and policy grounds for the intended decision.

e. When a joint annuitant receives notice that the Administrator intends to discontinue his or her benefits, he or she shall have 21 calendar days to present written evidence in opposition to the intended action or written objections challenging the grounds upon which the Administrator has based his or her intended decision. The joint annuitant may submit additional evidence or a written statement for reconsideration of the Division’s denial of benefits and his or her benefit will continue subject to reconsideration.

f. After reconsideration of the joint annuitant's file, including any additional evidence or written statement submitted by the joint annuitant or obtained by the Division, the Administrator shall provide a written final decision on the merits to the joint annuitant by certified mail giving the reasons for the decision and will notify the joint annuitant that his or her benefits will continue if he or she is found to be disabled or will terminate effective the first day of the following month if he or she is found to be not disabled.

g. If the joint annuitant does not accept the Administrator’s final decision on the merits, he or she may request in writing an administrative hearing on his or her disability claim by filing within 21 calendar days from the date he or she receives notice of the Administrator’s final decision, a petition in accordance with Rule 28-106.201, F.A.C.

A joint annuitant who is determined to be disabled under this paragraph, and subsequently recovers, shall notify the Division immediately to have his or her benefits discontinued.

(2) The benefits payable under Option 1 in this section shall be the amounts computed in accordance with Rule 60S-4.004, 60S-4.005, or 60S-4.006, F.A.C. The benefits payable under Options 2, 3, and 4 in this section shall be the actuarial equivalent of the amount to which the member is otherwise entitled under Option 1, based on the actuarial tables included in Chapter 60S-7, F.A.C.

(3) The benefits payable under Option 2 shall be calculated as follows:

(a) Determine the maximum retirement benefit for which the member is eligible under Option 1.

(b) Select the appropriate Option 2 factor from Rule 60S-7.009 or 60S-7.010, F.A.C., using the member’s age at date of retirement.

(c) Multiply the maximum retirement benefit obtained in paragraph (a) above by the actuarial factor obtained in paragraph (b), above, to determine the benefit which the member shall receive.

(d) In the event of death of the recipient of an Option 2 benefit when an institution, a trust, or an estate is the beneficiary, the legal representative of such beneficiary may request a lump sum settlement of any monthly benefit payments remaining of the ten-year payment period. The lump sum shall represent the present value of the remaining unpaid installments adjusted for the time value of money. The Division shall notify the official representative of the institution, the trustee of the trust, or the executor, administrator or personal representative of the estate that by acceptance of the payment the Florida Retirement System is released from any claim against the retirement trust fund.

(4) The benefits payable under Options 3 or 4 shall be calculated as follows:

(a) Determine the maximum retirement benefit the member is eligible for under Option 1.

(b) Using the member’s age and the joint annuitant’s age at date of retirement, select the actuarial factor listed for the option selected by the member. The following exception exists, however, for any member who continues employment with a covered employer after becoming eligible to retire with an Option 1 benefit equal to 100% of his or her A.F.C. When the member retires, the actuarial factor shall be determined by the age of the member and that of his or her joint annuitant at the time the member became eligible for the benefit equal to 100% of his or her A.F.C.

(c) Multiply the maximum retirement benefit obtained in paragraph (a) above, by the actuarial factor obtained in paragraph (b) above, to determine the benefit which the member shall receive.

(d) The benefit of a member who chooses Option 3 and designates more than one joint annuitant, shall be the total of the portions of the benefit designated for each such joint annuitant, calculated based on the age of the member and the age of each joint annuitant for each separate percentage of the benefit.

(5) A member shall select an option for receiving benefits and may change such option selection until the time a benefit payment has been cashed or deposited. Thereafter, the member shall not be permitted to change the option he or she selected and, upon the member’s death, benefits shall be paid in accordance with such option selected.

(6) The following shall apply to the option selection of any member who dies prior to the time a benefit payment has been cashed or deposited:

(a) If the member should die prior to his or her effective date of retirement, as described in Rule 60S-4.0035, F.A.C., his or her employment will be considered to have been terminated by death (even if the death occurred after his or her last day of employment), his or her option selection shall be null and void, and benefits shall be payable in accordance with the provisions of Rule 60S-4.008, F.A.C. This paragraph shall not be construed to allow the benefit of a member who dies after he or she has terminated employment to be calculated according to the provisions of paragraph 60S-4.005(2)(c), F.A.C.

(b) If the member should die after his or her effective date of retirement, his or her employment will be considered to have been terminated by retirement, and benefits shall be payable in accordance with the retirement option selected as provided by this section, except as follows:

When the designated beneficiary qualifies as a joint annuitant benefits shall be payable in accordance with the provisions of Rule 60S-4.008, F.A.C.; or,
When the spouse is the designated beneficiary and the member had selected option 3, the spouse may elect to receive such option 3 benefit as of the member’s effective date of retirement in lieu of the benefits provided in Rule 60S-4.008, F.A.C.

(c) If the member should die after his or her effective date of retirement and without having selected an option, benefits shall be payable as follows:

If the member’s designated beneficiary does not qualify as a joint annuitant, benefits shall be paid under option 1, with any benefits due from his or her effective date of retirement through the month of death payable to the member’s estate.
If the member’s designated beneficiary qualifies as a joint annuitant, his or her previously established effective date of retirement shall be null and void and benefits shall be paid in accordance with the provisions of Rule 60S-4.008, F.A.C.

(7) If the member retires due to disability and dies after his or her effective date of retirement and prior to cashing or depositing a retirement benefit payment, benefits will be payable in accordance with the provisions of subsection 60S-4.010(6), F.A.C., except as follows:

(a) If the member had satisfied the service requirements for vesting and his or her designated beneficiary qualifies as a joint annuitant, the beneficiary may select a refund of member contributions, an Option 3 benefit under disability retirement as of the member’s effective date of retirement, or an Option 3 benefit under service retirement as provided in subsection 60S-4.008(3), F.A.C., with the member’s previously established effective date of retirement deemed null and void.

(b) If the member had not satisfied the service requirements for vesting, was approved for in-line-of-duty disability and his or her designated beneficiary was qualified as a joint annuitant, the beneficiary may select a refund of member contributions or an Option 3 benefit under disability retirement as of the member’s effective date of retirement.

(8) A member who selects Option 3 or 4 shall designate a joint annuitant to receive the benefits which continue to be payable upon his or her death. If, after benefits have commenced under Option 3 or 4, the retired member desires to change his or her designation of a joint annuitant, he or she may do so as follows:

(a) From October 1, 1979 through June 30, 1984, a retired member may change his or her designated joint annuitant only if his or her first designated joint annuitant is alive and can show evidence of good health as shall be substantiated by a statement from a Florida licensed physician. A member desiring to change his or her designation shall file such change with the Division on Form JA-1, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07346, “Florida Retirement System Pension Plan Change of Joint Annuitant (Retired members only)” herein adopted by reference and which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. Upon receipt of the completed form, the Division shall adjust the member’s monthly benefit in accordance with subparagraph 60S-4.010(8)(c)1., F.A.C. The consent of a retired member’s first designated joint annuitant to any such change shall not be required. The effective date of the change will be the first day of the month following receipt of the JA-1 form by the Division.

(b) Effective July 1, 1984, a retired member may change his or her designated joint annuitant twice during his or her retired life. A retired member desiring to change his or her designation shall file with the Division a Form JA-1,“Florida Retirement System Pension Plan Change of Joint Annuitant (Retired members only)” and notify, in writing, his or her former joint annuitant, if living, of such change.

Upon receipt of the completed form, the Division shall adjust the retired member’s monthly benefit in accordance with paragraph 60S-4.010(8)(c), F.A.C. The consent of a retired member’s first designated joint annuitant to any such change shall not be required. The effective date of the change will be the first day of the month following receipt of the JA-1 form by the Division, provided the member and the new joint annuitant are alive on that date. If the member and the new joint annuitant do not live until the effective date of the change, the change of joint annuitant will not take effect.

(c) The monthly benefit of a member who elects to change his or her designated joint annuitant shall be adjusted by the application of actuarial tables and calculations developed to ensure that the benefit paid is the actuarial equivalent of the present value of the member’s monthly benefit at the time of the joint annuitant change. The computation of such adjustment shall depend upon the status of the member’s current joint annuitant at the time of the joint annuitant change, and shall be calculated as follows:

If the member’s current joint annuitant is still living:

Adjusted monthly benefit = (A/B) × C

Where:

A is the member’s current monthly benefit.

B is the appropriate Option 3 or 4 factor from Chapter 60S-7, F.A.C., which was used to calculate the member’s current monthly benefit.

C is the appropriate Option 3 or 4 factor from Rule 60S-7.009 or 60S-7.010, F.A.C., based upon the current ages of the member and the new joint annuitant.

If the member’s current joint annuitant is not living:

Adjusted monthly benefit = A × B

Where:

A is the member’s current monthly benefit.

B is the appropriate Option 3 or 4 factor from Rule 60S-7.009 or 60S-7.010, F.A.C., based upon the current ages of the member and the new joint annuitant.

(d) In the event of the dissolution of marriage of a retired member and his or her designated joint annuitant, such member may, on or after June 17, 1998, elect to nullify the joint annuitant designation of the former spouse, unless there is an existing qualified domestic relations order preventing such action. The member must file with the Division a notarized statement of nullification on Form JA-NUL (Rev. 07/99), http://www.flrules.org/Gateway/reference.asp?No=Ref-00365, Florida Retirement System Pension Plan Joint Annuitant Nullification Form, herein adopted by reference and a copy of the divorce decree. Form JA-NUL may be obtained by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. The nullification shall be effective on the first day of the next month following receipt by the Division of the properly completed form and a copy of the divorce decree. Benefits due the member shall be adjusted, if appropriate, and shall be paid as if the former spouse predeceased the member. A member who makes such an election may not reverse the nullification. Such nullification shall not count as a change of joint annuitant unless the member chooses to designate a new joint annuitant in accordance with paragraph (b) and subparagraph (c)2., in which case the member’s monthly benefit will be adjusted as though the member’s nullified joint annuitant is not living.

(9) A married member who selects option 1 as provided in paragraph 60S-4.010(1)(a), F.A.C., or option 2 as provided in paragraph 60S-4.010(1)(b), F.A.C., shall notify his or her spouse of such option selection, and the spouse shall acknowledge such option selection as follows:

(a) A member who selects option 1 or 2 shall be required to indicate if he or she is married or not married on Form SA-1, Florida Retirement System Spousal Acknowledgment Form, as adopted in Rule 60S-4.010, F.A.C. If the member is married, his or her spouse shall complete the spousal acknowledgment section of such form acknowledging that the member has selected option 1 or 2.

(b) If the Division does not receive a completed spousal acknowledgment of option selection, the Division will advise the member in writing that his or her benefits will not commence until:

Such completed spousal acknowledgment of option selection is received by the Division; or
It is established in writing to the satisfaction of the Division that the spouse cannot be located; or
In the case of refusal by the spouse to sign the spousal acknowledgment of option selection, the Division shall notify the spouse in writing of the option selection. Such notification shall constitute acknowledgment by the spouse of such selection.

(10) Prior to the receipt of his or her first monthly benefit payment, a State and County Officers’ and Employees’ Retirement System member who is eligible for a retirement benefit computed in accordance with Rule 60S-4.004, 60S-4.005 or 60S-4.006, F.A.C., shall select one of the four optional forms of payment of such benefits, as provided in Section 122.08, F.S., on Form FST-11o (Rev 07/06), http://www.flrules.org/Gateway/reference.asp?No=Ref-00361, Teachers’ Retirement System and State and County Officers’ and Employees’ Retirement System Option Selection for Members, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(11) Prior to the receipt of his or her first monthly benefit payment, a Teachers’ Retirement System member who is eligible for a retirement benefit computed in accordance with Rule 60S-4.004, 60S-4.005, or 60S-4.006, F.A.C., shall select one of the four optional forms of payment of such benefits, as provided in Section 238.08, F.S., on Form FST-11o, Option Selection for TRS and SCOERS Members, as adopted in subsection (10).

History

Rulemaking Authority 121.031, 121.052(14) FS. Law Implemented 121.021, 121.031(2), 121.052, 121.055, 121.091(6), (11) FS. History–New 1-1-72, Amended 12-31-74, 7-1-79, 5-18-80, 8-26-81, 1-18-83, 11-6-84, 4-17-85, Formerly 22B-4.10, Amended 3-11-87, 9-5-90, 5-15-91, 9-8-92, Formerly 22B-4.010, Amended 3-12-96, 12-12-96, 2-24-99, 8-13-03, 4-5-12, 1-20-16, 11-6-16.

Fla. Admin. Code R. 60S-4.011 Designation of Beneficiary

(1) A member may designate a beneficiary, as provided in subsection 60S-4.011(4) or (5), F.A.C., to receive the benefits which may be payable pursuant to these rules in the event of the member’s death. No designation of beneficiary shall be effective unless it has been filed with the Division. The most recent designation of beneficiary filed with the Division shall replace any previous designation whether made before or after the member’s retirement.

(2) As provided in Section 121.091(8), F.S., if no beneficiary is designated or if no designated beneficiary survives the member, the beneficiary shall be determined in the following order: the spouse of the deceased member; or if the spouse is not living, the living children of the deceased member, or on their behalf if under 18 years of age; or if no children survive, the deceased member’s father and/or mother, if living; otherwise, the legal representative of the deceased member’s estate.

(3) If a member has transferred from an existing system, any person whom the member had designated as his or her beneficiary under that existing system shall remain the member’s designated beneficiary and shall receive the benefits, if any, which may be payable pursuant to these rules in the event of the member’s death, unless the member changes his or her designation of beneficiary on the proper form provided by the Division.

(4) A member may designate a beneficiary or beneficiaries at any time prior to retirement, as follows:

(a) A member may designate one or more beneficiaries, to receive benefits sequentially, or jointly.

(b) A member may designate as beneficiary any person, organization, trust, or his or her estate; or he or she may designate that benefits be paid according to law as provided in subsection 60S-4.011(2), F.A.C., and Section 121.091(8), F.S.

(c) Such beneficiary designation shall be made on the Form BEN-001, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07348, Florida Retirement System Pension Plan Active Member Beneficiary Designation Form, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(d) A member may change his or her designation of a beneficiary at any time prior to retirement on the Form BEN-001.

(e) Notwithstanding any other provisions in this section to the contrary, effective January 1, 1999, if a member dies before his or her effective date of retirement, the member’s spouse at the time of death shall be the member’s beneficiary unless the deceased member had designated a different beneficiary after his or her most recent marriage, as provided herein:

If the member was not married at the time of his or her death, the beneficiary shall be the member’s most recently designated beneficiary as provided in this section. To establish entitlement to a survivor’s benefit, the designated beneficiary must provide to the Division a notarized statement that the member had no spouse at the time of death.
If the member was married at the time of his or her death, but the spouse is not the member’s designated beneficiary, to establish entitlement to a survivor’s benefit the spouse must provide a copy of the marriage certificate verifying that the marriage occurred after the most recent beneficiary designation.

(5) Upon application for retirement, a member shall be required to complete a new designation of beneficiary on the appropriate application form as provided in subsection 60S-4.0035(1), F.A.C., as follows:

(a) A member who selects Option 1 or 2, as provided in paragraph 60S-4.010(1)(a) or (b), F.A.C., may:

Designate as beneficiary any person, organization, trust, or his or her estate; or designate that benefits be paid according to law as provided in subsection 60S-4.011(2), F.A.C., and Section 121.091(8), F.S.
Designate one or more beneficiaries to receive benefits jointly or sequentially.
Change his or her designation of beneficiary at any time on Form FST-12, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07349, Florida Retirement System Pension Plan Retired Member and DROP Participant Beneficiary Designation Form, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(b) Effective July 1, 1992, a member who selects Option 2, as provided in paragraph 60S-4.010(1)(b), F.A.C., shall, upon application for retirement, designate a beneficiary or beneficiaries as follows:

The member shall designate one or more primary beneficiaries to receive any benefits remaining upon the death of the member. If more than one primary beneficiary is designated, they shall be joint primary beneficiaries and shall receive equal portions of the remaining benefit unless the member specifies different proportions.
The member may also designate one or more contingent beneficiaries to receive any benefits remaining upon the death of all the primary beneficiaries, whether such deaths occur before or after the member’s death. The member may designate such contingent beneficiaries to receive benefits jointly, sequentially, or to receive the benefit portion of a deceased primary beneficiary.
Upon the death of a joint primary beneficiary, such deceased beneficiary’s portion of the benefit shall be paid to the remaining joint primary beneficiaries in proportion to their share of the benefit, unless specified by the member that such portion shall be paid to a contingent beneficiary. Upon the death of all joint primary beneficiaries, any remaining benefits shall be paid to any contingent beneficiaries designated by the member as provided in subparagraph 60S-4.011(5)(b)2., F.A.C.
Any benefits remaining upon the death of the last remaining beneficiary designated by the member, whether primary or contingent, shall be paid to the estate of such beneficiary.

(c) A member who elects to retire under Option 3 or 4, as provided in paragraph 60S-4.010(1)(c) or (d), F.A.C., shall designate a beneficiary who qualifies as a joint annuitant. The joint annuitant must meet the definition of joint annuitant in Rule 60S-6.001, F.A.C. Proof of financial dependency or of physical or mental incapacity for self-support shall be required and may include the following documents, as determined by the Division based on the circumstances of the joint annuitant:

Copy of member’s Federal income tax return(s) obtained from the Internal Revenue Service claiming the dependent as an exemption.
Copy of member’s and joint annuitant’s (if any) Federal income tax return(s) obtained from the Internal Revenue Service showing that one-half or more of the joint annuitant’s support is provided by the member.
Additional documentation such as medical or institutional cost statements.
Medical or financial records or documents proving that a child is physically or mentally incapable of self-support.
Other proof as required by the Division based on individual circumstances.

(6) An active or retired member may designate a trust as beneficiary or may designate a beneficiary whose benefits are to be paid through a trust, subject to the following:

(a) If a member who dies prior to his or her effective date of retirement has designated a trust as his or her beneficiary, such trust shall be entitled only to a refund of the member’s contributions as provided in subsection 60S-4.008(1) or paragraph (2)(a), F.A.C.

(b) If a member who dies prior to his or her effective date of retirement has designated a beneficiary to receive benefits through a trust, such beneficiary shall be entitled to the same benefits, in accordance with Rule 60S-4.008, F.A.C., as if the member had designated such beneficiary without specifying that benefits be paid through a trust.

(c) Under Option 3 or 4 a member may not designate a trust as beneficiary, but may designate a natural person whose benefits are to be paid through a trust, provided:

Such beneficiary is a minor or is legally incompetent; and,
The designated natural person qualifies as a joint annuitant as defined in Rule 60S-6.001, F.A.C., and in accordance with paragraph 60S-4.011(5)(c), F.A.C., as of the member’s effective date of retirement or at the time of the change of beneficiary designation after retirement as provided in subsection 60S-4.010(8), F.A.C., as applicable.

(d) When a member makes a beneficiary designation involving a trust, either upon application for retirement or after retirement, he or she shall file with the Division:

A copy of the trust instrument; and,
A copy of the acceptance of the trusteeship by the trustee; and,
If applicable, a clear identification of the natural person or persons named as beneficiary to whom benefits are to be paid through a trust.

(e) Notwithstanding the member’s designation of benefits to be paid through a trust to a beneficiary that is a natural person, and notwithstanding the provisions of the trust, the Division shall pay benefits directly to the beneficiary if such person is no longer a minor or legally incompetent.

(f) The trustee of a trust designated as beneficiary or through which benefits are to be paid to a named beneficiary shall have the right to make all applicable decisions and actions regarding benefits payable to or through such trust (including, but not limited to, requesting a lump-sum settlement when a trust is the named beneficiary under Option 2, completing forms, and designating subsequent beneficiaries), unless the trustee and the legal guardian of a beneficiary receiving benefits through the trust are not one and the same, in which case only the legal guardian may act on behalf of the beneficiary.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021, 121.091(6), (8) FS. History–New 1-1-72, Amended 12-31-74, 1-19-82, 9-9-82, Formerly 22B-4.11, Amended 2-7-89, 9-5-90, 5-15-91, 11-14-91, 9-8-92, Formerly 22B-4.011, Amended 3-12-96, 2-24-99, 8-13-03, 4-5-12, 5-1-14, 11-6-16.

Fla. Admin. Code R. 60S-4.012 Employment After Retirement

(1) Any retired member of a state-administered retirement system of Florida except for a retiree under the disability retirement provisions of Section 121.091(4), F.S., may be employed by a private employer or a public employer who does not participate in the Florida Retirement System without affecting his or her retirement benefits.

(2) The following reemployment limitations shall apply to any retiree of a state-administered retirement system who is reemployed by a Florida Retirement System employer in either a regularly established position or a temporary position, during the first 12 calendar months of retirement. For service retirements without DROP participation this 12 calendar month reemployment limitation period shall commence the month of the retiree’s effective date of retirement. For DROP participants such reemployment limitation period shall apply and commence in the calendar month following the participant’s DROP termination date. Any person employed in violation of any of the limitations in this section, and any employing agency which knowingly employs or appoints such person without notifying the Division to suspend retirement benefits shall be jointly and severally liable for reimbursement to the retirement trust fund of any benefits paid during the reemployment limitation period. Such employing agency shall have a written statement from the retiree that he or she is not retired from a state-administered retirement system or may use the State Board of Administration Form CERT (Rev. 06/2012) http://www.flrules.org/Gateway/reference.asp?No=Ref-01935, Florida Retirement System (FRS) – Certification Form, created for such purpose and herein adopted by reference, which may be obtained from the Employer page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500, or if hearing of speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(a)1. For retirements without DROP participation effective before July 1, 2010 and for DROP termination dates before July 1, 2010, reemployment with an employer during the first calendar month of the 12 calendar month reemployment limitation period shall result in cancellation of retirement; the member’s retirement application shall be void and he or she shall be required to repay all retirement benefits received including any DROP accrual.

For retirements without DROP participation effective on or after July 1, 2010 and for DROP termination dates on or after July 1, 2010, reemployment with an employer during the first six calendar months of the 12 calendar month reemployment limitation period shall result in cancellation of retirement; the member’s retirement application shall be void and he or she shall be required to repay all retirement benefits received including any DROP accrual.

(b)1. For retirements without DROP participation effective before July 1, 2010 and for DROP termination dates before July 1, 2010, reemployment with an employer during the second through twelfth calendar months of the reemployment limitation period shall result in suspension of retirement benefits except as provided in subsection 60S-4.012(3), F.A.C.

For retirements without DROP participation effective on or after July 1, 2010 and for DROP termination dates on or after July 1, 2010, reemployment with an employer during the seventh through the twelfth calendars of the reemployment limitation period shall result in suspension of retirement benefits.
If a retiree is reemployed during the calendars months of the reemployment limitation period applicable to his or her effective retirement date or DROP termination date as provided in subparagraph 1. or 2., above, he or she shall:

a. Notify the Division in writing of such employment and have his or her benefits suspended effective the first day of the first month of reemployment which may be done utilizing Form FR-23 effective 09/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09933, Florida Retirement System Pension Plan Notification of Reemployment for Suspension of Retirement Benefits, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. This suspension shall remain in effect for the balance of the reemployment limitation period or for every month of the reemployment limitation period in which he or she is employed, and benefits that would have been paid during the period of suspension are forfeited;

b. Notify the employer in writing that he or she is receiving retirement benefits from a state-administered retirement system;

c. Upon expiration of the reemployment limitation period or upon termination of employment prior to expiration of the reemployment limitation period, notify the Division in writing that his or her reemployment limitation period has been completed or that he or she is no longer employed and desires to have his or her benefits reinstated which may be done utilizing Form FR-23a (Rev. 05/05), http://www.flrules.org/Gateway/reference.asp?No=Ref-00356, Florida Retirement System Pension Plan Application to Reactivate Retirement Benefits, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. Upon verification by his or her employer, his or her retirement benefits will then be reinstated effective the first day of the month following termination of employment or expiration of the reemployment limitation period;

If he or she returns to work again during the reemployment limitation period, notify the Division to suspend his or her benefits again for any month in which he or she is employed.

(c) If he or she is reemployed by an employer and fails to have his or her retirement benefits suspended during the reemployment limitation period stated in subsection (2), above, he or she shall:

Have his or her retirement benefits suspended;
Repay to the Division any retirement benefits received while reemployed during the reemployment limitation period. Such suspension shall continue until full repayment has been made for all retirement benefits received during the reemployment limitation period stated in subsection (2), above. Benefits suspended beyond the reemployment limitation period shall apply toward repayment of benefits received in violation of the reemployment limitation.

(3)(a) For retirements without DROP participation effective before July 1, 2010 and for DROP termination dates before July 1, 2010, after the first calendar month of the reemployment limitation period, certain retirees may be reemployed for 780 hours during the second through the twelfth calendar months of the reemployment limitation period as follows:

Such retiree of the Florida Retirement System or the Teachers’ Retirement System may be reemployed by a community college board of trustees as an adjunct instructor; or
Such retiree of the Florida Retirement System or the Teachers’ Retirement System may be reemployed by a community college board of trustees as a participant in a phased retirement program, within the State Community College System; or
Such retiree of the Florida Retirement System or the Teachers’ Retirement System may be reemployed as an adjunct faculty member as defined in paragraph 6C-5.910(4)(a), F.A.C., or as a participant in a phased retirement program, within the State University System; or
Such retiree as described in subparagraphs 1. through 3., who is reemployed is subject to the following:

a. He or she may concurrently receive retirement benefits and compensation for such employment for a total of 780 hours during the second through the twelfth calendar months of the reemployment limitation period stated in subsection 60S-4.012(2), F.A.C.;

b. He or she shall notify the employer in writing that he or she is receiving retirement benefits from the Florida Retirement System or the Teachers’ Retirement System;

c. If he or she is reemployed for more than 780 hours during the reemployment limitation period he or she shall:

I. Notify the employer and the Division in writing of the date on which he or she will complete 780 hours of employment, at which time the Division shall suspend his or her retirement benefits effective the first day of the month following the month in which he or she completes 780 hours of employment. This suspension shall remain in effect for every month in which he or she is employed during the remainder of the reemployment limitation period, and benefits that would have been paid during the period of suspension are forfeited;

II. Repay to the Division any retirement benefits received during the reemployment limitation period while reemployed beyond the month in which he or she completes 780 hours of employment. Benefits suspended beyond the end of the reemployment limitation period shall apply toward repayment of benefits received during the reemployment limitation period while reemployed beyond the month in which he or she completes 780 hours of employment;

III. Upon expiration of the reemployment limitation period or upon termination of employment prior to expiration of the reemployment limitation period, notify the Division in writing that his or her reemployment limitation period has expired or that he or she is no longer employed and desires to have his or her benefits reinstated. Upon verification by his or her employer, his or her retirement benefits will then be reinstated effective the first day of the month following termination of employment or expiration of the reemployment limitation period;

IV. If he or she returns to work again during the reemployment limitation period, notify the Division to suspend his or her benefits again for any month in which he or she is employed.

(b) For retirements without DROP participation effective before July 1, 2010 and for DROP termination dates before July 1, 2010, after the first calendar month of the reemployment limitation period, certain retirees may be reemployed during the second through the twelfth months of the reemployment limitation period as follows:

Such retiree may be reemployed by a district school board as a classroom teacher (as defined in Section 1012.01(2)(a), F.S.) on an annual contractual basis, non-contractual substitute or hourly teacher, education paraprofessional, transportation assistants, bus drivers, or food service workers; or
Such retiree may be reemployed by the Florida School for the Deaf and the Blind as a substitute teacher, substitute residential instructor, or substitute nurse on a non-contractual basis; or
Such retiree may be reemployed by participating charter schools as a classroom teacher (as defined in Section 1012.01(2)(a), F.S.) on an annual contractual basis, or as substitute or hourly teacher on a non-contractual basis.
Such retiree may be reemployed by Developmental Research school on an annual contractual basis as a classroom teacher as defined in Section 1012.01(2)(a), F.S., or as substitute or hourly teacher or education paraprofessional on a non-contractual basis.
Such retiree who is reemployed as described in subparagraphs 1. through 4., is subject to the following:

a. He or she may concurrently receive retirement benefits and compensation for such employment during the second through the twelfth calendar months of the reemployment limitation period stated in subsection 60S-4.012(2), F.A.C.;

b. He or she shall notify the employer in writing that he or she is receiving retirement benefits from the Florida Retirement System or the Teachers’ Retirement System;

(c) For retirements without DROP participation effective on or after July 1, 2010 and for DROP termination dates on or after July 1, 2010. Exceptions for FRS retirees are outlined in Section 121.091(9), F.S.

(4) Any retired member who is reemployed under the provisions of subsection 60S-4.012(2) or (3), F.A.C., shall not have his or her average final compensation or years of creditable service adjusted because of such employment.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.021, 121.053, 121.091(9), 121.046(4), 238.181 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 7-1-79, 8-26-81, 9-9-82, 10-11-82, 11-6-84, 4-17-85, 9-24-85, Formerly 22B-4.12, Amended 3-11-87, 2-7-89, 9-5-90, 11-14-91, 9-8-92, Formerly 22B-4.012, Amended 3-18-93, 4-5-95, 12-12-96, 2-24-99, 8-13-03, 4-5-12, 3-25-13, 9-30-18.

Fla. Admin. Code R. 60S-4.013 Cost-of-Living Adjustments

History

Rulemaking Authority 121.031 FS. Law Implemented 121.101 FS. History–New 1-1-72, Amended 12-31-74, 7-1-79, 1-19-82, Formerly 22B-4.13, Amended 5-18-88, Formerly 22B-4.013, Amended 12-12-96, 3-25-13, Repealed 3-2-17.

Fla. Admin. Code R. 60S-4.014 Benefits Exempt from Taxes and Execution

History

Rulemaking Authority 121.031 FS. Law Implemented 61.1301, 121.131, 222.21(2) FS. History–New 1-1-72, Repromulgated 12-31-74, Formerly 22B-4.14, Amended 5-15-91, Formerly 22B-4.014, Amended 8-4-94, Repealed 3-2-17.

Fla. Admin. Code R. 60S-4.015 Deductions from Monthly Benefits

Subject to approval by the Division, a payee (retiree or beneficiary) receiving retirement benefits under the Florida Retirement System, State and County Officers’ and Employees’ Retirement System and the Teachers’ Retirement System may have certain payments deducted from his or her monthly benefit as follows:

(1) Federal income tax shall be withheld in accordance with federal law unless the payee elects otherwise on Form W-4P.

(2) Premiums for life and health-related insurance policies from approved companies may be deducted, provided:

(a) New deductions, or a restart of previously closed deductions, are authorized in writing by the payee and by the insurance company;

(b) A minimum of 50 payees have authorized deductions and are covered by each such company participating in the payroll deduction program;

(c) Payroll deduction authorization forms, which shall be approved by the Division, are provided by the companies to payees and are forwarded to the Division by the companies;

(d) Address files for covered payees are maintained by the companies;

(e) Payees are notified by the companies at least 45 calendar days prior to the effective date of all actions affecting coverage or premiums. Such actions include, but are not limited to, date and amount of initial deduction, changes in deduction amount, and changes in coverage;

(f) The Division is notified, by approved electronic data processing media, of premium rate changes affecting more than 50 payees. Such notification must be received by the Division at least 45 calendar days prior to the effective date of such rate change; and

(g) The Division is notified of all additions, deletions, and changes, except as provided in paragraph (f), by the fifth day of the month in which such additions, deletions, and changes are to be effective.

(3) Life insurance premiums for the State Group Life Insurance Plan and health insurance premiums for the State Group Health Insurance Plan may be deducted, provided deductions are authorized by the payee and the Division of State Group Insurance or its designated agent.

(4) Repayment of overpayments from the Florida Retirement System Trust Fund or the State Employees’ Group Health Self-Insurance Trust Fund may be deducted upon notification to the payee by the Division of Retirement or the Division of State Group Insurance.

(5) Payments for alimony, child support or division of marital assets may be deducted provided:

(a) Payments for alimony and child support pursuant to Income Deduction Orders under Section 61.1301, F.S., shall be paid through the appropriate court-disbursing depository;

(b) Payments to an alternate payee resulting from a division of marital assets pursuant to a Qualified Domestic Relations Order (QDRO) under Section 222.21, F.S., shall be paid to the alternate payee, at the last known address. There shall be no liability to the Division of Retirement if the alternate payee fails to provide the correct mailing address. The alternate payee shall provide to the Division of Retirement all information requested, in the format required by the Division, in order to establish the alternate payee as a payee under the Florida Retirement System.

(6) Payments to the Internal Revenue Service for federal income tax levies may be deducted upon notification to the Division by the Internal Revenue Service.

History

Rulemaking Authority 121.031 FS. Law Implemented 61.1301, 121.031, 222.21 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Formerly 22B-4.15, Amended 5-15-91, Formerly 22B-4.015, Amended 8-4-94, 8-13-03, 4-5-12, 3-25-13.

Fla. Admin. Code R. 60S-4.016 Survivor Benefits under Chapter 238, Florida Statutes

History

Rulemaking Authority 121.031 FS. Law Implemented 121.051(2)(a)2. FS. History–New 1-1-72, Repromulgated 12-31-74, 7-1-79, Formerly 22B-4.16, 22B-4.016, Repealed 12-18-11.

Fla. Admin. Code R. 60S-4.020 Retiree Health Insurance Subsidy

(1) A monthly retiree health insurance subsidy shall be paid to each eligible retired member or beneficiary who is a spouse or financial dependent receiving a benefit from a state-administered retirement system except as follows:

(a) Persons receiving benefits provided under Sections 121.40, 238.07(16)(a) and 250.22, F.S., persons receiving health insurance coverage paid by the state under Section 110.1232, F.S., or recipients of any other special pension or relief act shall not be eligible for such payments.

(b) Retired participants of the Senior Management Service Optional Annuity Program as provided in Section 121.055(6), F.S., or the State University System Optional Retirement Program as provided in Section 121.35, F.S., shall not receive the subsidy payments.

(2) Eligible retired members or beneficiaries must make application to the Division for the Health Insurance Subsidy and certify their health insurance coverage in accordance with procedures established by the Division in order to receive the Health Insurance Subsidy. FRS Pension Plan retirees or beneficiaries shall make application and certify their health insurance coverage to the Division on Form HIS-1 (Rev. 07/05) http://www.flrules.org/Gateway/reference.asp?No=Ref-00403, Florida Retirement System Pension Plan Health Insurance Subsidy Certification Form, herein adopted by reference, which is mailed to the FRS Pension Retiree’s address of record when placed on retired payroll and may also be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. FRS Investment Plan retirees or beneficiaries shall make application to the Division for the Health Insurance Subsidy on Form HIS-IP, effective 09/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09934, Florida Retirement System (FRS) Application for Health Insurance Subsidy for Investment Plan Retirees, herein adopted by reference, and shall certify their health insurance coverage to the Division on Form HIS-IP-2 (Rev 10/11) http://www.flrules.org/Gateway/reference.asp?No=Ref-00405, Florida Retirement System (FRS) Health Insurance Subsidy Certification for Investment Plan Members, herein adopted by reference. Both of these forms may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. If the Division receives such application and certification of health insurance coverage within 6 months after retirement FRS benefits commence, the Retiree Health Insurance Subsidy may be paid retroactive up to the effective retirement date. If the Division receives the certification of insurance coverage 6 or more months after retirement benefits commence, the member will be eligible to receive retroactive payments for a maximum of 6 months only. Retroactive Retiree Health Insurance Subsidy benefits can only be paid for the months of certified health insurance coverage.

(3) The Retiree Health Insurance Subsidy shall be paid to eligible persons by the Division. The amount of the monthly retiree health insurance subsidy payment shall be equal to the number of years of creditable service included in the calculation of the member’s retirement benefit multiplied by:

(a) $1, beginning January 1, 1988, the subsidy amount not to exceed $30, or be less than $10.

(b) $2, beginning January 1, 1989, the subsidy amount not to exceed $60, or be less than $20.

(d) $5, beginning January 1, 1999, the subsidy amount not to exceed $150, or be less than $50.

(e) $5, beginning July 1, 2001, the subsidy amount not to exceed $150, or be less than $30.

(4) Contributions shall be made for active members of state-administered retirement systems as provided in subsection 60S-3.003(7), F.A.C.

History

Rulemaking Authority 112.363(7), 121.031(2) FS. Law Implemented 112.363, 121.031 FS. History–New 5-18-88, Amended 11-14-91, Formerly 22B-4.020, Amended 3-18-93, 2-24-99, 4-17-12, 3-25-13, 8-26-14, 12-3-14, 5-29-17, 9-30-18.

Fla. Admin. Code R. 60S-4.021 Forfeiture of Benefits

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(5) FS. History–New 8-4-94, Amended 4-5-95, 12-12-96, 2-24-99, 4-5-12, Repealed 1-31-18.

Chapter 60S-5 MANAGEMENT OF SYSTEM TRUST FUNDS

Fla. Admin. Code R. 60S-5.001 Scope and Purpose

History

Rulemaking Authority 121.031 FS. Law Implemented 121.031 FS. History–New 1-1-72, Formerly 22B-5.01, 22B-5.001, Repealed 12-22-15.

Fla. Admin. Code R. 60S-5.002 Statements of Policy

History

Rulemaking Authority 121.031 FS. Law Implemented 121.031, 112.61 FS. History–New 1-1-72, Amended 11-6-84, Formerly 22B-5.02, 22B-5.002, Repealed 3-2-17.

Fla. Admin. Code R. 60S-5.003 Receipts

History

Rulemaking Authority 121.031 FS. Law Implemented 121.031 FS. History–New 1-1-72, Formerly 22B-5.03, 22B-5.003, Repealed 1-10-17.

Fla. Admin. Code R. 60S-5.004 Investment of Funds

History

Rulemaking Authority 121.031 FS. Law Implemented 121.151 FS. History–New 1-1-72, Formerly 22B-5.04, 22B-5.004, Repealed 1-10-17.

Fla. Admin. Code R. 60S-5.005 Disbursements

(1) The Administrator shall be responsible for authorizing disbursements from the retirement funds and accounts in accordance with applicable laws and these rules and regulations.

(2) Administrative expenses of the Florida Retirement System shall be paid from interest earned on investments of the retirement and social security trust funds and from any assessments made in accordance with Chapter 650, F.S.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.031 FS. History–New 1-1-72, Formerly 22B-5.05, 22B-5.005.

Fla. Admin. Code R. 60S-5.006 Annual Statements

History

Rulemaking Authority 121.031 FS. Law Implemented 121.031 FS. History–New 1-1-72, Amended 1-23-83, Formerly 22B-5.06, 22B-5.006, Amended 4-5-95, Repealed 3-2-17.

Fla. Admin. Code R. 60S-5.0061 Financial Information

History

Rulemaking Authority 121.031 FS. Law Implemented 121.135, 216.102 FS. History–New 4-5-95, Repealed 3-2-17.

Fla. Admin. Code R. 60S-5.007 External Compliance Audits

(1) The Division shall conduct audits of participating agencies’ payroll and personnel records. These audits shall be made to determine the accuracy of reports submitted to the Division and assess the degree of compliance maintained with regard to the applicable statutes, rules and agreements. Audits shall be scheduled on a regular basis, as the result of concerns known to exist at an agency, or as a follow-up to insure agency action was taken to correct deficiencies found in an earlier audit.

(2) The participating agencies shall furnish the Division with information and documents that are required to conduct the audit. The following documents may be requested:

(a) Payroll records

(b) Budget and chart of accounts

(d) Form 1099 – Misc. Statement and supporting data

(e) Personnel records

(f) Personnel policies and procedures

(g) Individual employees’ earning records

(h) Additional data as required

(3) The Division shall review the agency’s operations concerning retirement and social security coverage. Preliminary findings shall be discussed with agency personnel at the close of the audit. An audit report of findings and recommendations shall be submitted to the Division and an audit summary letter shall be submitted to the agency noting any concerns and necessary corrective action.

History

Rulemaking Authority 121.031 FS. Law Implemented 121.031 FS. History–New 7-1-79, Formerly 22B-5.07, Amended 11-14-91, 9-8-92, Formerly 22B-5.007.

Chapter 60S-6 DEFINITIONS

Fla. Admin. Code R. 60S-6.001 Definitions

Whenever used in these rules, unless otherwise expressly stated, or unless the context or subject matter requires a different meaning, the following words and terms shall have the respective meanings indicated:

(1) ACCUMULATED ANNUAL LEAVE PAYMENT – Means any payment, made either during an employee’s employment or at termination or retirement, for leave accrued during such employee’s career and which was intended but never utilized by the employee for his or her personal use. General leave, which may be used for both sickness and vacation, is considered accumulated annual leave. When leave is initially accrued separately as annual leave or sick leave and later combined into a consolidated leave account, only the payment for that portion which represents annual leave shall be considered as compensation. If any single lump-sum annual leave payment, made anytime during a member’s employment, exceeds 500 hours, only a maximum of 500 hours of such annual leave payment shall be considered as compensation. Accumulated annual leave payments that may be included in the Average Final Compensation are limited to a combined total of 500 hours as provided in subsection (6).

(2) ACCUMULATED CONTRIBUTIONS – Means the sum of:

(a) A member’s contributions without interest subsequent to December 1, 1970; and

(b) The single-sum amount the member would have received if he or she were covered by an existing system prior to December 1, 1970, and had terminated membership in such system on November 30, 1970; subject to reduction on account of benefit payments as provided under certain options.

(3) ACCUMULATED SICK LEAVE PAYMENT – Means leave accrued during an employee’s career which was intended for use in the event of sickness, injury or other health problems of a member or his or her family. General leave that may be used for both sickness and vacation is not considered sick leave. When leave is initially accrued separately as annual leave or sick leave and later combined into a consolidated leave account, the payment that represents sick leave shall not be considered compensation. Payment for any accumulated sick leave shall not be considered compensation for retirement purposes and shall not be included in the Average Final Compensation.

(4) ADMINISTRATOR – Means the person charged with the responsibility and authority for administering the Florida Retirement System Pension Plan. Such person is the Secretary of the Department of Management Services.

(5) ANNUAL COMPENSATION – Means the total compensation paid a member during a fiscal year. A year is 12 continuous months.

(6) AVERAGE FINAL COMPENSATION – For members initially enrolled in the Florida Retirement System before July 1, 2011, average final compensation means the average of the 5 highest fiscal years of compensation for creditable service prior to retirement, termination or death calculated in accordance with subsection 60S-4.004(1), F.A.C. For members initially enrolled in the Florida Retirement System on or after July 1, 2011, average final compensation means the average of the 8 highest fiscal years of compensation for creditable service prior to retirement, termination or death calculated in accordance with subsection 60S-4.004(1), F.A.C.

(a) The average final compensation shall include:

Accumulated annual leave payments as defined in subsection 60S-6.001(1), F.A.C., not to exceed 500 hours,
All payments defined as compensation in subsection 60S-6.001(16), F.A.C.,

(b) The average final compensation shall not include:

Compensation paid to professional persons for special or particular services.
Payments made due to retirement or termination for accumulated sick leave as defined in subsection 60S-6.001(3), F.A.C.
Payments for annual leave in excess of 500 hours.
Bonuses as defined in subsection 60S-6.001(11), F.A.C.
Third party payments made on and after July 1, 1990.
Automobile allowances.
Housing allowances.
Uniform or tool allowances.
Fair market value of employer-provided vehicles or reimbursement to employee of market value of employer-provided vehicles.
Stipends in lieu of an employer-furnished vehicle.
Stipends for reimbursement of parking expenses.
Value of meals and lodgings and/or reimbursement for the same.
Refunds of insurance premiums paid by the employee provided that the employee does not file an insurance claim.
Employer payments for a Health and Life Insurance Program in addition to the base salary.
Cash payments paid under a flexible benefits program when the employee’s base salary has not been increased.

(7) AVERAGE MONTHLY COMPENSATION – Means 1/12 of average final compensation.

(8) BENEFICIARY – Means the joint annuitant or any other person, organization, estate, or trust fund designated by the member or other qualified person to receive the benefits, if any, which may be payable pursuant to these rules, in the event of the death of the member or other beneficiary.

(9) BENEFIT – Means any monthly payment, from the retirement trust fund, to a member, retiree, or beneficiary.

(10) BLENDED OR UNIFORM CONTRIBUTION RATE – Means the single contribution rate required for each class of membership in the Florida Retirement System, which shall be sufficient to fund both Part I and Part II of the Florida Retirement System in an actuarially sound manner, as provided in Part III of Chapter 121, F.S.

(11) BONUS – Means a payment made in addition to an employee’s regular or overtime salary that is usually non-recurring, does not increase the employee’s base rate of pay and includes no commitment for payment in a subsequent year. Such payments are not considered compensation and, effective July 1, 1989, shall not be reported to the Division as salary, and retirement contributions shall not be made on such payments.

(a) A payment is a bonus if any of the following applies:

The payments are not paid according to a formal written policy applying to all eligible employees equally;
The payments commence later than the eleventh year of employment;
The payments are not based on permanent eligibility; or
The payments are paid less than annually.

(b) Bonuses shall include but not be limited to the following:

Exit bonus or severance pay;
Longevity payments made in conformance with the provisions of paragraph 60S-6.001(11)(a), F.A.C., above;
Salary increases granted due to an employee’s agreement to retire, including increases paid over several months or years prior to retirement;
Payments for accumulated overtime or compensatory time, reserve time, or holiday time worked, if not made within 11 months of the month in which the work was performed; and
Lump sum payments in recognition of employees’ accomplishments.

(12) BREAK IN SERVICE – Means an interruption in the continuous service of a member where any of the following occurs:

(a) The member terminates his or her employment in a position covered by the Florida Retirement System or any existing retirement system and receives a refund of the accumulated contributions he or she has made, even though the member later claims prior service and repays the refunded contributions plus interest.

(b) The member has an absence of one calendar month or more from an employer’s payroll except for periods of absence where an employer-employee relationship continues to exist and such absence is creditable under the Florida Retirement System or one of the existing systems.

(13) CALENDAR MONTH – Means one of the 12 divisions of a year as determined by the Gregorian calendar (e.g., January, April, etc.).

(14) CALENDAR YEAR – Means a period of time beginning January 1 and ending on the following December 31.

(15) CLOSED RETIREMENT SYSTEM – Means “existing systems” – the retirement systems which existed prior to December 1, 1970, and which were consolidated by Chapter 121, F.S. From December 1, 1970, through June 30, 1972, this term means the State and County Officers and Employees’ Retirement System, the Teachers’ Retirement System and the Highway Patrol Pension System created by Chapters 122, 238, and 321, F.S., respectively. On and after July 1, 1972, this term also includes the Judicial Retirement System established by Chapter 123, F.S. On and after July 1, 2007, this term also includes the Institute of Food and Agricultural Sciences Supplemental Retirement Program, established by Section 121.40, F.S.

(16) COMPENSATION OR GROSS COMPENSATION –

(a) Compensation means the total gross monthly salary paid a member by his or her employer for work performed arising from that employment, including:

Overtime payments, except as provided in subparagraph 60S-6.001(11)(b)4., F.A.C.;
Accumulated annual leave payments, as defined in subsection 60S-6.001(1), F.A.C.;
Payments in addition to the employee’s base rate of pay if all the following apply:

a. The payments are paid according to a formal written policy that applies to all eligible employees equally;

b. The policy provides that payments shall commence not later than the eleventh year of employment;

c. The payments are paid for as long as the employee continues his or her employment; and

d. The payments are paid at least annually.

Amounts withheld for tax-sheltered annuities or deferred compensation programs, or any other type of salary reduction plan authorized under the Internal Revenue Code;
Payments, whether made annually or in 12 or 26 equal payments within a 12-month period, made in lieu of a permanent increase in the base rate of pay when the member’s base pay is at the maximum of his or her pay range. When a portion of a member’s annual increase raises his or her base pay to the maximum of his or her pay range, and the excess is paid as a lump sum payment, such lump sum payment shall be compensation for retirement purposes;
Salary supplements paid on or after July 1, 2002 and prior to July 1, 2008, to teachers under the Excellent Teaching Program or the Florida Mentor Teacher Pilot Program, as provided in and subject to the requirements of Sections 1012.72 and 1012.73, F.S.

(b) Compensation shall not include:

Any bonuses or other payments prohibited from inclusion in the member’s average final compensation as defined in paragraph 60S-6.001(6)(b), F.A.C.;
Any public funds paid by an employer into an employee’s salary reduction, deferred compensation, or tax-sheltered annuity program on or after July 1, 1990 (the date as of which all employers were notified in writing by the Division to cease making contributions based on such amounts). However, if an employer was notified in writing by the Division to cease making such contributions as of a different date, that employer shall be subject to the requirements of such written notice.
Any amounts in excess of the Internal Revenue Code (IRC) Section 401(a)(17), F.S., limitation as follows:

a. For any person who first became a member before July 1, 1996, compensation for all plan years beginning on or after July 1, 1990, shall not include any amounts in excess of the maximum of $200,000 in 1989, adjusted for changes in the cost of living thereafter.

b. For any person who first became a member on or after July 1, 1996, compensation for any plan year shall not include any amounts in excess of the maximum of $150,000 in 1996, adjusted for changes in the cost of living as published by the Internal Revenue Service.

(17) CONTINUOUS SERVICE – Means service in a regularly established position beginning with the first day of employment with an employer covered under a state-administered retirement system consolidated herein and continuing for as long as the member remains in an employer-employee relationship with an employer covered under the system. Continuous service shall cease if the member has a break in service as defined in subsection 60S-6.001(12), F.A.C. Continuous service shall also include past service provided such service is continuous within this definition.

The following types of creditable service shall be considered continuous if the specific criteria listed for each is met:

(a) Military Service Subsequent to Membership in a Retirement System: Military service which interrupts employment and for which retirement credit has been granted under an existing system or the Florida Retirement System pursuant to subsection 60S-2.005(1), F.A.C., shall constitute continuous service.

(b) Leave of Absence Credit: A leave of absence for which credit has been granted under the Florida Retirement System pursuant to Rule 60S-2.006, F.A.C., or an existing retirement system shall not constitute a break in continuous service.

(c) Past Service: Past service as defined by subsection 60S-6.001(46), F.A.C., may be claimed as continuous creditable service, if such service was, in fact, continuous within this definition.

(d) Workers’ Compensation Service: Creditable service received in accordance with Rule 60S-2.012, F.A.C., for periods during which workers’ compensation payments are received shall be considered continuous provided there has been no break in the continuous nature of the member’s service other than for the period for which workers’ compensation payments were received.

(18) COVERED EMPLOYMENT – Means employment in a regularly established position with an employer that participates in the Florida Retirement System.

(19) COVERED GROUP – Means a municipality or independent special district or a unit thereof, a metropolitan planning organization, public charter school or a public charter technical career center that is approved for Social Security coverage by the United States Secretary of Health and Human Services and approved by the Administrator for membership in the Florida Retirement System.

(20) CREDITABLE SERVICE – Means the sum of a member’s past service, prior service, military service, workers’ compensation credit, future service, and all other service allowed within the provisions of Chapter 121, F.S., and these rules and regulations, provided that all required contributions have been paid and all other requirements have been met; however, in no case shall a member receive credit for more than a year’s service during any 12-month period. Service as applied to a teacher or a non-academic employee of a school board shall be based on contract years of employment or school term years of employment as provided in Chapters 122 and 238, F.S., rather than 12-month periods of employment.

(21) DEATH IN LINE OF DUTY – Means death arising out of and in the actual performance of duty required by a member’s employment during his or her regularly scheduled working hours or irregular working hours as required by the employer.

(22) DISABILITY – Means total and permanent disability by reason of a medically determinable physical or mental impairment that prevents a person from rendering useful and efficient service as an officer or employee.

(a) Disability In-Line-of-Duty – Means disability resulting from an injury or illness arising out of and in the actual performance of duty required by a member’s employment during his or her regularly scheduled working hours or irregular working hours as required by the employer.

(b) Regular Disability – Means other than in-line-of-duty disability.

(23) DEFERRED MONTHLY BENEFIT – A benefit to which a member or his or her designated beneficiary is entitled at the time the member terminates employment, but for which the member or his or her designated beneficiary chooses to postpone applying until a later date. Upon application, the deferred monthly benefit shall commence based on the actual service earned, the average final compensation at the time of termination and the member’s age at the time of application.

(24) EARLY RETIREMENT AGE – Means the first day of the month following the date a member satisfies the service requirements for vesting as provided in paragraph 60S-4.003(1)(b), F.A.C., and elects to receive retirement benefits when the member has not attained normal retirement age as provided in paragraph 60S-4.003(1)(c), F.A.C. Such benefits shall be based on the average monthly compensation and creditable service as of the member’s early retirement date, and the benefit so computed shall be reduced by 5/12 of 1 percent for each complete month by which the early retirement age precedes his or her normal retirement age.

(25) EFFECTIVE RETIREMENT DATE – Means the first day of the month in which retirement benefits begin to accrue as provided in Rule 60S-4.0035 or subsection 60S-11.001(5), F.A.C.

(26) ELECTED OFFICERS’ CLASS MEMBER – Means any governor, lieutenant governor, cabinet officer, legislator, supreme court justice, district court of appeal judge, county court judge, circuit judge, state attorney, public defender or any elected officer of a county, municipality or independent special district who participates in the Elected Officers’ Class of the Florida Retirement System in accordance with Rule 60S-1.0055, F.A.C.

(27) EMPLOYER – Means any agency, branch, department, institution, university, institution of higher education, or board of the state, or any county agency, branch, department, board, district school board, or independent special district, metropolitan planning organization, public charter school or public charter technical career center of the state or any municipality of the state which participates in the system for the benefit of certain of its employees. This term shall also apply to any hospital, municipality or independent special district that withdrew from the Florida Retirement under Sections 121.051(2)(b) and 121.0511, F.S., until such time their last remaining employee who retained membership in the Florida Retirement System terminates employment.

(28) EXISTING SYSTEMS – Means the retirement systems that existed prior to December 1, 1970, and were consolidated by Chapter 121, F.S. From December 1, 1970, through June 30, 1972, this term means the State and County Officers and Employees’ Retirement System, the Teachers’ Retirement System and the Highway Patrol Pension System created by Chapters 122, 238, and 321, F.S., respectively. On and after July 1, 1972, this term also includes the Judicial Retirement System established by Chapter 123, F.S. On or after July 1, 2007, this term also includes the Institute of Food and Agricultural Sciences Supplemental Retirement Program, established by Section 121.40, F.S.

(29) FISCAL YEAR – Means a period of time beginning July 1 and ending on the following June 30, both dates inclusive.

(30) FUTURE SERVICE – Means service subsequent to the date of the member’s participation in the Florida Retirement System and may include authorized leaves of absence as provided in Rule 60S-2.006, F.A.C.

(31) HIGHWAY PATROL PENSION SYSTEM – Means the retirement system established by Chapter 321, F.S., for all employees of the Department of Highway Safety and Motor Vehicles who have subscribed to the constitutional oath of office.

(32) INITIAL BENEFIT – Means the first monthly retirement benefit payable to a retiree or beneficiary in accordance with the laws governing the determination of such benefit at time of retirement or death.

(33) INDEPENDENT CONTRACTOR – Means an individual who is not subject to the control and direction of the employer for whom work is being performed, with respect not only to what shall be done but also to how it shall be done. If the employer has the right to exert such control, an employee-employer relationship exists and the person is an employee and not an independent contractor. The Division has adopted the following factors as guidelines to aid in determining whether an individual is an employee or an independent contractor. The weight given each factor is not always the same and varies depending on the particular situation.

(a) INSTRUCTIONS: An employee must comply with instructions from his or her employer about when, where, and how to work. The instructions may be oral or may be in the form of manuals or written procedures that show how the desired result is to be accomplished. Even if no actual instructions are given, the control factor is present if the employer has the right to give instructions.

(b) TRAINING: An employee is trained to perform services in a particular manner. This is relevant when the skills and experience which would be used as an independent contractor were gained as a result of previous employment. Independent contractors ordinarily use their own methods and receive no training from the purchasers of their services.

(c) INTEGRATION: An employee’s services are integrated into the business operations because the services are critical and essential to the success or continuation of an agency’s progress/operation. This shows that the employee is subject to direction and control.

(d) SERVICES RENDERED PERSONALLY: An employee renders services personally. This shows that the employer is interested in the methods as well as the results. Lack of employer control may be indicated when a person has the right to hire a substitute without the employer’s knowledge or approval.

(e) HIRING ASSISTANTS: An employee works for an employer who hires, supervises, and pays assistants. An independent contractor hires, supervises, and pays assistants under a contract that requires him or her to provide materials and labor and to be responsible only for the result.

(f) CONTINUING RELATIONSHIP: An employee has a continuing relationship with an employer. A continuing relationship may exist where work is performed at frequently recurring, although irregular intervals.

(g) SET HOURS OF WORK: An employee usually has set hours of work established by an employer. An independent contractor is the master of his or her own time and works on his or her own schedule.

(h) FULL-TIME OR PART-TIME WORK: An employee may work either full-time or part-time for an employer. Full-time does not necessarily mean an 8-hour day or a 5 or 6-day week. Its meanings may vary with the intent of the parties, the nature of the occupation and customs in the locality. These conditions should be considered in defining “full-time.” An independent contractor can work when and for whom he or she chooses.

(i) WORK DONE ON PREMISES: An employee works on the premises of an employer, or works on a route or at a location designated by an employer. The performance of work on the employer’s premises is not controlling in itself; however, it does imply that the employer has control over the employee. Work performed off the employer’s premises does indicate some freedom from control; however, it does not in itself mean the worker is not an employee.

(j) ORDER OR SEQUENCE OF SERVICES: An employee generally performs services in the order or sequence set by an employer. This shows that the employee is subject to direction and control of the employer.

(k) REPORTS: An employee submits oral or written reports to an employer. This shows that the employee must account to the employer for his or her actions.

(l) PAYMENTS: An employee is usually paid by the hour, week, or month. An independent contractor is paid periodically (usually a percent of the total payment) by the job or on a straight commission.

(m) EXPENSES: An employee’s business and/or travel expenses are paid by an employer. This shows that the employer is in a position to control expenses and therefore the employee is subject to regulations and control.

(n) TOOLS AND MATERIALS: An employee is furnished significant tools, materials, and other equipment by an employer. An independent contractor usually provides his or her own tools, materials, etc.

(o) INVESTMENT: An employee is usually furnished the necessary facilities. An independent contractor has a significant investment in the facilities he or she uses in performing services for someone else.

(p) PROFIT OR LOSS: An employee performs the services for an agreed upon wage and is not in a position to realize a profit or suffer a loss as a result of his or her services. An independent contractor can make a profit or suffer loss. Profit or loss implies the use of capital by the individual in an independent business of his or her own.

(q) WORKS FOR MORE THAN ONE PERSON OR FIRM: An employee usually works for one organization. However, a person may work for a number of people or organizations and still be an employee of one or all of them. An independent contractor provides his or her services to two or more unrelated persons or firms at the same time.

(r) OFFERS SERVICES TO GENERAL PUBLIC: An independent contractor makes his or her services available to the general public. This can be done in a number of ways: Having his/her own office and assistants, hanging out a “shingle”, holding business licenses, having listings in business directories and telephone directories, and advertising in newspapers, trade journals, etc.

(s) RIGHT TO TERMINATE EMPLOYMENT: An employee can be fired by an employer. An independent contractor cannot be fired so long as he or she produces a result that meets the specifications of the contract. An independent contractor can be terminated but usually he or she will be entitled to damages for expenses incurred, lost profit, etc.

(t) RIGHT TO QUIT: An employee can quit his or her job at any time without incurring liability. An independent contractor usually agrees to complete a specific job and is responsible for its satisfactory completion, or is legally obligated to make good for failure to complete it.

(34) INDEPENDENT SPECIAL DISTRICT – Means an independent local unit of special-purpose, as opposed to general-purpose, government within a limited boundary, created by general law, special act, local ordinance, or by rule of the Governor and Cabinet. The special purpose or purposes of special districts are implemented by specialized functions and related prescribed powers. The term does not include a school district, a community college district, a special improvement district created pursuant to Section 285.17, F.S., a municipal service taxing or benefit unit as specified in Section 125.01, F.S., or a board that provides electrical service and which is a political subdivision of a municipality or is part of a municipality. The membership of the governing body of an independent special district shall not be identical to, appointed by, or subject to removal by the governing body of a single county or a single municipality; nor shall the budget of an independent special district require approval by such a governing body. A district that includes more than one county is an independent special district.

(35) INVESTMENT PLAN – Means the Florida Retirement System defined contribution plan as provided in Part II of Chapter 121, F.S.

(36) JOINT ANNUITANT – Means:

(a) The spouse; or

(b) A natural or legally adopted child who is either under 25 or physically or mentally disabled and incapable of self-support, regardless of age, or any other person under 25 for whom the member is the legal guardian and who is financially dependent for no less than one-half of his or her support from the member at retirement or at the time of death of such member, whichever occurs first; or

(c) a parent, or grandparent, or a person age 25 or older for whom the member is the legal guardian, provided that such parent, grandparent, or other person is financially dependent for no less than one-half of his or her support from the deceased member at retirement or at time of the death of such member, whichever occurs first. See also paragraph 60S-4.011(5)(c), F.A.C.

(37) JUDICIAL RETIREMENT SYSTEM – Means the retirement system established by Chapter 123, F.S., for supreme court justices, district court of appeal judges, and circuit judges of the state, consisting of:

(a) Division A – Members of the Judicial Retirement System who are members as of July 1, 1963, and who have not elected to become members of Division B.

(b) Division B – Members of the Judicial Retirement System who are members as of July 1, 1963, who elected to become members of Division B and receive social security coverage.

(38) LEAVE OF ABSENCE (Authorized Leave of Absence) – Means a leave of absence from employment under the Florida Retirement System, subsequent to November 30, 1970, for which retirement credit may be received in accordance with Rule 60S-2.006, F.A.C.

(39) LOCAL AGENCY EMPLOYER – Means any of the following entities that participate in the system for the benefit of certain of its employees: The board of county commissioners or other legislative governing body of a county, including that of a consolidated or metropolitan government; a clerk of the circuit court; a sheriff, property appraiser, tax collector, or supervisor of elections, provided that such officer is elected or has been appointed to fill a vacancy in an elective office; a community college board of trustees or district school board; a public charter school; a public charter technical career center, the governing body of any municipality or independent special district of the state; a metropolitan planning organzation; or the governing body of any council, commission, authority, or other governmental entity that is created or authorized by general or special law, and that is independent of any other local agency employer. This term shall also apply to any hospital, municipality or independent special district that withdrew from the Florida Retirement under Sections 121.051(2)(b) and 121.0511, F.S., until such time their last remaining employee who retained membership in the Florida Retirement System terminates employment.

(40) MEMBER – Means any officer or employee who is covered by the provisions of the Florida Retirement System, including any officer or employee who is on an approved leave of absence.

(41) METROPOLITAN PLANNING ORGANIZATION OR MPO – Means an entity created by an interlocal agreement pursuant to Section 339.175, F.S., or any other entity created pursuant to Section 339.175, F.S., that has applied for and been approved for participation in the Florida Retirement System.

(42) NON-COVERED EMPLOYER – Means any public or private employer that does not participate in the Florida Retirement System.

(43) NORMAL RETIREMENT AGE OR DATE – Means the time at which a member is first eligible to receive a normal retirement benefit without actuarial reduction to such benefit because of early retirement as provided in subparagraph 60S-4.003(1)(c)1., F.A.C.

(44) OFFICER OR EMPLOYEE – Means any person receiving compensation for work performed in a regularly established position with any agency, branch, department, institution, university, institution of higher education, or board of the state, or any county agency, branch department, board, district school board, or any municipality or independent special district, or metropolitan planning organization, or participating public charter school or public charter technical career center of the state that participates in the Florida Retirement System. (See definition of “regularly established position”.)

(45) PARTICIPATION IN THE FLORIDA RETIREMENT SYSTEM – Means being subject to the provisions of the Florida Retirement System and making the contributions required by Chapter 121, F.S., and these rules and regulations.

(46) PAST SERVICE – Means the number of years, complete months and any fractional part of a month of employment during which an employee is in the active employ of a municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center prior to the time such municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center becomes a covered group under the Florida Retirement System, or service prior to January 1, 1968, in the Cuban Refugee Assistance Program administered by the Florida State Department of Public Welfare or other service as described in Rule 60S-2.003, F.A.C. Credit for past service can be purchased in accordance with applicable conditions and circumstances as set forth in Rule 60S-2.003, F.A.C.

(47) PAYEE – Means a retiree or beneficiary of a retiree who is receiving a retirement benefit payment.

(48) PENSION PLAN – Means the Florida Retirement System defined benefit plan as provided in Part I of Chapter 121, F.S.

(49) PHASED RETIREMENT PROGRAM – Means a program contracted by the governing board of a participating university or community college in which a retired member may be reemployed in a faculty position provided:

(a) The member retired and met the definition of termination as provided in subsection 60S-6.001(69), F.A.C.;

(b) The retired member is reemployed for not more than 780 hours during the first 12 months of retirement; and

(50) PLAN CHOICE ADMINISTRATOR or THIRD-PARTY ADMINISTRATOR – Means the entity hired by the State Board of Administration, pursuant to Section 121.4501(8)(b)1., F.S., to provide administrative services for the Florida Retirement System Investment Plan and is responsible for processing enrollment forms received from employees making a retirement plan choice either by form, by telephone, or on the MyFRS.com website (www.MyFRS.com).

(51) PLAN YEAR – Means the period of time beginning July 1 and ending on the following June 30, both dates inclusive, for all state-administered retirement systems.

(52) PREVIOUS SERVICE – Means the number of years, complete months and any fractional part of a month, recognized and credited by an employer and approved by the Administrator, of service under one of the retirement systems established by Chapters 121, 122, 123, 238, or 321, F.S., on which the required contributions were paid at the member’s termination of employment, and for which the member has received no refund of contributions.

(53) PRIOR SERVICE – Means employment in a regularly established position with an agency participating in a state administered retirement system in Florida for which no contributions were paid or contributions were withdrawn.

(54) PUBLIC CHARTER SCHOOL – Means a public school established pursuant to Section 1002.33, F.S., which is established as a public employer in its charter as provided in Section 1002.33(12)(i), F.S., that has applied for and been approved for participation in the Florida Retirement System.

(55) PUBLIC CHARTER TECHNICAL CAREER CENTER– Means a public school or a public technical center operated under a public charter granted by a district school board or community college board of trustees or a consortium, including one or more district school boards and community college boards of trustees, that includes the district in which the facility is located, pursuant to Section 1002.34(3)(a), F.S., that has applied for and been approved for participation in the Florida Retirement System.

(56) PUBLIC OFFICE – Means an office created by the Constitution of the State of Florida or by the Legislature pursuant thereto, which must be filled by vote of the electorate.

(57) REGULAR CLASS MEMBER – Means any member of the Florida Retirement System other than a Special Risk Class member, a Special Risk Administrative Support Class member, an Elected Officers’ Class member, or a Senior Management Service Class member.

(58) REGULARLY ESTABLISHED POSITION – A regularly established position in a State agency is a position as defined in Section 121.021(52)(a), F.S. A regularly established position in a local agency (district school board, county agency, Florida College System Institution, participating muncipality, independent special district, metropolitan planning organization, public charter school or charter technical career center) is a position as defined in Section 121.021(52)(b), F.S, except, effective October 1, 2012, a regularly established position in a water management district operating pursuant to Chapter 373, F.S., is a position as defined in Section 121.021(52)(c), F.S.

(59) RETIREE – Means a former member of one of the retirement systems established by Chapters 121, 122, 123, 238, and 321, F.S., who has terminated his or her employment and is receiving benefits from the system in which he or she was a member. This term also includes a person who retired and is receiving benefits under Section 112.05, F.S., and a DROP participant as provided in Chapter 60S-11, F.A.C., who has not terminated his or her employment.

(60) SENIOR MANAGEMENT SERVICE CLASS MEMBER – Means any member who is eligible to participate in the Senior Management Service Class of the Florida Retirement System in accordance with Rule 60S-1.0057, F.A.C.

(61) SPECIAL RISK CLASS MEMBER – Prior to October 1, 1978, Special Risk Class member means any officer or employee receiving salary payments for work performed as a peace officer, law enforcement officer, policeman, highway patrolman, custodial employee at a correctional or detention facility, fireman or any other job in the field of law enforcement or fire protection; provided that the duties of such person are certified as hazardous by his or her employer and approved by the Division of Retirement.

(a) Effective October 1, 1978, Special Risk Class member shall mean any officer or employee employed as a law enforcement officer, firefighter or correctional officer who complies with the criteria set forth in Rules 60S-1.0051, 60S-1.0052, and 60S-1.0053, F.A.C., and is approved for Special Risk Class membership by the Division of Retirement pursuant to Rule 60S-1.005, F.A.C.

(b) Effective October 1, 1999, Special Risk Class member shall also include officer or employee employed as an emergency medical technician or paramedic who complies with the criteria set forth in Rule 60S-1.00535, F.A.C., and is approved for Special Risk Class membership by the Division of Retirement pursuant to Rule 60S-1.005, F.A.C.

(c) Effective January 1, 2001, Special Risk Class member shall also mean any officer or employee employed as a community-based correctional probation officer as provided in paragraph 60S-1.0053(2)(d), F.A.C.; and shall also mean certain professional health care workers employed by the Department of Corrections or the Department of Children and Family Services who meet the criteria set forth in Section 60S-1.00537, F.A.C.

(d) Effective July 1, 2001, Special Risk Class member shall also mean any officer or employee employed by the Department of Juvenile Justice who meets the criteria set forth in paragraph 60S-1.0053(2)(f), F.A.C.

(e) Effective October 1, 2005 through June 30, 2008, Special Risk Class member shall also mean certain forensic workers employed by either an agency which proclaims itself to be a law enforcement agency or a medical examiner’s office who meet the criteria set forth in subsection 60S-1.00539(1), F.A.C.

(f) Effective July 1, 2008, Special Risk Class member shall also mean certain forensic workers employed by the Department of Law Enforcement in the crime laboratory, or the Division of State Fire Marshal in the forensic laboratory or certain forensic workers employed by a local government law enforcement agency or medical examiner’s office who meet the criteria set forth in subsection 60S-1.00539(2), F.A.C.

(62) STATE – Means the State of Florida.

(63) STATE-ADMINISTERED RETIREMENT SYSTEM – Means any of the retirement systems administered by the Division of Retirement, Department of Management Services. These systems are the Florida Retirement System (including the State University Optional Retirement Program and the Senior Management Service Optional Annuity Program), Teachers’ Retirement System, State and County Officers and Employees’ Retirement System, Highway Patrol Pension System, Judicial Retirement System and Institute of Food and Agricultural Sciences Supplemental Retirement Program.

(64) STATE AND COUNTY OFFICERS AND EMPLOYEES' RETIREMENT SYSTEM – Means the retirement system established by Chapter 122, F.S., for all full-time officers or employees who receive compensation for employment or service from any agency, branch, department, institution, or branch of the state or any county of the state, or any independent special district of the state, except those members of a retirement system established by Chapters 123, 238, or 321, F.S., and those employees who were hired prior to July 1, 1947, and who rejected membership in a retirement system, which consists of:

(a) Division A – Consists of those members of the State and County Officers and Employees’ Retirement System who were employed prior to January 1, 1958, or those members who were reemployed subsequent to January 1, 1958, and allowed to remain in Division A.

(b) Division B – Consists of those members of the State and County Officers and Employees’ Retirement System who elected to become members of Division B or who were employed on or after January 1, 1958, or Metro Dade County Employees, employed on or after July 1, 1969.

(65) SUBORDINATE OFFICER – Means a person who has been delegated by an officer the authority to exercise the sovereign power of a state, county, district, or municipality.

(66) SUPPORT – Means the total amount spent to provide food, lodging, clothing, education, medical and dental care, transportation, and similar necessities for a person. Support shall include the person’s gross income and any payments received by the person from any other person or agency. Expenses related to all members of a household, must be divided by the number of members in the household.

(67) TEACHERS’ RETIREMENT SYSTEM – Means the retirement system established by Chapter 238, F.S., for all full-time members of the teaching or professional staff and all certificated employees of any public school system of the State, and any tax-supported institution of higher learning of the State, and employees of the Department of Education of the State and employees of the Teachers’ Retirement System, and any county school superintendent of public instruction who holds a valid Florida teacher’s certificate. Only those members electing Plan E of the Teachers’ Retirement System were eligible to transfer to the Florida Retirement System.

Plan E – Consists of those members of the Teachers’ Retirement System who were employed on or after July 1, 1955, or who elected to transfer to Plan E from one of the original retirement plans.

(68) TEMPORARY POSITION – A temporary position in a state agency is a position as defined in Section 121.021(53)(a), F.S. A temporary position in a local agency is a position as defined in Section 121.021(53)(b), F.S., except, effective October 1, 2012, a temporary position in a water management district operating pursuant to Chapter 373, F.S., is a position as defined in Section 121.021(53)(c), F.S.

(69)(a) TERMINATION – Termination occurs, except as provided in paragraphs (b) and (c), when a member of the Florida Retirement System or an existing system ceases all employment relationships with all covered employers which includes employment relationships with an employer that withdrew under Sections 121.051(2)(b) and 121.0511, F.S. However:

For retirements without Deferred Retirement Optional Program (DROP) participation effective before July 1, 2010, if a member is employed by any such employer within the next calendar month, termination shall be deemed not to have occurred, A leave of absence shall constitute a continuation of the employment relationship except as provided in paragraph 60S-4.002(4)(c), F.A.C., for certain members retiring on disability. The Division of Retirement may request additional evidence of termination if available evidence is conflicting, for example, a copy of the member’s resignation letter, a copy of the advertised vacancy of the member’s position, evidence of payments to the member for unused annual and sick leave or of loss of unused annual and sick leave due to termination, or a copy of the employer’s termination document.
For retirements without DROP participation effective on or after July 1, 2010, if a member is employed by any such employer within the next 6 calendar months, termination shall be deemed not to have occurred. A leave of absence shall constitute a continuation of the employment relationship except as provided in paragraph 60S-4.002(4)(c), F.A.C., for certain members retiring on disability. The Division of Retirement may request additional evidence of termination if available evidence is conflicting, for example, a copy of the member’s resignation letter, a copy of the advertised vacancy of the member’s position, evidence of payments to the member for unused annual and sick leave or of loss of unused annual and sick leave due to termination, or a copy of the employer’s termination document.

(b) Termination for a member electing to participate in the DROP occurs when the program participant ceases all employment relationships with all covered employers, which includes employment relationships with an employer that withdrew under Sections 121.051(2)(b) and 121.0511, F.S., however:

For DROP termination dates occurring before July 1, 2010, if the participant is employed by any such employer within the next calendar month, termination will be deemed not to have occurred, except as provided in Sections 121.090(13)(b)4.c., F.S. A leave of absence shall constitute a continuation of the employment relationship.
For DROP termination dates occurring on or after July 1, 2010, if the participant is employed by any such employer within the next six calendar months, termination will be deemed not to have occurred, except as provided in Sections 121.090(13)(b)4.c., F.S. A leave of absence shall constitute a continuation of the employment relationship.

(c) Effective July 1, 2011, termination for a member receiving a refund of employee contributions occurs when a member ceases all employment relationships with participating employers for 3 calendar months. A leave of absence constitutes a continuation of the employment relationship.

(70) VESTED OR VESTING – The guarantee that a member is eligible to receive a future retirement benefit upon completion of the required years of creditable service for the employee’s class of membership even though the member may have terminated covered employment before reaching normal or early retirement age, as defined in this section. A member will lose vested rights to any creditable service for which a refund of contributions is received; or if required to forfeit benefits as provided in Section 121.091(5), F.S. Being vested does not entitle a member to a disability benefit based on a disability caused by an injury or disease that occurs after termination of covered employment.

(71) WORK YEAR – Means the period of time an employee is required to work to receive a full year of retirement credit, as determined in subsection 60S-2.002(4), F.A.C.

(72) WORKERS’ COMPENSATION CREDIT – Means retirement credit received by a member for a period during which he or she is eligible to receive or receives Workers’ Compensation payments in accordance with Rule 60S-2.012, F.A.C., for an illness or injury occurring during his or her employment as a member.

History

Rulemaking Authority 121.031, 121.052(14) FS. Law Implemented 121.021, 121.031, 121.051, 121.0511(6), 121.0515, 121.052, 121.091(5)(e), 112.215, 121.4501, 121.70, 943.22(2)(e) FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 1-16-77, 10-3-78, 7-1-79, 8-26-81, 1-19-82, 9-9-82, 10-12-82, 1-18-83, 2-6-84, 11-6-84, 4-17-85, Formerly 22B-6.01, Amended 2-4-86, 1-12-87, 3-11-87, 2-7-89, 9-5-90, 5-15-91, 11-14-91, Formerly 22B-6.001, Amended 1-25-94, 8-4-94, 4-5-95, 3-12-96, 7-4-96, 12-12-96, 2-24-99, 8-13-03, 4-5-12, 3-25-13.

Chapter 60S-7 ACTUARIAL FACTORS

Fla. Admin. Code R. 60S-7.001 Scope and Purpose

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(6)(b) FS. History–New 1-1-72, Repromulgated 12-31-74, Formerly 22B-7.01, 22B-7.001, Repealed 12-22-15.

Fla. Admin. Code R. 60S-7.002 Statements of Policy

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(6) FS. History–New 1-1-72, Repromulgated 12-31-74, Amended 5-11-83, Formerly 22B-7.02, Amended 11-14-91, Formerly 22B-7.002, Repealed 3-2-17.

Fla. Admin. Code R. 60S-7.003 Factors for Calculating Early Retirement Benefits

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(6)(b) FS. History–New 1-1-72, Repromulgated 12-31-74, Formerly 22B-7.03, 22B-7.003, Repealed 3-2-17.

Fla. Admin. Code R. 60S-7.0041 Actuarial Factors for Calculating Benefits Provided by Options 2, 3, and 4

(1) In the event that actuarial factors are required for certain ages for which there are no actuarial factors provided in this rule, the Administrator shall make available the appropriate factors.

(2) The actuarial factors used to determine the benefits which are payable to a member who retired with an effective date of July 1, 1983, or before and who elects to receive benefits provided in section 121.091(6)(a)2., F.S., are incorporated by reference and may be obtained by contacting the Division of Retirement, P.O. Box 9000, Tallahassee, Florida 32315-9000; or by email at retirement@dms.myflorida.com; or by telephone toll-free at (844)377-1888 or locally at (850)907-6500. The appropriate factor is determined by the sex and age of the member at his or her date of retirement.

(3) The actuarial factors used to determine the benefits that are payable to a member who retires with an effective date of August 1, 1983, through December 1, 2015, and who elects to receive benefits as provided in sections 121.091(6)(a)2.-4., F.S., effective January 2017, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07876, are incorporated by reference and may be obtained by contacting the Division of Retirement by mail at P.O. Box 9000, Tallahassee, Florida 32399-9000; or in person at 3189 S. Blairstone Road, Tallahassee, Florida 32301-6812; or by email at retirement@dms.myflorida.com; or by telephone toll-free at (844)377-1888 or locally at (850)907-6500. For the purpose of selecting the appropriate actuarial factor, the age of the member and the joint annuitant shall be determined as described in subsection (6).

(4) The actuarial factors used to determine the benefits that are payable to a member in a membership class who retires with an effective date of January 1, 2016, through December 1, 2025, and who elects to receive benefits as provided in sections 121.091(6)(a)2.-4., F.S., effective January 2017, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07877, are incorporated by reference and may be obtained by contacting the Division of Retirement by mail at P.O. Box 9000, Tallahassee, Florida 32315-9000; or in person at 3189 S. Blairstone Road, Tallahassee, Florida 32301-6812; or by email at retirement@dms.myflorida.com; or by telephone toll-free at (844)377-1888 or locally at (850)907-6500. For the purpose of selecting the appropriate actuarial factor, the age of the member and the joint annuitant shall be determined as described in subsection (6).

(5) The actuarial factors used to determine the benefits that are payable to a member in a membership class who retires with an effective date of January 1, 2026, or later, and who elects to receive benefits as provided in sections 121.091(6)(a)2.-4., F.S., Florida Retirement System Actuarial Equivalence Factors Effective January 1, 2026, available at http://flrules.org/Gateway/reference.asp?No=Ref-18343, are incorporated by reference and may be obtained by contacting the Division of Retirement by mail at P.O. Box 9000, Tallahassee, Florida 32315-9000; or in person at 3189 S. Blairstone Road Tallahassee, Florida 32301-6812; or by e-mail at retirement@dms.myflorida.com; or by telephone toll-free at (844)377-1888 or locally at (850)907-6500. For the purpose of selecting the appropriate actuarial factor, the age of the member and the joint annuitant shall be determined as described in subsection (6).

(6) If the effective date of retirement occurs fewer than 7 months after the birth month, the actuarial factor selected shall be the factor for the age as of the last birthday. If the effective date of retirement occurs 7 or more months after the birth month, the actuarial factor selected shall be the factor for the age as of the next birthday.

History

Rulemaking Authority 121.031, 121.091(6) FS. Law Implemented 121.091(6) FS. History–New 10-18-83, Formerly 22B-7.041, 22B-7.0041, Amended 3-2-17, 12-28-25.

Fla. Admin. Code R. 60S-7.0051 Actuarial Factors for Calculating Benefits Provided by Options 3 and 4 for a Male Member and Female Joint Annuitant Prior to August 1, 1983

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(6)(b) FS. History–New 10-18-83, Formerly 22B-7.051, 22B-7.0051, Repealed 3-2-17.

Fla. Admin. Code R. 60S-7.0061 Actuarial Factors for Calculating Benefits Provided by Options 3 and 4 for a Female Member and Male Joint Annuitant Prior to August 1, 1983

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(6)(b) FS. History–New 10-18-83, Formerly 22B-7.061, 22B-7.0061, Repealed 3-2-17.

Fla. Admin. Code R. 60S-7.0071 Actuarial Factors for Calculating Benefits Provided by Options 3 and 4 for a Male Member with a Male Joint Annuitant Prior to August 1, 1983

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(6)(b) FS. History–New 10-18-83, Formerly 22B-7.071, 22B-7.0071, Repealed 3-2-17.

Fla. Admin. Code R. 60S-7.0081 Actuarial Factors for Calculating Benefits Provided by Options 3 and 4 for a Female Member with a Female Joint Annuitant Prior to August 1, 1983

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(6)(b) FS. History–New 10-18-83, Formerly 22B-7.081, 22B-7.0081, Repealed 3-2-17.

Fla. Admin. Code R. 60S-7.009 Actuarial Factors for Calculating Benefits Provided by Options 2, 3, and 4 through December 31, 2015

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(6) FS. History–New 10-18-83, Formerly 22B-7.09, Amended 11-14-91, Formerly 22B-7.009, Amended 8-13-03, 1-20-16, Repealed 3-2-17.

Fla. Admin. Code R. 60S-7.0091 Actuarial Factors for Calculating Benefits Provided by Options 2, 3, and 4 on and After January 1, 2016

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(6) FS. History–New 1-20-16, Repealed 3-2-17.

Fla. Admin. Code R. 60S-7.010 Actuarial Factors for Calculating Disability Benefits Provided by Options 2, 3 and 4

(1) In the event that actuarial factors are required for certain ages for which there are no actuarial factors provided in this rule, the Administrator shall make available the appropriate factors.

(2) The actuarial factors used to determine the disability benefits as provided in section 121.091(4), F.S., that are payable to a member who retires with an effective date of August 1, 1983, through December 1, 2015, and who elects to receive benefits as provided in sections 121.091(6)(a)2.-4., F.S., effective January 2016, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06289, are incorporated by reference and may be obtained by contacting the Division of Retirement by mail P.O. Box 9000, Tallahassee, Florida 32315-9000; or in person at 3189 S. Blairstone Road, Tallahassee, Florida 32301-6812; or by email at retirement@dms.myflorida.com; or by telephone toll-free at (844)377-1888 or locally at (850)907-6500. For the purpose of selecting the appropriate actuarial factor, the age of the member and the joint annuitant shall be determined as described in subsection (5).

(3) The actuarial factors used to determine the disability benefits as provided in section 121.091(4), F.S., that are payable to a member who retires with an effective date of January 1, 2016, through December 1, 2025, and who elects to receive benefits as provided in sections 121.091(6)(a)2.-4., F.S., effective January 2017, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07878, are incorporated by reference and may be obtained by contacting the Division of Retirement by mail at P.O. Box 9000, Tallahassee, or in person at 3189 S. Blairstone Road, Tallahassee, Florida 32301-6812; or by email at retirement@dms.myflorida.com; or by telephone toll-free at (844)377-1888 or locally at (850)907-6500. For the purpose of selecting the appropriate actuarial factor, the age of the member and the joint annuitant shall be determined as described in subsection (5).

(4) The actuarial factors used to determine the disability benefits as provided in section 121.091(4), F.S., that are payable to a member who retires with an effective date of January 1, 2026, or later, and who elects to receive benefits as provided in sections 121.091(6)(a)2.-4., F.S., Florida Retirement System Actuarial Equivalence Factors Effective January 1, 2026, incorporated by reference in subsection 60S-7.0041(5), F.A.C. For the purpose of selecting the appropriate actuarial factor, the age of the member and the joint annuitant shall be determined as described in subsection (5).

(5) If the effective date of retirement occurs fewer than 7 months after the birth month, the actuarial factor selected shall be the factor for the age as of the last birthday. If the effective date of retirement occurs 7 or more months after the birth month, the actuarial factor selected shall be the factor for the age as of the next birthday.

History

Rulemaking Authority 121.031, 121.091(6) FS. Law Implemented 121.091(6) FS. History–New 10-18-83, Formerly 22B-7.10, Amended 11-14-91, Formerly 22B-7.010, Amended 8-13-03, 1-20-16, 3-2-17, 12-28-25.

Fla. Admin. Code R. 60S-7.011 Actuarial Factors for Calculating Disability Benefits Provided by Options 2, 3 and 4 On or After January 1, 2016

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(6) FS. History–New 1-20-16, Repealed 3-2-17.

Fla. Admin. Code R. 60S-7.050 Actuarial Factors for Calculating Benefits Provided by Options 1, 2, 3 and 4 in Existing Retirement Systems

(1) In the event that actuarial factors are required for certain ages for which there are no actuarial factors provided in this rule, the Administrator shall make available the appropriate factors.

(2) The actuarial factors used to determine the regular or disability benefits that are payable to a member who retires with an effective date of August 1, 1983, or later, and who elects to receive benefits as provided by Option 1, 2, 3 or 4 in section 238.08, F.S., are incorporated by reference and may be obtained by contacting the Division of Retirement by mail or in person at 3189 S. Blairstone Road, Tallahassee, Florida 32301-6812; or by email at retirement@dms.myflorida.com; or by telephone toll-free at (844)377-1888 or locally at (850)907-6500. For the purpose of selecting the appropriate actuarial factor, the age of the member and the joint annuitant shall be determined as in subsection (4).

(3) The actuarial factors used to determine the regular or disability benefits that are payable to a member who retires with an effective date of August 1, 1983, or later, and who elects to receive a reduced regular or disability benefit as provided in section 122.08, F.S., effective January 2017, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07908, are incorporated by reference and may be obtained by contacting the Division of Retirement by mail at P.O. Box 9000, Tallahassee, FL 32315-9000 or in person at 3189 S. Blairstone Road, Tallahassee, Florida 32301-6812; or by email at retirement@dms.myflorida.com; or by telephone toll-free at (844)377-1888 or locally at (850)907-6500. For the purpose of selecting the appropriate actuarial factor, the age of the member and the joint annuitant shall be determined as described in subsection (4).

(4) If the effective date of retirement occurs fewer than 7 months after the birth month, the actuarial factor selected shall be the factor for the age as of the last birthday. If the effective date of retirement occurs 7 or more months after the birth month, the actuarial factor selected shall be the factor for the age as of the next birthday.

History

Rulemaking Authority 121.031, 121.091(6) FS. Law Implemented 121.091(6), 122.08, 238.08 FS. History–New 10-18-83, Formerly 22B-7.50, Amended 11-14-91, Formerly 22B-7.050, Amended 8-13-03, 3-2-17, 12-28-25.

Fla. Admin. Code R. 60S-7.060 Actuarial Factors for Calculating Reduced Benefits Provided in the State and County Officers and Employees’ Retirement System on and After August 1, 1983

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(6), 122.08 FS. History–New 10-18-83, Formerly 22B-7.60, Amended 11-14-91, Formerly 22B-7.060, Amended 8-13-03, Repealed 3-2-17.

Fla. Admin. Code R. 60S-7.070 Actuarial Factors for Calculating Reduced Benefits Provided by the Highway Patrol Pension Fund on and After August 1, 1983

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(6), 321.20 FS. History–New 10-18-83, Formerly 22B-7.70, Amended 11-14-91, Formerly 22B-7.070, Amended 8-13-03, Repealed 3-2-17.

Chapter 60S-9 APPROVED FORMS

Fla. Admin. Code R. 60S-9.001 Approved Forms

History

Rulemaking Authority 121.031 FS. Law Implemented 1.01, 112.215, 112.361, 112.363, 120.55, 121.011, 121.015, 122.021, 121.031(2), 121.051, 121.0515, 121.053, 121.081, 121.091, 121.111, 121.115, 121.1122, 121.121, 121.125, 121.35, 121.4501, 121.591, 122.08, 122.09, 215.28, 238.05, 238.06, 238.07, 689.21, 1012.01 FS. History–New 9-9-82, Amended 2-6-84, 11-6-84, 4-17-85, Formerly 22B-9.01, Amended 6-4-86, 12-5-90, Formerly 22B-9.001, Amended 1-4-93, 1-18-94, 4-26-94, 1-10-95, 11-2-95, 12-28-95, 3-12-96, 12-16-97, 10-14-98, 4-26-99, 1-24-00, 12-19-00, 2-6-01, 3-18-02, 10-23-05, 9-18-07, 5-22-08, 4-2-12, 3-25-13, 1-10-17.

Chapter 60S-11 DEFERRED RETIREMENT OPTION PROGRAM

Fla. Admin. Code R. 60S-11.001 Definitions

The definitions in Rule 60S-6.001, F.A.C., apply to this chapter unless otherwise expressly stated, and when used in this chapter, the following words and terms have the meaning indicated:

(1) deferred retirement option program (DROP) – means a program, hereinafter referred to as the DROP, available to certain members who are eligible for retirement under the FRS Pension Plan, under which members effectively retire and have their retirement benefits accumulate, tax deferred, in the FRS Trust Fund while they continue covered employment for a limited time.

(2) DROP eligibility date – means the first day of the month in which a vested member becomes eligible to participate in the DROP by virtue of reaching his or her normal retirement date. Normal retirement date shall be as defined in section 121.021(29), F.S.

(3) DROP begin date – means the first day of the month in which the member’s DROP participation period begins and is always the same date as the member’s effective date of retirement. Such date shall be no sooner than the first day of the month following the receipt of the DROP application by the Division. A member may apply for the DROP up to 6 months prior to his or her DROP begin date. A member’s DROP begin date cannot be the same as the month the Division receives the DROP application.

(4) DROP participation period – means the period of time a member participates in the DROP, not to exceed the limits set forth in section 121.091(13), F.S.

(5) DROP Participant or PARTICIPANT – means a person who has retired from the FRS Pension Plan and is participating in the DROP.

(6) DROP end date – means the date the DROP participation ceases and shall be the date termination of all employment occurs as defined in section 121.021(39)(b), F.S., except as provided in section 121.053, F.S., for elected officers. The DROP end date shall be effective as of the date of the participant’s approved future deferred resignation, as stated on Form DP-ELE, adopted by reference in Rule 60S-11.002, F.A.C.; or if applicable on Form DP-EXT, adopted by reference in Rule 60S-11.004, F.A.C., or earlier if the participant terminates prior to the approved future resignation date. The participant may cease participation in the DROP prior to the approved future resignation date only by satisfying the definition of termination as provided in section 121.021(39)(b), F.S.

(7) Optional Service Credit – includes credit for prior service, past service purchased by the member, wartime military service, a military leave of absence before December 3, 1974, a leave of absence without pay, in-state and out-of-state service, a suspension without pay, teaching in a federally operated school in Florida, and periods of disability retirement. Optional service credit does not include Workers’ Compensation credit, past service credit paid for by the employer, credit for a military leave of absence on or after December 3, 1974, paid for by the employer, or credit for upgraded service purchased by the member or employer.

(8) DROP BREAK IN SERVICE – occurs when no compensation is received by a DROP participant during one full calendar month of the participant’s work year and there is no continuing employer-employee relationship. A member who is on an approved leave of absence without pay or on a Workers’ Compensation leave has an employer-employee relationship.

History

Rulemaking Authority 121.031, 121.091(13) FS. Law Implemented 121.091(13) FS. History–New 9-16-03, Amended 4-5-12, 3-25-13, 4-30-17, 9-30-18, 8-6-26.

Fla. Admin. Code R. 60S-11.002 Participation

(1) Eligibility – A member of the FRS Pension Plan or the Teachers’ Retirement System shall be eligible to participate in the DROP provided the member attains normal retirement date as provided in section 121.021, F.S., for FRS Pension Plan members, or normal retirement date as provided in chapter 238, F.S., for Teachers’ Retirement System members.

(2) Election to Participate – An eligible member may elect to participate in the DROP as provided in section 121.091(13), F.S.

(3) Application to Participate –

(a) Member’s Responsibility – In order to participate in the DROP, it shall be the responsibility of the eligible member to ensure a properly completed application is received by the Division. To apply for the DROP, the member’s completed application shall include:

Form DP-ELE, effective 08/26, http://flrules.org/Gateway/reference.asp?No=Ref-19513, Florida Retirement System Pension Plan Notice of Election to Participate in the Deferred Retirement Option Program (DROP) and Resignation of Employment, herein adopted by reference, which shall specify the DROP begin date and the DROP termination and resignation date, and shall be acknowledged by the employer. Such termination and resignation date shall constitute a binding letter of resignation with the employer. If the member is simultaneously employed by more than one FRS employer, the member must submit a completed DP-ELE form from each employer. The DP-ELE form may be submitted to the Division up to 6 months prior to the intended DROP begin date. The DP-ELE form may also be obtained from the forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with hearing or speech impairment may call the Division via T.D.D at the Florida Relay System by dialing 711 or (800)955-8771.
Form DP-11, effective 08/26, http://flrules.org/Gateway/reference.asp?No=Ref-19514, Florida Retirement System Pension Plan Application for Service Retirement and the Deferred Retirement Option Program (DROP); or Form DT-11, effective 08/26, http://flrules.org/Gateway/reference.asp?No=Ref-19515, Teachers’ Retirement System Application for Service Retirement and the Deferred Retirement Option Program (DROP), as applicable. The submitted form shall be acknowledged by the employer. Both forms are herein adopted by reference and may also be obtained from the forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(b) Division’s Responsibility – When the Division receives a member’s application for the DROP the Division will:

Acknowledge receipt of the member’s application and advise him or her of any required information or documents that have not yet been received. Such information may include, but is not limited to, birth date verification as required by subsection 60S-4.0035(2), F.A.C., beneficiary designation as required by subsection 60S-11.004(2), F.A.C., option selection as required by Rule 60S-4.010, F.A.C., spousal acknowledgment if Option 1 or 2 is selected as required by subsection 60S-4.010(9), F.A.C., recorded marriage certificate if option 3 or 4 is selected as required in subsection 60S-4.0035(3), F.A.C., any payments due the member’s account for purchase of optional service credit or a written statement from the member that the member does not wish to claim such service credit, and certification of accumulated annual leave payments as defined in section 121.021, F.S.
Establish the “DROP begin date” as defined in Rule 60S-11.001, F.A.C.
Send a follow-up notice, reminding the member of any required information or documents that have not yet been received.

(c) Subject to timely submission of all required documents, the effective date of DROP participation shall be the “effective retirement date” as defined in Rule 60S-6.001, F.A.C. The DROP participant may not cancel his or her DROP participation or modify his or her DROP begin date after the last day of the month of the “DROP begin date” as defined in Rule 60S-11.001, F.A.C. The DROP benefit shall be deemed cashed or deposited, or credited to the DROP, as required in subsection 60S-4.002(4), F.A.C., as of the first day of the month following the DROP begin date.

(d) Cancellation of DROP Application by the Division – If all the required documentation has not been received by the Division within six months after the DROP begin date, the Division will send a final Division decision letter to the member advising the member that his or her application is canceled and that he or she must reapply to join the DROP with a new effective DROP begin date to be established upon receipt of the new application by the Division.

History

Rulemaking Authority 121.031, 121.091(13) FS. Law Implemented 121.021, 121.091, 1012.01 FS. History–New 9-16-03, Amended 4-5-12, 3-25-13, 10-23-16, 4-30-17, 9-30-18, 8-6-26.

Fla. Admin. Code R. 60S-11.003 Contributions

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(13) FS. History–New 9-16-03, Repealed 3-2-17.

Fla. Admin. Code R. 60S-11.004 Benefits

(1) Calculation of Benefits.

(a) The retirement benefit of a member who has elected to participate in the DROP shall be calculated as provided in Rule 60S-4.004, F.A.C.

(b) A member may choose to receive his or her accumulated annual leave payment, as defined in section 121.021, F.S., and earned in accordance with section 121.091(13)(c), F.S.

(2) Beneficiary Designation – The beneficiary eligible to receive any accrued DROP benefits payable if the DROP participant dies before the completion of the DROP participation period will be the most recent joint annuitant or beneficiary designated to receive retirement benefits upon the death of the participant, as directed by the participant on the Form FST-12, Florida Retirement System Pension Plan Retired Member and DROP Participant Beneficiary Designation Form as adopted in subsection 60S-4.011(5), F.A.C. However, if the beneficiary or joint annuitant dies during the DROP participation period, the participant may designate a new beneficiary as provided in Rule 60S-4.011, F.A.C., as follows:

(a) If the participant retired under Option 1 or 2, he or she may name a new beneficiary on Form FST-12. Such beneficiary will be eligible for both the DROP benefits and any benefits provided by the option selected, or

(b) If the participant retired under Option 3 or 4, he or she may name a new qualified joint annuitant or spouse on Form JA-1, Florida Retirement System Pension Plan Change of Joint Annuitant Form, adopted in subsection 60S-4.010(8), F.A.C. Such beneficiary will be eligible for both the accrued DROP benefits and any continuing benefits, or

(c) If the participant retired under Option 3 or 4, he or she may name, on Form FST-12, a new beneficiary who will receive only the accrued DROP benefits. Such beneficiary will not replace the joint annuitant or spouse or be eligible for any continuing benefits.

(d) The participant may not name a beneficiary to receive DROP benefits who is different from the beneficiary designated to receive the retirement benefits.

(3) Accrual of DROP Benefits.

(a) Effective with the DROP begin date, the member’s initial normal monthly benefit shall be fixed and shall accrue monthly in the System Trust Fund.

(b) DROP interest shall accrue as provided in section 121.091(13)(c), F.S.

(4) Health Insurance Subsidy – A DROP participant is not eligible to apply for or receive retiree health insurance subsidy payments as specified in section 121.091(13)(f), F.S. A member shall not earn creditable service applicable to the Health Insurance Subsidy while participating in the DROP.

(5) Employment During DROP Participation.

(a) A DROP participant is considered a “retiree” as defined in Rule 60S-6.001, F.A.C. Pursuant to section 121.091(13), F.S., employment is not guaranteed during the DROP participation period.

(b) Employment continues during participation in the DROP through the date the member preselected to stop participation in the DROP, except that elected officers may continue in office after the DROP end date as provided in subsections (10) and (11), and certain instructional and administrative personnel, with approval of their employer and the Division, may extend their DROP participation as provided in section 121.091(13)(b), F.S.

A DROP participant may change jobs or have more than one FRS employer, as long as the participant does not have a “DROP break in service” as defined in Rule 60S-11.001, F.A.C. If a break in service occurs, DROP participation will cease as of the end of the month in which no compensation is received for covered employment.
If the participant is employed by two employers upon beginning participation in the DROP, the member and both employers must complete and submit the employer’s portion of a Form DP-ELE, Florida Retirement System Pension Plan Notice of Election to Participate in the Deferred Retirement Option Program (DROP) and Resignation of Employment, as adopted by reference in Rule 60S-11.002, F.A.C. Only one employer is required to acknowledge the Form DP-11 prior to submission to the Division of Retirement. A change or addition of a new employer after commencement of the DROP only requires the employee and new employer to submit Form DP-ELE.
All employers are required to acknowledge on Form DP-ELE the participant’s DROP termination date, which may be extended as provided in subparagraph 4., (but not beyond the maximum months allowed pursuant to section 121.091(13)(b), F.S.) and to acknowledge potential liability for any additional retirement contributions and interest required if the participant fails to timely terminate employment.
If a participant intends to continue employment beyond the preselected DROP end date and prior to completion of the maximum months allowed pursuant to section 121.091(13)(b), F.S., a new form DP-ELE must be submitted to and received by the Division prior to the initial preselected DROP end date with a new DROP end date acknowledged by both the participant and all affected employers.
DROP participants who are eligible to participate in the DROP beyond the maximum DROP participation period as provided in section 121.091(13), F.S., must submit to the division a completed Form DP-EXT, effective 08/26, http://flrules.org/Gateway/reference.asp?No=Ref-19516, Florida Retirement System Pension Plan Extension of Deferred Retirement Option Program (DROP) for Specified K-12 Personnel, herein adopted by reference. The application must be received prior to the DROP termination date established for the participant’s maximum DROP participation period, but no earlier than six months prior to such date. The applicant will receive confirmation from the Division when the DP-EXT is received and when the application for extension is approved or denied. The DP-EXT form may also be obtained from the forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with hearing or speech impairment may call the Division via T.D.D at the Florida Relay System by dialing 711 or (800)955-8771.

(6) Disability benefits – DROP participants shall not be eligible for disability benefits as described in section 121.091(13)(c)8., F.S.

(7) DROP benefits shall be subject to the provisions of section 121.091(13), F.S., pertaining to assignment, execution, or attachment of benefits, and forfeiture of benefits, respectively. The Alternate Payee of a DROP participant as a result of an approved Qualified Domestic Relations Order may designate a beneficiary on Form DP-12, (Rev. 08/26), https://flrules.org/Gateway/reference.asp?No=Ref-19517, Florida Retirement System Pension Plan Beneficiary Designation Form for the Alternate Payee of a DROP Participant, herein adopted by reference, in the event the Alternate Payee predeceases the DROP participant during the period of DROP participation. Form DP-12 may also be obtained from the forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(8) Death Benefits – Death benefits under the DROP shall be administered pursuant to section 121.091(13)(d), F.S.

(9) Termination of Employment for Participants Other than Elected Officers – A DROP participant, except for an elected officer participating in any membership class, must terminate employment on or before the preselected resignation date specified on Form DP-ELE or, if applicable, on Form DP-EXT, and will be required to submit to the Division a completed Form DP-TERM, effective 08/26, https://flrules.org/Gateway/reference.asp?No=Ref-19518, Florida Retirement System Pension Plan Deferred Retirement Option Program (DROP) Termination Notification, herein adopted by reference, upon termination from the DROP. Form DP-TERM may also be obtained from the forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. If a participant fails to terminate on or before the DROP termination and resignation date:

(a) Retirement and DROP participation are voided as provided in section 121.091(13)(c)5.d, F.S.

(b) The DROP accumulation and any monthly retirement benefits received are forfeited.

(d) The beneficiary designated in subsection (2) will remain the named beneficiary on the most recent Form FST-12, unless revised as specified in subsection 60S-4.011(4), F.A.C.

(e) Should the DROP participant and his or her respective employer rescind the DROP participant’s resignation such that the participant’s employment shall continue beyond the rescinded resignation date, the DROP participant and his or her respective employer shall notify the Division on Form DP-VOID, (Rev. 08/26), https://flrules.org/Gateway/reference.asp?No=Ref-19519, Florida Retirement System Pension Plan Deferred Retirement Option Program (DROP) Void Form, herein adopted by reference, no earlier than three months prior to, but no later than, the rescinded resignation date. Form DP-VOID may also be obtained from the forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(10) Termination of Employment for Participants in the Elected Officers’ Class – A member of the Elected Officers’ Class participating in the DROP may continue to serve in elected office upon reaching the DROP end date as follows:

(a) For such officer who began participating in the DROP on or after July 1, 2002 through June 30, 2010:

Such officer shall be required to submit to the Division a completed Form DP-TEOC-2, (08/26), https://flrules.org/Gateway/reference.asp?No=Ref-19520, Florida Retirement System Pension Plan Deferred Retirement Option Program (DROP) Elected Officer DROP Termination Notification, herein adopted by reference, upon termination from DROP. Form DP-TEOC-2 may also be obtained from the forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.
No additional DROP benefits shall accumulate on behalf of the officer after the officer’s DROP end date, however, cost-of-living adjustments and interest shall continue to accrue as provided in subsection (3) until the officer ceases holding office and satisfies the definition of termination provided in section 121.021(39), F.S.
The officer shall not be a renewed member in the Elected Officers’ Class and the employer shall not make retirement contributions on the officer’s behalf after the officer’s DROP end date, however, the employer shall submit health insurance subsidy contributions until the officer ceases holding elective office.
Monthly retirement benefit payments shall be paid to the officer beginning the first month after the officer ceases holding office and satisfies the definition of termination provided in section 121.021(39), F.S.
After satisfying the definition of termination, such officer who is reemployed or reelected shall be subject to the reemployment limitations provided in section 121.091(9), F.S.

(b) For such officer who began participating in the DROP on or after July 1, 2010:

Such officer shall be required to submit to the Division a completed Form DP-TEOC-2, Florida Retirement System Pension Plan Deferred Retirement Option Program (DROP) Elected Officer DROP Termination Notification, as adopted by reference in paragraph (a), upon termination from DROP.
No additional DROP benefits or interest shall accumulate on behalf of the officer after the officer’s DROP end date, however, cost-of-living adjustments shall continue to accrue as provided in subsection (3) until the officer ceases holding office and satisfies the definition of termination provided in section 121.021(39), F.S
The officer shall not be a renewed member in the Elected Officers’ Class and the employer shall not make retirement contributions on the officer’s behalf after the officer’s DROP end date, however, the employer shall submit health insurance subsidy and unfunded actuarial liability contributions until the officer ceases holding elective office.
Monthly retirement benefit payments shall be paid to the officer beginning the first month after the officer ceases holding office and satisfies the definition of termination provided in section 121.091(39), F.S.
After satisfying the definition of termination, such officer who is reemployed or reelected shall be subject to the reemployment limitations provided in section 121.091(9), F.S.

(11) Termination of Employment for Participants who are Elected Officers not in the Elected Officers’ Class – Effective July 1, 2009, a member who is an elected officer participating in the DROP who is not in the Elected Officers’ Class may continue to serve in elected office upon reaching his or her DROP end date as provided in subsection (10).

(12) DROP Distribution – Upon the conclusion of DROP participation, a member’s total accumulated benefits shall be distributed pursuant to section 121.091(13)(c)5., F.S. Prior to the distribution of accumulated DROP benefits, the Division must receive:

(a) From the non-elected participant, the Form DP-TERM, Florida Retirement System Pension Plan Deferred Retirement Option Program (DROP) Termination Notification, adopted in subsection (9), signed by both the participant and employer or employers, verifying termination of employment.

(b) From the elected officer participant, Form DP-TEOC-3, (08/26), https://flrules.org/Gateway/reference.asp?No=Ref-19521, Florida Retirement System Pension Plan Deferred Retirement Option Program (DROP) Elected Officer Employment Termination Notification, herein adopted by reference, signed by both the participant and employer or employers, verifying termination of employment. This form may also be obtained from the forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(c) From the participant who chose Option 4, Form DP-Joint, (Rev. 08/26), https://flrules.org/Gateway/reference.asp?No=Ref-19522, Florida Retirement System Pension Plan Deferred Retirement Option Program (DROP) Joint Annuitant Verification, herein adopted by reference, signed by the participant verifying that his or her joint annuitant is still living and eligible for the full DROP Payout and the unreduced continuing monthly benefit. This form may also be obtained from the forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(d) From all participants, Form DP-PAYT, effective 08/26, https://flrules.org/Gateway/reference.asp?No=Ref-19523, Florida Retirement System Pension Plan Deferred Retirement Option Program (DROP) Selected Payout Method, herein adopted by reference, submitted by the participant. This form may also be obtained from the forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771.

(e) If the participant has died, Form FST-11g, Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment, as adopted in paragraph 60S-4.008(1)(a), F.A.C., must be completed by his or her beneficiary, notifying the Division as to which of the methods of payment he or she has chosen.

(f) If a direct rollover or a partial lump sum and rollover are requested, Form DP-PAYT must be submitted to the Division. A participant who elects a rollover must have the rollover paid directly to the custodian of an eligible retirement plan as defined in s. 402(c)(8)(B) of the Internal Revenue Code. Eligible retirement plans include, but are not limited to:

An Individual Retirement Account as described in s. 408(a), Internal Revenue Code.
An Individual Retirement Annuity as described in s. 408(b), Internal Revenue Code, excluding an endowment contract.
A Qualified Plan – a stock bonus, pension, or profit sharing plan of an employer (both defined contribution and defined benefit plans) established in accordance with s. 401(a), or 401(k), Internal Revenue Code, for the sole and exclusive benefit of employees or their beneficiaries, excluding designated 401(k) and 403(b) Roth Individual Retirement Accounts.
An Annuity Plan as described in s. 403(a), Internal Revenue Code.
An eligible deferred compensation plan described in s. 457(b), Internal Revenue Code which is maintained by an eligible employer as described in s. 457(e)(1)(A), Internal Revenue Code.
An annuity contract as described in s. 403(b) of the Internal Revenue Code.

For purposes of the above direct rollover provisions, any portion of an eligible rollover distribution that consists of after-tax employee contributions which are not includible in gross income may be transferred only to: (1) a traditional individual retirement account or annuity described in sections 408(a) or (b) of the Code (a “traditional IRA”) or a Roth individual retirement account or annuity described in section 408A of the Code (a “Roth IRA”); or (2) to a qualified plan or an annuity contract described in sections 401(a) and 403(b) of the Code, respectively, that agrees to separate accounting for amounts so transferred (and earnings thereon), including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible.

If the DROP participant dies and the surviving spouse wishes to roll over the DROP account, it can only be rolled over into an arrangement as cited in subparagraphs 1.-6. of this paragraph as described in section 402(c)(9), Internal Revenue Code. However, if the DROP participant dies and the surviving non-spouse beneficiary wishes to roll over the DROP account, it can only be rolled over into an Inherited Individual Retirement account arrangement as cited in sub-subparagraph a. of this subparagraph as described in s. 402(c)(11), Internal Revenue Code.

(13) Federal Limits – Benefits accumulating in the DROP are not subject to federal benefit limitations specified in s. 415 of the Internal Revenue Code, until DROP participation ends and the participant begins receiving his or her monthly retirement benefits. The amount of the accumulated DROP benefit at the time the member ceases the DROP is amortized over the member’s expected lifetime, in the manner required by the Internal Revenue Code, and the annualized value of the DROP account reduces the federal maximum annual benefit the member is entitled to receive.

History

Rulemaking Authority 121.031, 121.091(13)(k) FS. Law Implemented 121.091, 121.131 FS. History–New 9-16-03, Amended 4-5-12, 3-25-13, 5-19-14, 4-17-17, 9-30-18, 8-6-26.

Division 60T Division of Retirement - Local Retirement

Chapter 60T-1 LOCAL RETIREMENT SYSTEMS

Fla. Admin. Code R. 60T-1.001 Scope and Purpose

(1) This chapter sets forth the rules under which municipal and special district units of government are to provide information on their retirement systems to the Division pursuant to Part VII of Chapter 112, F.S. The provisions of this chapter shall be applicable to all municipal governments and special districts (or agencies and instrumentalities thereof) which operate or administer a retirement system or plan for public employees funded in whole or in part by public funds. This chapter shall not apply to municipalities or special districts with respect to any of their employees which participate as a covered group in the Florida Retirement System.

(2) The objectives of this chapter are to clarify the implementation of Part VII, Chapter 112, F.S., so that governmental retirement systems may be managed, administered, operated, and funded in such manner as to maximize the protection of public employee retirement benefits. The pension liabilities attributable to the benefits promised public employees are fairly, orderly, and equitably funded by the current, as well as future, taxpayers. Accordingly, except as herein provided, these rules prohibit the use of any procedure, methodology, or assumptions, the effect of which is to transfer to future taxpayers any portion of the costs which may reasonably be expected to be paid by the current taxpayers.

History

Rulemaking Authority 112.665(1) FS. Law Implemented 112.63 FS. History–New 5-6-81, Amended 9-19-83, Formerly 22D-1.01, Amended 11-14-91, Formerly 22D-1.001, Amended 7-16-15.

Fla. Admin. Code R. 60T-1.002 Definitions

(1) “Actuarial Impact Statement” means a statement setting forth the actuarial liabilities and contribution requirements of a proposed change in the provisions of a local retirement system certified by an enrolled actuary or prepared by the plan administrator or plan sponsor.

(2) “Actuarial Report” means a report prepared and certified by an enrolled actuary based on actuarial evaluation of a local retirement system or plan.

(3) “Division” means the Division of Retirement, Bureau of Local Retirement Systems.

(4) “Local Retirement System or Plan” means any employee pension benefit plan supported in whole or in part by public funds which is not specifically exempt by Section 112.625(8), F.S.

(5) “Significant Plan Amendment” means any change or changes in the retirement plan or system the net effect of which would require a current or potential increase in the contribution rate.

History

Rulemaking Authority 112.665(1) FS. Law Implemented 112.63, 112.64, 112.661, 112.664, 112.665 FS. History–New 5-6-81, Amended 9-19-83, Formerly 22D-1.02, Amended 11-14-91, Formerly 22D-1.002, Amended 7-16-15, 12-25-23.

Fla. Admin. Code R. 60T-1.003 Actuarial Reports

(1) Each plan sponsor shall on its own or through the administrator or trustees of the plan have an actuarial report prepared for each of its defined benefit retirement plans or systems by an enrolled actuary at least every three (3) years commencing from the date of the last actuarial report of the plan or system on October 1, 1980, if no actuarial report has been issued within the three year period prior to October 1, 1979. In addition, actuarial cost determinations recommending the contribution amount, rate or other basis applicable to periods for which an actuarial valuation has not been specifically prepared are to be also provided to the Division within 60 days of receipt by the plan administrator. No actuarial report is required for defined contribution retirement plans or systems. However, the plan sponsor of each defined contribution plan shall provide such information and financial statements, as are necessary to gather, catalog, and maintain complete information on all public employee retirement systems to the Division upon its request.

(2) The results of each actuarial report shall be filed with the plan administrator within 60 days after completion and certification by the actuary and made available for inspection upon request. Also, the system or plan shall provide a copy of each actuarial report to the Division within 60 days of receipt from the actuary.

(3) Actuarial reports shall contain all data required by Section 112.63(1), F.S., which consist of the following:

(a) The values of the present assets, based on market value and “statement value”:

Cash

Bonds

Stocks

Other (specify)

Disclose the derivation of the actuarial asset value used in determining the annual funding requirement.

(b) A plan to amortize any unfunded liability pursuant to Section 112.64, F.S.

(c) A schedule illustrating the amortization of unfunded liabilities as they exist on the date of the valuation, on an annual basis for the three years immediately following the current valuation date and the final year of the amortization schedule must be disclosed, as well as a statement as to how the method was derived.

(d) A description of actions taken by the governmental entity to reduce the unfunded liability, especially those taken since the last actuarial report.

(e) A description and explanation of all actuarial assumptions.

(f) A comparative review illustrating the rates of salary increases granted and investment return realized over the three-year period preceding the current actuarial report with the assumptions used. The actual salary increase rate may be determined for the period between the immediately preceding actuarial valuation date and the current valuation date; however, such rate shall be shown on an annualized basis. Rate of actual salary increases shall be determined by using the aggregate of actual salary increases granted, excluding new entrants and terminations. Investment return rates shall be determined for each year and reported on a consistent basis for each year in the three-year period. There should also be an explanation of how the investment return rate was determined.

(g) A statement by the enrolled actuary, in the form of a certification signed and dated by the actuary, as follows:

Statement by Enrolled Actuary “This actuarial valuation and/or cost determination was prepared and completed by me or under my direct supervision, and I acknowledge responsibility for the results. To the best of my knowledge, the results are complete and accurate, and in my opinion, the techniques and assumptions used are reasonable and meet the requirements and intent of Part VII, Chapter 112, F.S. There is no benefit or expense to be provided by the plan and/or paid from the plan’s assets for which liabilities or current costs have not been established or otherwise taken into account in the valuation. All known events or trends which may require a material increase in plan costs or required contribution rates have been taken into account in the valuation.”

Signature

Date

Enrollment Number

(4) Actuarial valuation reports shall, at a minimum, disclose such information that another actuary, unfamiliar with the situation, would find the information sufficient to appraise the reports’ conclusions and to arrive at reasonably similar results. In order for the Division to determine the completeness, accuracy, and reasonableness of the assumptions, such information shall, at a minimum, include the following items:

(a) The date as of which the valuation was prepared, and the beginning and ending dates of the period for which the recommended contributions are applicable.

(b) The overall valuation results, the adequacy of employer and employee contribution rates in meeting the levels of employee benefits provided in the system and changes, if any, needed in such rates to achieve or preserve a level of funding deemed adequate to enable payment through the indefinite future of the benefit amounts prescribed by the system.

(d) The funding method explained in sufficient detail so that another actuary could, using the same method, arrive at similar results.

(e) For actuarial valuation reports which cover more than one employee group, benefit program, and/or more than one plan, and the valuation calculations are made separately, the applicable valuation results shall be disclosed separately.

(f) Disclosure of any benefit and expense to be provided by the plan and/or paid from the plan’s assets for which no liabilities or current costs have been established or otherwise provided for, including an explanation of the omission and the cost effect thereof.

(g) Disclosure of any event which the actuary has not taken into account and any trend which, for purposes of the actuarial assumptions used, was not assumed to continue in the future, but only if, to the best of the actuary’s knowledge, such event or trend may require a material increase in plan costs or required contribution rates.

(h) Disclosure, for each plan year, of the derivation of the current unfunded actuarial accrued liability from the amount established as of the immediately preceding valuation date. (Unfunded actuarial accrued liabilities are amortized by nonemployee contributions in excess of normal cost and interest requirements.) The disclosure shall, minimally, include the following:

Total unfunded actuarial accrued liability for the immediately prior actuarial valuation date (state date) $______
Plan sponsor normal cost for this plan year $______

3.Interest accrued on 1. and 2. $______

Plan sponsor contributions for this plan year (including amounts expected to be paid) $______
Interest on 4. $______
Changes due to a. + b. + c. + d $______

a. Assumptions $______

b. Funding method $______

c. Plan amendments $______

d. Actuarial gain/loss $______

Total current unfunded actuarial accrued liability 1. + 2. + 3. - 4. - 5. + 6. $______

(i) Demographic and financial statistics on the members (active, terminated with rights to deferred benefits, and retired and beneficiaries) in the retirement system including but not limited to an age and service distribution table for active members. This section shall provide a reconciliation between current data and data in the most recent state approved valuation of the active, terminated with rights to deferred benefits, and retired membership (and beneficiaries). (A projection of emerging liabilities/cash flow needs for the next 10-15 years would be beneficial.)

(j) An annual reconciliation of the plan’s assets from the balance determined as of the immediately preceding valuation date to the balance as of the current valuation date. If the reconciliation is done on a basis other than that used for annual funding requirements, the reconciliation shall show the dollar relationship to actuarial value of assets as used in determining the annual funding requirements. The reconciliation should show separately, at a minimum:

Contributions by source

Interest and dividends

Realized gains (losses)

Increase (decrease) in unrealized appreciation, if applicable (net)

Pension payments

Contribution refunds

Expenses

Other receipts (identify)

Other disbursements (identify)

(k) The amount of active members accumulated contributions (with interest, if provided by plan).

(l) A comparative summary of principal valuation results, essentially in the following format:

COMPARATIVE SUMMARY OF PRINCIPAL VALUATION RESULTS

(Not a required format – to be used as a guide only)

Actuarial Valuation Prepared as of

Participant Data

Current Date

Prior Date

Active members

#_________

Total annual payroll

$_________

Retired members and beneficiaries (other than disabled)

#_________

Total annualized benefit

$_________

Disabled members receiving benefits

#_________

Total annualized benefit

$_________

Terminated vested members

#_________

Total annualized benefit

$_________

Assets

$_________

Actuarial value of assets

$_________

Market value of assets

$_________

Liabilities

Present value of all future expected benefit payments:

Active members

$_________

Retirement benefits

$_________

Vesting benefits

$_________

Disability benefits

$_________

Death benefits

$_________

Return of contribution

$_________

Total

$_________

Terminated vested members

$_________

Retired members and beneficiaries:

Retired (other than disabled) and beneficiaries

$_________

Disabled members

$_________

Total

$_________

Total present value of all future expected benefit

$_________

Payments

$_________

Liabilities due and unpaid

$_________

*Actuarial accrued liability

$_________

*Unfunded actuarial

*Refers to liabilities not funded by future normal cost contributions. Show amount, date and amortization period at establishment, and current amount of each such liability not amortized

Actuarial present value of accrued benefits (to be determined in accordance with a. and b. below)

Statement of actuarial present value of all accrued benefits

Vested accrued benefits

$_________

Inactive members and beneficiaries

$_________

Active members (includes nonforfeitable accumulated member contributions in the amount of _____)

$_________

Total value of all vested accrued benefits

$_________

Non-vested accrued benefits

$_________

Total actuarial present value of all accrued benefits

$_________

Statement of changes in total actuarial present value of all accrued benefits

$_________

Actuarial present value of accrued benefits at beginning of year

$_________

Increase (decrease) during year attributable to (where applicable):

Plan amendment

$_________

Changes in actuarial assumptions

$_________

Increase for interest and probability of payment due to decrease in discount period and benefits accrued

$_________

Benefits paid

$_________

Other changes (identify and state amount)

$_________

Net increase (decrease)

$_________

Actuarial present value of accrued benefits at end of year

$_________

a. Accrued benefits are those future promised benefits that are determined in accordance with the plan’s provisions based on the service members have rendered to the actuarial valuation date. Accrued benefits are those payable under all applicable plan circumstances – retirement, death, disability, and termination of employment – to the extent they are deemed attributable to member service rendered to the valuation date. Benefits to be provided by insured contracts for which the plan sponsor has no future liability and which are excluded from plan assets are to be excluded from plan benefits.

b. All determinations are to be on a consistent basis. Any change is to be disclosed, together with an explanation. The exhibit entries for the actuarial valuation date as of which a change is made shall show the entries on a before and after change basis.

Pension cost (specify applicable funding period)

Normal cost (show cost for each benefit if so calculated and amount for administrative expenses, if applicable)

$_________

$_______

Payment to amortize unfunded liability

$_________

$_______

Expected plan sponsor contribution (including normal cost, amortization payment and interest, as applicable)

$_________

$_______

As % of payroll

__________%

________%

Amount to be contributed by members

$_________

$_______

As % of payroll

__________%

________%

Past contributions For each plan year since last report:

Required plan sponsor contribution

$_________

Required member contribution

$_________

Actual contributions made by:

Plan’s sponsor

$_________

Members

$_________

Other (e.g., Chapter 175 or 185, F.S.)

$_________

Net actuarial gain (loss) (if applicable)

$_________

Other disclosures (where applicable)

$_________

Present value of active member:

Future salaries at attained age

$_________

at entry age

$_________

Future contributions at attained age

$_________

at entry age

$_________

Present value of future

$_________

contributions from other sources (identify)

$_________

Present value of future expected benefit payments for active members at entry age

$_________

(5) The actuarial cost methods utilized for establishing the amount of the annual actuarial normal cost to support the promised benefits shall only be those methods approved in the Employee Retirement Income Security Act of 1974, and as permitted under regulations prescribed by the Secretary of the Treasury.

The funding method utilized for the actuarial report and the resulting recommendation for contributions required to fund the retirement plan shall minimally provide a contribution sufficient to meet the normal cost and to amortize the unfunded liability, if any, in accordance with Section 112.64, F.S.

(6) Actuarial assumptions selected for the actuarial valuation report should reflect the actuary’s best judgment of future events. They should take into account the actual experience of the covered group. The actuary should consider the impact of inflation on appropriate assumptions. The preferred approach in selecting actuarial assumptions is the use of explicit assumptions which more nearly represent the actuary’s best estimates of anticipated plan experience under each assumption. Actuarial assumptions which consistently generate experience gains or losses are prima facie indications of unreasonable actuarial assumptions.

(7) Whenever an actuarial valuation is based on actuarial assumptions or cost methods different from those used in the preceding valuation, the current valuation must clearly indicate the effect on projected liabilities and costs resulting from the new assumptions and/or funding methods.

(8) Administrative expenses paid from the funds being accumulated to support the promised benefits shall be paid on a current basis in addition to the annual funding costs otherwise determined.

(9) Annual funding costs or cost contribution rates determined as of a valuation date but to be paid at a later date or applicable to a period beginning at a later date are to be appropriately adjusted to reflect the intervening time interval. The adjustment shall provide for, but not be limited to, adjustments to account for interest and/or salary increase, as appropriate.

(10) Recommended changes in contributions or contribution rates determined as of a valuation date shall be effective not later than the first of the next fiscal year following the valuation date.

(11) Unless otherwise indicated or contrary to Chapter 112, F.S., all actuarial procedures and determinations are to be in accordance with commonly accepted procedures and determinations. Internal Revenue Service publications should be used as the standard.

History

Rulemaking Authority 112.665(1) FS. Law Implemented 112.63 FS. History–New 5-6-81, Amended 9-19-83, 8-15-84, Formerly 22D-1.03, Amended 11-14-91, Formerly 22D-1.003, Amended 2-23-95, 7-16-15.

Fla. Admin. Code R. 60T-1.0035 Additional Actuarial Disclosures

(1) All reporting fields terms referenced in subsections (2) through (4), are as required under Section 112.664(1), F.S., unless expressly stated otherwise.

(a) Whenever used in this section “Annual Financial Statements” means a report issued which covers a local government retirement system or plan to satisfy the financial reporting requirements of Section 112.664(1), F.S.

(b) For purposes of compliance with Section 112.664(1), F.S., “receipt of the certified actuarial report” means formal approval of the report by the board of trustees.

(c) The actuarial disclosures required under this section must be submitted together with a certification statement, signed and dated by the plan actuary. The certification statement will be in the following format:

“With respect to the reporting standards for defined benefit retirement plans or systems contained in Section 112.664(1), F.S., the actuarial disclosures required under this section were prepared and completed by me or under my direct supervision and I acknowledge responsibility for the results. To the best of my knowledge, the results are complete and accurate, and in my opinion, meet the requirements of Section 112.664(1), F.S., and Rule 60T-1.0035, F.A.C.”

Signature

Name

Enrollment Number

Date

Cover letter attached

(2) The reports required to be filed electronically with the Department of Management Services under Section 112.664(1), F.S., shall use the following format:

Electronic Reporting Format ‒ Must be submitted as a semi-colon delimited file in the following layout:

Reference

Field Name

Field Value

Field Layout Variable length with the maximum number of characters (v#) or Fixed Length with the number of characters (f#) (Negative values indicated with dashes)

(a)

City/District

v25

(b)

Plan Name

v50

(c)

Plan Type

v25

(d)

Valuation Date

f8 using MMDDYYYY format

(e)

Interest Rate:

(e)(1)

Discount Rate, net of investment fees

v5 using xx.xx format

(e)(2)

Long-Term Expected Rate of Return, net of investment fees

v5 using xx.xx format

(f)

Certification Statement

(f)(1)

Signature

Y / N

(f)(2)

Actuary’s Name

v50

(f)(3)

Enrollment Number

v10

(f)(4)

Signature Date

f8 using MMDDYYYY format

(f)(5)

Cover letter attached (pdf)?

Y / N

Section 112.664(1)(a), F.S.

(descriptive separator, not part of the electronic file)

(g)

Total pension liability:

Place responses in paragraphs (g)(1)-(10)

Leave blank

(g)(1)

Service cost

$_______________

v20 rounded to the nearest whole dollar, exclude “$” in beginning of field and exclude commas; example 12313445

(g)(2)

Interest

$_______________

Use paragraph (g)(1) field layout

(g)(3)

Benefit changes

$_______________

Use paragraph (g)(1) field layout

(g)(4)

Difference between expected and actual experience

$_______________

Use paragraph (g)(1) field layout

(g)(5)

Changes in assumptions

$_______________

Use paragraph (g)(1) field layout

(g)(6)

Benefit payments

$_______________

Use paragraph (g)(1) field layout

(g)(7)

Contribution refunds

$_______________

Use paragraph (g)(1) field layout

(g)(8)

Net change in total pension liability

$_______________

Use paragraph (g)(1) field layout

(g)(9)

Total pension liability – beginning of year

$_______________

Use paragraph (g)(1) field layout

(g)(10)

Total pension liability – ending of year

$_______________

Use paragraph (g)(1) field layout

(h)

Plan fiduciary net position:

Place responses in paragraphs (h)(1)-(11)

Leave blank

(h)(1)

Contributions – Employer

$_______________

Use paragraph (g)(1) field layout

(h)(2)

Contributions – State

$_______________

Use paragraph (g)(1) field layout

(h)(3)

Contributions – Member

$_______________

Use paragraph (g)(1) field layout

(h)(4)

Net investment income

$_______________

Use paragraph (g)(1) field layout

(h)(5)

Benefit payments

$_______________

Use paragraph (g)(1) field layout

(h)(6)

Contributions refunds

$_______________

Use paragraph (g)(1) field layout

(h)(7)

Administrative expense

$_______________

Use paragraph (g)(1) field layout

(h)(8)

Other

$_______________

Use paragraph (g)(1) field layout

(h)(9)

Net change in plan fiduciary net position

$_______________

Use paragraph (g)(1) field layout

(h)(10)

Plan fiduciary net position ‒ beginning of year

$_______________

Use paragraph (g)(1) field layout

(h)(11)

Plan fiduciary net position – ending of year

$_______________

Use paragraph (g)(1) field layout

(i)

Net pension liability/(asset) [paragraph (g)(10) minus (h)(11)]

$_______________

Use paragraph (g)(1) field layout

Section 112.664(1)(b), F.S.

(descriptive separator, not part of the electronic file)

(j)

Total pension liability:

Place responses in paragraphs (j)(1)-(10)

Leave blank

(j)(1)

Service cost

$______________

Use paragraph (g)(1) field layout

(j)(2)

Interest

$______________

Use paragraph (g)(1) field layout

(j)(3)

Benefit changes

$______________

Use paragraph (g)(1) field layout

(j)(4)

Difference between expected and actual experience

$______________

Use paragraph (g)(1) field layout

(j)(5)

Changes in assumptions

$______________

Use paragraph (g)(1) field layout

(j)(6)

Benefit payments

$______________

Use paragraph (g)(1) field layout

(j)(7)

Contribution refunds

$______________

Use paragraph (g)(1) field layout

(j)(8)

Net change in total pension liability

$______________

Use paragraph (g)(1) field layout

(j)(9)

Total pension liability – beginning of year

$______________

Use paragraph (g)(1) field layout

(j)(10)

Total pension liability – ending of year

$______________

Use paragraph (g)(1) field layout

(k)

Plan fiduciary net position:

Place responses in paragraphs (k)(1)-(11)

Leave blank

(k)(1)

Contributions – Employer

$______________

Use paragraph(g)(1) field layout

(k)(2)

Contributions – State

$______________

Use paragraph (g)(1) field layout

(k)(3)

Contributions – Member

$______________

Use paragraph (g)(1) field layout

(k)(4)

Net investment income

$______________

Use paragraph (g)(1) field layout

(k)(5)

Benefit payments

$______________

Use paragraph (g)(1) field layout

(k)(6)

Contributions refunds

$______________

Use paragraph (g)(1) field layout

(k)(7)

Administrative expense

$______________

Use paragraph (g)(1) field layout

(k)(8)

Other

$______________

Use paragraph (g)(1) field layout

(k)(9)

Net change in plan fiduciary net position

$______________

Use paragraph (g)(1) field layout

(k)(10)

Plan fiduciary net position ‒ beginning of year

$______________

Use paragraph (g)(1) field layout

(k)(11)

Plan fiduciary net position – ending of year

$______________

Use paragraph (g)(1) field layout

(l)

Net pension liability/(asset) [paragraph (j)(10) minus (k)(11)]

$______________

Use paragraph (g)(1) field layout

Section 112.664(1)(c), F.S. (on last valuation basis)

(descriptive separator, not part of the electronic file)

(m)

Number of Years, and fractional parts of Years, for which the Market Value of Assets are adequate to sustain expected retirement benefits

v6 using xxx.xx format

Section 112.664(1)(c), F.S.

(on Section 112.664(1)(a), F.S. basis)

(descriptive separator, not part of the electronic file)

(n)

Number of Years, and fractional parts of Years, for which the Market Value of Assets are adequate to sustain expected retirement benefits

v6 using xxx.xx format

Section 112.664(1)(c), F.S.

(on Section 112.664(1)(b), F.S. basis)

(descriptive separator, not part of the electronic file)

(o)

Number of Years, and fractional parts of Years, for which the Market Value of Assets are adequate to sustain expected retirement benefits

v6 using xxx.xx format

Section 112.664(1)(d), F.S.

(on last valuation basis)

(descriptive separator, not part of the electronic file)

(p)

Recommended Plan contributions in Annual Dollar Value

$______________

Use (g)(1) field layout

(q)

Recommended Plan contributions as a Percentage of Valuation Payroll

v6 using xxx.xx format

Section 112.664(1)(d), F.S.

(on Section 112.664(1)(a), F.S. basis)

(descriptive separator, not part of the electronic file)

(r)

Recommended Plan contributions in Annual Dollar Value

$______________

Use paragraph (g)(1) field layout

(s)

Recommended Plan contributions as a Percentage of Valuation Payroll

v6 using xxx.xx format

Section 112.664(1)(d), F.S.

(on Section 112.664(1)(b), F.S. basis)

(descriptive separator, not part of the electronic file)

(t)

Recommended Plan contributions in Annual Dollar Value

$______________

Use paragraph (g)(1) field layout

(u)

Recommended Plan contributions as a Percentage of Valuation Payroll

v6 using xxx.xx format

(3) A complete electronic copy of the plan’s Annual Financial Statements in compliance with the requirements in Sections 112.664(1)(a) and (b), F.S., submitted in a portable document format (PDF).

(a) The generational mortality used by Pension Plans when submitting under Section 112.664(1)(a), F.S., will reflect the mortality improvement before and after the measurement date in the following format:

Total pension liability:

a. Service cost $________________

b. Interest $________________

c. Benefit changes $________________

d. Difference between expected and actual experience $________________

e. Changes in assumptions $________________

f. Benefit payments $________________

g. Contribution refunds $________________

h. Net change in total pension liability $________________

i. Total pension liability – beginning $________________

j. Total pension liability – ending $________________

Plan fiduciary net position:

a. Contributions – Employer $________________

b. Contributions – State $________________

c. Contributions – Member $________________

d. Net investment income $________________

e. Benefit payments $________________

f. Contributions refunds $________________

g. Administrative expense $________________

h. Other $________________

i. Net change in plan fiduciary net position $________________

j. Plan fiduciary net position – beginning $________________

k. Plan fiduciary net position – ending $________________

Net pension liability/(asset) [subp-subparagraph (3)(a)1.j. minus (3)(a)2.k.] $________________

(b) Administrators of Pension plans complying with the reporting requirements in paragraph (3)(a) above, will additionally provide disclosure under Section 112.664(1)(b), F.S., in the following format:

Total pension liability:

a. Service cost $________________

b. Interest $________________

c. Benefit changes $________________

d. Difference between expected and actual experience $________________

e. Changes in assumptions $________________

f. Benefit payments $________________

g. Contribution refunds $________________

h. Net change in total pension liability $________________

i. Total pension liability – beginning $________________

j. Total pension liability – ending $________________

Plan fiduciary net position:

a. Contributions – Employer $________________

b. Contributions – State $________________

c. Contributions – Member $________________

d. Net investment income $________________

e. Benefit payments $________________

f. Contributions refunds $________________

g. Administrative expense $________________

h. Other $________________

i. Net change in plan fiduciary net position $________________

j. Plan fiduciary net position – beginning $________________

k. Plan fiduciary net position – ending $________________

Net pension liability/(asset) sub-subpararaphs (3)(b)1.j. – (3)(b)2.k.] $________________

(4) Each plan is required to disclose the number of months or years for which the current market value of assets will sustain the payment of expected retirement benefits, based on the results in the plan’s latest actuarial valuation, and under the conditions specified in subsection (3), above. This must be calculated by preparing a month-by-month projection of the market value of assets, credited with the long-term expected rate of return on investments, reduced by assumed benefit payments. The number of months or years the projected benefits are sustained would then be reported. All demographic and economic assumptions in the valuation are to be used in this calculation. This calculation will be prepared using information provided in the plan’s latest valuation, and then repeated twice more, varying the mortality table and long-term expected rate of return on investments/discount rate. The Annual Financial Statements must contain a table in the following format calculating the number of years, and fractional parts of years, for which current market value of assets are adequate to sustain the payment of expected retirement benefits:

Add: Month/Year Market value of assets Investment return Subtract: Projected benefit payments.

(5) Each plan is required to disclose the recommended contributions to the plan, stated as an annual dollar value and as a percentage of valuation payroll, based on the results in the plan’s latest actuarial valuation, and under the conditions specified in subsections (3) and (4), above.

(6) No additional charts or graphs are prescribed by the Department for compliance with Section 112.664(2)(b)3., F.S.

(7) If the plan’s actuarial valuation report is revised and reissued subsequent to the release of the Annual Financial Statements, all the updated actuarial disclosure items identified in this section must be updated and electronically transmitted to the Department within 60 days of receipt of the revised report from the plan actuary. The Annual Financial Statements will not be required to be reissued and resubmitted to the Department.

History

Rulemaking Authority 112.665 FS. Law Implemented 112.664 FS. History–New 4-29-15.

Fla. Admin. Code R. 60T-1.004 Actuarial Impact Statements

(1) Regardless of funding source, no unit of local government shall agree to a proposed change in the retirement benefits or liabilities of a local system subsequent to October 1, 1980, unless the administrator of the system, prior to adoption of the change by the governing body, has issued a statement of actuarial impact of the proposed change upon the local retirement system prior to the last public hearing thereon and has furnished a copy of such statement to the Division. Also, such statement shall incorporate by reference and have attached a copy of the proposed ordinance, amendment, resolution, collective bargaining agreement, insurance contract, or other legal instrument necessary to implement the proposed change to the retirement system. The adoption of a new plan shall require submission of an impact statement.

(2) The statement of actuarial impact may be based upon an actuarial valuation that has been prepared within 12 months of the proposed effective date for the amendments. The statement may be prepared by either the plan administrator or an enrolled actuary. The plan administrator shall transmit such statement to the Division along with his/her statement that the prepared information reflects the estimated costs of the proposed amendment(s).

(3) The statement of actuarial impact required by Section 112.63(3), F.S., should be in the form of a certification signed and dated by the plan administrator and contain the following information:

(a) A description of the proposed amendment and a statement that the actuary was provided the information necessary to evaluate the proposed amendment;

(b) An estimate of the cost of implementing the amendment, signed and dated by an enrolled actuary, which discloses, at a minimum, sufficient information on both the before and after amendment basis, so that another actuary, unfamiliar with the situation, would be able to appraise the estimate. If any actuarial assumptions, techniques or methods are also changed, additional information disclosing the effect of such actuarial changes must be provided;

(c) A statement indicating whether the proposed change is in compliance with Part VII, Chapter 112, F.S., and Section 14, Article X of the State Constitution.

(4) Actuarial impact statements supporting benefit changes shall provide for contribution and contribution rate changes to be effective as follows:

(a) For prospective or retroactive increases in the benefit formula of active or inactive employees – not later than the first day of the fiscal year next following the enactment date of the legal instrument providing the benefit increase.

(b) For retroactive retiree benefit increases required by litigation or federal or state regulations – not later than the first day of the fiscal year next following the effective date of the order or the regulation.

(c) For retroactive retiree benefit increases not required by litigation or federal or state regulation – not later than the first day of the fiscal year next following the enactment date of the legal instrument providing the benefit increase. A lump sum payment shall be required to fund the retroactive portion of the contribution increase from the effective date of such increase to the date of the contribution rate change and shall also be paid no later than the first day of the fiscal year next following such enactment date.

History

Rulemaking Authority 112.665(1) FS. Law Implemented 112.61, 112.63(3), (4) FS. History–New 5-6-81, Amended 8-15-84, Formerly 22D-1.04, Amended 11-14-91, Formerly 22D-1.004, Amended 8-4-94.

Fla. Admin. Code R. 60T-1.005 Review of Actuarial Reports and Actuarial Impact Statements

History

Rulemaking Authority 112.665(1)(e) FS. Law Implemented 112.63 FS. History–New 5-6-81, Formerly 22D-1.05, 22D-1.005, Repealed 7-13-09.

Fla. Admin. Code R. 60T-1.006 Defined Contribution Plans

(1) Each plan sponsor of a local retirement system or plan defined as other than those requiring actuarial reports shall provide, on an annual basis, that information necessary to gather, catalog and maintain complete information to the Division.

(2) The disclosure of information may be prepared as of the plan anniversary date or as of the plan sponsor’s fiscal year ending date and shall minimally contain the following:

(a) Plan Description (initial report only)

Contribution formula

a. Plan sponsor

b. Member

Vesting schedule
Normal retirement date
Member eligibility
Beginning date of plan year – annually
Plan sponsor
Plan administrator
A copy of the Internal Revenue Service letter approving the plan as tax qualified, and all changes thereto. The specific Internal Revenue Code sections under which the plan operates.
Copy of plan document, ordinances, contracts and any enactment or other legal statement regarding funding and administration.

(b) Source of funds

Plan sponsor
Members
Other

(c) A statement describing each change and/or amendment, if any, to the plan, since the last report, including a copy of all applicable legal instruments and IRS approval letters.

(d) A signed and dated statement of the plan administrator verifying the completeness and accuracy of the report, including a statement that there has been no change since the last report, if applicable.

History

Rulemaking Authority 112.665(1) FS. Law Implemented 112.665 FS. History–New 8-15-84, Formerly 22D-1.06, 22D-1.006, Amended 2-23-95.

Fla. Admin. Code R. 60T-1.007 Funding

(1) Employee contributions shall be deposited into the retirement system or plan not less frequently than monthly.

(2) Employer contributions shall be deposited into the retirement system or plan not less frequently than quarterly.

(3) Any payment for retroactive contribution rate increases shall be deposited into the retirement system or plan on or before the date such payment is due.

(4) Any revenues received from any source by an employer for allocation to a retirement system or plan shall be deposited into such system or plan not later than 30 days from receipt by the employer.

(5) Administrative expenses, annual funding costs, and contribution rate increases shall be funded in accordance with subsections 60T-1.003(8) through (10), and 60T-1.004(4), F.A.C.

History

Rulemaking Authority 112.665(1) FS. Law Implemented 112.61, 112.64 FS. History–New 11-14-91, Formerly 22D-1.007.

Fla. Admin. Code R. 60T-1.008 Biennial Report of Decision-Making in Voting and Adherence to Fiduciary Standards

(1) By December 15 of each odd-numbered year, each Local Retirement System or Plan shall submit a

comprehensive report to the Division which shall include:

a. A detailed description of the Local Retirement System or Plan’s governance policies concerning decision-making in vote decisions; and

b. A review of adherence to the fiduciary standards required in section 112.662, F.S., including the exercise of shareholder rights, since the previous comprehensive report submission.

(2) The comprehensive report shall be saved in a portable document format (.pdf) file and submitted electronically via the Division’s online web portal https://frs.fl.gov/#/local-retirement/comprehensive-report created for this purpose. At the time of submission of the report, the Local Retirement System or Plan shall indicate if it has complied with all the requirements set forth in section 112.662, F.S.

History

Rulemaking Authority 112.662 FS. Law Implemented 112.662 FS. History–New 12-25-23.

Division 60U Division of Retirement - Optional Retirement Program

Chapter 60U-1 OPTIONAL RETIREMENT PROGRAM PARTICIPATION

Fla. Admin. Code R. 60U-1.001 Scope and Purpose

History

Rulemaking Authority 121.031 FS. Law Implemented 121.35 FS. History–New 9-5-84, Formerly 22U-1.01, Amended 12-27-89, 9-8-92, Formerly 22U-1.001, Amended 10-20-93, 1-25-94, Repealed 1-19-16.

Fla. Admin. Code R. 60U-1.002 Statements of Policy

History

Rulemaking Authority 121.031 FS. Law Implemented 121.35 FS. History–New 9-5-84, Formerly 22U-1.02, 22U-1.002, Amended 10-20-93, Repealed 1-19-16.

Fla. Admin. Code R. 60U-1.003 Preservation of Rights

History

Rulemaking Authority 121.031 FS. Law Implemented 121.35 FS. History–New 9-5-84, Formerly 22U-1.03, 22U-1.003, Amended 10-20-93, Repealed 2-23-16.

Fla. Admin. Code R. 60U-1.004 Participation

History

Rulemaking Authority 121.031 FS. Law Implemented 121.35, 121.051 FS. History–New 2-28-84, Formerly 22U-1.04, Amended 3-11-87, 2-7-89, 9-5-90, Formerly 22U-1.004, Amended 3-18-93, 10-20-93, 2-24-99, Repealed 2-23-16.

Fla. Admin. Code R. 60U-1.005 Designation of Eligibility of Administrative and Professional Positions

History

Rulemaking Authority 121.031 FS. Law Implemented 121.35 FS. History–New 2-28-84, Formerly 22U-1.05, Amended 3-11-87, 2-7-89, 11-14-91, Formerly 22U-1.005, Amended 3-18-93, 10-20-93, Repealed 2-23-16.

Fla. Admin. Code R. 60U-1.006 Approved Forms

History

Rulemaking Authority 121.031 FS. Law Implemented 121.051(1)(a), 121.35 FS. History–New 2-28-84, Amended 9-5-84, Formerly 22U-1.06, Amended 12-5-90, Formerly 22U-1.006, Amended 1-4-93, 10-20-93, 1-10-95, 5-14-95, 9-18-96, 10-14-98, 1-24-00, 12-19-00, 9-18-07, 5-22-08, Repealed 2-23-16.

Fla. Admin. Code R. 60U-1.007 Dual Employment

History

Rulemaking Authority 121.031 FS. Law Implemented 121.052, 121.35 FS. History–New 11-14-91, Formerly 22U-1.007, Repealed 2-23-16.

Fla. Admin. Code R. 60U-1.011 Definitions

The acronyms, titles, words, and phrases in this chapter shall be construed according to their plain meaning, in light of the context and subject matter, unless expressly defined otherwise in this rule, this chapter, or in Chapter 121, F.S. Titles, words, and phrases so expressly defined may be initially capitalized for convenient reference and for notice purposes only.

(1) FRS – Florida Retirement System.

(2) Mandatory Participant ‒ One who must become a Participant due to appointment to positions listed in Section 121.051(1)(a)2., F.S.

(3) Participant – A successful enrollee in the SUSORP.

(4) Provider Company – A business designated by the division from which a Participant may choose to purchase investment products under the SUSORP.

(5) SUSORP – State University System Optional Retirement Program.

(6) SUSORP Election Window – The period beginning the date a person becomes an Employee of the State University System who as a result is eligible or required to be a Participant, and the earlier of:

(a) 90 days thereafter;

(b) The person becoming a Participant; or

History

Rulemaking Authority 121.031, 121.35 FS. Law Implemented 121.35 FS. History‒New 2-23-16.

Fla. Admin. Code R. 60U-1.012 Program Administration

The forms referenced in this rule are required by the division to administer the SUSORP and are available from the division’s website at www.frs.myflorida.com; by calling the division toll free (877)378-7677 or in the Tallahassee local calling area at (850)778-4696; or, if hearing or speech impaired, by calling the division via T.D.D. at Florida Relay System by dialing 711 or (800)955-8771. Upon receipt of a form required under this rule from an Employee, the Employer shall complete its portion of the form and submit the completed form to the division.

(1) Program Enrollment.

(a) In order to elect to become either a Participant or a Member, an Employee, upon becoming employed in a position listed in Section 121.35(2)(a), F.S., that is not listed in Section 121.051(1)(a)2., F.S., must complete Form ORP-ENROLL-1, “State University System Optional Retirement Program (SUSORP) Retirement Plan Enrollment,” effective November 2015 and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-06117, which is incorporated by reference, and must submit this form to his or her EMPLOYER during the SUSORP Election Window.

(b) A Mandatory Participant shall not have the option of membership in the FRS, notwithstanding any prior membership in the FRS. A Mandatory Participant’s enrollment in the SUSORP is effective the first day of eligible employment. A Mandatory Participant shall, during the SUSORP Election Window, file Form ORP-MAND-1, “State University System Optional Retirement Program (SUSORP) Mandatory Participation Form,” effective November 2015 and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-06116, which is incorporated by reference, with his or her Employer. Contributions will continue to be held in suspense without earning interest or incurring losses until such time as the Participant completes the required forms.

(2) Contribution Reallocations and Transfers.

(a) In order to redirect future Employer contributions, required Employee contributions, and voluntary Employee contributions to one or more Provider Companies at a time, the Participant must complete Form ORP-CHANGE-1, “State University System Optional Retirement Program (SUSORP) Change Form,” effective November 2015 and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-06118, which is incorporated by reference, and submit it to his or her Employer.

(b) After the contributions forwarded from the SUSORP Trust Fund are deposited with the designated Provider Companies, Participants shall use forms from the Provider Companies to transfer funds between investment products with the same Provider Company and between Provider Companies.

(c) Pursuant to Section 121.35(3), F.S., a Participant who became a Participant between July 1, 1984, through December 31, 1992, shall submit Form ORP-2A, “State University Optional Retirement Program (SUSORP) Retirement Conversion Form,” effective November 2015 and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-06231, which is incorporated by reference, in order to transfer a sum representing the present value of the accumulated benefit obligation under the Florida Retirement System Pension Plan to the SUSORP.

(3) Program Distributions.

(a) The Participant shall notify the division and the Provider Companies of the date to begin receiving a benefit in accordance with Section 121.35(5), F.S. The Provider Companies must have approval from the division before making the initial distribution to the Participant. Benefits may be deferred until such time as the Participant chooses to make such application. Such distribution is initiated by the Participant completing and submitting to the Employer Form ORP-RETIRE-1, “State University System Optional Retirement Program (SUSORP) Application for Retirement and Retirement Distribution,” effective November 2015 and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-06119, which is incorporated by reference, and any forms required by the Provider Company.

(b) Effective July 1, 2012, if a Participant has terminated employment from all Employers for one calendar month and has reached the Normal Retirement Date, the Participant may request a one-time distribution of up to 10 percent (10%) of the account balance. For example, if a Participant terminates employment on May 15, the one calendar month is June. Therefore, the Participant may request a one-time distribution of up to 10% in July.

(c) A Participant who is age 70 ½ or older may not receive a required minimum distribution per Section 121.35(5)(b), F.S., unless the Participant has terminated employment with all Employers. In order to begin receiving a required minimum distribution, the Participant must notify the division by completing and submitting, to the most recent Florida Retirement System partcipating Employer with which the Participant was employed, Form ORP-RMD-1, “State University System Optional Retirement Program (SUSORP) Application for Required Minimum Distribution Authorization,” effective November 2015 and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-06121, which is incorporated by reference. The Provider Companies must have approval from the division before making a required minimum distribution to the Participant.

(4) Refund of Voluntary Employee Contributions.

(a) The Participant must be terminated from employment with all Employers for three calendar months to be eligible to receive a refund of voluntary Employee contributions.

(b) The Participant shall notify the division and the Provider Companies of the date and under what provisions the voluntary Employee contributed portion of the account are to be received. The Participant shall submit Form ORP-REFUND-1, “State University System Optional Retirement Program (SUSORP) Application for Refund of Voluntary Employee Contributions Only,” effective November 2015 and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-06120, which is incorporated by reference, to the Employer to initiate a refund of voluntary employee contributions. The Provider Companies must have approval from the division before refunding the voluntary Employee contributions to the Participant.

History

Rulemaking Authority 121.031, 121.35 FS. Law Implemented 121.031, 121.35 FS. History‒New 2-23-16.

Fla. Admin. Code R. 60U-1.013 Program Administrative Costs

The following amounts will be retained from the Employer contributions to pay for program administrative costs:

Dates Rates

July 1, 1984 through September 30, 1984 0.17%

October 1, 1984 through June 30, 1985 0.53%

July 1, 1985 through June 30, 1988 0.10%

Effective July 1, 1988 0.01%

History

Rulemaking Authority 121.031 FS. Law Implemented 121.35(4)(a)5. FS. History‒New 2-23-16.

Chapter 60U-2 OPTIONAL RETIREMENT PROGRAM CONTRIBUTIONS

Fla. Admin. Code R. 60U-2.001 Scope and Purpose

History

Rulemaking Authority 121.031 FS. Law Implemented 121.35(4) FS. History–New 9-5-84, Formerly 22U-2.01, Amended 9-8-92, Formerly 22U-2.001, Repealed 1-19-16.

Fla. Admin. Code R. 60U-2.002 Statements of Policy

History

Rulemaking Authority 121.031 FS. Law Implemented 121.35(4) FS. History–New 9-5-84, Formerly 22U-2.02, Amended 12-27-89, 11-14-91, Formerly 22U-2.002, Amended 10-13-93, Repealed 1-19-16.

Fla. Admin. Code R. 60U-2.003 Contributions and Provider Company Designation

History

Rulemaking Authority 112.363(7), 121.031 FS. Law Implemented 112.363, 121.35(4) FS. History–New 9-5-84, Formerly 22U-2.03, Amended 2-4-86, 3-11-87, 5-18-88, 2-7-89, 12-27-89, 9-5-90, 5-15-91, 11-14-91, Formerly 22U-2.003, Amended 10-13-93, 3-12-96, 12-12-96, 2-24-99, Repealed 2-23-16.

Chapter 60U-3 OPTIONAL RETIREMENT PROGRAM BENEFITS

Fla. Admin. Code R. 60U-3.001 Scope and Purpose

History

Rulemaking Authority 121.031 FS. Law Implemented 121.35 FS. History–New 9-5-84, Formerly 22U-3.01, Amended 9-8-92, Formerly 22U-3.001, Repealed 1-19-16.

Fla. Admin. Code R. 60U-3.002 Statements of Policy

History

Rulemaking Authority 112.363(7), 121.031 FS. Law Implemented 112.363, 121.35(5) FS. History–New 9-5-84, Formerly 22U-3.02, Amended 5-18-88, 5-15-91, 11-14-91, Formerly 22U-3.002, Amended 10-13-93, Repealed 1-19-16.

Fla. Admin. Code R. 60U-3.003 Employer Funded Benefits

History

Rulemaking Authority 121.031 FS. Law Implemented 121.35(5) FS. History–New 9-5-84, Formerly 22U-3.03, Amended 11-14-91, Formerly 22U-3.003, Amended 10-13-93, Repealed 2-23-16.

Fla. Admin. Code R. 60U-3.004 Employee Funded Benefits

History

Rulemaking Authority 121.031 FS. Law Implemented 121.35(5) FS. History–New 9-5-84, Formerly 22U-3.04, 22U-3.004, Amended 10-13-93, Repealed 2-23-16.

Fla. Admin. Code R. 60U-3.005 Forfeiture of Benefits

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(5) FS. History–New 4-5-95, Amended 2-24-99, Repealed 2-23-16.

Chapter 60U-4 OPTIONAL RETIREMENT PROGRAM ADMINISTRATION

Fla. Admin. Code R. 60U-4.001 Scope and Purpose

History

Rulemaking Authority 121.031 FS. Law Implemented 121.35(6) FS. History–New 9-5-84, Formerly 22U-4.01, Amended 9-8-92, Formerly 22U-4.001, Repealed 1-19-16.

Fla. Admin. Code R. 60U-4.002 Statements of Policy

History

Rulemaking Authority 121.031 FS. Law Implemented 121.35 FS. History–New 9-5-84, Formerly 22U-4.02, Amended 3-11-87, 12-27-89, Formerly 22U-4.002, Amended 10-13-93, 10-11-94, 4-5-95, 2-24-99, Repealed 1-19-16.

Fla. Admin. Code R. 60X-1.001 Voluntary Termination of Social Security Coverage

History

Rulemaking Authority 650.07 FS. Law Implemented 650.03 FS. History–New 9-29-76, Amended 7-1-79, 11-6-84, Formerly 22C-1.01, 22C-1.001, Repealed 10-24-11.

Fla. Admin. Code R. 60X-2.001 Statement of Policy

History

Rulemaking Authority 121.031, 650.07 FS. Law Implemented 650.07 FS., Section 209, Social Security Act. History–New 9-9-79, Amended 9-9-82, Formerly 22C-2.01, 22C-2.001, Repealed 10-24-11.

Fla. Admin. Code R. 60X-2.0015 Social Security Taxes Excluded During First Six Months

History

Rulemaking Authority 121.031, 650.07 FS. Law Implemented 650.07 FS., Section 209, Social Security Act. History–New 9-9-82, Formerly 22C-2.015, 22C-2.0015, Repealed 10-24-11.

Fla. Admin. Code R. 60X-2.0016 Social Security Taxes Excluded First Six Months

History

Rulemaking Authority 121.031, 650.07 FS. Law Implemented 650.07 FS., Section 209, Social Security Act. History–New 9-9-82, Formerly 22C-2.016, 22C-2.0016, Repealed 10-24-11.

Fla. Admin. Code R. 60X-2.002 Required Constitutional or Statutory Authority

History

Rulemaking Authority 121.031, 650.07 FS. Law Implemented 650.07 FS., Section 209, Social Security Act. History–New 9-9-79, Amended 8-26-81, 9-9-82, Formerly 22C-2.02, 22C-2.002, Repealed 10-24-11.

Fla. Admin. Code R. 60X-2.0031 Method and Authority by Which Payments May Be Excluded From Wages Subject to Social Security

History

Rulemaking Authority 121.031, 650.07 FS. Law Implemented 650.07 FS., Section 209, Social Security Act. History–New 9-9-82, Formerly 22C-2.031, 22C-2.0031, Repealed 10-24-11.

Fla. Admin. Code R. 60X-2.004 Procedures for Approving Sick Pay Plans or Payments

History

Rulemaking Authority 121.031, 650.07 FS. Law Implemented 650.07 FS., Section 209, Social Security Act. History–New 9-9-79, Amended 9-9-82, Formerly 22C-2.04, 22C-2.004, Repealed 10-24-11.

Division 60P Division of State Group Insurance

Chapter 60P-1 STATE GROUP INSURANCE PROGRAM

Fla. Admin. Code R. 60P-1.0015 Executive Offices and Telephone Number

History

Rulemaking Authority 120.53(1)(a) FS. Law Implemented 110.123 FS. History–New 8-22-96, Repromulgated 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-1.003 Definitions

For the purpose of administering the State Group Insurance Program, the following words and terms shall have the meaning indicated:

(1) “Administrator” means the Department of Management Services, hereinafter referred to as “Administrator” or “Department.”

(2) “Appeal” means the filing of a petition pursuant to Rule 60P-1.004, F.A.C, and the proceeding that results from such filing.

(3) “Cancellation” means the loss of coverage, with a right of reinstatement, caused by a failure to pay the required premiums for two consecutive months.

(4) “Continuation coverage” means coverage that is identical to the coverage provided under the Health Program to active employees which must be offered to qualifying employees and dependents in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA).

(5) “Conversion plan” means a standard policy as is issued by the servicing agent to direct payment subscribers at applicable rates then in effect. An insured shall have the right to apply directly to the servicing agent in writing within thirty-one (31) days of the termination date of coverage under the Program.

(6) “Coverage” means the provision of plan benefits to a subscriber and eligible dependents.

(7) “Eligible children” shall mean the subscriber’s own children, legally adopted children or children placed in the subscriber’s home for the purpose of adoption in accordance with Chapter 63, F.S., stepchildren for whom the employee or retiree is financially responsible, or any other children for whom the subscriber has established legal guardianship in accordance with Chapter 744, F.S., foster children, or any other unmarried children for whom the subscriber has been granted court-ordered temporary or other custody. Such children are eligible for coverage as follows:

(a) From their date of birth to the end of the month in which their nineteenth (19th) birthday occurs;

(b) From their nineteenth (19th) birthday to the end of the calendar year in which their twenty-fifth (25th) birthday occurs, if they are dependent upon the subscriber for support and are either living with the subscriber or enrolled in any school, college or university which provides training or educational activities, and which is certified or licensed by a state or foreign country.

(c) Such children who are mentally or physically disabled shall be eligible to continue coverage after attainment of the above age limits and while the subscriber’s family coverage is in effect provided such children are incapable of self-sustaining employment by reason of such mental or physical disability and chiefly dependent upon the subscriber for support and maintenance.

(d) Such children who are over the above age limits at the time of the subscriber’s enrollment in the Program, and who are mentally or physically disabled, shall be eligible for coverage if they are incapable of self-sustaining employment by reason of such mental or physical disability and chiefly dependent upon the employee or retiree for support and maintenance.

(8) “Eligible dependents” shall mean the following:

(a) The wife or husband of the employee or retiree and any eligible children.

(b) The eligible children of a surviving spouse.

(c) The newborn child of an eligible child from the date of birth until the end of the month the child attains eighteen (18) months of age.

(d) Children of law enforcement, probation, or correctional officers who were killed in the line of duty and who are attending a college or university beyond their eighteenth (18th) birthday.

(9) “Employee contribution” means that portion of the total premium required by the subscriber to keep the insurance in force.

(10) “Family coverage” means the provision of Plan benefits under a single plan for a subscriber and one or more of his or her eligible dependents.

(11) “Financially responsible” shall mean the degree of financial support sufficient to claim the eligible dependent as an exemption on the subscriber’s Federal income tax return.

(12) “Health maintenance organization (HMO) Region” is a county or designated geographical area composed of a county or contiguous counties within which an HMO is authorized by contract with the Department to provide covered services to Subscribers. The Department has established the designated geographical areas for use in procurements of HMO services as set forth below:

(a) Region 1 consists of Bay, Calhoun, Escambia, Gulf, Holmes, Jackson, Okaloosa, Santa Rosa, Walton, and Washington Counties.

(b) Region 2 consists of Franklin, Gadsden, Jefferson, Leon, Liberty, Madison, Taylor, and Wakulla Counties.

(c) Region 3 consists of Alachua, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Lafayette, Levy, Marion, Suwannee, and Union Counties.

(d) Region 4 consists of Baker, Clay, Duval, Flagler, Nassau, Putnam, St. Johns, and Volusia Counties.

(e) Region 5 consists of Brevard, Indian River, Lake, Orange, Osceola, and Seminole Counties.

(f) Region 6 consists of Citrus, DeSoto, Hardee, Hernando, Highlands, Hillsborough, Manatee, Pasco, Pinellas, Polk, Sarasota, and Sumter Counties.

(g) Region 7 consists of Martin, Okeechobee, Palm Beach, and St. Lucie Counties.

(h) Region 8 consists of Charlotte, Collier, Glades, Hendry, and Lee Counties.

(i) Region 9 consists of Broward, Miami-Dade, and Monroe Counties.

(13) “Health Program” means the insurance plans offered to eligible subscribers.

(14) “Individual coverage” means the provision of plan benefits for the subscriber only.

(15) “Initial eligibility period” means the sixty (60) day period beginning on the date a person first becomes employed by the state.

(16) “Open enrollment period” means a period designated by the Department during which time eligible persons may enroll or make changes in the Health Program.

(17) “Qualifying status change (QSC) event” or “QSC event” means the change in employment status, for subscriber or spouse, family status or significant change in health coverage of the employee or spouse attributable to the spouse’s employment.

(18) “Servicing agent” means an insurance carrier or professional administrator selected by competitive bid, or request for proposal process and contracted by the Department to process and pay health insurance claims for subscribers and eligible dependents insured under the Health Program and to provide other specific services required by the Department.

(19) “State contribution” means that portion of the total premium appropriated by law.

(20) “Subscriber” means the employee, retiree, surviving spouse, terminated employee or individual with continuation coverage participating in the State Group Insurance Program.

(21) “Suspension” means the temporary loss of coverage caused by a failure to pay the required premiums for one month.

(22) “Termination” means the loss of coverage, without a right for reinstatement, caused by a failure to pay the required premiums for three or more consecutive months.

(23) “Total disability” means disability of an employee resulting from disease or injury which completely and continuously prevents the employee from engaging in any and every occupation or business and from performing any and all work for compensation or profit.

(24) “Total premium or full premium” means the total amount equal to the State contribution plus an amount equal to the employee contribution as determined by the Legislature in the General Appropriations Act.

History

Rulemaking Authority 110.123(3)(h)2.d., 110.123(5) FS. Law Implemented 110.123 FS. History–New 11-2-76, Amended 2-3-77, 6-30-77, 7-1-80, Formerly 22K-1.03, Amended 7-16-86, 9-25-86, 4-11-88, Formerly 22K-1.103, Amended 8-22-96, Repromulgated as Amended 1-31-02, Amended 6-2-22, Ratified by Laws of Florida Ch. 2022-160.

Fla. Admin. Code R. 60P-1.004 Appeals

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-22-96, Repromulgated as Amended 1-31-02, Repealed 1-20-16.

Chapter 60P-2 STATE GROUP HEALTH SELF-INSURANCE PLAN

Fla. Admin. Code R. 60P-2.001 Eligibility

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 10-8-79, Amended 10-22-79, 7-1-80, 9-13-82, 8-7-83, Formerly 22K-1.14, Amended 7-16-86, Formerly 22K-1.201, Amended 8-22-96, Repromulgated 1-31-02, Repealed 3-2-17.

Fla. Admin. Code R. 60P-2.002 Eligibility and Enrollment

(1) Eligibility to participate in the Health Program will be in accordance with Section 110.123, F.S.

(2) Eligible dependents may only participate under a family coverage.

(3) The surviving spouse may participate in the Health Program with family coverage if there are eligible children to be covered; otherwise, the surviving spouse may only participate under an individual coverage.

(4) In order to participate in an HMO, the subscriber must reside in the HMO Region; if the subscriber is a state employee, he or she must either reside or work in the HMO Region.

(5) An employee or state officer may apply for enrollment in the Health Program through the employing agency personnel office:

(a) During the first sixty (60) calendar days of state employment or a new term of office;

(b) During open enrollment;

(d) Within thirty-one (31) days of a QSC of an increase in the number of work hours for an employee;

(e) Within thirty-one days prior to termination of employment and before the effective date of retirement.

(6) The employing agency shall request an effective date of coverage for enrollment in the Health Program in accordance with Rule 60P-2.004, F.A.C., and indicate such date on the application along with the following required employee and agency information:

(a) Employee’s name, social security number, birth date, sex, home mailing address, employment status, pay plan, employment date, SAMAS organizational code, I.D. code, and other insurance carriers;

(b) Dependent’s name, social security number, birth date, sex, date dependent was acquired, relationship of dependent, documentation verifying dependent eligibility;

(d) Contains the signature and date of the employee and authorized signature and date of the employing agency certifying eligibility of the employee.

(7) The employee acknowledges that eligibility and enrollment are governed by Section 110.123, F.S.; authorizes the State to reduce salary as often and in amount necessary to continue coverage; authorizes the State to deduct from salary any underpayment of employee contribution or overpayment of claims; acknowledges that premiums may change from time to time; authorizes any licensed physician or medical facility to release medical records of insureds to the health plan; certifies notification of COBRA rights and agrees to notify the Department at the time any dependent becomes ineligible for coverage; and agrees that all statements made on the application are complete and true.

(8) After completion by the employee and employing agency, the employing agency shall enter applicable information into the state insurance computer data base and retain the application.

(9) Upon learning of the death of an insured employee with family coverage, the agency personnel office, by certified mail, will notify the surviving spouse of his or her eligibility to continue coverage under the Health Program. A surviving spouse of a retiree shall be notified by the Department. Such notice shall advise the surviving spouse of the following:

(a) That family coverage may be continued if there are eligible children to be covered; otherwise the spouse may continue participation only under individual coverage;

(b) The amount of the applicable monthly total premium;

(c) That in order to continue coverage the surviving spouse must complete an application in accordance with subsection 60P-2.002(2), F.A.C. The application must be submitted with one month’s total premium to the personnel office of the deceased employee’s agency and forwarded to the Department, or submitted to the Department for a retiree, either within thirty-one (31) calendar days after the end of the month in which the deceased employee died or within thirty-one (31) calendar days after receipt of the notice of eligibility to continue coverage, whichever is later.

(10) In no case shall any subscriber or subscriber’s eligible dependent be covered simultaneously under two coverages within the Group Health Program.

(11) An employee who applies for enrollment and is enrolled in the Health Program shall automatically be enrolled in the Pretax Premium Plan of the Flexible Benefits Program unless the employee submits a signed rejection which shall include the employee’s name, social security number, address, agency and a statement that this decision cannot be changed until the next open enrollment period.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 10-8-78, Amended 5-22-79, 10-22-79, 4-15-80, 7-1-80, 9-13-82, 8-7-83, Formerly 22K-1.15, Amended 7-16-86, 9-25-86, Formerly 22K-1.202, Amended 8-22-96, Repromulgated 1-31-02, Amended 3-2-17, 6-2-22, Ratified by Laws of Florida Ch. 2022-160.

Fla. Admin. Code R. 60P-2.003 Changes in Coverage

(1) An employee enrolled in the Health Program may apply for a change to family coverage or individual coverage within thirty-one (31) calendar days of a QSC event if the change is consistent with the event or during the open enrollment period.

(2) A retiree, surviving spouse or participant with continuation coverage enrolled with family coverage may apply to change to individual coverage at any time, however, those enrolled with individual coverage may apply for a change to family coverage within thirty-one (31) calendar days of the date of acquisition of or loss of other group coverage for any eligible dependent or during the open enrollment period.

(3) A subscriber enrolled with individual coverage may apply for a change to family coverage prior to acquiring any eligible dependent. Since family coverage is effective the first day of any given month, a subscriber who will acquire the eligible dependent and is desirous of having immediate coverage of such dependent must:

(a) Submit an application and pay a full month’s premium prior to the first day of the month in which the dependent will be acquired. Otherwise, coverage cannot be effective on the actual date of acquisition.

(b) A subscriber applying for family coverage under paragraph (3)(a), above, may also add any other eligible dependents.

(4) If a subscriber enrolled with family coverage under an HMO plan is divorced, he or she may transfer such family coverage to the State Self Insurance Plan within thirty-one (31) calendar days after a covered dependent child is moved out of the HMO Region with the individual awarded custody of such child or during the open enrollment period.

(5) An HMO subscriber who no longer resides in the HMO Region; if an employee, no longer resides or works; must change HMO plans or transfer to the State Self Insured Plan.

(6) The employing agency shall request an effective date for the change in accordance with Rules 60P-2.004 and 60P-2.002, F.A.C., and indicate such date on the application.

(7) All applications for coverage changes must be approved by the Department, subject to the following:

(a) The Department shall approve a coverage change if the completed application is submitted to the employing agency within thirty-one (31) calendar days of and is consistent with the QSC event.

(b) Documentation substantiating a QSC event is as follows:

If changing to family coverage, proof of family status change or proof of loss of other group coverage is required.
If changing to individual coverage, proof of family status change or proof of change of employment status is required.
If adding an eligible dependent to family coverage, proof of family status change is required.
If terminating coverage, proof of family status change or proof of employment change is required.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 10-8-78, Amended 10-22-79, 9-13-82, 8-7-83, Formerly 22K-1.16, Amended 7-16-86, 9-25-86, Formerly 22K-1.203, Amended 8-22-96, Repromulgated 1-31-02, Amended 6-2-22, Ratified by Laws of Florida Ch. 2022-160.

Fla. Admin. Code R. 60P-2.0035 Subscriber Change

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-22-96, Repromulgated 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-2.0036 Spouse Program

(1) The spouse program is pretax family health insurance coverage where each employee contributes to the monthly premiums as determined by the annual funding by the Legislature through the General Appropriations Account.

(2) For the purposes of this section, “Designated Agent” means an entity the Department may contract with to provide benefits administration services, but does not include an employee’s agency personnel office or other employees of the employee’s agency, unless so designated in writing by the Division.

(3) Participation in the spouse program is voluntary and available to any married state employee whose spouse is also a state employee. To enroll in the spouse program, married state employees must submit an application completed by both spouses to the Designated Agent within the specified timeframe for one of the following events:

(a) Within thirty-one (31) days of marriage to another state employee in accordance with Rule 60P-2.002 or 60P-2.003, F.A.C.; or

(b) Within sixty (60) days of spouse’s new employment or re-employment with the State of Florida; or

(4) In no case shall a retroactive effective date be assigned. Spouse program benefits begin the first of the month following receipt and approval by the Designated Agent of the application.

(5) Eligibility for and participation in the spouse program and state contributions shall cease, if one of the following disqualifying events occurs:

(a) One or both employees end employment with the state; or

(b) One or both employees go on leave without pay status; or

(d) The death of a spouse.

(6) All state employees participating in the spouse program shall report any above described disqualifying event to the Designated Agent to avoid any underpayment of premiums.

(7) Upon learning of ineligibility, the Designated Agent shall investigate and determine the effective end-date of participation in the spouse program and make the change, regardless of whether or not one or both spouses submitted an application to terminate participation. The effective end-date of participation in the spouse program shall be as of the date of the disqualifying event listed in subsection (5), above.

(8) Unless otherwise directed by the employee, each disqualifying event will result in the following health insurance coverage levels as follows:

(a) If one employee ends employment with the state, the remaining employee’s coverage level will be changed to family coverage level.

(b) If one employee goes on leave without pay status, the remaining employee’s coverage level will be changed to family coverage level.

(c) If the employees divorce, and there are eligible dependents, each remaining employee’s coverage will be determined as set forth under the terms and conditions of the divorce decree.

(d) If the employees divorce, and there are no eligible dependents, each remaining employee will be changed to individual coverage.

(e) If the employees divorce, at no time will family coverage level include a former spouse.

(f) If one spouse dies, and there are eligible dependents, the remaining employee’s coverage level will be family coverage.

(g) If one spouse dies, and there are no eligible dependents, the coverage level of the remaining employee will change to individual coverage.

(9) If participants in the spouse program do not timely notify the designated agent of their disqualifying event, the participants shall be financially liable for medical or prescription drug claims incurred by the participants and their dependents, and any premiums paid by the state during the time the participants and/or their dependents were not eligible.

(10) If an ineligible spouse returns to eligible state employment, the spouse program shall only become effective upon the re-enrollment in the program by both employees in accordance with subsection (3), above.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-22-96, Repromulgated 1-31-02, Amended 10-20-10.

Fla. Admin. Code R. 60P-2.004 Effective Date of Coverage

(1) The effective date of coverage requested by the employing agency for enrollment or changes in coverage in the Health Program by an employee shall always be the first day of a month, subject to the following:

(a) Subject to the requirements of subsections (2), (3), and (4), the requested effective date for new enrollees shall be no later than the first day of the month for which a full month’s premium may be deducted using single deductions based upon the employee’s signature date on the application.

(b) The requested effective date shall be no earlier than the first day of the month following the employee’s signature date; however, in no case shall such effective date be prior to or on the employee’s employment date.

(2) The coverage of an employee applying for enrollment during his or her initial enrollment period shall become effective as follows:

(a) If the employee’s agency personnel office enters the application information as required in subsection 60P-2.002(8), F.A.C., into the state insurance computer system data base prior to the requested effective date, coverage shall be effective on the date requested.

(b) If the employee’s agency personnel office does not enter the application information as required in subsection 60P-2.002(7), F.A.C., into the state insurance computer system data base, coverage shall be effective on the date requested provided the Department receives the completed application prior to the requested effective date. If the application is received by the Department after the requested effective date, coverage shall be effective on the first day of the month following the date the application is received. However, if the proper full month’s premium is received by the Department prior to the requested effective date, coverage shall become effective on the date requested, even though the application may not be received until after such date.

(3) Coverage changes shall be effective as follows:

(a) If the completed application for a family to individual coverage change is received by the Department before the requested effective date, but after a designated monthly payroll due date, such change shall be effective on the date requested.

(b) If the completed application for an individual to family coverage change is received by the Department after the designated monthly payroll due date but before the requested date of coverage, such change shall be effective on the date requested provided the employee’s personal check or money order for the additional employee contribution not payroll deducted is received by the Department prior to the requested effective date. If the completed application is received after the requested effective date, the coverage change shall be effective the first of the month following the date such application and additional employee contribution are received.

(4) The effective date of coverage for an eligible dependent acquired while family coverage is in effect shall be the date such dependent is acquired.

(5) Changes in coverage requested by a retiree or surviving spouse shall become effective the first day of the month following receipt of a written request for such changes by the Department.

(6) The effective date of all enrollments and or changes made during the open enrollment period shall be designated by the Department.

(7) The effective date of coverage for an employee enrolling due to a pending retirement application shall be no later than the retirement date.

(8) The effective date of coverage for enrollment or changes will be determined by the Department if an error or omission occurs by the employee’s agency personnel office.

(9) Receipt of direct payment, endorsement, or deposit of premium by the Department or its agent does not provide coverage if after receipt of the payment, its endorsement, or deposit, the Department or its agent determines that the employee, retiree, or COBRA participant or dependent is not eligible to participate in the State Group Health Program. Upon determination of ineligibility, including failure to make timely payments, the premium received shall be fully reimbursed.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 10-8-78, Amended 10-22-79, 7-1-80, 9-13-82, 8-7-83, Formerly 22K-1.17, Amended 7-16-86, 9-25-86, Formerly 22K-1.204, Amended 8-22-96, Repromulgated 1-31-02, Amended 3-16-05, 3-2-17.

Fla. Admin. Code R. 60P-2.005 Other Changes in Information

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 10-8-78, Amended 10-11-79, 7-1-80, 9-13-82, 8-7-83, Formerly 22K-1.18, Amended 7-16-86, Formerly 22K-1.205, Amended 8-22-96, Repromulgated 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-2.006 Contributions, Underpayments of Contributions, and Overpayments of Contributions

(1) Employee contributions.

(a) Employee contributions are due in advance of each month of coverage and shall be paid as follows:

The initial month’s employee contribution shall be paid by personal check, money order or payroll deduction; however, the initial month’s premium for surviving spouses or retirees shall only be paid by personal checks or money orders. If the employee contribution is not received by the Department prior to the end of the month for which coverage is to be effective, such coverage shall not be effective.
Employee contributions due after the initial month shall be payroll deducted if there are sufficient funds to make the deduction. If there are insufficient funds for payroll deduction, employee contributions shall be paid monthly by personal check or money order.
Premiums due from employees who are off the payroll, surviving spouses ineligible to receive monthly warrants as beneficiaries of deceased employees, retirees, or insureds having continuation coverage shall be paid monthly by personal checks or money orders.
It shall be the responsibility of the employing agency to initiate payroll deductions or receive the employee contributions and to timely remit the same to the Department.

(b) Payroll deductions for insurance coverage shall be made in such a manner that a full month’s premium has been deducted prior to the requested effective date of coverage.

(c) Double payroll deductions shall be made for an employee on an academic contract or who is regularly employed for less than twelve (12) months. However, double deductions shall not be made for an employee who is paid monthly or applies for a change in coverage. No deduction shall be taken on a supplemental payroll.

(d) Employee contributions shall not be accepted for coverage beyond the end of the month following the month in which the employee terminates employment, except as provided in subsection 60P-2.002(5) and paragraph 60P-2.011(2)(a), F.A.C.

(e) The agency personnel office shall submit all personal checks or money orders, along with purpose, subscriber and agency I.D. and coverage period, from any employee, retiree or surviving spouse to the Department prior to the first day of the applicable coverage month. A late payment from a retiree, surviving spouse or an employee on approved leave without pay, workers’ compensation, layoff or suspension, or an insured having continuation coverage will be accepted as a late payment if it is received by the Department on or before the last day of the coverage month; however, payment will not be accepted after such date and coverage will be terminated.

(2) Underpayment of Contributions.

(a) For employees, retirees and surviving spouses on the active or retiree payroll:

When it has been determined that a contribution has been underpaid, the Department shall notify the employee, retiree or surviving spouse of the underpayment by certified mail and shall notify the employee’s agency of the underpayment. This notice will advise the employee, retiree or surviving spouse of the nature of the underpayment and the methodology used to determine this amount and will request the employee, retiree or surviving spouse to contact his or her agency or the Department to resolve the problem so that future contributions will be correct. The notice shall advise of the following procedures for resolving the underpayment:

a. If the full amount of the underpayment is not received by the Department within thirty (30) calendar days from the date of receipt of the notification of underpayment or if approval is not granted in accordance with sub-subparagraph (2)(a)1.b., or if an administrative hearing is not requested in accordance with sub-subparagraph (2)(a)1.c., the retiree’s or surviving spouse’s coverage shall be terminated. With respect to the employee, the Department will request the Department of Banking and Finance to initiate involuntary wage deductions where applicable.

b. If the underpayment involves more than one coverage period, the Department may approve an installment payment program provided a written request for such program is received from the employee, retiree or surviving spouse within thirty (30) calendar days from the date of the notification of underpayment; provided, however, that any such installment payment program is subject to approval of the Department of Banking and Finance in accordance with Section 17.04, F.S. Payroll deductions must be used whenever the employee is receiving a state payroll warrant issued by the Department of Banking and Finance.

c. The employee, retiree or surviving spouse may request an administrative hearing pursuant to Section 120.57, F.S., provided such request is received by the Department within twenty-one (21) calendar days from the date of receipt of the notification of underpayment. Such notice shall be mailed to the address on file.

When it has been determined that an agency has underpaid its contribution, the Department shall notify the agency of the underpayment in writing. Such notice will advise the agency that the full amount of the underpayment should be received by the Department within forty-five (45) calendar days from the date of the letter. The agency shall take appropriate action to insure that future state contributions are correct. Should any agency become more than sixty (60) days delinquent in payment of this obligation, the Department shall certify to the Comptroller the amount due and request the Comptroller to recover such underpayment in accordance with Section 17.04, F.S.

(b) For subscribers off the payroll:

As it applies to the employee, when it is determined that none of the required contribution is paid by the end of the coverage month, coverage will be canceled effective the first day of that month.
As it applies to all others, when it is determined that none of the required premium is paid by the coverage month, coverage will terminate effective the first day of the month.
If less than the required contribution is paid, the subscriber and the employee’s agency will be notified as described in paragraph 60P-2.006(2)(a), F.A.C.

(c) An employee whose coverage is suspended in accordance with subparagraph (2)(b)1., may only apply for reenrollment in the Health Program by settling all underpayment claims and resubmitting an application during the open enrollment period. A retiree, surviving spouse or an insured with continuation coverage whose coverage is terminated in accordance with subparagraph (2)(b)2., may not reenroll in the Health Program.

(d) When it has been determined that an employee contribution has been underpaid, the Department shall notify the servicing agent to suspend the payment of claims until such underpayment has been resolved.

(e) Claims rejected by the Group Health Self Insurance Plan due to underpayment of premium shall be reprocessed upon receipt by the Department of the full amount of the underpayment or an approved signed agreement for installment repayment from the employee, retiree or surviving spouse, provided such claims were initially submitted to the Group Health Self Insurance Plan within sixteen (16) months from the date medical expenses were incurred.

(3) Overpayment of Contributions.

(a) Whenever the employee’s agency becomes aware of a total premium payment that is more than the amount required for the type of coverage selected, the agency shall take appropriate action to request a refund for the overpayment of premiums and to correct the contributions for any subsequent periods. The Department shall make such corrections for retired employees, surviving spouses and insureds with continuation coverage.

(b) Requests for refunds of any premium overpayments must be submitted by the employing agency.

(c) If an employee contribution has been overpaid and the Department is aware of a claim overpayment on behalf of any insured, a refund of the employee contribution overpayment shall not be processed until the claim overpayment has been resolved.

(4) State Contribution. Any state officer, full-time employee or part-time employee participating in the Health Program shall be entitled to the state contribution or prorated state contribution if any of the following conditions exist:

(a) The employee is at work or on approved leave with pay for a minimum of one day in the month previous to the month of coverage.

(b) The employee is either on academic contract or is regularly employed for less than twelve (12) months, provided the employee has worked at least eight (8) months during the prior consecutive twelve (12) month period. Such employee shall receive the state contribution for the entire twelve (12) months.

(d) The employee successfully appeals a suspension and receives full back pay. In such cases, the employee shall receive the state contribution during the time of the suspension provided the employee continued coverage under the Health Program during the period of such suspension and was receiving the state contribution at the time of suspension.

(e) The employee successfully appeals a dismissal and receives full back pay. In such cases, the employee shall receive the state contribution during the time of dismissal provided the employee was receiving the state contribution at the time of dismissal and, upon reinstatement, pays all back employee contributions in order to have continuous coverage under the Health Program.

(f) When the spouse of an employee is also a state officer, full-time employee, or part-time employee, and both are covered under the Health Program, and the spouse is listed as an eligible dependent under the employee’s family coverage, the spouse shall also be eligible to receive the designated state contribution beginning with the coverage month following receipt of the applications by the Department.

(g) The state contribution for a part-time employee shall be on a pro rata basis so that the percentage of the cost contributed for the part-time employee shall bear that relation to the percentage of cost contributed for a similar full-time employee that the part-time employee’s normal workday bears to a full-time employee’s normal workday.

(h) The state contribution for full-time employees or part-time permanent employees shall continue in the respective proportions for a minimum of twelve (12) weeks for any such employee who has been granted an approved medical leave of absence.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 10-8-78, Amended 10-22-79, 4-15-80, 7-1-80, 9-13-82, 8-7-83, Formerly 22K-1.19, Amended 7-16-86, Formerly 22K-1.206, Amended 8-22-96, Repromulgated 1-31-02, Amended 3-2-17.

Fla. Admin. Code R. 60P-2.007 Underpayment of Contributions

History

Rulemaking Authority 110.123(5) FS. Law Implemented 17.04, 110.123 FS. History–New 10-8-78, Amended 7-19-79, 10-22-79, 7-1-80, 9-13-82, 8-7-83, Formerly 22K-1.20, Amended 7-16-86, 9-25-86, Formerly 22K-1.207, Amended 8-22-96, Repromulgated 1-31-02, Repealed 3-2-17.

Fla. Admin. Code R. 60P-2.008 Overpayment of Contributions

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 10-8-78, Amended 10-22-79, 7-1-80, 9-12-82, 8-7-83, Formerly 22K-1.21, Amended 7-16-86, Formerly 22K-1.208, Amended 8-22-96, Repromulgated 1-31-02, Repealed 3-2-17.

Fla. Admin. Code R. 60P-2.009 State Contribution

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 10-8-78, Amended 10-22-79, 7-1-80, 9-13-82, Formerly 22K-1.22, Amended 7-16-86, Formerly 22K-1.209, Amended 8-22-96, Repromulgated 1-31-02, Repealed 3-2-17.

Fla. Admin. Code R. 60P-2.010 Agency Changes

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 10-8-78, Amended 7-1-80, 9-13-82, Formerly 22K-1.23, Amended 7-16-86, 9-25-86, Formerly 22K-1.210, Amended 8-22-96, Repromulgated as Amended 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-2.011 Retirees

(1) An employee who retires on regular retirement or who has received approval of disability retirement prior to his or her last day of employment and is covered under the Health Program as of the last day of employment, must elect one of the following options:

(a) To continue coverage by submitting an application in accordance with subsection 60P-2.002(2), F.A.C. Such application and a personal check or money order for one month’s full premium must be received by the employee’s former agency personnel office and forwarded to the Department no later than thirty-one (31) calendar days after the employee’s last day of employment; or

(b) To terminate coverage under the Health Program.

(2) An employee who applies for disability retirement and who has not been approved or rejected prior to his or her last day of employment, but was covered under the Health Program as of the last day of employment, shall have the following options:

(a) The employee may continue coverage in the Health Program pending such approval or rejection by paying the full monthly premium by personal check or money order to the Department in accordance with Rule 60P-2.006, F.A.C. If coverage is continued and:

The disability retirement is subsequently approved, the employee must complete an application in accordance with paragraph 60P-2.011(1)(a), F.A.C.
The disability retirement is subsequently rejected, coverage under the Program will terminate the end of the month in which such application is rejected. However, the subscriber may apply for continuation coverage offered by the administrator or convert to a direct pay plan offered by the Servicing Agent pursuant to Rule 60P-2.015, F.A.C.

(b) The employee may elect not to continue coverage in the Health Program pending the determination of disability retirement and thereby allow such coverage to terminate on the last day for which contributions have been paid. If coverage is allowed to terminate and:

The disability retirement is subsequently approved, the employee may apply for reenrollment in the Health Program subject to the following requirements:

a. The employee shall complete an application in accordance with paragraph 60P-2.011(1)(a), F.A.C., indicating the disability retirement status and submit to the former agency personnel office who must forward such application to the Department no later than thirty-one (31) calendar days after the date of approval of the disability retirement;

b. The retiree shall pay all back premiums from the date of termination of coverage within thirty-one (31) calendar days after the date of approval of the disability retirement since coverage must be continuous.

The disability retirement is subsequently rejected, coverage under the Program will terminate on the last day for which premiums had been paid and the subscriber shall not be eligible for reenrollment in the Health Program, continuation coverage nor conversion to a direct pay plan.

(3) An employee who does not elect to continue coverage as provided in this Section or terminates coverage after retirement shall not be eligible to reenter the Health Program at a later date unless subsequently reemployed by the State.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 10-8-78, Amended 7-1-80, 9-13-82, Formerly 22K-1.24, Amended 7-16-86, Formerly 22K-1.211, Amended 8-22-96, Repromulgated 1-31-02.

Fla. Admin. Code R. 60P-2.012 Employees Not on Payroll/Return to Payroll

(1) For all employees not on payroll, premiums shall be paid in monthly amounts by personal check or money order during the period the employee is not on the payroll. An employee who is not on the payroll during the calendar month, whether paid biweekly or monthly, shall pay the full premium for that month by either payroll deduction, or by personal check or money order. The insured employee has the responsibility for remitting the required premiums to continue coverage in effect. The agency from which the employee goes off the payroll shall be responsible for receiving these premiums and forwarding them to the Department pursuant to subsection 60P-2.006(5), F.A.C.

(2) Leave Without Pay.

(a) An insured employee granted leave without pay shall be eligible to continue coverage while on such leave provided the employee pays the full premium and notifies the Department in accordance with subsection 60P-2.002(6), F.A.C.

(b) An employee who does not continue coverage while on leave without pay may only apply for reenrollment in the Health Program after returning to work and by submitting an application in accordance with subsection 60P-2.002(6), F.A.C., to the agency personnel office within thirty-one (31) calendar days after returning to work or during the open enrollment period.

(3) Suspension. A suspended employee may continue coverage as an employee on leave without pay by paying the full cost of the premium. If an employee successfully appeals a suspension and receives full back pay, the employee is then entitled to the state contribution during the time of the suspension provided he or she was receiving the state contribution at the time of the suspension. An employee on suspension who does not continue insurance coverage may only apply for reenrollment in the Health Program after returning to work and by submitting an application in accordance with subsection 60P-2.002(6), F.A.C., to the agency personnel office during the thirty-one (31) calendar day period after returning to work or during the open enrollment period.

(4) An employee on leave without pay or suspension, as described in this section, who does not pay the premiums to continue coverage during such leave or suspension because of circumstances subsequently deemed as “extreme hardship” by the Department, may apply for reinstatement of coverage within thirty-one (31) calendar days after returning to work by making a request to the Department and agreeing to pay all back premiums. Such request must be in writing and submitted through the employing agency. The employee must demonstrate by clear and convincing evidence that the employee has suffered severe financial hardship resulting from a sudden or unexpected illness or accident to the employee or a dependent. If the Department approves the employee’s request, reinstatement will occur upon the Department’s receipt of a personal check or money order for the back premiums for the period not on payroll. Upon reinstatement, the employee may file claims for reimbursement of charges for covered services and supplies received during the period not on payroll.

(5) Layoff. An employee who is laid off in accordance with the rules promulgated by the Department shall be eligible to continue coverage while laid off for a period not to exceed two (2) years from the date of layoff, provided the employee pays the full premiums. An employee who does not continue coverage during such period, may only apply for reenrollment in the Health Program after returning to work and by submitting an application in accordance with subsection 60P-2.002(6), F.A.C., to the agency personnel office within thirty-one (31) calendar days after returning to work or during the open enrollment period.

(6) Workers’ Compensation Disability Leave.

(a) An employee who is on Workers’ Compensation disability leave is eligible to continue in the Health Program and shall be entitled to the state contribution during such leave. The agency shall collect personal checks or money orders on a month-to-month basis for the employee contributions during the period the employee will not be on the payroll and submit the contributions to the Department pursuant to subsection 60P-2.006(5), F.A.C.

(b) An employee who does not continue coverage under the Health Program while on Workers’ Compensation disability leave may only reenroll in the Health Program during the open enrollment period after such employee returns to work.

(7) Less than year round employment.

(a) An employee on an academic contract or who is regularly employed for less than twelve (12) months and who has worked at least eight (8) months during the prior consecutive twelve (12) month period is eligible to continue in the Health Program and receive the state contribution for a period not to exceed four (4) months while such employee is off the payroll.

(b) Employee contributions for such employees must be paid by advance payroll deductions, by collecting a single personal check or money order for the employee contribution for the entire period the employee will not be on the payroll or on a month-to-month basis.

(8) Military Leave. An insured employee granted military leave as defined under Personnel Chapter 60K-5, F.A.C., shall be eligible to continue enrollment in the Health Program while on such leave provided the employee pays the full premium. An employee who does not continue coverage while on military leave may apply for reenrollment in the Health Program as follows:

(a) If the employee returns to work within ninety (90) calendar days after separation from active military service, the employee may enroll in the Health Program for the type of coverage in effect immediately prior to going on military leave, by submitting an application in accordance with subsection 60P-2.002(6), F.A.C., to the agency personnel office within thirty-one (31) calendar days of returning to work. At the employee’s option, coverage under the Health Program may be effective the first day of the month in which the employee separates from active military service, provided the employee pays all back premiums. In addition, the Group Health Self Insurance Plan’s preexisting condition provision will not apply for persons insured under the employee’s coverage in effect immediately prior to the employee’s military leave.

(b) If the employee returns to work but does not enroll in the Health Program within thirty-one (31) calendar days of such return, the employee may only enroll during the open enrollment.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 10-8-78, Amended 10-22-79, 7-1-80, 9-13-82, Formerly 22K-1.25, Amended 7-16-86, 9-25-86, Formerly 22K-1.212, Amended 8-22-96, Repromulgated 1-31-02, Amended 3-2-17.

Fla. Admin. Code R. 60P-2.013 Dismissed Employees

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 10-8-78, Amended 6-10-80, Formerly 22K-1.26, Amended 7-16-86, 9-25-86, Formerly 22K-1.213, Amended 8-22-96, Repromulgated 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-2.014 Returned Checks

(1) Personal checks will be accepted by the Department for payment of premium in accordance with Rule 60P-2.006, F.A.C.; however, personal checks signed by a person other than the employee for payment of the employee’s premium must have the following information recorded on the back of the check regarding the identity of such person:

(a) The full name;

(b) Residence address, city, state, zip code;

(d) Business telephone number;

(e) Place of employment;

(f) Sex;

(g) Date of birth;

(h) Height;

(i) Race.

(2) When a check for the employee contribution is returned for nonpayment, a certified letter will be mailed directly to the signer of the check requesting payment of the amount due plus a service charge of fifteen ($15.00) dollars or five percent (5%) of the face amount of the check, whichever is greater. If the signer of the check is someone other than the insured, a certified letter will be mailed to the insured, requesting payment of the amount due plus the service charge. If payment in full has not been received within ten (10) calendar days of receipt of the certified letter, the insured’s insurance coverage shall be terminated.

(3) An employee whose coverage is terminated in accordance with this section may only apply for reenrollment in the Health Program during the open enrollment period after making restitution for all dishonored checks. A retiree or surviving spouse whose coverage is terminated in accordance with this section, shall not reenter the Health Program.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 10-8-78, Amended 10-22-79, 7-1-80, 9-13-82, 8-7-83, Formerly 22K-1.27, Amended 7-16-86, 9-25-86, Formerly 22K-1.214, Amended 8-22-96, Repromulgated 1-31-02.

Fla. Admin. Code R. 60P-2.015 Terminations and Conversions

(1) Coverage under the Health Program shall continue through the last day of the month for which a premium has been paid.

(2) An employee terminated from state employment for any reason or placed in other than a salaried position shall not be eligible to continue in the Health Program. Upon termination of coverage, the employee may, if eligible, purchase continuation coverage available through the Department or purchase a conversion plan offered by the servicing agent.

(3) Coverage of an eligible dependent will terminate on the last day of the month in which they no longer meet the provisions of subsection 60P-1.003(6), F.A.C.

(4) The Department must receive notice within sixty (60) calendar days of the date such eligible dependents lose coverage under the Health Program, in order to offer the option to purchase continuation coverage available through the Department, otherwise the dependents shall be given the right to purchase a conversion plan offered by the servicing agent.

(5) A surviving spouse who remarries shall not be eligible to continue in the Health Program as a surviving spouse but may purchase continuation coverage through the Department or purchase a conversion plan offered by the servicing agent.

(6) A terminated employee, eligible dependent or surviving spouse wishing to purchase continuation coverage must apply to the Department within sixty (60) calendar days after notification of eligibility for such coverage. A terminated employee, eligible dependent or surviving spouse desiring to purchase a conversion plan offered by the servicing agent, must apply directly to the servicing agent, in writing, within thirty-one (31) calendar days after continuation coverage terminates. The servicing agent shall then issue such standard contract or policy as is issued to direct payment subscribers and at its stipulated rates then in effect.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 10-8-78, Amended 10-22-79, 7-1-80, 9-13-82, 8-7-83, Formerly 22K-1.28, Amended 7-16-86, Formerly 22K-1.215, Amended 8-22-96, Repromulgated 1-31-02.

Fla. Admin. Code R. 60P-2.016 Overpayment of Claims

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 7-16-86, Formerly 22K-1.216, Amended 8-22-96, Repromulgated 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-2.017 Payment of Claims

Payment of claims for reimbursement of covered expenses under an individual or family coverage is contingent upon certification by the subscriber of the following:

(1) The names, sex, social security numbers, addresses and birthdays of eligible dependents;

(2) The name and address of any insurance company or employer with whom a group health insurance policy is carried by the subscriber or dependent and the group number of such policy;

(3) Any additional information deemed necessary by the Department for the clarification of information previously provided.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 7-16-86, Formerly 22K-1.217, Amended 8-22-96, Repromulgated 1-31-02.

Fla. Admin. Code R. 60P-2.019 Review of Claims

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-22-96, Repromulgated 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-2.020 Date of Receipt

Date of receipt of applications, personal checks, money orders, or agency checks by the Department shall be the date of the Department’s date stamp shown.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-22-96, Repromulgated 1-31-02.

Chapter 60P-3 STATE GROUP LIFE INSURANCE PLAN

Fla. Admin. Code R. 60P-3.004 Eligibility

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-12-80, Formerly 22K-1.43, 22K-1.043, 22K-1.301, Amended 8-26-96, Repromulgated 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-3.005 Enrollment

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-12-80, Formerly 22K-1.44, 22K-1.044, 22K-1.302, Amended 8-26-96, Repromulgated 1-31-02, Amended 3-16-05, Repealed 1-20-16.

Fla. Admin. Code R. 60P-3.006 Effective Date of Coverage

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-12-80, Formerly 22K-1.45, 22K-1.045, 22K-1.303, Amended 8-26-96, Repromulgated 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-3.007 Changes in Coverage

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-12-80, Formerly 22K-1.46, 22K-1.046, 22K-1.304, Amended 8-26-96, Repromulgated 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-3.008 Changes in Information

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-12-80, Formerly 22K-1.47, 22K-1.047, 22K-1.305, Amended 8-26-96, Repromulgated 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-3.009 Contributions, Underpayments, and Overpayments

(1) Payment of Employee Contributions.

(a) Employee contributions are due in advance of each month’s coverage.

(b) Payroll deductions for insurance coverage should always be made in such a manner that a full month’s employee contribution has been deducted prior to the first day of the following month’s coverage using authorized payroll procedures.

(c) Personal checks or money orders shall only be used for the correction of employee contributions, payment while off the payroll or when payroll deductions cannot be made for initial enrollment; otherwise, employee contributions shall be made by payroll deductions.

(d) The agency shall submit all personal checks or money orders to the Department. Each such check or money order shall be transmitted in a manner to be received by the Department prior to the first day of the month for which the employee contribution is being paid. Late payments for employees on leave without pay, Workers’ Compensation, disability leave, layoff or suspension status, will be accepted if they are received by the Department on or before the last day of the coverage month for which premiums are being paid; however, payment will not be accepted after such date and coverage will be terminated except as provided in subsection 60P-3.015(6), F.A.C.

(2) Underpayment of Contributions.

(a) For employees or retiree’s on the payroll:

When it has been determined that an employee’s or retiree’s contribution has been underpaid, the Department shall notify the employee or retiree of the underpayment by certified letter and shall send a copy of such notification to the employee’s agency. This notice will advise the employee or retiree of the following provisions:

a. If the full amount of the underpayment is not received by the Department within thirty (30) calendar days from the date of the notification of the underpayment or if approval is not granted in accordance with sub-subparagraph (2)(a)1.b., or if an administrative hearing is not requested in accordance with sub-subparagraph (2)(a)1.c., the retiree’s coverage shall be terminated. With respect to the employee, the Department will request the Department of Banking and Finance initiate involuntary wage deductions where applicable.

b. If the underpayment involves more than one coverage period, the Department may approve an installment payment program, provided a written request for such program is received from the employee or retiree within thirty (30) calendar days from the date of notification of underpayment. However, any such installment payment program is subject to approval of the Department of Banking and Finance in accordance with Section 17.04, F.S. Payroll deductions must be used whenever the employee is receiving a state payroll warrant issued by the Department of Banking and Finance. The period of payment shall not extend beyond two (2) years from the date of approval.

c. The employee or retiree may request an administrative hearing pursuant to Section 120.57, F.S., provided such request is received by the Department within twenty-one (21) calendar days from the date of receipt of the notification of underpayment.

When it has been determined that an agency has underpaid its contribution, the Department shall notify the agency of the underpayment in writing. Such notice will advise the agency that the full amount of the underpayment must be received by the Department within forty-five (45) calendar days from the date of the letter. The agency shall take appropriate action to ensure that future premium payments are correct. Should any state agency become more than sixty (60) days delinquent in payment of this obligation, the Department shall certify the amount due and request the Department of Banking and Finance recover such underpayment in accordance with Section 17.04, F.S.

(b) For employees or retirees off the payroll:

When it has been determined that none of the required contribution has been paid by the end of the coverage month, an employee’s coverage will be canceled and a retiree’s coverage will be terminated effective the first day of that month.
If some, but not all of the required contribution has been paid, the retiree, employee and the employee’s agency will be notified as described in subparagraph (2)(a)1.

(c) An employee whose coverage is canceled in accordance with paragraph (2)(b) may only apply for reenrollment in the Life Plan by settling all underpayments and submitting an application during the open enrollment period. A retired employee whose coverage is terminated in accordance with paragraph (2)(a) or (2)(b) may not reenter the Plan.

(d) Underpayments which are detected beyond the period provided by law shall be deemed uncollectible.

(3) Overpayment of Premiums.

(a) Whenever the employee’s agency becomes aware of a premium payment that is more than the amount required for the type of coverage selected, the agency shall take appropriate action to request a refund for the overpayment and ensure that future state or employee contributions are correct. The Department shall take corrective action for retired employees.

(b) Requests for refunds of any employee and or state contribution overpayments for active employees must be submitted by the employing agency. The Department shall initiate refunds for retired employees.

(4) State Contributions. Any state officer, full-time employee, or part-time employee participating in the Plan shall receive the state contribution or prorated state contribution if any of the following conditions exist:

(a) The employee is at work or on approved leave for a minimum of one day in the month previous to the month of coverage.

(b) The employee is either on academic contract or if regularly employed for less than twelve (12) months, provided the employee has worked at least eight (8) months during the prior consecutive twelve (12) month period. Such employee shall receive the state contribution for the entire twelve (12) months.

(d) The employee successfully appeals a suspension and receives full back pay. In such cases, the employee shall receive the state contribution for the period of suspension provided the employee continued coverage under the Life Plan during the period of suspension and was receiving the state contribution at the time of suspension.

(e) The employee successfully appeals a dismissal and receives full back pay. In such cases, the employee shall receive the state contribution for the period of the dismissal: provided the employee was receiving the state contribution at the time of dismissal and, upon reinstatement, pays all back employee contributions in order to have continuous coverage under the Life Plan.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-12-80, Formerly 22K-1.48, 22K-1.048, 22K-1.306, Amended 8-26-96, Repromulgated 1-31-02, Amended 3-2-17.

Fla. Admin. Code R. 60P-3.010 Underpayment of Contributions

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-12-80, Formerly 22K-1.49, 22K-1.049, 22K-1.307, Amended 8-26-96, Repromulgated 1-31-02, Repealed 3-2-17.

Fla. Admin. Code R. 60P-3.011 Overpayment of Premiums

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-12-80, Formerly 22K-1.50, 22K-1.050, 22K-1.308, Amended 8-26-96, Repromulgated 1-31-02, Repealed 3-2-17.

Fla. Admin. Code R. 60P-3.012 State Contribution

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-12-80, Formerly 22K-1.51, 22K-1.051, 22K-1.309, Amended 8-26-96, Repromulgated 1-31-02, Repealed 3-2-17.

Fla. Admin. Code R. 60P-3.013 Agency Changes

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-12-80, Formerly 22K-1.52, 22K-1.052, 22K-1.310, Amended 8-26-96, Repromulgated as Amended 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-3.014 Retirees

(1) An employee who retires and is covered under the Life Plan must elect one of the following options:

(a) Submit a request to continue coverage during retirement. The request should include the retiree’s name, social security number, date of retirement, date of last payroll deduction, signature of retiree, and date of agreement that the amount of life insurance shall be $1,500 and the AD&D benefits shall not exceed $1,500. However, the benefit for employees who cease active employment due to total disability would be based on the annual salary at the time of disability, subject to the age change factor. Such request and a personal check or money order for one full month’s premium must be received by the employee’s former agency and forwarded along with the original application and any beneficiary change requests to the Department no later than thirty-one (31) calendar days after the employee’s last day of employment; or

(b) Submit a request to terminate coverage under the Life Plan. Such request shall include an acknowledgement that the retiree may not reenroll at a later date. The request shall be submitted to the employee’s former agency and forwarded to the Department no later than thirty-one (31) calendar days after the employee’s last day of employment. If the employee does not submit the request within thirty-one (31) calendar days after the last day of employment, the agency shall immediately prepare a request to terminate coverage and send it to the Department. Copies shall be put in the employee’s personnel file and given to the employee.

(2)(a) An employee who applies for disability retirement and who has not received approval thereof prior to his or her last day of employment, but was covered under the Life Plan, as of the last day of employment, shall have the following options:

(b) The employee may continue coverage in the Life Plan pending such approval or rejection by submitting a request to continue coverage in accordance with paragraph 60P-3.014(1)(a), F.A.C., and paying the full premium for each month of coverage by personal check or money order to his or her former personnel office and in accordance with Rule 60P-3.009, F.A.C.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-12-80, Formerly 22K-1.53, 22K-1.053, 22K-1.311, Amended 8-26-96, Repromulgatd 1-31-02.

Fla. Admin. Code R. 60P-3.015 Employees Not on Payroll

(1) For employees not on payroll, premiums shall be paid in monthly amounts by personal check or money order during the period the employee is not on the payroll. An employee who is not on the payroll for an entire payroll period, whether paid biweekly or monthly, should have the total monthly premium for that month paid by either payroll deduction, or by personal check or money order. The employing agency shall be responsible for receiving premiums and forwarding them to the Department pursuant to Rule 60P-3.009, F.A.C.

(2) Leave without pay. An employee on approved leave without pay shall be eligible to continue coverage while on such leave provided the employee pays the full premium. An employee who does not continue coverage while on approved leave without pay may only apply for reenrollment in the Life Plan after return to work and submitting an application in accordance with subsection 60P-3.005(2), F.A.C., to their personnel office within thirty-one (31) calendar days after return to work or during the open enrollment period.

(3) Suspension. A suspended employee may continue coverage during the period of suspension by paying the full premium. An employee on suspension who does not continue insurance coverage may only apply for reenrollment in the Life Plan after return to work and submitting an application in accordance with Rule 60P-3.005, F.A.C., during the thirty-one (31) calendar day period after return to work or during the open enrollment period. If an employee successfully appeals a suspension and receives full back pay, the employee is then entitled to the state contribution during the time of the suspension, provided he or she was receiving the state contributions prior to the suspension.

(4) An employee on approved leave without pay or suspension as described in this section who does not pay premiums to continue coverage during such leave or suspension because of circumstances subsequently deemed “extreme hardship” by the Department, may apply for reinstatement of coverage within thirty-one (31) calendar days after return to active work by making a request to the Department and agreeing to pay all back premiums. Such requests must be in writing and submitted through the employee’s agency. The employee must demonstrate by clear and convincing evidence that the existence of a severe financial hardship resulting from the loss of income or a sudden or unexpected illness or accident to the employee or dependent. If the Department approves the employee’s request, reinstatement will occur upon the Department’s receipt of a personal check or money order for the premiums for the period not on payroll.

(5) Layoff. An employee who is laid off in accordance with a plan approved by the Department shall be eligible to continue coverage while laid off not to exceed two (2) years from the date of layoff, provided the employee pays the appropriate employee contribution. An employee who does not continue coverage during such two year period, may only apply for reenrollment in the Life Plan after return to work and by submitting an application in accordance with subsection 60P-3.005(2), F.A.C., within thirty-one (31) days of returning to work or during the open enrollment period.

(6) Workers’ Compensation disability leave. An employee who is on Workers’ Compensation disability leave is eligible to continue in the Life Plan and shall be entitled to the state contribution during such leave. The employee shall pay the employee contribution by personal check or money order and submit it to the agency on a month-to-month basis during the period the employee is not on the payroll. The agency shall be responsible for forwarding such checks or money orders to the Department within five (5) business days. An employee who does not continue coverage under the Life Plan while on Workers’ Compensation disability leave may only reenroll in the Life Plan during the open enrollment period after returning to work.

(7) Less than year round employment.

(a) An employee on an academic contract, or if regularly employed for less than twelve (12) months, has worked at least eight (8) months during the prior consecutive twelve (12) month period, is eligible to continue in the Life Plan and receive the state contribution for a period not to exceed four (4) months while such employee is off the payroll.

(b) Employee contributions for such employees must be paid by advance payroll deductions, by collecting a single personal check or money order for the employee contribution for the entire period the employees will not be on the payroll or on a month-to-month basis.

(8) Military leave. An insured employee granted military leave as defined under Personnel Chapter 60K-5, F.A.C., shall be eligible to continue coverage while on such leave, provided the employee pays the full premium. Premiums shall be submitted to the agency for transmittal to the Department. If the employee does not continue coverage while on military leave, the employee may apply for reenrollment in the Plan within thirty-one (31) calendar days after reemployment by the State.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-12-80, Formerly 22K-1.54, 22K-1.054, 22K-1.312, Amended 8-26-96, Repromulgated 1-31-02.

Fla. Admin. Code R. 60P-3.016 Dismissed Employees

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-12-80, Formerly 22K-1.55, 22K-1.055, 22K-1.313, Amended 8-26-96, Repromulgated 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-3.017 Returned Checks

(1) When a check for the employee contribution is returned for nonpayment, a certified letter will be mailed directly to the signer of the check requesting payment of the amount due plus a service charge of fifteen dollars ($15) or five percent (5%) of the face amount of the check, whichever is greater. If the signer of the check is someone other than the insured, a certified letter will be mailed to the insured, requesting payment of the amount due plus the service charge.

(2) An employee whose coverage is terminated in accordance with this section may only apply for enrollment in the Life Plan during the open enrollment period after making restitution for all dishonored checks. A retired employee whose coverage is terminated in accordance with this section may not reenter the Life Plan.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-12-80, Formerly 22K-1.56, 22K-1.056, 22K-1.314, Amended 8-26-96, Repromulgated 1-31-02.

Fla. Admin. Code R. 60P-3.018 Terminations and Conversions

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-12-80, Formerly 22K-1.57, 22K-1.057, 22K-1.315, Amended 8-26-96, Repromulgated 1-31-02, Repealed 1-20-16.

Chapter 60P-6 GENERAL PROVISIONS AND DEFINITIONS

Fla. Admin. Code R. 60P-6.006 Definitions

Unless otherwise expressly stated whenever used in chapter 60P-6, F.A.C., the following terms shall have the respective meaning indicated:

(1) “Claim Filing Deadline” is April 15 following the participant’s period of eligibility. All initial prior plan year claims filings must be postmarked or received, when not mailed, at the Department on or prior to this date to be considered for processing.

(2) “Claim filing run-out period” is the period during which the Department will accept documentation in support of claims filed within the claim filing deadline. This period will not extend beyond June 30 following the end of the prior plan year.

(3) “Dependent” means:

An individual for whom the participant is entitled to a tax deduction under the Internal Revenue Code; requires full time care because of a physical or mental incapacity; or is the spouse of the participant and is physically or mentally incapable of caring for himself or herself.

(4) “Dependent Care Expenses” means expenses incurred by a participant for the care of an eligible dependent as defined in applicable Internal Revenue Code to permit a participant and spouse, if any, to be gainfully employed.

(5) “Dependent care reimbursement account” means an account under which an employee may set aside money, on a pretax basis via salary reduction to pay for qualified daycare expenses.

(6) “Participant” means an employee who has enrolled in the Program for a period of coverage, and who has not become ineligible for participation at any time during the period of coverage.

(7) “Health care expenses” means any unreimbursed eligible expenses incurred by a participant or by a spouse or dependent of such participant for medical care.

(8) “Health care reimbursement account” means an account under which an employee may set aside money, on a pretax basis via salary reduction to pay for qualified health care expenses.

(9) “Period of coverage” means the Plan Year or that portion of the Plan Year during which coverage of benefits under the Plan is available to and elected by the participant.

(10) “Program” means the Florida Flexible Benefits Program established pursuant to section 110.161, F.S.

(11) “Plan year” means a 12-month period beginning January 1 and ending December 31.

(12) “Salary reduction agreement” means an agreement by and between the State and the employee, in which the employee elects to participate in the Program.

(13) “Qualifying status change (QSC) event” or “QSC event” means the change in employment status, for subscriber or spouse, family status or significant change in health coverage of the employee or spouse attributable to the spouse’s employment.

History

Rulemaking Authority 110.161(5) FS. Law Implemented 110.161 FS. History–New 8-3-89, Amended 4-17-91, Formerly 22FB-1.006, Amended 8-26-96, Repromulgated 4-25-02.

Fla. Admin. Code R. 60P-6.0063 Enrollment

(1) Those employees participating in the Health Program or Life Plan through premium contributions shall be enrolled in the Pretax Premium Plan in accordance with subsection 60P-2.002(7), F.A.C.

(2) Those employees participating in a supplemental insurance plan shall be enrolled in the Pretax Premium Plan.

(3) Eligible employees may elect to enroll in the Reimbursement Plan within sixty (60) calendar days of employment, within thirty-one (31) calendar days of a QSC event, or during open enrollment by completing an application in accordance with subsection 60P-2.002(2), F.A.C. Such application shall include an annual election amount for either or both reimbursement account(s).

History

Rulemaking Authority 110.161(5) FS. Law Implemented 110.161 FS. History–New 8-26-96, Repromulgated 4-25-02.

Fla. Admin. Code R. 60P-6.0065 Coverage Period

History

Rulemaking Authority 110.161(5) FS. Law Implemented 110.161 FS. History–New 8-26-96, Repromulgated 4-25-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-6.0068 Change in Participation, Termination, and Continuation of Participation

(1) A participant’s salary reduction amount shall be increased or decreased automatically to correspond to any changes in employee contributions where, during the Plan Year, there has been a change in the cost of the premium under the State Health Insurance Program.

(2) An election made under the Pretax Premium Plan shall be irrevocable during the Plan Year except when a participant experiences a QSC event.

(3) A participant may revoke an existing election and make a new benefit election for the remaining period of coverage when a QSC event is or has been experienced, provided that the new election is consistent with the event and the request for such a change is made within thirty-one (31) calendar days of the event’s occurrence by submission of an application to the Department. Such application shall be required in addition to any insurance applications that may be required to comply with chapter 60P-2, F.A.C. The Department shall determine if the requested benefit change is consistent with the change in status. Documentation of the occurrence of the change in status is required.

(4) Retirees under the State University System Phased Retirement Program who elect to continue their coverage shall be treated as having taken an unpaid leave of absence upon returning to employment, if they return during the same Plan Year.

(5) A participant may revoke an existing election if employment is terminated during the Plan Year. However, the participant may not make a new benefit election for the remaining portion of the Plan Year. A participant who fails to make the required contributions to the Medical Reimbursement Account in accordance with the salary reduction agreement at any time during the coverage period will have benefit payments suspended, regardless of account balance, until payment of required contributions resumes.

(6) Contributions under any pretax plan shall not be discontinued, except in the event of termination of participation as provided in this section. Any contribution made under any Plan may not be refunded to the participant. Reimbursements made under any Reimbursement Plan shall not be considered refunds of contributions.

(7) A participant shall continue to participate in any pretax plan until the earlier of the following dates:

(a) The date the participant ceases to be an eligible employee, unless the participant elects to continue coverage in the Medical Reimbursement Account by continuing payment of contributions, or

(b) The date on which the coverage period ends due to non-payment of contributions for a Medical Reimbursement Account, or

(8) Upon subsequent employment with the State, an eligible employee who has terminated participation in the Plan shall be entitled to recommence participation as follows:

(a) If the participant is rehired as an eligible employee within 31 calendar days of termination and during the same Plan Year in which employment terminated, the participant shall not be allowed to make any new benefit elections under the Plan and will have the same level of benefits as were in effect immediately prior to the termination of employment unless there has been a Qualifying Status Change other than the termination and rehire.

(b) If reemployment as an eligible employee occurs during the same Plan Year in which employment terminated but occurs more than 31 calendar days after termination, and the participant has revoked his earlier benefit election, the participant shall not be entitled to recommence participation until the following Plan Year. However, the employee will be entitled to elect insurance coverage under the State Group Health Insurance Program on an after-tax basis, in accordance with chapter 60P-2, F.A.C.

(c) If reemployment occurs during a Plan Year subsequent to the one in which termination occurred, the employee shall be entitled to recommence participation upon reemployment and can make new benefit elections for the new Plan Year in accordance with rules and procedures established for newly-hired and newly-eligible employees.

(9) Upon termination of employment, the participant may desire to continue in the Medical Reimbursement Account and satisfy his or her annual election. The participant must notify the Department of his or her desire to continue no later than sixty (60) calendar days from the later of:

(a) The employment termination date;

(b) The date the participant is notified by the Department of his or her eligibility to continue participation.

(10) Continuation in the Medical Reimbursement Account requires that the participant satisfy his or her annual election by one of the following methods:

(a) Arranging, in advance of termination, to have all or part of the remaining balance deducted from his or her payment for annual or sick leave through payroll deduction on a pretax basis. Any amount needed to satisfy the annual election after this deduction is taken must be paid by personal check or money order within forty-five (45) calendar days of the participant’s election to continue participation;

(b) Making a single after-tax payment by check or money order for 100% of the remaining balance due within forty-five (45) calendar days of the participant’s election to continue participation;

(c) Making monthly after-tax payments by check or money order for the required monthly contribution made as an active employee. Such payments must be made no later than the first of each month. The first payment must be made within forty-five (45) calendar days of the participant’s election to continue participation.

History

Rulemaking Authority 110.161(5) FS. Law Implemented 110.161 FS. History–New 8-26-96, Repromulgated 4-25-02, Amended 3-2-17.

Fla. Admin. Code R. 60P-6.007 Termination of Participation

History

Rulemaking Authority 110.161(5) FS. Law Implemented 110.161 FS. History–New 8-3-89, Amended 4-17-91, Formerly 22FB-1.007, Amended 8-26-96, Repromulgated 4-25-02, Repealed 3-2-17.

Fla. Admin. Code R. 60P-6.0075 Benefits

History

Rulemaking Authority 110.161(5), 110.403(1), 110.605(1) FS. Law Implemented 110.161, 110.205(2), 110.403(1)(c), 110.603(2) FS. History–New 8-26-96, Repromulgated 4-25-02, Repromulgated as Amended 4-25-02, Amended 10-20-10, Repealed 1-20-16.

Fla. Admin. Code R. 60P-6.0079 Continuation of Participation

History

Rulemaking Authority 110.161(5) FS. Law Implemented 110.161 FS. History–New 8-26-96, Repromulgated 4-25-02, Repealed 3-2-17.

Fla. Admin. Code R. 60P-6.0081 Submission of Claims for Reimbursement

(1) The participant shall submit to the Department a request which shall include the following:

(a) Social security number, name, address, work and home telephone numbers;

(b) A description of the expenses;

For medical expenses, the patient’s name, the dates and descriptions of services, and the expenses the participant is claiming for reimbursement;
For dependent day care expenses, the dependent’s name, the dates and descriptions of services, and the expenses the participant is claiming that are directly associated with the day care provided to the dependent;

(c) A statement certifying that the expenses claimed were incurred by the participant or my eligible dependent on the dates indicated, such expenses have not and will not be reimbursed by any other plan and are eligible for reimbursement, and such expenses are not eligible as deductions or credits when filing a federal income tax return;

(d) Signature of the participant, date signed, and accompanied by documentation of the expense incurred.

(2) Claims for expenses covered by insurance must include a statement from the insurer indicating the patient’s responsibility for the expense(s). Expenses shall be reimbursed only in accordance with the level of benefits in effect at the time the expense was incurred. Expenses shall be deemed incurred at the time such services are rendered.

(3) Initial requests for reimbursement for expenses incurred during a participant’s period of coverage must be postmarked or received if not mailed, at the Department no later than April 15 following the prior Plan Year.

(4) For requests filed prior to the claims filing deadline and rejected due to lack of proper documentation, such documentation must be submitted, within the claims filing run-out period.

History

Rulemaking Authority 110.161(5) FS. Law Implemented 110.161 FS. History–New 8-26-96, Repromulgated 4-25-02.

Fla. Admin. Code R. 60P-6.009 Underpayment

(1) If non-payment of the required contribution to any plan occurs as a result of an authorized leave without pay, the amount of such contribution will be adjusted and payment will resume with the next payroll check.

(2) Upon receipt of the required contributions, participation in any plan will resume as if no break had occurred.

(3) If payment of required contributions does not resume, no reimbursement will be made for expenses incurred after the last date of the coverage period for which the required contribution was made.

(4) Collection efforts will be made to ensure that a participant satisfies his annual elections.

History

Rulemaking Authority 110.161(5) FS. Law Implemented 110.161 FS. History–New 8-26-96, Repromulgated 4-25-02.

Fla. Admin. Code R. 60P-6.010 Forfeitures

History

Rulemaking Authority 110.161(5) FS. Law Implemented 110.161 FS. History–New 8-26-96, Repromulgated 4-25-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-6.011 Shared Savings Program

(1) The Shared Savings Program allows the enrollee of a state group health insurance plan or state-contracted health maintenance organization (HMO) to collect a Reward for receiving a healthcare service or bundled service provided through the online transparency platform established under section 110.12303(3), F.S., or receive a bundled surgery or other bundled medical procedure through the use of the Department’s contracted entity authorized under section 110.12303(2), F.S. A “Reward” is the amount that will be credited to an enrollee’s account or reimbursed to the enrollee for out-of-pocket healthcare expenses based on the date the enrollee or eligible dependent receives the healthcare service. An enrollee is limited to one Reward for receiving a healthcare service or bundled service.

(2) To earn a Reward by utilizing the online transparency platform, the enrollee or the enrollee’s eligible dependent must have:

(a) Complied with any prior approval or prior authorization required under the enrollee’s HMO or State group health insurance plan for the healthcare service;

(b) Received a covered healthcare service under the enrollee’s health insurance plan; and

(c) Shopped for the healthcare service through the online transparency portal within 12 months from the date of the healthcare service.

(3) A Reward for a healthcare service or bundled service received pursuant to section 110.12303(2), F.S., is available to a member enrolled in Medicare if the sum of the cost of the healthcare service or bundled service and the Reward is less than the Medicare reimbursement rate for a comparable bundled service.

(4) A Reward will be credited to the account(s) selected by the enrollee as of the date that the administrator receives notice that the Reward has been earned.

(a) A enrollee may designate the following accounts for the Reward to be credited to: a medical reimbursement account (healthcare flexible spending account or a limited purpose flexible spending account), a health savings account, a health reimbursement account, or a post-deductible health reimbursement account.

(b) If an enrollee fails to designate an account within thirty (30) days of availability of a Reward, the Reward will be credited as follows:

To a health reimbursement account for enrollees not enrolled in a high deductible health plan.
To a health savings account for enrollees enrolled in a high deductible health plan and receiving a state contribution to a health savings account.
To a post-deductible health reimbursement account for enrollees enrolled in a high deductible health plan and not receiving a state contribution to a health savings account.

(c) Once a Reward is credited to an account, funds cannot be credited to a different account, except as provided by these rules.

(5) Rewards credited to a health reimbursement account:

(a) Shall not be used to pay for insurance premiums; and

(b) Will roll over to the following Plan Year if not used.

(6) Rewards credited to a post-deductible health reimbursement account:

(a) Are available only after the enrollee satisfies the minimum federal deductible for high deductible health plans; and

(b) Are limited as set forth in paragraph (9)(a) of this rule.

(7) Rewards designated to be credited to a medical reimbursement account will be credited on January 1 of the following Plan Year. If the enrollee designates a Reward to be credited to a medical reimbursement account but fails to elect a medical reimbursement account for the following Plan Year, Rewards will be credited as set forth in paragraph (3)(b) of this rule.

(8) The annual maximum amount of Rewards that can be credited to a medical reimbursement account is $500.

(9) If any portion of a Reward remains after a Reward is designated to an account, the remaining portion will be credited to:

(a) A health reimbursement account for enrollees not enrolled in a high deductible health plan.

(b) A health savings account for enrollees enrolled in a high deductible health plan and receiving a state contribution to a health savings account.

(c) A post-deductible health reimbursement account for enrollees enrolled in a high deductible health plan and not receiving a state contribution to a health savings account.

(10) An enrollee may request the administrator of the health reimbursement account or post-deductible health reimbursement account to debit the account and provide the enrollee with a payment in an amount not to exceed the amount of the enrollee’s out-of-pocket medical expenses.

(11) Funds maintained within a health reimbursement account at the end of the Plan Year will be converted to a post-deductible health reimbursement account if the enrollee enrolls in a high deductible health plan. Funds maintained within a post-deductible health reimbursement account at the end of the Plan Year will be converted to a health reimbursement account if the enrollee is no longer enrolled in a high deductible health plan.

(12) Once an enrollee is no longer enrolled in a state group health insurance plan or HMO plan, all health reimbursement accounts and post-deductible health reimbursement accounts terminate and any funds contained therein are forfeited.

History

Rulemaking Authority 110.1055, 110.123(5) FS. Law Implemented 110.12303 FS. History–New 5-14-19.

Chapter 60P-9 STATE GROUP DISABILITY INCOME SELF INSURANCE PLAN

Fla. Admin. Code R. 60P-9.001 Definitions

For the purpose of administering this Plan, the following words and terms shall have the meaning indicated:

(1) “Active work” or “actively at work” means the actual expenditure of time and energy by the employee, performing duties pertaining to the employee’s job in the place where and in the manner in which such job is performed on a continuing basis.

(2) “Basic daily earnings” means the employee’s annual salary divided by 364.

(3) “Employee” means an individual holding a salaried Senior Management Service or Selected Exempt Service position with any state agency.

(4) “Plan” shall mean the State of Florida Group Disability Income Insurance Plan adopted pursuant to Section 110.123(3), F.S.

(5) “Sickness” means illness or disease and is inclusive of pregnancy and resulting childbirth, miscarriage, abortion or complications.

(6) “Totally disabled” means that the employee is completely unable, due to sickness or injury or both, to perform the duties pertaining to his or her employment and is under the direct care of a physician.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-26-96, Repromulgated 1-31-02.

Fla. Admin. Code R. 60P-9.002 Eligibility

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-26-96, Repromulgated 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-9.003 Enrollment

History

Rulemaking Authority 110.123(5), 20.05(5) FS. Law Implemented 110.123 FS. History–New 8-26-96, Repromulgated 1-31-02, Repealed 3-2-17.

Fla. Admin. Code R. 60P-9.004 Effective Date of Coverage

The effective date of coverage for an employee under the Plan shall be as follows:

(1) The date of an employee’s appointment to an eligible position; unless the employee is disabled or under a physician’s care on account of sickness or injury and not actively at work on that date, the effective date will be the date the employee resumes active work.

(2) An employee may elect to refuse coverage by signing a refusal statement and submitting it to his or her personnel office.

(3) The effective date of an employee who has previously refused coverage will be the first day of the month following the receipt of the employee’s written request to enroll; unless the employee is disabled or under a physician’s care on account of sickness or injury and not actively at work on that date, the effective date will be the date the employee resumes active work.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-26-96, Repromulgated 1-31-02, Amended 3-2-17.

Fla. Admin. Code R. 60P-9.005 Benefits

If an employee, while insured under the Plan and as a result of sickness or injury, becomes totally disabled, the Plan will pay biweekly benefits to the employee for the period of such disability. Such benefits are payable in an amount of sixty-five (65) percent of the employee’s basic daily earnings at the date of disability. Benefits are payable from the first benefit day of any one continuous period of disability up to a maximum of one year (364 days) subject to the following:

(1) The “first benefit day” shall be the later of:

(a) The thirty-first (31st) day of continuous disability,

(b) The date following the day that an employee exhausts all accumulated leave credits including annual leave, sick leave, sick pool leave and personal holiday leave.

(2) Benefits paid under the Plan will be reduced by any benefits paid or payable:

(a) Under any Workers’ Compensation Act or similar legislation; and

(b) As primary and family benefits under the Social Security Act; and

(3) Successive periods of disability separated by less than one work week of continuous active work with the employer will be considered one continuous period of disability unless the later disability is due to causes entirely unrelated to the causes of the previous disability and commences after return to active work for at least one full day.

(4) Plan benefits will be suspended at the employees’ anniversary date and will recommence on the date following the day that an employee exhausts all accumulated leave credits including annual leave, sick leave, sick pool leave and personal holiday leave.

(5) Any claim files must contain the following information:

(a) Employee information including the employee’s full name, Social Security number, address, telephone number, date of birth, signature of compliance and medical release, sex, occupation, marital status, spouse’s name and date of birth, children’s names and dates of birth, a description of the disability, date of the disability, date first treated for the disability, date of the last day worked due to disability, date returned to work full or part time, and any benefits paid or payable under Workers’ Compensation, Florida Retirement or Social Security and the employee’s signature.

(b) Employer information including the employee hire date, certification of last day worked and date returned to work, salary at time of disability, accumulated leave balances, agency name, SAMAS organizational code, address and telephone number, and authorized personnel signature.

(c) Attending physicians’ statement including a physical history, diagnosis, dates of treatment, nature of treatment, progress notes, impairment levels, prognosis, rehabilitation remarks, and the physician’s name, address, telephone number, licenses and signature.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-26-96, Repromulgated 1-31-02.

Fla. Admin. Code R. 60P-9.006 Payment of Premiums

(1) The employing agency will pay 100% of the premium for each employee participating in the Plan, while that employee is on the active state payroll.

(2) The employing agency will pay 100% of the premium for an employee on an approved medical leave, unless the employee is receiving Plan benefits.

(3) In the event of an employee changing agencies and remaining in a Senior Management or Select Exempt position, the agency employing on the first day of a month will be responsible for paying 100% of the premium for that month.

(4) The employee may pay the full monthly premium by submitting a personal check or money order to his or her personnel office for transmittal to the Department:

(a) If the employee is on an approved leave without pay, but not to exceed six months.

(b) In the event of layoff, but not to exceed one month.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-26-96, Repromulgated 1-31-02.

Fla. Admin. Code R. 60P-9.007 Employing Agency Change

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-26-96, Repromulgted as Amended 1-31-02, Repealed 3-2-17.

Fla. Admin. Code R. 60P-9.009 Termination of Coverage

The date of termination of coverage will be as follows:

(1) In the event of termination of employment, the employment termination date.

(2) In the event the employee requests to cancel coverage, the last day of the month in which the Department receives a signed waiver of coverage.

(3) In the event an employee terminates his or her position in Senior Management or Select Exempt status but remains a state employee, the last day of the month for which premiums have been paid.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-26-96, Repromulgated 1-31-02.

Chapter 60P-10 SUPPLEMENTAL INSURANCE PLAN

Fla. Admin. Code R. 60P-10.001 Eligibility

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-22-96, Repromulgated 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-10.002 Enrollment and Effective Date of Coverage

(1) An employee may apply for enrollment in a supplemental insurance plan through his or her personnel office during:

(a) During the first sixty (60) calendar days of state employment or a new term of office;

(b) During open enrollment;

(d) Within thirty-one (31) days of a QSC of an increase in the number of work hours for an employee.

(2) The employing agency shall request an effective date of coverage for enrollment in supplemental insurance plan in accordance with Rule 60P-10.004, F.A.C., and indicate such date on an application along with other required employee and agency information. This information shall include:

(a) Employee’s and eligible dependent’s name, social security number, birth date, sex, employee’s home mailing address, employment date, SAMAS organizational code, company, product, coverage code, option codes, and action to be taken;

(b) Contains the signature and date of the employee and authorized signature and date of the employing agency certifying eligibility of the employee.

(3) The employee acknowledges that eligibility and enrollment are governed by the provisions of Chapters 60P-1 and 60P-10, F.A.C.; authorizes the State to reduce salary as often and in amount necessary to continue coverage; acknowledges premiums may change from time to time; agrees to notify the Department at the time any dependent becomes ineligible for coverage; and agrees that all statements made on application are complete and true.

(4) The completed application shall be forwarded to the Department by the employing agency prior to the requested effective date.

(5) Attach the original company application, completed and signed by the employee and certified by the employing agency.

(6) An employee enrolled in a supplemental insurance plan shall automatically be enrolled in the pretax premium plan pursuant to Chapter 60P-6, F.A.C.

(7) The effective date of coverage requested by the employing agency for enrollment or changes in coverage in a supplemental insurance plan shall always be the first day of the month for which a full month’s premium may be deducted using single deductions based upon the employee’s signature date on the application. The requested effective date shall be no earlier than the first day of the month following the employee’s signature date; however, in no case shall such effective date be prior to or on the employee’s employment date. In the case of supplemental policies which require underwriting approval, the effective date of coverage shall be the first day of the month initially requested, following approval or in which a full month’s premium can be deducted.

(8) The effective date of coverage for enrollment or changes will be determined by the Department if an error or omission occurs by the employee’s agency personnel office.

(9) Receipt of direct payment, endorsement, or deposit of premium by the Department or its agent does not provide coverage if after receipt of the payment, its endorsement, or deposit, the Department or its agent determines that the employee, retiree, or COBRA participant or dependent is not eligible to participate in the Supplemental Insurance Plan. Upon determination of ineligibility, including failure to make timely payments, the premium received shall be fully reimbursed.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-22-96, Repromulgated 1-31-02, Amended 3-30-17.

Fla. Admin. Code R. 60P-10.003 Change in Coverage

(1) An employee may elect, change, or cancel coverage within thirty-one (31) days of a Qualified Status Change (QSC) event if the change is consistent with the event pursuant to subsection 60P-2.003(7), F.A.C., or during the open enrollment period.

(2) The employing agency shall request an effective date for a change in coverage in accordance with Rule 60P-10.004, F.A.C.

(3) The Department shall approve a coverage change if the completed application is submitted within thirty-one (31) calendar days of the QSC event and the proper documentation is provided.

(4) If an employee wants to decline coverage after reviewing any underwritten policy by any company, such employee must complete and sign the required application terminating the election prior to the end of the month in which coverage would take effect.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-22-96, Repromulgated 1-31-02.

Fla. Admin. Code R. 60P-10.004 Effective Date of Coverage

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-22-96, Repromulgated 1-31-02, Amended 4-18-05, Repealed 3-30-17.

Fla. Admin. Code R. 60P-10.005 Payment of Premiums

(1) Premiums are due one month in advance of each month of coverage and shall be paid as follows:

(a) For employees on payroll, premiums shall be payroll deducted;

(b) For employees off payroll, premiums shall be paid monthly by personal check or money order and forwarded to the supplemental company.

(2) Double payroll deductions shall be made for an employee on an academic contract or who is regularly employed for less than twelve (12) months. However, double deductions shall not be made for an employee who is paid monthly or applies for a change in coverage. No deduction shall be taken on a supplemental payroll.

(3) Employee premiums shall not be accepted for coverage beyond the end of the month following the month in which the employee terminates employment.

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-22-96, Repromulgated 1-31-02.

Fla. Admin. Code R. 60P-10.006 Overpayment of Premiums

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-22-96, Repromulgated 1-31-02, Repealed 3-2-17.

Fla. Admin. Code R. 60P-10.007 Agency Changes

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-22-96, Repromulgated as Amended 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-10.008 Leave Without Pay/Suspension

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-22-96, Repromulgated 1-31-02, Repealed 1-20-16.

Fla. Admin. Code R. 60P-10.009 Terminations and Conversions

History

Rulemaking Authority 110.123(5) FS. Law Implemented 110.123 FS. History–New 8-22-96, Repromulgated 1-31-02, Repealed 1-20-16.

Division 60A Division of State Purchasing

Chapter 60A-1 GENERAL REGULATIONS

Fla. Admin. Code R. 60A-1.001 Definitions

This rule defines terms used in Rule Chapter 60A-1, F.A.C. Other terms used in Rule Chapter 60A-1, F.A.C., shall be construed in accordance with definitions contained in Chapter 287, F.S. Terms not defined by statute or rule shall be construed according to their plain meaning, and in all cases with the objective of advancing the purpose of the rule in which they appear.

(1) “Agency Alternate Contract Source” means a Contract that is authorized pursuant to Rule 60A-1.045(6), F.A.C.

(2) “Contract” means a Written Agreement or Purchase Order between a Customer and a Contractor.

(3) “Customer” means an Agency or an Eligible User.

(4) “Eligible User” means:

(a) United States government departments, commissions, agencies, and instrumentalities thereof, having a physical presence within the State of Florida;

(b) This state’s constitutional, judicial branch, and legislative branch entities, and instrumentalities thereof;

(d) State universities and colleges, their boards of trustees, and the board of governors, as described by Sections 1000.21, 1001.60 and 1001.71, F.S., and instrumentalities thereof.

(e) Political subdivisions, including counties, cities, towns, villages and districts, as described by Section 1.01(8), F.S., and instrumentalities thereof;

(f) School districts, as described by Section 1001.30, F.S., and instrumentalities thereof;

(g) Independent, nonprofit colleges or universities located within the State of Florida and accredited by the Southern Association of Colleges and Schools;

(h) For purposes of insurance contracts procured pursuant to section 287.022, F.S., only non-Agency state entities with a Department of Financial Services State Risk Management Trust Fund Certificate are eligible users.

(5) “Enterprise Alternate Contract Source” means a contract authorized pursuant to section 287.042(16), F.S., or approved pursuant to section 287.057(3)(b), F.S., for statewide use.

(6) “Enterprise Wide Agreement” means a State Term Contract or an Enterprise Alternate Contract Source.

(7) “Purchase Order” means a mutually binding and enforceable legal relationship obligating a Contractor to furnish Commodities or Contractual Services to a Customer, which is evidenced by an order electronically transmitted from the Customer to the Contractor.

(8) “Request for Quote” has the same definition as provided in section 287.012(24), F.S. Additionally, “Request for Quote” may refer to a quote obtained from an Enterprise Alternate Contract Source.

(9) “Vendor” means a person or entity that may provide or is providing Commodities or Contractual Services under a Contract.

(10) “Written Agreement” means a mutually binding and enforceable legal relationship obligating a Contractor to furnish Commodities or Contractual Services to a Customer, which is evidenced by a document executed by both the Customer and the Contractor.

History

Rulemaking Authority 287.012(11), 287.032(2), 287.042(12) FS. Law Implemented 287.012(11), 287.042, 287.057, 287.058 FS. History–New 5-20-64, Amended 2-6-68, 5-20-71, 5-19-72, 7-31-75, 10-1-78, 11-14-79, 8-6-81, 10-11-81, 4-29-82, 8-26-82, 11-4-82, 10-13-83, 3-1-84, 11-12-84, 2-28-85, 12-17-85, Formerly 13A-1.01, Amended 2-9-87, 11-3-88, 1-18-90, 4-10-91, 9-1-92, Formerly 13A-1.001, Amended 8-24-93, 4-24-94, 1-9-95, 1-1-96, 9-23-96, 7-6-98, 1-2-00, 8-22-04, 1-29-17, 7-22-24.

Fla. Admin. Code R. 60A-1.002 Purchase of Commodities or Contractual Services

(1) Agencies are delegated the conditional authority to purchase commodities or contractual services (except insurance, unless permitted pursuant to Section 287.022, F.S.). The conditions of this delegation are (i) that the agencies comply with the requirements of Section 287.042(12), F.S.; (ii) that State Purchasing retains the full supervisory authority provided by that subsection; and (iii) that State Purchasing reserves the right to rescind the authority delegated to all agencies by amendment to this rule and reserves the right to rescind the authority delegated to an agency for failure to comply with that subsection.

(2) Purchases with value below $2,500 shall be carried out using good purchasing practices. Such practices include but are not limited to the receipt of written quotations or written records of telephone quotations.

(3) Purchases which meet or exceed $2,500, but are less than or equal to the threshold for Category Two may be made using written quotations, written records of telephone quotations, or informal bids to be opened upon receipt, whenever practical. If the agency receives verbal quotations, the name and address of each respondent and the amount quoted shall be a part of the written documentation. If the agency receives less than two quotations, it must include a statement as to why additional quotes were not received. If the agency determines that commodities or contractual services are available only from a single source, or that conditions warrant negotiation on the best terms and conditions, the agency may proceed with the procurement. The agency shall document the conditions and circumstances used to determine the procurement method.

(4) In accordance with Chapter 287, F.S., all purchases for which the total contract value is in excess of the threshold amount for Category Two for a Commodity or group of Commodities or Contractual Services shall be made by first issuing a Competitive Solicitation, unless an exemption applies. The following purchases are not subject to Competitive Solicitation requirements.

(a) Regulated Utilities and government franchised services.

(b) Regulated Public communications, except long distance telecommunications services or facilities.

(c) Artistic services, which include any artistic work performed by an artist, as defined in Section 287.012(3), F.S., including cases in which the acquisition requires that the artist furnish a commodity created through the artistic work.

(d) An academic program review, defined as a structured evaluation of the relative merits of an established university or secondary educational program or program component conducted by recognized experts in the field of study and resulting in a written report with specific recommendations.

(e) Lectures by individuals. A lecture is a formal or methodical reading or presentation on any subject, but it is not intended to be used for the purpose of, or in connection with, training of personnel.

(f) Auditing services, which are services provided by a licensee under Chapter 473, F.S., in which the licensee attests as an expert in accountancy to the reliability or fairness of presentation of financial information or utilizes any form of disclaimer of opinion which is intended or conventionally understood to convey an assurance of reliability as to matters not specifically disclaimed.

(g) Promotional services and events purchased from donated funds by the Secretary of State for purposes provided in Section 15.18(7), F.S.

(h) Payments for membership dues pursuant to Section 216.345, F.S.

(i) Examinations approved in accordance with Section 455.217(1)(c), F.S.

(j) Adoption placement services licensed by the Department of Children and Family Services.

(k) Other purchases identified in Section 287.057(5)(f), F.S.

(l) Purchases from Enterprise and Agency Alternate Contract Sources.

(m) Purchases made by agencies pursuant to Section 287.056(1), F.S., from state term contracts competitively procured by the Department.

(5) When determining the amount or amounts of purchases for the purpose of applying the threshold categories, agencies shall follow the definitions and classes and groups of commodities or contractual services established by the Department. Acquisitions shall be reviewed and considered on an agency-wide basis, except that acquisitions by agencies with decentralized purchasing functions shall be considered and reviewed on the basis of each purchasing office that maintains full-time purchasing staff. A purchasing office shall not divide its purchases or its purchasing operations to circumvent these requirements. Determination of the threshold amount for Category Two for lease or rental is based on a twelve (12) month period of time. Extension of a contract for an additional period of time is not subject to this provision.

(6) If applicable, the attestation required by section 287.057(21), F.S., shall be placed in the Agency file.

(7) When an Agency issues a Competitive Solicitation, the Agency shall include the standard “General Contract Conditions” Form PUR 1000 (07/24), http://www.flrules.org/Gateway/reference.asp?No=Ref-16731; the PUR 1000’s Form PUR 7801, Vendor Certification Form (07/24), http://www.flrules.org/Gateway/reference.asp?No=Ref-16725; and the standard “General Instructions to Respondents” Form PUR 1001 (10/06); each of which is hereby incorporated by reference. The forms are available on the Department’s website at https://www.dms.myflorida.com/purforms. Except as modified by an Agency pursuant to the following subsections, these instructions shall apply to all Competitive Solicitations and these conditions shall be part of all resulting Contracts.

(a) PUR 1001 contains instructions explaining the solicitation process and the actions necessary to respond. The agency shall attach additional materials specific to each particular solicitation, including but not limited to contact information, a solicitation timeline, a location for the public opening, evaluation criteria, required information regarding renewal of the contract, and any other necessary information. These additional instructions are commonly referred to as “Special Instructions to Respondents.” In the event of any conflict between Form PUR 1001 and the additional instructions attached by the agency, the additional instructions shall take precedence over the Form PUR 1001 unless the conflicting term is required by any section of the Florida Statutes, in which case the term contained in PUR 1001 shall take precedence.

(b) The PUR 1000 contains standard terms and conditions that will apply to the Contract which results from the Competitive Solicitation. The PUR 1000’s attached PUR 7801 contains certifications regarding statutorily required vendor criteria. For Competitive Solicitations seeking to establish a State Term Contract the PUR 1000 will be applicable to Customer purchases made off the State Term Contract. The Agency may attach additional contract terms and conditions specific to its particular Competitive Solicitation or purchase made off a State Term Contract. These additional terms shall be referred to as “Special Conditions.” In the event of any conflict between the PUR 1000 or 7801 form and any Special Conditions attached by the Agency, the Special Conditions will take precedence over the PUR 1000 or 7801 form unless the conflicting term in the PUR form is required by law, in which case the term contained in the PUR 1000 or 7801 will take precedence. To the extent the Special Conditions supersede the limit of liability in the PUR 1000, the Special Conditions must address such topic. For purchases made off a State Term Contract, to the extent a Customer attaches Special Conditions to its purchase and such Special Conditions reduce an obligation of the Contractor under the PUR 1000, the Customer shall seek a corresponding equitable reduction in price or equitable increase in other Contractor obligations. This offset may include reducing liability limits in exchange for a reduction in price or an increase in insurance.

(8) In addition to including the PUR 1000, 1001, and 7801, all Competitive Solicitations issued by an Agency shall include any other statutorily required terms, including those set forth in section 287.057, F.S., a Special Conditions Section, and a Technical Specifications or Scope of Work Section. As provided in paragraph (7)(b), above, the Special Conditions Section may be used by Agencies to supplement or supersede the General Contract Conditions contained in the PUR 1000. The Technical Specifications or Scope of Work Section shall be used by Agencies to provide detail regarding the scope of Contractual Services sought or Commodities to be procured by the Agency through the Competitive Solicitation.

(9) Agencies, state universities, and Florida College System institutions, or any contracted food service providers thereof, shall report the total expenditures and quantity of Food Commodities which were grown or produced according to the requirements pursuant to section 287.0823(4), F.S., by submitting Forms PUR 1279, “Food Commodities Grown or Produced in Florida,” and 1279A, “Spreadsheet Template,” both effective 07/24 and hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16729 and http://www.flrules.org/Gateway/reference.asp?No=Ref-16728, respectively, or on the Department’s website at https://www.dms.myflorida.com/purforms. All Food Commodities expenditures and quantities purchased must be reported to the Department no later than August 1, 2024, and each August 1 biennially thereafter. This section applies to expenditures made by an Agency, state university, or Florida College System institution pursuant to its purchase of Food Commodities.

(a) For purposes of this subsection, “Food Commodities” means either raw agricultural commodities or processed commodities, provided that they are the forms that are sold or distributed for human consumption, including farm products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state or as processed by a farm operation or processor for the purpose of marketing such product.

History

Rulemaking Authority 287.032(2), 287.042, 287.0823 FS. Law Implemented 287.042, 287.057, 287.0823 FS. History–New 5-20-64, Amended 4-4-67, Revised 2-6-68, Amended 2-8-69, Revised 5-20-71, Amended 7-31-75, 10-1-78, Revised 11-14-79, Amended 8-18-80, 8-6-81, 10-13-83, 3-1-84, 3-14-84, 11-12-84, 2-28-85, 12-17-85, Formerly 13A-1.02, Amended 6-5-86, 2-9-87, 11-3-88, 1-18-90, 4-10-91, 9-1-92, Formerly 13A-1.002, Amended 4-24-94, 1-9-95, 1-1-96, 3-21-96, 9-23-96, 7-6-98, 1-2-00, 10-3-04, 12-22-04, 10-15-06, 7-22-24.

Fla. Admin. Code R. 60A-1.004 Acquisition of Printing, Duplicating and Reproduction Equipment

History

Rulemaking Authority 287.042 FS. Law Implemented 287.043 FS. History–New 5-20-64, Amended 2-6-68, 5-20-71, 7-31-75, Joint Administrative Procedures Committee Objection Filed-See FAW Vol. 1, No. 38, September 26, 1975, Joint Administrative Procedures Committee Objection Withdrawn – See FAW Vol. 3, No. 30, July 29, 1977, Amended 10-1-78, 8-6-81, 10-12-81, 8-10-82, 11-12-84, Formerly 13A-1.01, Amended 2-9-87, 11-3-88, 4-10-91, Formerly 13A-1.004, Amended 8-24-93, 1-1-96, Repealed 11-13-96.

Fla. Admin. Code R. 60A-1.005 Eligible Users

History

Rulemaking Authority 287.042(12) FS. Law Implemented 287.012(12) FS. History–New 8-24-04, Repealed 1-29-17.

Fla. Admin. Code R. 60A-1.006 Vendors and Contractors

History

Rulemaking Authority 120.57(3)(d), 287.042, 287.057(23)(d) FS. Law Implemented 120.57(3), 287.017, 287.042, 287.057, 287.133 FS. History–New 5-20-64, Amended 2-6-68, 5-20-71, 7-31-75, 10-1-78, 12-11-79, 2-26-80, 8-6-81, 10-11-81, 11-10-81, 2-11-82, 8-10-82, 10-13-83, 11-12-84, 12-17-85, Formerly 13A-1.06, Amended 2-9-87, 11-3-88, 1-18-90, 4-10-91, 9-1-92, Formerly 13A-1.006, Amended 4-24-94, 1-9-95, 7-6-98, 1-2-00, 7-1-03, 5-16-04, 8-22-04, 10-15-06, Repealed 1-11-22.

Fla. Admin. Code R. 60A-1.007 Standards and Specifications

History

Rulemaking Authority 287.042(13) FS. Law Implemented 287.001, 287.042(2), (6), (7), (8), (11), 287.045(5) FS. History–New 2-6-68, Amended 5-20-71, 7-31-75, 10-1-78, 8-6-81, 10-13-83, Formerly 13A-1.07, Amended 11-3-88, 1-18-90, 4-10-91, Formerly 13A-1.007, Amended 1-1-96, 7-6-98, 1-2-00, Repealed 1-20-16.

Fla. Admin. Code R. 60A-1.008 Term Contracts and Price Agreements

History

Rulemaking Authority 287.042 FS. Law Implemented 287.001, 287.042, 287.057, 287.017, 287.133, 287.1345, 695.25 FS. History–New 2-6-68, Amended 2-8-69, 5-20-71, 7-31-75, 10-1-78, 5-17-79, 8-6-81, 10-12-81, 6-7-82, 11-4-82, 10-13-83, 11-12-84, 12-17-85, Formerly 13A-1.08, Amended 6-5-86, 2-9-87, 11-3-88, 1-18-90, 4-10-91, 9-1-92, Formerly 13A-1.008, Amended 8-24-93, 4-24-94, 1-9-95, 1-1-96, 9-23-96, 7-6-98, 1-2-00, Repealed 6-21-04.

Fla. Admin. Code R. 60A-1.009 Emergency Purchases of Commodities or Contractual Services

History

Rulemaking Authority 287.042(13) FS. Law Implemented 287.001, 287.057(3)(a) FS. History–New 2-6-68, Amended 5-20-71, 7-31-75, 10-1-78, 8-6-81, 11-12-84, 12-17-85, Formerly 13A-1.09, Amended 11-3-88, 1-18-90, 4-10-91, Formerly 13A-1.009, Amended 1-9-95, 7-6-98, 1-2-00, Transferred to 60A-1.046.

Fla. Admin. Code R. 60A-1.010 Single Source Purchases of Communities or Contractual Services

History

Rulemaking Authority 287.042(13) FS. Law Implemented 287.001, 287.057(3)(c) FS. History–New 2-6-68, Amended 5-20-71, 8-6-81, 2-28-85, 12-17-85, Formerly 13A-1.10, Amended 11-3-88, 1-18-90, 4-10-91, Formerly 13A-1.010, Amended 1-9-95, 1-1-96, 9-23-96, 7-6-98, 1-2-00, Transferred to 60A-1.045.

Fla. Admin. Code R. 60A-1.011 Identical Evaluations of Responses

History

Rulemaking Authority 287.042(12) FS. Law Implemented 287.082, 287.084, 287.087, 287.092 FS. History–New 2-6-68, Amended 5-20-71, 7-31-75, 10-1-78, 8-6-81, 2-13-83, 10-13-83, 3-1-84, Formerly 13A-1.11, Amended 11-3-88, 4-10-91, Formerly 13A-1.011, Amended 1-10-05, 2-6-18.

Fla. Admin. Code R. 60A-1.012 Purchasing Categories and Adjustments Thereto

History

Rulemaking Authority 287.042(12), 287.017(2) FS. Law Implemented 287.017 FS. History–New 7-26-04, Repealed 2-2-11.

Fla. Admin. Code R. 60A-1.013 Printing

History

Rulemaking Authority 287.042(13) FS. Law Implemented 283.30, 283.31, 283.32, 283.33, 283.35, 283.425, 283.56, 287.057, 287.012(4), 287.017 FS. Joint Administrative Procedures Committee Objection Filed-See FAW Vol. 1, No. 16, April 25, 1975, and Vol. 1, No. 38, September 26, 1975, History–New 7-31-75, Amended 1-3-77, 10-1-78, 8-6-81, 3-14-84, 5-10-84, Formerly 13A-1.13, Amended 6-5-86, 2-9-87, 11-3-88, 1-18-90, 4-10-91, 9-1-92, Formerly 13A-1.013, Amended 1-1-96, Repealed 1-2-00.

Fla. Admin. Code R. 60A-1.014 Delegation to State University System

History

Rulemaking Authority 240.225 FS. Law Implemented 240.225 FS. History–New 11-14-79, Amended 8-6-81, 10-13-83, Formerly 13A-1.14, Amended 11-3-88, Formerly 13A-1.014, Repealed 1-1-96.

Fla. Admin. Code R. 60A-1.015 Insurance

(1) Upon request, the Department will procure insurance for Agencies when coverage is not available under the State Risk Management Trust Fund and is not excepted by law, and when any part of the premium is paid by the state. The Department will not procure insurance directly for Eligible Users; however, Eligible Users may utilize existing coverages that have been procured by the Department.

(2) Agencies requesting the Department procure insurance, and Eligible Users requesting to be added to existing policies, shall submit Form PUR 1015, Agreement for State Purchasing Insurance Program Participation, effective 07/24, which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16730 or https://www.dms.myflorida.com/purforms. The Department shall notify the requestor of the status of the final approval.

(3) No Agency or Eligible User shall contact the agent of record representing the insurance carrier with the exception of reporting a claim.

History

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.022, 287.042(6)(b) FS. History–New 8-6-81, Amended 11-4-82, Formerly 13A-1.15, Amended 11-3-88, 1-18-90, 4-10-91, 9-1-92, Formerly 13A-1.015, Amended 8-24-93, 1-9-95, 7-6-98, 1-2-00, 6-21-04, 11-7-04, 1-29-17, 7-22-24.

Fla. Admin. Code R. 60A-1.016 Contract and Purchase Order Requirements

An Agency that fails to have a Contract in place before a Contractor provides Commodities or renders Contractual Services in excess of CATEGORY TWO, except in the case of a valid emergency as certified by the agency head, shall submit to the Department a completed Form PUR 1010, “Notice of Non-Compliance,” effective December 2016, which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07674 or https://www.dms.myflorida.com/purforms.

History

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.058(2) FS. History–New 8-6-81, Amended 11-4-82, 2-13-83, 5-26-83, 10-13-83, 5-10-84, 11-12-84, 12-17-85, Formerly 13A-1.16, Amended 6-5-86, 2-9-87, 11-3-88, 1-18-90, 4-10-91, Formerly 13A-1.016, Amended 4-24-94, 1-9-95, 1-1-96, 3-24-96, 7-6-98, 1-2-00, 7-11-04, 10-15-06, 1-29-17, 7-22-24.

Fla. Admin. Code R. 60A-1.017 Acquisition of Commodities through Service Contracts

Contracts which include services that provide for a Vendor to purchase commodities for subsequent transfer to the state, may be entered into by an agency only under the following circumstances:

(1) The agency has determined that there is a demonstrated need to acquire the commodity through the Vendor, as opposed to direct acquisition by the agency;

(2) The agency has provided a means to identify the commodity, including line-item costs, acquired by the Vendor for subsequent transfer to and control by the agency; and,

(3) The agency has specified the quality of the commodity to be acquired and made provisions for warranty, service, and transfer of ownership.

History

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.042(3), 287.042(6) FS. History–New 11-3-88, Formerly 13A-1.017, Amended 1-29-17.

Fla. Admin. Code R. 60A-1.018 Procedures for Negotiation of Contracts for Purchase of Commodities/Contractual Services

History

Rulemaking Authority 287.042(13) FS. Law Implemented 287.042(2), (5), 287.057(4) FS. History–New 11-3-88, Amended 4-10-91, Formerly 13A-1.018, Repealed 1-2-00.

Fla. Admin. Code R. 60A-1.019 Delegation to State University System

History

Rulemaking Authority 240.225 FS. Law Implemented 287 FS. History–New 6-1-97, Repealed 6-21-04.

Fla. Admin. Code R. 60A-1.020 Attestation Forms

(1) Common Carrier and Contracted Carrier Attestation Form.

(a) Definitions. Capitalized terms used in this subsection herein have the definitions ascribed in section 908.111, F.S.

(b) Common Carrier or Contracted Carrier Attestation. In accordance with section 908.111, F.S., a Contract between a Governmental Entity and a Common Carrier or contracted carrier which is executed, amended, or renewed on or after the date provided in section 908.111(3), F.S., must include an attestation by the Common Carrier or contracted carrier on Form PUR 1808, “Common Carrier or Contracted Carrier Attestation Form,” effective 08/2022, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14614 or on the Department’s website at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms.

(2) Foreign Country of Concern Attestation Form.

(a) Definitions. Capitalized terms used in this subsection have the definitions ascribed in section 287.138, F.S. “Personal Identifying Information” shall have the meaning ascribed to “personal information” in section 501.171, F.S. “Principal Place of Business” shall mean the primary location where the entity's executive-level management direct, control, or coordinate the entity's activities.

(b) Foreign Country of Concern Attestation. In accordance with section 287.138, F.S., a contract between a Governmental Entity and an entity which would give access to an individual’s Personal Identifying Information which is executed, extended, or renewed on or after the dates provided in section 287.138(4), F.S., must include an attestation by the entity on Form PUR 1355, “Foreign Country of Concern Attestation Form,” effective 10/23, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15958 or on the Department’s website at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms. In accordance with section 287.138, F.S., beginning on or after the dates provided in section 287.138(4), F.S., a Governmental Entity may not accept a bid, proposal, or reply for a contract which would grant an entity access to an individual’s Personal Identifying Information unless the entity provides the Governmental Entity with an attestation by the entity on Form PUR 1355, “Foreign Country of Concern Attestation Form.”

History

Rulemaking Authority 287.138, 908.111(4) FS. Law Implemented 287.138, 908.111 FS. History–New 8-28-22, Amended 10-12-23.

Fla. Admin. Code R. 60A-1.021 Electronic Posting of Solicitations, Decisions or Intended Decisions

(1) The Department has designated the Vendor Information Portal (VIP) at https://vendor.myfloridamarketplace.com as the state’s centralized procurement website for electronic posting of agency solicitations, decisions or intended decisions.

(2) All agency decisions or intended decisions shall be electronically posted on the VIP. All competitive solicitations issued by agencies shall be electronically posted on the VIP for at least 10 calendar days prior to the date for receipt of responses, unless the Department or other agency determines in writing that a shorter period of time is necessary to avoid harming the interests of the state.

History

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.042(3) FS. History–New 8-22-04, Amended 1-29-17.

Fla. Admin. Code R. 60A-1.025 Purchasing Agreements

A Purchasing Agreement is a defined quantity contract for a defined period that is competitively procured by the Department pursuant to Section 287.057, F.S., and that is used by agencies and eligible users pursuant to Section 287.056(1), F.S.

History

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.042(2)(a), 287.056(1) FS. History–New 7-11-04, Amended 8-1-16.

Fla. Admin. Code R. 60A-1.026 Interagency Planning and Cooperation

History

Rulemaking Authority 287.042(12) FS. Law Implemented 287.042(9), (10) FS. History–New 6-21-04, Repealed 1-20-16.

Fla. Admin. Code R. 60A-1.030 MyFloridaMarketPlace Vendor Registration

History

Rulemaking Authority 287.042(12), 287.057(23) FS. Law Implemented 287.032, 287.042, 287.057 FS. History–New 7-1-03, Amended 5-16-04, Repealed 3-2-17.

Fla. Admin. Code R. 60A-1.031 MyFloridaMarketPlace Transaction Fee

(1) The State of Florida, through the Department, has instituted MyFloridaMarketPlace (MFMP), a statewide eProcurement system pursuant to section 287.057(24), F.S. The Transaction Fee is one percent (1.0%), or as may otherwise be established by law. All payments issued by Agencies to registered vendors for purchases of Commodities or Contractual Services shall be assessed the Transaction Fee under Chapter 287, F.S., unless exempt. All payments issued to registered vendors that are associated with a Enterprise Wide Agreement shall be assessed the Transaction Fee, unless exempt.

(2) Vendors shall pay the Transaction Fee and are subject to automatic deduction of the Transaction Fee when automatic deduction becomes available.

(3) Each Agency shall include the following statement in all Contracts, including the solicitation thereof, for purchases of Commodities or Contractual Servics under Chapter 287, F.S., unless the transaction is exempt from the Transaction Fee:

MyFloridaMarketPlace Transaction Fee

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(24), Florida Statutes (F.S.). All payments issued by Agencies to registered vendors for purchases of Commodities or Contractual Services under Chapter 287, F.S., shall be assessed the Transaction Fee of one percent (1.0%) of the total amount of the payments received from the State or Eligible Users, as prescribed by Rule 60A-1.031, Florida Administrative Code (F.A.C.), or as may otherwise be established by law. Vendors shall pay the Transaction Fee and are subject to automatic deduction of the Transaction Fee, when automatic deduction becomes available. Vendors shall submit any monthly reports required pursuant to Rule 60A-1.031, F.A.C. All such reports and payments are subject to audit. The Agency will have grounds for declaring the vendor in default if the vendor fails to comply with the payment of the Transaction Fee or reporting of payments, which may subject the vendor to being suspended from business with the State of Florida.

(4) A vendor shall report received payment as follows:

(a) Vendors on an active Enterprise Wide Agreement shall report monthly at https://vendor.myfloridamarketplace.com, the total amount of payments received from Customers for Commodities or Contractual Services under Chapter 287, F.S. If such vendor does not receive any payment for Commodities or Contractual Services under Chapter 287, F.S., the vendor shall report zero dollars for the total monthly amount of payments received.

(b) Each month vendors not on an active Enterprise Wide Agreement shall review their consolidated billing invoice, reconcile all payments received for Commodites or Contractual Services under Chapter 287, F.S., and report any payments missing from the consolidated billing invoice in the Vendor Information Portal.

(c) If the total Transaction Fee amounts outstanding are less than $50, a vendor may carry over payment of the balance to the next monthly reporting period.

(d) A vendor is not required to report payments exempt from the Transaction Fee set forth under this rule.

(e) Failure to comply with the payment of the Transaction Fee or reporting of payments may subject the vendor to being suspended from business with the State.

(5) The following purchases are excluded from payment of the Transaction Fee and the reporting requirements set forth herein:

(a) Purchases where payments are made utilizing the State’s Purchasing Card program.

(b) Purchases where payments are made utilizing the State’s Fuel Card program.

(6) The following are exempt from the Transaction Fee:

(a) Transactions with an entity designated as non-profit under the Internal Revenue Code and registered with the Secretary of the State of Florida pursuant to applicable Florida Statutes, unless such entity is awarded a contract following a competitive solicitation involving for-profit entities and the contract, if it had been awarded to a for-profit entity, would have been subject to the Transaction Fee.

(b) Transactions with Customers, a private university in Florida, an agency of another state, or another sovereign nation, as vendors, unless such entity is awarded a Contract following a Competitive Solicitation involving for-profit entities and the Contract, if it had been awarded to a for-profit entity, would have been subject to the Transaction Fee.

(c) Transactions in which law or government regulation requires that the commodity or service be provided by a sole provider (e.g., regulated utilities, legislatively mandated transactions, etc.).

(d) Transactions established by an agreement, pursuant to law, implementing a state or federal program or grant.

(e) Payments to unregistered vendors under rule paragraph 60A-1.033(2)(a), F.A.C.

(f) Payments to a vendor in exchange for providing health care services at or below Medicaid rates.

(g) Disbursements of State financial assistance to a recipient as defined in the Florida Single Audit Act, Section 215.97, F.S.; disbursements of federal awards to subrecipients as defined in 2 C.F.R. 200; payments of State dollars to satisfy federal maintenance of efforts requirements; and payments of State dollars for matching federal awards.

(h) Transactions associated with a gubernatorial suspension of purchasing regulations due to an emergency.

(i) Transactions associated with an Agency Head’s declaration of an emergency under Section 287.057(3)(a), F.S.

(j) Transactions associated with the purchase of insurance pursuant to Section 287.022, F.S.

(7) A Customer of an Enterprise Wide Agreement may request Department approval to exempt a particular transaction from the Transaction Fee. In order for the exemption to be approved by the Department, the transaction must be critical to public health, safety, or welfare and the imposition of the fee would violate state or federal law.

(a) The requesting Customer shall submit Form PUR 3778, Request for Transaction Fee Exemption, effective 07/2022, hereby incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14514 or on the Department’s website at http://www.dms.myflorida.com/mfmp_forms. Form PUR 3778 shall be completed by the Customer’s authorized representative, providing all information supporting the request, and submitted to PCS@dms.fl.gov. Within 14 days from receipt of Form PUR 3778, the Department will approve the request, deny the request, or request additional information. Requests outstanding for more than 14 days from receipt by the Department will be deemed approved unless additional information is requested, which will reset the timeframe for response.

(b) Once an exemption to the Transaction Fee for a transaction under this section has been approved or is deemed approved, the Customer need not request exemption of subsequent related transactions (e.g., individual payments under the same Contract).

(8) Vendors must register pursuant to Rule 60A-1.033, F.A.C., regardless of a particular transaction being exempt from the Transaction Fee.

History

Rulemaking Authority 287.032(2), 287.042(12), 287.057(24) FS. Law Implemented 287.032, 287.042(l)(h), 287.057(24) FS. History–New 7-1-03, Amended 2-11-04, 11-7-04, 3-2-17, 7-31-22, 7-22-24.

Fla. Admin. Code R. 60A-1.032 MyFloridaMarketPlace Transaction Fee Exceptions

History

Rulemaking Authority 287.042(12), 287.057(23) FS. Law Implemented 287.032, 287.042, 287.057 FS. History–New 7-1-03, Repealed 3-2-17.

Fla. Admin. Code R. 60A-1.033 MyFloridaMarketPlace Vendor Registration and Agency Requirements

(1) To qualify to provide Commodities and Contractual Services to the State of Florida, a vendor shall:

(a) Register with MyFloridaMarketPlace (MFMP).

Registration can be completed at www.vendor.myfloridamarketplace.com by providing the following information: company name, tax ID type, tax ID, username, password, contact information, 1099 name, business designation (e.g. corporation, non-profit, sole-proprietorship), primary place of business, woman-, minority-, or veteran-owned business status, at least one business location, either at least one commodity code or confirm it does not intend to choose a commodity code, solicitation notification preference.

(b) Accept the MFMP Terms of Use.

The MFMP Terms of Use, effective 07/2022, are hereby incorporated by reference and available on the Department’s website at http://www.dms.myflorida.com/vip_terms_of_use and http://www.flrules.org/Gateway/reference.asp?No=Ref-14511. Vendors shall indicate acceptance of the MFMP Terms of Use by clicking the “I Accept the Terms of Use” button within the MFMP system (Form PUR 3775, Accept Terms of Use), effective 07/2022, hereby incorporated by reference, and available within the MFMP system and at http://www.flrules.org/Gateway/reference.asp?No=Ref-14513.

(2) An Agency shall:

(a) Enter into agreements for Commodities or Contractual Services only with registered vendors unless the transaction is being consummated utilizing a State Purchasing Card or the Fuel Card programs, or portions of the transaction are exempt from disclosure under Chapter 119, F.S.

(b) Appoint at least one MFMP Agency Administrator responsible for creating and managing user accounts, assigning the appropriate permissions within the Agency, and ensuring proper access to the MFMP system.

(c) Prior to entering any data or uploading attachments into MFMP, review and redact all protected health information as defined in the Health Insurance Portability and Accountability Act of 1996, as well as any information that is exempt or confidential and exempt pursuant to Chapter 119, F.S., or other Florida or Federal law (“Confidential Information”).

(d) If any protected health information or Confidential Information has been entered into MFMP, and an Agency can no longer redact the information in MFMP, the Agency shall complete the PUR 3785, MFMP Confidential Information Removal Request Form, effective 07/2022, which is hereby incorporated by reference and available on the Department’s website at http://www.dms.myflorida.com/mfmp_forms and http://www.flrules.org/Gateway/reference.asp?No=Ref-14515. A completed Form PUR 3785 shall be submitted by email to buyerhelp@myfloridamarketplace.com.

(3) Vendors and Agencies shall utilize the United Nations Standard Product and Services Code (UNSPSC®) for all purchases of Commodities or Contractual Services. The UNSPSC® is available at http://www.dms.myflorida.com/commodity_codes.

(4) At least once every five years, the Department shall conduct a screening of all vendors registered in MFMP having the capacity to fill an order of $100,000 or more, as self-reported by the vendor in MFMP, to locate those persons and organizations identified by a federal agency as being subject to a trade sanction, embargo, or other restriction under federal law. Such screening will include a review of any trade sanction or embargo list published by the United States Department of Treasury, the United States Federal Trade Commission, the United States Department of Commerce, the United States Department of State, the United States Department of Defense, and the United States Department of Energy, as well as any federal agency list which identifies a vendor as being subject to a federal restriction which impacts a vendor’s capability to provide commodities or services in the United States.

(5) Vendors will receive a general notification of the disclosure requirements contained in section 286.101, F.S., within the MFMP system. Additionally, upon completion of the screening required by Section 286.101(4), F.S., the Department will issue a written notification via the vendor’s email of record in MFMP to each vendor identified as being subject to a trade sanction, embargo, or other restriction under federal law regarding the applicability of the disclosure requirements in Section 286.101(3), F.S. It is the responsibility of every vendor registered in MFMP to maintain a current email address of record in MFMP where the Department may provide its written notice of disclosure requirements when applicable.

(6) The Department will provide a link in MFMP for purchasers to access all vendor disclosures required by Section 286.101, F.S.

History

Rulemaking Authority 286.101(9)(a), 287.032(2), 287.042(12), 287.057(24)(b) FS. Law Implemented 286.101, 287.042(3), (4), (8), (12), 287.057(24) FS. History–New 10-15-06, Amended 3-2-17, 7-31-22.

Fla. Admin. Code R. 60A-1.041 Contract Manager and Negotiator Certifications

(1) Florida Certified Contract Manager (FCCM) and Florida Certified Contract Negotiator (FCCN) certifications shall be offered only to employees of Florida Governmental Entities.

(2) FCCN Certification.

(a) Employees seeking FCCN Certification must complete and submit Form PUR 2011, “Florida Certified Contract Negotiator Application,” revised 07/2022, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14512 or on the Department’s website at dms.myflorida.com, along with supporting documentation, to purtraining@dms.fl.gov.

(b) Employees must provide documentation to show compliance with the experience and participation requirements when submitting Form PUR 2011. The Department’s decision on an employee’s compliance with the experience and participation requirements is final.

(3) FCCN Recertification.

(a) Employees seeking FCCN recertification must complete and submit Form PUR 2011, along with supporting documentation, to purtraining@dms.fl.gov.

History

Rulemaking Authority 287.032(2), 287.042(12), 287.057(15), (17), (18), (24) FS. Law Implemented 287.042(11), 287.057(15), (17), (18) FS. History–New 8-19-04, Amended 3-28-07, 4-25-17, 7-31-22.

Fla. Admin. Code R. 60A-1.042 Request for Information

(1) Agencies are authorized to use a Request For Information (RFI) for research to determine any or all of the following: whether to competitively procure particular commodities or contractual services; which solicitation process to use for a particular need; or general, special, or technical specifications to be included in a solicitation.

(2) An RFI is not a solicitation. An agency issuing an RFI is not required to utilize any information gathered from the RFI, nor is a vendor who responds to an RFI excluded from participating in any resulting solicitation.

(3) Agencies must use MyFloridaMarketPlace (MFMP) Sourcing or the Vendor Information Portal for issuing an RFI. A vendor must be registered in MFMP in order to respond to an RFI conducted using MFMP Sourcing. See Rule 60A-1.033, F.A.C., for MFMP vendor registration.

History

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.012(22), 287.042(3)(g), 287.057(17) FS. History–New 7-11-04, Amended 4-14-16.

Fla. Admin. Code R. 60A-1.043 Requests for Quotes from Enterprise Wide Agreements

(1) Agencies shall document all Requests for Quotes from Enterprise Wide Agreements with, at a minimum, the name of each responding vendor, the price, and the Commodities or Contractual Services to be provided.

(2) Agencies shall base any purchase from Requests for Quotes on a determination of best value.

(3) Agencies shall document the justification for any selection based on receipt of fewer than two quotes.

(4) For the purchase of Contractual Services and information technology (“IT”) Commodities from Enterprise Wide Agreements, Agencies shall follow the Request for Quote practices prescribed in sections 287.056 and 287.0591, F.S.

(5) For the purchase of non-IT Commodities, Agencies shall request at least two (2) quotes from Enterprise Wide Agreements with multiple vendors unless (i) the total purchase cost is less than Category Two, or (ii) the Enterprise Wide Agreement requires a specific number of quotes to be requested or obtained. Agencies shall document the justification for any selection based on receipt of fewer than two quotes.

History

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.042(3)(g), 287.056(2), 287.0591(5) FS. History–New 6-21-04, Amended 4-14-16, 7-31-22, 7-22-24.

Fla. Admin. Code R. 60A-1.044 State Term Contracts

History

Rulemaking Authority 287.042(12) FS. Law Implemented 287.056(1) FS. History–New 7-26-04, Amended 10-15-06, 10-1-09, Formerly 60A-1.008(3)(a), (4), (5), Repealed 1-11-16.

Fla. Admin. Code R. 60A-1.045 Alternative Purchasing Methods

(1) Agencies intending to purchase Commodities or Contractual Services in excess of CATEGORY TWO from a single source shall electronically post Form PUR 7776 “Description of Intended Single Source Purchase,” revised 07/2022, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14517, or on the Department’s website at http://dms.myflorida.com/purforms. Form PUR 7776 requests that prospective vendors provide information regarding their ability to supply the Commodities or Contractual Services described.

(2) Agencies shall provide notice of their determination that the Commodities or Contractual Services are available only from a single source by electronically posting Form PUR 7778 “Notice of Intended Decision to Enter Into a Single Source Contract,” revised 07/2022, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14518, or on the Department’s website at http://dms.myflorida.com/purforms.

(3) Agencies shall report all single source action(s) quarterly by submitting Form PUR 7779, “Single Source Action Agency Report Form,” effective 07/2022, which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14519 or on the Department’s website at http:dms.myflorida.com/purforms. All single source actions must be reported to the Department no later than ten (10) calendar days after the end of the quarter in which the action was completed, with the first quarter beginning on July 1 of each fiscal year.

(4) For emergency purchases of Commodities or Contractual Services made pursuant to section 287.057(3)(a), F.S., Agencies must complete and furnish to the Department, Form PUR 7800 “Notice of Emergency Purchase,” revised 07/2022, which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14520, or on the Department’s website at http://dms.myflorida.com/purforms.

(5) Emergency purchases need not be posted electronically or by any other means.

(6) Agencies seeking approval to make purchases in excess of the threshold for Category Two pursuant to sections 287.042(16) and 287.057(3)(b), F.S., must submit Form PUR 7102, “Agency Request for Approval of Alternate Contract Source (ACS),” revised 07/24, which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16727, or on the Department’s website at http://dms.myflorida.com/purforms. This requirement does not apply to purchases off an Enterprise Alternate Contract Source.

(7) In addition, a list of current Enterprise Alternate Contract Sources for use by all Agencies is available at http://dms.myflorida.com/contracts.

(8) Agencies shall report all Agency actions to the Department pursuant to section 287.057(6), F.S., by submitting Form PUR 7200, “Negotiation of Best Terms and Conditions Report Form,” 07/24, which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16726 or on the Department’s website at https://www.dms.myflorida.com/purforms.

History

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.017, 287.042(9), (16), 287.057(3), (14) FS. History–New 2-6-68, Revised 5-20-71, Amended 8-6-81, 2-28-85, 12-17-85, Formerly 13A-1.10, Amended 11-3-88, 1-18-90, 4-10-91, Formerly 13A-1.010, Amended 1-9-95, 1-1-96, 9-23-96, 7-6-98, 1-2-00, 7-26-04, Formerly 60A-1.010, Amended 4-14-16, 3-2-17, 7-31-22, 7-22-24.

Fla. Admin. Code R. 60A-1.046 Emergency Purchases

History

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.042(9), 287.057(3) FS. History–New 2-6-68, Revised 5-20-71, Amended 7-31-75, 10-1-78, 8-6-81, 11-12-84, 12-17-85, Formerly 13A-1.09, Amended 11-3-88, 1-18-90, 4-10-91, Formerly 13A-1.009, Amended 1-9-95, 7-6-98, 1-2-00, 7-26-04, Formerly 60A-1.009, Amended 4-14-16, Repealed 3-2-17.

Fla. Admin. Code R. 60A-1.047 Alternate Contract Sources of Commodities and Services

History

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.042(16), 287.057(3)(b) FS. History–New 7-11-04, Amended 7-20-16, Repealed 3-2-17.

Fla. Admin. Code R. 60A-1.048 Renewal and Extension

(1) Contracts for commodities or contractual services may be renewed for a period that may not exceed 3 years or the term of the original contract, whichever is longer, in varying increments (e.g., a two-year renewal followed by a four-month renewal) or for a single term (e.g., a two-year renewal). The agency shall document that the renewal is in the best interest of the State and keep such justification in the contract file.

(2) Contracts for commodities or contractual services may be renewed and extended in any sequence or combination.

History

Rulemaking Authority 287.032(2), 287.042(12) FS. Law Implemented 287.057(12), (13) FS. History–New 6-21-04, Amended 4-14-16.

Fla. Admin. Code R. 60A-1.063 Present Value Methodology

History

Rulemaking Authority 287.0572(2) FS. Law Implemented 287.0572(1) FS. History–New 7-11-04, Repealed 10-24-11.

Fla. Admin. Code R. 60A-1.074 Comprehensive Plan to Discontinue the Use of Unapproved Drones

(1) Definitions. Capitalized terms used herein have the same definitions as provided in paragraphs (2)(a) and (7)(a) of Section 934.50, F.S.

(2) Approved Drones. In accordance with Section 934.50(7)(d), F.S., a Governmental Agency that uses any Drone other than those approved drones listed on the Department’s website pursuant to Section 934.50(7)(b), F.S., shall submit to the Department a comprehensive plan for discontinuing the use of such a Drone, as specified in subsection (3) below.

(3) Form. Form PUR 6074, “Comprehensive Plan to Discontinue the Use of Unapproved Drones,” effective 07/2022, is incorprorated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14522 or on the Department’s website at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms, shall be submitted by the Governmental Agency in compliance with the timeline established in Section 934.50, F.S.

History

Rulemaking Authority 934.50(7)(d) FS. Law Implemented 934.50(7)(d) FS. History–New 7-17-22.

Chapter 60A-7 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES (PRIDE)

Fla. Admin. Code R. 60A-7.001 Definitions

History

Rulemaking Authority 287.042(13) FS. Law Implemented 946.515(2) FS. History–New 5-25-93, Repealed 8-24-16.

Fla. Admin. Code R. 60A-7.002 Issuance of Commodity Numbers

History

Rulemaking Authority 287.042(13) FS. Law Implemented 287.042(1)(d) FS. History–New 5-25-93, Repealed 8-24-16.

Fla. Admin. Code R. 60A-7.003 Listings for Term Contracts

History

Rulemaking Authority 287.042(13) FS. Law Implemented 287.042(1)(e) FS. History–New 5-25-93, Repealed 8-24-16.

Fla. Admin. Code R. 60A-7.004 Test, Review, and Evaluation of Corporation Products

History

Rulemaking Authority 287.042(13) FS. Law Implemented 287.042(1)(f) FS. History–New 5-25-93, Repealed 8-24-16.

Fla. Admin. Code R. 60A-7.005 Required Purchase of Corporation Products; Exceptions

History

Rulemaking Authority 287.042(13) FS. Law Implemented 946.515(2), 287.042(1)(f) FS. History–New 5-25-93, Amended 12-31-95, 4-28-99, Repealed 8-24-16.

Fla. Admin. Code R. 60A-7.006 Disputes

History

Rulemaking Authority 287.042(13), 946.515(2), 287.042(1)(f), 120.53 FS. Law Implemented 946.515(2), 287.042(1)(f) FS. History–New 5-25-93, Repealed 8-24-16.

Chapter 60A-8 INCORPORATION

Fla. Admin. Code R. 60A-8.001 Incorporation

History

Rulemaking Authority 217.14 FS. Law Implemented 217.14 FS. History–New 5-31-94, Repealed 10-24-11.

Chapter 60A-9 OFFICE OF SUPPLIER DIVERSITY

Fla. Admin. Code R. 60A-9.001 Definitions

(1) “Department” means the Department of Management Services.

(2) “Secretary” means the Secretary of the Department of Management Services.

(3) “Division” means the Division of Purchasing of the Department of Management Services.

(4) “Office” means the Office of Supplier Diversity of the Department of Management Services.

(5) “Domicile” means the state in which the business has its principal place of business, and as it relates to corporations also means the state under whose laws the corporation was formed.

(6) “Minority” means a lawful, permanent resident of the State of Florida who is:

(a) African American: a person having origins in any of the black racial groups of the African Diaspora.

(b) Hispanic American: a person of Spanish or Portuguese culture with origins in Spain, Portugal, Mexico, South America, Central America or the Caribbean Islands, regardless of race.

(c) Asian American: a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands. “Far East” is defined to include China, Hong Kong, Macao, Japan, Korea, Taiwan and the Philippines. “Southeast Asia” is defined to include Burma, Kampuchea, Laos, Thailand, Vietnam, Malaysia, Brunei, Borneo, Indonesia and Cambodia. “Indian Subcontinent” is defined to include India, Bangladesh, Sikkim, Nepal, Pakistan and Bhutan. “Pacific Islands” is defined to include Micronesia, Polynesia, Melanesia, and the area consisting of the Hawaiian Islands prior to 1778.

(d) Native American: a person who has origins in any of the Indian Tribes prior to 1835.

(e) American woman.

(7) “Small business” is as defined in Section 288.703(1), F.S.

(8) “Minority Business Enterprise” (MBE) is as defined in Section 288.703(2), F.S.

(9) “Origins” means the minority owner’s racial or cultural and geographic derivations, as substantiated by at least one grandparent’s birth, and who can demonstrate that he or she has been subjected historically to disparate treatment due to identification in and with that racial or cultural and geographic group thus resulting in underrepresentation of commercial enterprises.

(10) “Independently operated” means not dependent on the support, influence, guidance, control or not subject to restriction, modification or limitation from a non-minority, except for customary business auxiliary services, e.g., legal, banking, etc.

(11) “Regular dealer” means a firm that owns, operates or maintains a store, warehouse or other establishment in which the material or supplies required for the performance of the contract are bought, kept in stock and regularly sold to the public in the usual course of business. To be a regular dealer, the firm must engage in, as its principal business and in its own name, the purchase and sale of products as defined in Section 287.0943(1)(e)3., F.S. A regular dealer in such bulk items as steel, cement, gravel, stone and petroleum products, does not need to keep such products in stock, if the dealer owns or operates the appropriate distribution facility and/or equipment, either of which shall be used by the business as its primary means to provide and deliver products to customers.

(12) “Sole proprietorship” means a business concern owned by one minority person as defined in Section 288.703(3), F.S.

(13) “Industry” means one of the categories for which a certified minority business goal has been established in Section 287.09451(4)(n), F.S.

(14) “Permanent resident” means a resident whose true, fixed and permanent home and principal establishment is within the State of Florida, who has lived in the State of Florida for at least six (6) months out of the last twelve (12) months and who does not routinely and habitually establish occupancy in a personally owned, mortgaged or leased residence outside of Florida.

(15) “Control” means to direct with primacy or cause the direction of all phases of the management and daily operations of the business, including, but not limited to, standard management practices and principles such as policy development, establishment of personnel reporting lines and operational procedures, problem solving, etc.

(16) “Family member” means any person who is a spouse, parent, step-parent, grandparent, step-grandparent, child, step-child, grandchild, step-grandchild, sibling, half-brother, half-sister, step-brother, step-sister, including adopted persons and those persons who are married to family members.

(17) A “federally recognized Indian Tribe” means an Indian Tribe, Band, Nation, Rancheria, Pueblo, Colony or other organized group or community, including any Alaska Native Village, which is recognized by the Secretary of Interior as having special rights and is recognized as eligible for the services provided by the United States to Indians because of their status as Indians.

(18) “Bureau” means the Bureau of Indian Affairs, U.S. Department of Interior.

(19) “Independently owned” means not owned wholly or in part by any other entity.

(20) “Non-minority” means any person who does not meet the eligibility requirements of a minority person related to ethnicity, race or gender; permanent Florida residency; or origins as defined in Section 288.703(3), F.S.

(21) “Non-minority business” means any business that cannot or does not meet any one of the certification criteria set forth in Rule 60A-9.005, F.A.C.

(22) “Specialties” means the actual services or commodities which the applicant business provides specifically to the State of Florida for purposes of meeting state governmental procurement and contractual needs. Needs are evidenced by class titles and groups as provided in the Commodity and Contractual Services Catalogs of the Division.

(23) “Professional qualifier” means the individual to whom a license has been issued as required by the State of Florida, local governments or any other licensing entity in order for that individual and his/her business to provide goods or services to the public.

History

Rulemaking Authority 120.53, 287.09451, 288.703 FS. Law Implemented 287.0943(7), 288.703 FS. History–New 9-11-96, Formerly 38A-20.001.

Fla. Admin. Code R. 60A-9.002 Minority Business Assistance Utilization Plan

(1) Within the first quarter of each fiscal year, the Office will send a letter requesting agency utilization plans to each agency. Each agency must submit utilization plans to the Office for review and approval within thirty (30) days of the date of the letter of notification, unless otherwise specified by the Office. An agency may request an extension for the submittal of the utilization plan. Agency requests must be in writing, with written documentation justifying the extension. The Office may extend agency plan submittal dates at any time, without a request from the agency if it becomes aware of circumstances affecting any agency that would adversely impact the agency’s ability to comply with this rule. If an extension is granted, the Office shall have forty-five (45) days from the last day of the extension period to approve the agency goals.

(2) The Office will approve an agency’s utilization plan within forty-five (45) days of its receipt of the utilization plan, plus any applicable extensions granted by the Office.

(3) The utilization plan should include, but is not limited to, the following elements:

(a) A statement of the agency’s objectives for accomplishing the goals set forth in Section 287.09451(1), F.S.

(b) An explanation of the methods and procedures to be implemented to meet the goals set forth in Section 287.09451(4)(n), F.S. The explanation shall include, but not be limited to, detailed plans for:

Targeting bid solicitations to certified MBEs;
Reserving contracts for competitive bidding only among certified MBEs;
Setting goals for certified MBE participation as prime contractors and subcontractors on contracts;
Identifying those large contracts that can be divided into small units to afford opportunities for certified MBEs, to the extent possible;

(d) A spending plan that illustrates how the agency plans to subdivide actual industry expenditures by minority status categories. The plan may also identify monies to be spent with certified MBEs in categories where no industry goals are set;

(e) A report of total procurement dollars spent during the previous fiscal year, by industry category;

(f) A report of total dollars spent with certified MBEs, by industry and by minority status categories;

(g) The agency’s determination of the appropriate certified MBE industry dollar base and goals;

(h) Identifying contracts that may be targeted for the utilization of joint ventures, whereby an MBE is a partner that is clearly substantially involved in the ownership, work product, management and control aspects of the joint venture.

History

Rulemaking Authority 120.53, 287.09451 FS. Law Implemented 287.09451(4)(n) FS. History–New 9-11-96, Formerly 38A-20.002.

Fla. Admin. Code R. 60A-9.0021 Determination of MBE Industry Dollar Goal

(1) The agency dollar base for each industry will be the actual year-end expenditures for the previous fiscal year less the amount of all approved exclusions, except for the construction, architectural and engineering industries for which the base will be determined by present year appropriations. The MBE dollar goals will be determined by multiplying the industry dollar base by the total industry goals. Each industry dollar goal will be further divided across the minority status categories set forth in Section 287.09451(4)(n), F.S.

(2) The Office may exclude funds from the base amount when it has determined that an agency is without the authority or discretion to expend the funds with certified Minority Business Enterprises. The spending categories will be identified by SAMAS object code and object type and will be known as exclusions.

(a) No later than thirty (30) days after the start of each fiscal year, the Office will provide each agency with a list of exclusions that have been approved by the Office for the current year and that are applicable to all agencies.

(b) The Office will approve additional agency-specific exclusions on an annual basis. It is the responsibility of each agency to request any additional exclusions and to submit written documentation supporting each exclusion to the Office. Requests for additional exclusions must state the reason that the agency is unable to expend the funds with certified Minority Business Enterprises. Examples of additional exclusions include, but are not limited to, purchases from PRIDE, RESPECT or a single source.

(3) The Office will set MBE dollar goals within forty-five (45) days of its receipt of the utilization plan from the agency. If any extensions have been granted to an agency pursuant to Rule 60A-9.002, F.A.C., the Office will set the goals within forty-five (45) days of the end of the applicable extension period upon receipt of the utilization plan.

(4) In the event of agency budget reductions, the Office shall review budget adjustment requests.

(5) The Office of Supplier Diversity may review any and all solicitations and contract awards of any agency which does not meet its MBE goals in two (2) consecutive or three (3) out of five (5) total fiscal years.

History

Rulemaking Authority 120.53, 287.09451 FS. Law Implemented 287.09451(4) FS. History–New 9-11-96, Formerly 38A-20.0021.

Fla. Admin. Code R. 60A-9.003 State Agency Compliance and Advocacy

(1) For the purpose of determining whether a state agency has met the Minority Business Enterprise goals set forth in Section 287.09451, Florida Statutes, the agency shall receive credit only for funds expended within a certified Minority Business Enterprise’s specialty area.

(2) For the purpose of determining whether a state agency has made a “good faith effort” to comply with the Minority Business Enterprise goals set forth in Section 287.09451, F.S., the Office shall consider the following factors:

(a) Those factors set forth in Section 287.09451, F.S.

(b) The extent to which the agency implemented its Minority Business Enterprise Utilization Plan.

(c) Whether the agency established a list of commodities, construction, architectural and engineering contracts, and services that could be provided by MBEs.

(d) Whether the agency divided bid invitations by dollar amounts, units of production, or duration of contract to facilitate meeting MBE procurement goals set forth in Section 287.09451, F.S.

(e) Whether the agency implemented specific initiatives to encourage MBE participation in its contracting program.

(f) Whether the agency implemented procedures for participation by MBEs on purchases that do not exceed the threshold amount provided in Section 287.017, F.S., for Category Two.

(g) Whether the agency implemented procedures for waiver of bonds for construction contracts under Chapter 255, F.S., for those construction contracts reserved for competitive bidding only amount certified MBEs.

(h) Whether the agency implemented procedures to determine MBE responsiveness to procurement solicitations.

(i) Whether a senior level employee (who is not charged with purchasing responsibility) with appropriate background and experience was designated in the agency as a Minority Business Enterprise assistance officer, and is made responsible for overseeing the agency’s Minority Business Enterprise utilization activities.

(j) Whether the agency negotiated in good faith with interested Minority Business Enterprises or minority persons, not rejecting Minority Business Enterprises or minority persons as unqualified without sound reasons based on a thorough investigation of their capabilities.

(k) Whether the agency utilized certified Minority Business Enterprises in the specialty areas of which they are certified.

(l) Whether the agency attended or participated in trade fairs, conferences, matchmakers and workshops related to MBEs.

(m) Whether the agencies attended training sessions presented by the OSD, where the sessions were designed to improve agency compliance and MBE outreach.

(n) Whether the agency implemented procedures to monitor procurements over category four and to send such procurements to the Office.

(o) Whether the agency has integrated the MBE utilization within the agency’s philosophy as evidenced by the inclusion of the MBE utilization in the performance plan of responsible personnel throughout the agency.

(3) All projects bid and awarded as General Construction projects may require 21% MBE participation even if an MBE is the prime contractor. When bidding project packages by divisions, the MBE must perform at least 51% of the work in order for the agency to receive credit.

(4) Bid language and/or preferences: All bids shall include the following language: The Office of Supplier Diversity has standing to protest, pursuant to Section 287.09451, F.S., in a timely manner, any proposed contract award in competitive bidding for contractual services and construction contracts that fail to include minority business enterprise participation, if any responding bidder has demonstrated the ability to achieve any level of participation, or any contract award for commodities where, a reasonable and economical opportunity to reserve a contract statewide or district level, for minority participation was not executed or, an agency failed to adopt applicable preference for minority participation. Any low bidder with no participation may be deemed not in “good faith.”

(5) 10% Price Preference: A 10% Price Preference may be included on all bids not utilizing the full industry goal available by law, and on those bids that do not have enough certified minorities in that industry class to warrant reservation. The 10% price preference means that if a certified minority business comes within 10% of the lowest responsive bidder, and that bidder is not an MBE, the agency has the authority to award the contract to the MBE.

(6) Weighted Preference Formula: The weighted preference formula may be used on all bids with the industry goal. The formula is not to be altered or changed. The bid specifications must include the language that the weighted formula will be utilized in adjusting bid prices based on MBE participation.

(7) Contract Reservation for MBE participation only: Contracts of less than $500,000.00 may be reserved for MBE participation only, when there are at least two (2) or more qualified and capable MBEs to bid. Contracts of $500,000.00 to $3 million may be reserved for MBE participation only, when there are three (3) or more qualified and capable MBEs to bid. Contracts over $3 million to $10 million may be reserved for MBE participation only, when there are five (5) or more qualified and capable MBEs to bid. Contracts of $10 million or more may be reserved for MBE participation if the OSD and the Agency have determined there is enough competition among certified minority businesses, and that the reservation will enhance the agency’s opportunity for greater MBE participation.

(8) Dividing Contracts: All agencies shall review contracts costing in excess of Category Four and, for the State University System, Category Five, as defined in Section 287.017, F.S., to determine if such contracts could be divided into smaller contracts to be separately bid and awarded, and may, when economical, offer such smaller contracts to encourage minority participation.

(9) Good Faith Effort: In determining whether an agency has made a good faith effort to include minority firms in its purchasing, the office shall follow the factors set out in Section 287.09451, F.S.

(10) Except in emergency acquisition, each agency, thirty (30) calendar days prior to the issuance of a solicitation for proposed procurement exceeding Category Four, and for the Board of Regents and University System, Category Five, shall forward notice of the proposed procurement to the Office after receipt of which the Office shall have twenty (20) calendar days for review.

History

Rulemaking Authority 120.53, 287.09451 FS. Law Implemented 255.102, 287.057(6)(c), 287.09451 FS. History–New 9-11-96, Formerly 38A-20.003.

Fla. Admin. Code R. 60A-9.004 Contractor Compliance

The Office shall determine what constitutes a “good faith effort” for purposes of contractor compliance with contractual requirements relating to the use of services or commodities of a Minority Business Enterprise under Section 287.094(2), F.S. The Office shall consider, but not be limited to the consideration of those factors set forth in Section 287.09451, F.S.

History

Rulemaking Authority 120.53, 287.09451 FS. Law Implemented 287.094, 287.09451 FS. History–New 9-11-96, Formerly 38A-20.004.

Fla. Admin. Code R. 60A-9.005 Certification Eligibility

(1) Applicant businesses shall submit applications for Minority Business Enterprise certification on Form MBE 7500, Application for Minority Business Enterprise Certification, incorporated herein by reference, which can be obtained from the Office.

(2) An applicant business must satisfy paragraphs (a), (b), (c), (d) and (e) below in order to be considered 51 percent owned by minority persons. The ownership exercised by minority persons shall be real, substantial, and continuing, and shall go beyond mere pro forma ownership of the firm as reflected in its ownership documents. In its analysis, the Office may also consider the transferral of ownership percentages with no exchange of capital at fair market value.

(a) The applicant business must satisfy either subparagraphs 1., 2. and 3. below:

In a corporate form of organization, the minority shareholders of the corporation must own at least 51 percent of all issued stock. Minority shareholders who own at least 51 percent of each and every class of stock will be presumed to have met this section of the rule. Where the minority shareholders do not own at least 51% of each class of stock, the applicant shall establish that the aggregate of all stock owned by minority shareholders is equal to at least 51% of all issued shares. The applicant may establish that the aggregate of all stock owned by minority shareholders is equal to at least 51% of all issued shares by:

a. Using the par value of the stock, but only where each class of stock has a par value;

b. Using the fair market value of each class of stock;

c. Showing the numerical ratio of stock ownership where all shares, regardless of class, have the same par value or fair market value; or

d. Employing any other method which can be used to determine the ratio of ownership of all classes of stock and which is approved by the Office, or

In a partnership form of organization, the minority partners must own at least 51 percent of the partnership, or
In any other form of organization, the minority owners must own at least 51 percent of the business interest of the organization, including, but not limited to, 51 percent of the ownership of assets, dividends, and intangible assets such as copyrights and patents.

(b) The minority owners must demonstrate that they share income, earnings, and any other benefits from the business concern which are accorded to any other owner. The minority owners’ share of income, earnings and benefits shall be commensurate with the percentage of their ownership in the business concern, including, but not limited to, salaries, draws, bonuses, commissions, insurance coverage, proceeds from business investments and properties, and profit-sharing, and other benefits.

(c) The minority owners must demonstrate that they share in all the risks assumed by the business firm. Such sharing of business risks shall be demonstrated through the minority owners’ primary role in decision-making, and negotiation and execution of related transaction documents either as individuals or as officers of the business. The minority owners’ sharing in business risks shall be commensurate with their percentage of ownership, including but not limited to, start-up costs and contributions, acquisition of additional ownership interests, third-party agreements, bonding applications and other liabilities. Start-up contributions may be space, cash, equipment, real estate, inventory or services estimated at fair market value. All contributions of capital by the minority owners must be real and substantial. The following are presumed not to be real and substantial capital contributions:

Promises to contribute capital;
Notes payable to the applicant business;
Notes payable to the non-minority owners or to the non-minority family members of any owner; and
Past services rendered by the minority persons as an employee, rather than as a decision-maker.

(d) The business firm cannot at any time enter into any agreement, option, scheme, or create any rights of conversion, which, when exercised, would result in less than 51 percent minority ownership or in the loss of the minority owners’ control of the business firm.

(e) The minority owners shall not have acquired their majority ownership of at least 51 percent of the applicant business through a transferral of ownership occurring within a minimum of two years, when the previous majority ownership interest in the business was by a non-minority who is or was a relative, former employer, or current employer of the minority persons on whom eligibility is based. This requirement shall not apply to minority persons who are otherwise eligible who take a 51 percent or greater interest in a business that requires professional licensure to operate and who will be the qualifying license holder for the firm when certified.

(3) An applicant must establish that the minority owners possess the authority to control and exercise dominant control over the management and daily operations of the business.

(a) The discretion of the minority owners shall not be subject to any formal or informal restrictions (including, but not limited to, by-law provisions, purchase agreements, employment agreements, partnership agreements, trust agreements or voting rights, whether cumulative or otherwise), which would vary or usurp managerial discretion customary in the industry.

(b) If the applicant business is a corporation and the business affairs of the corporation are managed under the direction of a board of directors as provided by the articles of incorporation or bylaws of the corporation or Section 607.0824, F.S., the articles of incorporation or bylaws must explicitly clarify the number of the board of directors for establishing a quorum, or it will be deemed by this office that a quorum of the board of director’s consists of a majority of the number of directors presented by the articles of incorporation or the bylaws.

(c) The minority owners must exercise sufficient management and technical responsibilities and capabilities to maintain control of the business. If the owners of the business who are not minority persons are disproportionately responsible for the operations of the business, then the business is not controlled by minority owners.

(d) The control exercised by the minority owners shall be real, substantial and continuing. In instances where the applicant business is found to be a family-operated business, with duties, responsibilities and decision-making occurring either jointly and mutually among owners and principals, or severally along managerial and operational lines between minority owners and non-minority owners or principals, the minority owners shall not be considered as controlling the business. Where the minority owners substantiate that the assumption of duties is not based on their lack of knowledge or capability to independently make decisions regarding the business’ management and day-to-day operations, but on their execution of delegation of duties the minority owners’ demonstration of control may not be affected. The minority owners shall establish that they have dominant responsibility for the management and daily operations of the business as follows:

The minority owners shall control the purchase of goods, equipment, business inventory and services needed in the day-to-day operation of the business. The minority owners’ control of purchasing shall be evidence of their knowledge of products, brands, manufacturers, types of equipment and products and their uses, etc. rather than merely reflective of the minority owners’ ministerial execution of the ordering/acquisition of goods.
The minority owners shall control the hiring, firing and supervision of all employees, and the setting of employment policies, wages, benefits and other employment conditions. In instances where minority owners have delegated the hiring and firing of employees, the minority owners shall demonstrate that their knowledge and capability is sufficient to evaluate the employees’ performance in the given industry.
The minority owners shall have knowledge and control of all financial affairs of the business. The ability of any non-minority owner or employee to sign checks and enter into financial transactions on behalf of the business shall be considered in determining financial control. The minority owners shall expressly control the investments, loans to/from stockholders, bonding, payment of general business loans, payroll and establishment of lines of credit.
The minority owners shall have managerial capability, knowledge, training, education and experience required to make decisions regarding the operations of the business. In determining the applicant business’ eligibility, the Office will review the prior employment and educational backgrounds of the minority owners, the professional skills, training and/or licenses required for the given industry, the previous and existing managerial relationship between and among all owners, especially those who are familially related, and the timing and purpose of management changes. If the minority owners have delegated management and technical responsibility to others, the minority owners must substantiate that they have caused the direction of the management and the technical responsibilities of the business. When the applicant business provides services which require that the business and/or its professional qualifier be licensed, the minority owner shall hold the requisite license issued by the State of Florida or local licensing entity. The minority license holder, need not be the controlling owner of the business, but must hold an ownership interest.
The minority owners shall display independence and initiative in seeking and negotiating contracts, accepting and rejecting bids and in conducting all major aspects of the business in regard to any and all bidding and contracting. In instances where the minority owners do not directly seek or negotiate contracts, prepare estimates, or coordinate with contracting officials, but claim to approve or reject bids and contractual agreements, the minority owners shall demonstrate that they have the knowledge and expertise to independently make contractual decisions.
The minority owners shall substantiate personal direction and actual involvement with all major aspects of the applicant business. The major aspects shall be defined as those tasks essential to accomplish all objectives and operations related to those services or commodities for which the applicant business requests certification.

(4) To establish that it is a small business concern, the applicant shall:

(a) Demonstrate that it is an independently owned and operated business concern. In assessing business independence, the Office shall consider all relevant factors, including the date the firm was established, the adequacy of its resources, and the degree to which financial, managerial and/or operational relationships exist with other persons and/or business concerns. For purposes of this rule, the Office’s consideration of such financial relationships, managerial and/or operational relationships shall not be affected by arrangements made out of necessity or due to the business’ inability to secure traditional capitalization through banks, lending institutions or others.

(b) Demonstrate that it is not an affiliate of a non-minority business nor share (on an individual or combined basis) common ownership, directors, management, employees, facilities, inventory, financial resources and expenses, equipment or business operations with a non-minority person and/or non-minority owned business concern which is in the same or an associated field of operation.

(c) To establish that it is a small business concern, the applicant shall demonstrate that the net worth of the business concern, together with its affiliates, does not exceed three (3) million dollars and an average net worth after federal income taxes, excluding any carryover losses, for the preceding two years of not more than two (2) million dollars. In determining the net worth of the business and its affiliates, the Office shall consider the most recent annual financial statement for the business and its affiliates, and in the case of sole proprietorships, annual financial statements for the business and the business owner. If no annual financial statement is available, the applicant may submit a financial statement for any quarter during the previous six (6) months. In determining the business’ income, the Office shall consider the two most recent financial statements for the business and/or the most recent federal income tax returns.

(d) To establish that it is a small business concern, the applicant shall provide documentation to demonstrate that it employs 100 or fewer permanent, full-time employees. The number of permanent, full-time employees shall be determined by adding the number of employees the applicant acknowledges to be permanent, full-time employees to the number of permanent positions the applicant needs in order to carry out its business. The number of permanent positions the applicant needs to carry out its business is based upon the quantity of work performed and the annual gross receipts of the business concern. In determining whether the applicant meets this criteria, the Office shall consider such documentation as:

Personnel Records.
Florida Quarterly Unemployment Reports.
Annual Federal Unemployment Report.
Payroll Ledgers.

(5) The applicant must demonstrate that it is domiciled in Florida. In determining whether the applicant is domiciled in Florida, the Office shall consider such documentation as:

Articles of Incorporation.
Partnership Agreement.
Certification required to be filed pursuant to Section 620.108, F.S.
Business Licenses.

(6) The applicant business must demonstrate that it is at least 51% owned by minority persons who are permanent residents of Florida.

(a) In establishing the permanent Florida residency of the minority owners, the documentation the Office shall consider includes, but is not limited to, the following:

Homestead exemption.
Voter registration.
Driver license.
Department of Veteran’s Affairs Identification Card.
Florida intangible tax returns.
Declaration of Florida residency for purposes of filing Federal tax return.
Declaration of domicile filed pursuant to Section 222.17, F.S.
The applicant business must provide evidence of the minority status of owners who are claiming to be minority persons.

(b) In determining the ethnicity of a person, the Office shall consider any of the following:

Birth certificate.
Passport.
Citizenship papers.
Driver license.
Voter registration card.
Death certificate.
Membership or eligibility for membership in a federally recognized Indian tribe.
Membership or eligibility for membership in an Indian tribe recognized by the Government of Canada.
A letter issued by the Bureau which certifies eligibility to share in a distribution of judgement funds resulting from an aboriginal land claims settlement, i.e., docket number.
An Alaskan Native Corporation Shareholder Certificate.
A Schedule of the U.S. Census, complete with year, book and page number.
Tribal registration.
Any other documentation that tends to substantiate the person’s claim of minority status.

Birth certificate.
Passport.
Citizenship papers.
Driver license.
Voter registration card.
Any other documentation that tends to substantiate the person’s claim of minority status.

(d) When determining a person’s origins, the Office may consider documentation clearly establishing a direct line of descent.

Such documentation may include:

a. Marriage licenses.

b. Divorce decrees.

c. Adoption papers, to show the adopted person’s original, not adopted, origins.

d. Court orders which have the effect of changing a person’s name.

The Office is not required to, but may consider as supporting documentation, the following:

a. An Affidavit, except that of an official of the federal government, a state government or a municipality.

b. A “family tree” or “family chart”.

(7) The applicant business shall establish that it is currently performing a useful business function in each specialty area requested by the applicant. For purposes of this rule, “currently” means as of the date of the Office’s receipt of the application for certification. The applicant business must also be currently providing goods and/or services to customers other than state agencies. The applicant business is considered to be performing a useful business function when it is responsible for the execution of a distinct element of the work of a contract and carrying out its responsibilities in actually performing, managing and supervising the work involved. The useful business function of an applicant business shall be determined in reference to the products or services for which the applicant business requested certification on the Form MBE 7500. When the applicant business is required by law to hold a license, other than an occupational license, in order to undertake its business activity, the applicant business shall not be considered to be performing a useful business function unless it has the required license(s).

(a) In determining if an applicant business is acting as a regular dealer and that it is not acting as a conduit to transfer funds to a non-minority business, the Office shall consider the applicant business’ role as agent or negotiator between buyer and seller or contractor. Though an applicant business may sell products through a variety of means, the Office shall consider the customary and usual method by which the majority of sales are made in its analysis of the applicability of the regular dealer requirements. Sales shall be made regularly from stock on a recurring basis constituting the usual operations of the applicant business. The proportions of sales from stock and the amount of stock to be maintained by the applicant business in order to satisfy these rule requirements will depend on the business’ gross receipts, the types of commodities sold, and the nature of the business’ operations. The stock maintained shall be a true inventory from which sales are made, rather than be a small stock of sample, display, or surplus goods remaining from prior orders. Consideration shall be given to the applicant’s provision of dispensable services or pass-through operations which do not add economic value, except where characterized as common industry practice or customary marketing procedures for a given product. An applicant business acting as broker or packager shall not be regarded as a regular dealer absent a showing that brokering or packaging is the normal practice in the applicant business’ industry. Manufacturer’s representatives, sales representatives and non-stocking distributors shall not be considered regular dealers for purposes of these rules.

(b) Documentation to substantiate a useful business function may include but not be limited to the following:

Executed purchase orders.
Executed invoices.
Executed contracts.

History

Rulemaking Authority 120.53, 287.0943, 287.09451(4)(m) FS. Law Implemented 287.0943(1)(e), 288.703 FS. History–New 9-11-96, Formerly 38A-20.005.

Fla. Admin. Code R. 60A-9.006 Certification Review Procedures

(1) Upon receipt, all applications shall be given an initial screening to ensure appropriate signature and completeness. The application must bear the signature of the minority owner who is submitting the application for review.

(2) Within thirty (30) days following initial receipt of the application, the Office will request the applicant business to furnish omitted items or additional information. If all requested information or items are not received by the Office within thirty (30) days from the date of the request, the Office will close the file within the Office unless the reason for the delay is received and accepted by the Office, at which time a one-time extension may be granted. The applicant may request a reactivation of the file within six months of closure date, and shall at that time provide current, update information for the file, as well as any outstanding requested information. If the applicant makes a request to activate the file six months after closure, a new and complete application must be submitted.

(3) The on-site verification review may be conducted by the Office upon receipt of the completed application. Failure to cooperate with the scheduling of the on-site review or during the on-site review may result in the denial of the application.

(4) Applicants determined eligible shall receive a certification letter stating the length of time for which the business has been certified, the specialty areas of the business, the minority status categories in which the business is certified, and the business’ responsibilities set out in Section 287.0943(1), F.S. Only specialty areas which are confirmed as being of need and interest to the State in meeting its contractual and/or procurement needs will be considered as specialties for consideration in granting certification. Once certified, an applicant shall remain certified for a period of one (1) year.

(5) Applicants determined ineligible shall receive a letter stating the basis for denial of certification, citing applicable rules and notice of right to hearing. Applicants shall not be eligible to submit new applications until six (6) months after the Commission’s final agency order is entered denying certification if a hearing has been conducted; or until six (6) months have passed from receipt of notification and no hearing is requested.

History

Rulemaking Authority 120.53, 287.0943(14) FS. Law Implemented 287.0943 FS. History–New 9-11-96, Formerly 38A-20.006.

Fla. Admin. Code R. 60A-9.0061 Recertification Review Procedures

(1) Applications for recertification shall be submitted using Form MBE 7501, Affidavit for Minority Business Enterprise Recertification, which is hereby incorporated by reference. The form may be obtained from the Office.

(2) The Office will notify the certified Minority Business Enterprise no later than sixty (60) days before the end of the recertification period. If the minority owner is unable to use the recertification affidavit because changes in the applicant business have occurred, the minority owner shall notify the Office in writing as instructed by Form MBE 7501. Recertification forms must be filed in the Office no later than the last effective date of the current certification period. Recertification forms received after the expiration of the certification period shall not be considered, unless the reason for the delay is accepted and approved by the office, at which time a one-time extension of time may be granted.

(3) Upon receipt, all recertification forms shall be given an initial screening to ensure appropriate signature and completeness. Within thirty (30) days following initial receipt of the applicant’s recertification form, the Office will request the applicant to furnish omitted or additional information. If the requested information or items are not received by the Office within thirty (30) days from the date of the request, the Office may close the file and remove the applicant from the certified Minority Business Enterprise directory. The applicant may request a reactivation of the file for recertification within six months of closure date, and shall at that time provide current, update information for the file, as well as any outstanding requested information. If the applicant makes a request to activate the file six months after closure, a new and complete application must be submitted.

(4) The on-site verification review may be conducted by the Office upon receipt and review of the recertification form. Failure to cooperate with the scheduling of the on-site review or during the on-site review may result in the denial of recertification.

(5) Recertification shall be granted when the applicant has complied with this rule and substantiates eligibility for Minority Business Enterprise status as set forth in Rules 60A-9.001 and 60A-9.005, F.A.C.

(6) Applicants deemed eligible shall receive a recertification letter stating the length of time for which the business is certified, the specialty areas of the business, the minority status categories in which the business is certified, and the business’ responsibilities as set out in Section 287.0943, F.S. Once recertified, an applicant shall remain certified for a period of one (1) year.

(7) Applicants determined ineligible shall receive a letter stating the basis for the denial of recertification and shall not be eligible to submit a new application for certification for six (6) months after the date of the notice of denial of recertification or, in the event a hearing is held, six (6) months after the Commission’s final agency order denying recertification is entered.

(8) If an application for recertification is timely submitted, a certified MBE shall remain certified until the Office has made a determination of eligibility.

(9) Applicant businesses failing to submit Form MBE 7501 as required by subsection (2) of this section, shall not be considered certified immediately subsequent to the anniversary date of the last certification. Applicant businesses shall receive written notification of the expiration of prior certification.

History

Rulemaking Authority 120.53, 287.09451(4)(m) FS. Law Implemented 287.09451, 288.703 FS. History–New 9-11-96, Formerly 38A-20.0061.

Fla. Admin. Code R. 60A-9.0062 Revocation

History

Rulemaking Authority 120.53, 287.0943(14), 287.09451 FS. Law Implemented 287.09451 FS. History–New 9-11-96, Formerly 38A-20.0062, Repealed 3-2-17.

Fla. Admin. Code R. 60A-9.0063 Application for Additional Areas of Certification

(1) Any business that is currently certified shall submit Form MBE 7502, Application for Certification of Amended Specialties, when requesting certification as a Minority Business Enterprise in additional specialty areas. Form MBE 7502 is incorporated herein by reference. The Form can be obtained from the Office.

(2) Upon receipt, all MBE 7502 forms shall be given an initial screening to ensure appropriate signature and completeness. Within thirty (30) days following initial receipt of the form, the Office will request the applicant business to furnish omitted or additional information. If all the requested information or items are not received by the Office within thirty (30) days from the date of the request, the Office will close the file on the applicant business certification as a Minority Business Enterprise in the requested additional specialty areas. The applicant may request a reactivation of the file for additional specialty areas within six months of closure date, and shall at that time provide current, update information for the file, as well as any outstanding requested information. If the applicant makes a request to activate the file six months after closure, a new and complete application must be submitted.

(3) The on-site verification review may be conducted by the Office upon receipt and review of the form. Failure to cooperate with the scheduling of the on-site review or during the on-site review shall result in the denial of certification in the requested additional specialty areas.

(4) Certification in the additional specialty areas shall be granted when the applicant business has complied with this rule and substantiates eligibility for Minority Business Enterprise status as set forth in Rules 60A-9.001 and 60A-9.005, F.A.C.

(5) Applicant businesses determined eligible shall receive a certification letter stating the length of time for which the business has been certified, all the specialty areas of the business, the minority status categories in which the business is certified, and the business’ responsibilities.

(6) Applicant businesses determined ineligible shall receive a letter stating the basis for the denial of certification in the additional specialty areas and shall not be eligible to submit a new application for certification in those additional specialty areas for six (6) months after the date of the notice of denial of certification or the Department’s final agency order denying certification.

(7) Submittal of a Form MBE 7502 or certification in additional specialty areas shall not extend the applicant business’ original certification period.

History

Rulemaking Authority 120.53, 287.0943 FS. Law Implemented 287.0943 FS. History–New 9-11-96, Formerly 38A-20.0063.

Fla. Admin. Code R. 60A-9.007 Administrative Hearings

History

Rulemaking Authority 120.53, 287.0943 FS. Law Implemented 287.0943 FS. History–New 9-11-96, Formerly 38A-20.007, Repealed 3-2-17.

Division 60FF1 Emergency Communications Board

Chapter 60FF1-5 EMERGENCY COMMUNICATIONS BOARD

Fla. Admin. Code R. 60FF1-5 EMERGENCY COMMUNICATIONS BOARD

CHAPTER 60FF1-5 EMERGENCY COMMUNICATIONS BOARD 60FF1-5.001 Requirements for Sworn Invoices and Cost Recovery Proposals Submitted by or on Behalf of Wireless Service Providers (Repealed) 60FF1-5.002 Rural County Grants 60FF1-5.003 911 Grant Programs 60FF1-5.0035 Florida 911 Reporting Forms 60FF1-5.004 Requirements for Remittance of the Public Safety Emergency Communications System (“Fee”) Submitted by or on Behalf of Wireless and Non-Wireless Service Providers 60FF1-5.005 Emergency Grants 60FF1-5.006 Requirements for County Carry Forward Funds and Excess Funding 60FF1-5.007 Requirements for T1 and Primary Rate Interface Fee Remittance Submitted by or on Behalf of Non-wireless Service Providers (Repealed) 60FF1-5.008 Public Comment 60FF1-5.010 Fee Allocation (Repealed) 60FF1-5.011 Text to 911 (Repealed) 60FF1-5.012 Training/Regional Planning Reimbursement 60FF1-5.013 Call Handling System Maintenance 60FF1-5.001 Requirements for Sworn Invoices and Cost Recovery Proposals Submitted by or on Behalf of Wireless Service Providers. Rulemaking Authority 365.172(6)(a)11. FS. Law Implemented 365.173(2)(d) FS. History–New 12-20-09, Formerly 60FF-5.001, Repealed 10-1-23. 60FF1-5.002 Rural County Grants. The Rural County Grant program is a semi-annual grant program provided for the purpose of assisting rural counties, as defined by Section 365.172(3)(bb), F.S., with the installation and maintenance of 911 systems. (1) Eligibility. Any Board of County Commissioners in the State of Florida, with a county population of fewer than 75,000 is eligible to apply. Two or more rural counties may apply for a joint grant, but each county must complete and submit an individual Form 6A “County E911 Fiscal Information.” (2) General conditions. (a) Each rural county applying for rural county grant funds shall complete and submit W Form 1A, “911 Rural County Grant Program Application,” revised 9/2023, which is incorporated herein by reference and which may be obtained from the E911 Board office at the following address: http://www.flrules.org/Gateway/reference.asp?No=Ref-16516 or State of Florida Emergency Communications Board ATTN: 911 Communications Section 4030 Esplanade Way, Suite 135 Tallahassee, Florida 32399-0950 The applicant must provide the completed, signed Application Form, and the related procurement documents. The grant application package must be postmarked or delivered by hand or email to: E911BoardElectronicGrantReports@dms.fl.gov on or before April 1 or October 1 of each year, dependent on the spring or fall application period. If the due date falls on a weekend or holiday, the due date will be the next business day. (b) Priorities for awarding of grants will be determined by the Board. Grant priorities may be adjusted by the Board and published with the grant application package three months prior to the application submission date. The grant priority list is available as an addendum with the grant application at the start of each grant cycle at the address shown in paragraph (2)(a), above. (c) The amount and availability of funds in the Trust Fund for allocation each year is subject to an annual appropriation by the Legislature. The Board will adjust the funds awarded to a rural county based upon eligibility of requested items, published quotes, increased effectiveness of grant funds, minimum system requirements for performing the needed 911 function as specified in the State 911 plan, or documented factors provided in the grant application submission. (3) The Rural County Grant program will operate on the following two schedules: (a) Spring Schedule:

Counties submit applications: by April 1;
E911 Board evaluates applications: April – May;
Board votes on applications at regularly scheduled meetings: April – June;
Board sends notification of award before June 30;
Maintenance service period: One year
Implementation period: One year from the award notification letter date;
Expiration of the right to incur costs: Two years from the award notification letter date. (b) Fall Schedule:
Counties submit applications: by October 1;
E911 Board evaluates applications: October – November;
Board votes on applications at regularly scheduled meetings: October – December;
Board sends notification of award before December 30.
Maintenance service period: One year
Implementation period: One year from the award notification letter date;
Expiration of the right to incur costs: Two years from the award notification letter date. (4) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rule making process five years from the effective date. Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.173(2)(f), 365.172(9)(a), (b), (c) FS. History–New 12-7-08, Amended 10-19-09, 4-15-10, 10-27-10, Formerly 60FF-5.002, Amended 7-17-11, 2-7-12, 9-2-12, 1-30-14, 12-21-14, 9-23-15, 5-31-16, 10-11-21, 4-2-24. 60FF1-5.003 911 Grant Programs. The Board assists Florida with the installation of Enhanced 911 (E911), Phase II and Next Generation 911 systems. (1) Eligibility. Any Board of County Commissioners in the State of Florida. In addition, a group of counties or a region may apply for a grant. (2) General conditions. (a) Each county, group of counties or region and each county therein, applying for E911 State Grant funds shall complete and submit W Form 3A, “911 Grant Programs,” revised 01/2025, which is incorporated herein by reference and which may be obtained from the E911 Board office at the following address: http://www.flrules.org/Gateway/reference.asp?No=Ref-17970, or State of Florida Emergency Communications Board ATTN: Administrative Staff 4030 Esplanade Way, Suite 135-F Tallahassee, Florida 32399-0950 The applicant must provide the completed, signed Application Form, and related procurement documents, electronically through the portal at https://publicsafety.fl.gov/start/#/login, or by email at ECBSubmissions@dms.fl.gov, on or before the submission date specified in the Board notification of a State E911 Program as published in the Florida Administrative Register. (b) Priorities for awarding of grants will be determined by the Board. Grant priorities may be adjusted by the Board and published with the grant application package three (3) months prior to the application submission date. The grant priority list is available as an addendum with the grant application at the start of each grant cycle. (c) The amount and availability of funds in the Trust Fund for allocation each year is subject to an annual appropriation by the Legislature. The Board will adjust the funds awarded based upon the availability of funds, eligibility of requested items, published quotes, increased effectiveness of grant funds, minimum system requirements for performing the needed E911 function as specified in the State 911 plan, or documented factors provided in the grant application submission. (d) Funding requests must include all necessary costs required for full implementation of the proposed solution including that of any third party. Should the county grant application request or grant award be less than the projected cost of the equipment or service, the county should provide verification of the ability to fund the difference. Pricing submitted cannot be contingent upon “yet to be” determined fees for products and services by the proposer or any other third party required for implementation. (e) Responsibility for grant funding and any failure to perform the minimum level of service required by the grant application and the application scope of work cannot be transferred from the County. Failure to perform the scope of work or expenditure of funds for other than allowable 911 costs as stated in the grant application shall require the county to return the awarded funds to the Board. Rulemaking Authority 365.172(6)(a)12. FS. Law implemented 365.172(6)(a)3., 365.173(2), 365.172(9)(a), (b), (c) FS. History–New 12-7-08, Amended 10-27-10, Formerly 60FF-5.003, Amended 8-25-11, 9-2-12, 10-22-13, 8-31-14, 9-23-15, 5-31-16, 1-10-18, 6-26-19, 2-23-21, 9-23-21, 10-2-23, 4-13-25. 60FF1-5.0035 Florida 911 Reporting Forms. The following 911 forms are approved for use in grant and financial reporting and can be obtained by mail from the State of Florida E911 Board, ATTN: Administrative Staff, 4030 Esplanade Way, Tallahassee, FL 32399-0950. (1) The Budget Report (06/2021), which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13526; (2) The Quarterly Status Report (06/2023), which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15952; (3) The Change Request (06/2021), which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13528; (4) The Financial Reimbursement of Expenditures Report Form (06/2021), which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13530. (5) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date. Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.172, 365.173 FS. History–New 9-27-21, Amended 10-2-23. 60FF1-5.004 Requirements for Remittance of the Public Safety Emergency Communications System (“Fee”) Submitted by or on Behalf of Wireless and Non-Wireless Service Providers. (1) All non-wireless and wireless service providers shall remit fees pursuant to Section 365.172(8), F.S. (2) The E911 fee rate is established based on Section 365.172(8)(f), F.S., and may be adjusted by the Board in accordance with Sections 365.172(8)(g) and (h), F.S. The Board posts the rate on its website in the “Fee Collection and Distribution document.” (3) Fees shall be submitted to the Board within 60 days after the end of the month in which the fee was billed, together with a monthly report of the number of service identifiers in each county. The information shall be submitted to the Board at the following address: E911 Services P.O. Box 6750 Tallahassee, Florida 32314-6750. (a) For service providers collecting less than $50 per month of total fee remittances, The Board will not take collection action provided the reports and fee remittance are received on a quarterly basis. (b) All service providers providing fee remittance for 911 or E911 service disbursements pursuant to Section 365.172(8)(f), F.S., shall provide the following information with the fee remittance. The information shall be provided in the appropriate categories, either the wireless, non-wireless LEC, non-wireless VoIP or non-wireless Specialty categories. This information shall be provided in a form format referred to as a Emergency Communications Services Fund Remittance Report. The form shall include:
Service provider’s name and address: Contact person: Contact Phone Number: Email Address;
Date remittance report;
Service collection period;
Itemization of fee remittance revenue per county, including:
1. County; (if the county information is not available, the remittance should include a statement from the service provider that the county location information is not available)
2. Total Subscribers; each provider shall report the number of service identifiers for subscribers, or access lines billed based on the county;
3. Gross Fees Collected;
4. 1% Provider Allowance;
5. Additional Adjustment;
6. Billing Adjustment;
7. Uncollected;
8. Comment or description of any adjustment or other pertinent notation; and
9. Net Fees Collected.
Remittance Check Amount, Check Date, and Check Number; and
The following certification shall be a part of the form: These amounts are submitted in compliance with Sections 365.172, 365.173 and 365.174, F.S., along with ordinances and definitions held within. Under penalties of perjury, I declare that I have verified the foregoing and the amounts alleged are true, to the best of my knowledge and belief. (c) Fee Remittance Definitions:
Total Subscribers: The number of billed service-identifiers, as described in Section 365.172(8), F.S., subject to the fee. (Item (2)(b)4.b.)
Gross Fees Collected: A calculated quantity equal to the product of the “subscribers” and the fee, plus any “billing adjustment,” minus the “uncollected.” (Item (2)(b)4.c.)
1% Provider Allowance: The 1 percent amount of the fees collected and retained by the provider as reimbursement for the administrative costs incurred by the provider to bill, collect, and remit the fee, as described in Section 365.172(8), F.S. It is deducted from the “gross fees collected,” in the calculation of the “net fees collected.” (Item (2)(b)4.d.)
Additional Adjustment: An adjustment enabling service providers to correct errors in previous monthly remittances that are not subject to the “1 percent provider allowance.” (Item (2)(b)4.e.)
Billing Adjustment: An adjustment, provided to reconcile differences between the service provider’s actual fees collected and the product of the “subscribers” and the fee. Enables corrections to the amounts billed to subscribers caused by new subscriber partial billing issues. (Item (2)(b)4.f.)
Uncollected: The amount billed by the service provider that was not collected. Enables resolution of differences between the service provider’s actual fees collected and the product of the “subscribers” and the fee. (Item (2)(b)4.g.)
Net Fees Collected: Revenues derived from the fee levied on subscribers in Section 365.172(8), F.S., that must be delivered to the Board for deposit by the Board into the Emergency Communications Number E911 System Fund. It is equal to the “gross fees collected,” minus the “1 percent provider allowance,” plus any “additional adjustment.” (Item (2)(b)4.i.) (d) In lieu of submitting a signed Emergency Communications Services Fund Remittance Report, it can be electronically transmitted to the Board’s email address: E911BoardElectronicRemittanceReports@dms.fl.gov. (e) New or existing service providers providing new services in a new service category shall provide registration notification to the Board. Notification shall include the provider’s name, contact person, address, contact phone number and email address for the staff notification and inquires. Notification is also required for any provider utilizing different business names. Notification will also include the category of service that will be provided; e.g., either wireless, non-wireless VoIP, or non-wireless specialty categories. (f) Third party companies submitting fee remittances on behalf of wireless and non-wireless service providers shall provide a contact person, address, contact phone number and email address on fee remittance information to respond to all Board Staff inquiries about the fee remittance. (4) The service providers shall provide their company contact person, address, contact phone number and email address on fee remittance information to explain any irregularities noticed in the monthly fee remittance submittals. In the event of multiple irregularities or failures to submit the fee remittances in a timely manner, the provider’s representative will be encouraged to attend the Board meeting, either in person or via teleconference, to explain these issues. (5) Service providers that fail to collect or deliver collected fee revenue and remittance information within the 60-day submission time frame shall be subject to collection costs required to obtain the fee revenue and lost interest revenue, calculated in accordance with Section 55.03, F.S., on the unpaid fee revenues due. The one percent provider allowance will be applied to offset the total amount of collection costs and lost interest due to the Board, and the service provider shall be obligated to the Board for any remaining balance due. (6) A service provider may request relief from the monetary obligations resulting from its noncompliance by showing good cause in writing explaining in detail the facts and circumstances purporting to excuse its noncompliance. The service provider’s representative will be encouraged to appear, either in person or via teleconference, at the next ensuing Board meeting to present its position and answer any questions from the Board. The Board, in the exercise of its powers enumerated in Sections 365.172(5) and (6), F.S., shall consider the facts and circumstances and determine whether relief is justified to avoid imposition of a substantial hardship or a violation of the principles of fairness, and whether relief would serve the purpose of Sections 365.172, 365.173, 365.174, F.S., and particularly Section 365.172(8), F.S. Rulemaking Authority 365.172(6)(a)12. FS. Law Implemented 365.172(8) FS. History–New 11-16-10, Formerly 60FF-5.004, Amended 11-3-15. 60FF1-5.005 Emergency Grants. The E911 Emergency Grant program is a grant program establishing an expedited schedule for approval of grants, provided to assist counties with the emergency restoration of Enhanced 911 throughout the State of Florida resulting from natural and man-made disasters or events. (1) Eligibility: Any Board of County Commissioners in the State of Florida. (2) General conditions: (a) Each County applying for Emergency grant funds shall complete and submit W Form 5A, “Application for the Emergency Communications Emergency Grant Program,” effective 1/2024, which is incorporated herein by reference and which may be obtained from the E911 Board office at the following address: http://www.flrules.org/Gateway/reference.asp?No=Ref-16517; or State of Florida Emergency Communications Board ATTN: 911 Communications Section 4030 Esplanade Way, Suite 135 Tallahassee, Florida 32399-0950 The applicant must provide one original of the pages for Application Form items 1 through 14 and the associated quotes for the grant application. (b) Hosted 911 answering point call-taking equipment and network services, recurring network and circuit costs, equipment maintenance and warranty costs will not be funded on more than an annual basis. Warranty and maintenance costs shall be calculated to account for only the first year warranty and maintenance costs and shall not include upfront maintenance costs to reduce the yearly service amount. (c) Equipment procurement shall be based on the county’s purchasing requirement and the applicable State purchasing requirements specified in Chapter 287, F.S., and the requirements of Section 112.061, F.S. (d) Grant applications totaling $35,000.00 or more must be accompanied by at least three written substantiated competitive quotes from different vendors. The E911 Board will compare the three quotes to any existing state contract in order to determine appropriate funding. Any county that has made a good faith effort to obtain three competitive quotes and has not been able to obtain the quotes can request E911 Board review based on substantiated proof of request for quotes or posting of the request with documentation of the limited responses. (e) If the grant application does not exceed the threshold amount of $195,000, the county can initiate a request for sole source funding. Sole source funding will be approved on a case-by-case basis. Justification and documentation for sole source funding shall be provided with the application. Sole source funding will be approved if provided in accordance with Chapter 287, F.S., or with provision of a letter from the county’s purchasing department that the project is a sole source procurement based on the county’s purchasing requirements, which shall be provided with this grant application. (f) Priorities for awarding of grants will be determined by the E911 Board. Grant priorities may be adjusted by the Board and published with the grant application package three (3) months prior to the application submission date. The grant priority list is available as an addendum with the grant application at the start of each grant cycle at the address shown in paragraph (2)(a), above. (g) No grant money will be awarded to be used for the purpose of paying call takers’ salaries. (h) Two or more rural counties may apply for a joint grant, but each county must complete and submit W Form 5A as requested and indicated. (i) Grant funds shall be provided on a cost reimbursement basis. Grant funds shall be deposited in a bank account maintained by the grantee county, and each grant shall be assigned a unique accounting code designation for deposits, disbursements, and expenditures. All funds in the account shall be accounted for separately from other grantee funds. Grant funds may be used only between the beginning and ending dates of the grant, unless an extension is requested and authorized by the E911 Board. Extension of time will not be granted unless the county has executed a contract for the grant equipment and/or services, or demonstrates good cause for failure to execute a contract within twelve months of award. Grant extensions shall be limited to a maximum of one additional year when approved by the Board. (j) Upon written request and accompanying documentation justifying the need, a county may receive payment of funding with a completed Expenditures Reporting Form, with the vendor invoice, and county certification that the specific grant items including all tasks and deliverables included in the funding request are complete. Within 45 days of receipt of funding, the grantee shall submit verification of payment to the vendor. (k) Grant awards may be terminated in whole or in part by Board, with the consent of the grantee, in which case the two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. Grant awards may be terminated by the grantee upon written notification to the Board, detailing the reasons for such termination, the effective date, and return of all funding. (l) Grantee counties must submit quarterly reports to the E911 Board, summarizing the expenditures and activities of the grant funds. The reports are due 30 days after the end of the reporting period, which ends March 31 and June 30, September 30, December 31. In lieu of submitting a signed quarterly Grant Budget/Expenditure Report form, Quarterly Report Forms, Request for Change Forms, and Final Report Forms and associated information should be emailed to E911 Board-ElectronicGrantReports@dms.myflorida.com. The quarterly and final reports will be considered late if not received by the Board Staff prior to the next scheduled Board Meeting after the due date. Quarterly reports, change requests and final reports shall be signed by the county 911 coordinator. Emailed reports from the county 911 coordinator shall be considered as meeting this signature requirement. (m) At project completion, a final report shall be submitted based on the same reporting periods described above. The County shall determine the final completion date based on the final payment date or the initiation date of the warranty period. Final supporting documentation including copies of all expenditures and corresponding invoices shall be submitted within 90 days of the final report. (n) The County’s Board of County Chairperson shall be notified when overdue quarterly reports, final document and final reports are not received before the next E911 Board meeting following the month after the end of the quarter in which they are due. (o) Funding continuance will be based on timely submission of quarterly reports. (p) Grant awards will be withheld for any county that has a grant with a past-due quarterly report or past-due final documentation and closeout, of previous E911 Board grant awards. (q) Responsibility for property and equipment obtained under a grant cannot be transferred under any circumstances. If a sale or transfer of such property or equipment occurs within five years after a grant ends, funds must be returned on a pro rata basis. (r) Responsibility for grant funding and any failure to perform the minimum level of service required by the grant application and the application scope of work cannot be transferred under any circumstances from the County. Failure to perform the scope of work or expenditure of funds for other than allowable 911 costs as stated in the grant application shall require the county to return the awarded funds to the E911 Board. (s) The amount and availability of funds in the Trust Fund for allocation each year is subject to an annual appropriation by the Legislature. The E911 Board will adjust the amount awarded to a county based upon the availability of funds, eligibility of requested items, published quotes, increased effectiveness of grant funds, minimum system requirements for performing the needed E911 function as specified in the State E911 plan, or documented factors provided in the grant application submission. (3)(a) E911 Emergency Grant Program Schedule – Following the natural and man-made disasters or events and submission of the grant application, the E911 Board will hold an emergency meeting in accordance with Rule 28-102.003, F.A.C., for the purpose of acting upon emergency matters affecting the public health, safety or welfare. (b) Schedule:
Counties submit applications: Event.
E911 Board evaluate applications: Within 5 days.
Board votes on applications to fund at regularly scheduled meeting: Within 5 days.
Board sends notification of award and issuance of checks to counties approved for funding: Within 10 days.
Implementation period: One year from award notification letter date.
Expiration of the right to incur costs: Two years from award notification letter date. (4) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date. Rulemaking Authority 365.172(6)(a)12. FS. Law implemented 365.172(6)(a)3.b., 365.173(2)(f), 365.173(2)(h) FS. History–New 10-19-09, Amended 10-27-10, Formerly 60FF-5.005, Amended 1-18-15, 4-2-24. 60FF1-5.006 Requirements for County Carry Forward Funds and Excess Funding. (1) This rule implements the carry forward provision in Section 365.173(2)(d), F.S. All boards of county commissioners shall return funds not used by the county in accordance with this rule. (2) General conditions: All counties shall provide financial information on the county fiscal year fee revenues received, the county fiscal year Emergency Communications expenditures and the carry forward amount for the county fiscal year. The information shall be provided on the E911 Board Form 6A, “County E911 Fiscal Information,” (revised 04/2020), which is incorporated herein by reference and may be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-12015 on the Florida E911 website at URL http://florida911.myflorida.com, or from the Emergency Communications Board office at the following address: State of Florida Emergency Communications Board Attn: Administrative Assistant 4030 Esplanade Way, Suite 135-F Tallahassee, Florida 32399-0950 (3) Definitions. (a) Fixed Capital Outlay: Real property (land, buildings, including appurtenances, fixtures and fixed equipment, structures, etc.), including additions, replacements, major repairs, and renovations to real property which materially extend its useful life or materially improve or change its functional use and including furniture and equipment necessary to furnish and operate a new or improved facility. (b) Operating Capital Outlay: Equipment, fixtures and other tangible personal property of a non-consumable nature and has a normal expected life of one year or more. (c) Capital Improvements: Improvement costs increasing the useful life or value of the asset. Capital improvements are accounted for as assets and do not include deductible minor improvements or repairs which are expenses. These items can include building modifications necessary to maintain the security and environmental integrity of the Public Safety Answering Point (PSAP) and E911 equipment rooms specifically listed in Section 365.172(10)(c), F.S. (d) Equipment Replacement: Replacement of 911 equipment specifically listed in Section 365.172(10)(c), F.S., as allowable expenditures. (e) “Implementation of a hosted system” includes costs associated with initial start-up and continuing provision of a hosted system that meets industry accepted standards. (f) Services include systems and functionality such as database maintenance, next-generation 911 network services, next-generation 911 database services, the installation of network equipment or communication devices within the PSAP, and all other services that are provided remotely to a PSAP. (4) Carry forward funding may be used for fixed and operating capital outlay, capital improvements, equipment replacement, implementation of hosted systems, and services. (5) Carry Forward Funding and Excess Recovery Parameters: The county shall determine the calculated total fee revenue funding disbursed to the county by the Emergency Communications Board during a county fiscal year. (a) The 30 percent limitation does not apply to funds disbursed to a county through:
E911 State and Federal Grant Program;
Emergency Grant Program;
Rural County Grant Program;
Rural County Supplemental Disbursement Program.
Special Disbursement – disbursed under Section 365.172(6)(a)3.e., F.S. (b) When determining carry forward, a county’s authorized E911 expenditures equals the total of the E911 fee expenditures and the county revenue expenditures for authorized E911 expenditures. E911 project costs shall be included in the current year authorized E911 expenditures if the project is under contract or signed letter from the County Finance Department specifying funds obligated to a future project. (6) Excess recovery. (a) Any excess county fiscal year E911funding greater than the county’s total expenditures for permissible E911 costs described in paragraph (4)(b), including the 30 percent carry forward allowance, must be returned to the E911 Board. Counties shall deliver revenues from the fee to the Emergency Communications Board within 120 days after the end of the county fiscal year. If unused in a project in accordance with paragraph (4)(b), then any excess fee revenue shall be returned within 60 days of project completion. (b) All excess funds shall be sent to: Florida Emergency Communications Board, P.O. Box 6750, Tallahassee, Florida 32314-6750. (c) A transmittal letter indicating that the funds are for excess recovery of E911 costs shall be sent to the Emergency Communications Board, including information on the Excess Recovery Check Amount, Check Date, and Check Number. (7) This rule shall be reviewed and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date. Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.173(2) FS. History–New 10-6-09, Amended 10-27-10, Formerly 60FF-5.006, Amended 7-17-11, 7-26-15, 7-19-20, 4-27-21, 9-27-21, 6-29-23. 60FF1-5.007 Requirements for T1 and Primary Rate Interface Fee Remittance Submitted by or on Behalf of Non-wireless Service Providers. Rulemaking Authority 365.172(6)(a)11., 365.172(8) FS. Law Implemented 365.172(8) FS. History–New 10-27-10, Formerly 60FF-5.007, Repealed 1-7-13. 60FF1-5.008 Public Comment. The Board invites and encourages all members of the public to provide comment on matters or propositions before the Board or a committee of the Board. The opportunity to provide comment shall be subject to the following: (1) Members of the public will be given an opportunity to provide comment on subject matters before the Board after an agenda item is introduced at a properly noticed board meeting. (2) Members of the public shall be limited to five (5) minutes to provide comment. This time shall not include time spent by the presenter responding to questions posed by Board members, staff or board counsel. The chair of the Board may extend the time to provide comment if time permits. (3) Members of the public shall notify board staff in writing of his or her interest to be heard on a proposition or matter before the Board. The notification shall identify the person or entity, indicate its support, opposition, or neutrality, and identify who will speak on behalf of a group or faction of persons. Rulemaking Authority 286.0114 FS. Law Implemented 286.0114 FS. History–New 1-26-14. 60FF1-5.010 Fee Allocation. Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.172(6)(a)3.e., 365.172(8)(g), 365.173(2)(a), (e), (f), (g) FS. History–New 1-3-19, Amended 10-12-21, 10-1-23. 60FF1-5.011 Text to 911. Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.172(6)(a)3.b., (e) FS. History–New 3-29-17, Amended 5-27-20, Repealed 12-25-25. 60FF1-5.012 Training/Regional Planning Reimbursement. The Board may reimburse training and regional planning costs based on availabilty of funds as determined by the Board. (1) All funding requests must be submitted in writing, and include the following information: (a) Training:
The Next Generation 911 (NG-911) related purpose of the training;
The name of the organizer of the presentation;
A short synopsis of the training program;
The names and curriculum vita of the presenters;
Location of the training program;
The cost of the program, per attendee and total;
A list of the counties invited to attend (the training must be open to multiple counties);
The name and address of the entity submitting the request; and
The training must allow for two Board members or staff to attend. (b) Regional Planning meetings:
The NG-911 related purpose of the planning meeting;
The name and curriculum vita of the planning facilitator;
A short synopsis of the meeting agenda;
The cost of the planning meeting;
A list of all counties invited to attend (must include at least all counties in the DMS designated region); and
The name and address to the entity submitting the request. (2) The request for funding must be submitted to the board 60 days before the scheduled training/planning meeting. (3) The request for reimbursement must be submitted within 30 days after the training/planning meeting. (4) Progressive payments will be considered upon request. Rulemaking Authority 365.172(6)(a)12. FS. Law Implemented 365.172(6)(a)13., 14. FS. History–New 10-6-19. 60FF1-5.013 Call Handling System Maintenance. (1) Call Handling System (CHS) maintenance is defined as only those devices, software, and peripherals that are associated with the PSAP that are used exclusively for the receipt and processing of 9-1-1 calls. These items include switches, gateways, customer portal, remote monitoring, routers, monitors, keyboards, videos and mouse, KVA’s, and software. Software is further defined as the software provided by the manufacturer to maintain the integrity and functionality of the system. Additional software to provide other enhancements cannot be included in the maintenance disbursement. Excluded items include Graphic Information System (GIS) software, logging recorder, location services, and location repositories. (2) CHS maintenance cost is disbursed to Rural Counties by way of the Rural County Grant Program. (3) CHS maintenance cost for medium and large counties, subject to the Board’s determination of reasonable costs and availability of funds, will be distributed by disbursement on a per capita basis. (4) Method of distribution for medium and large counties. (a) To participate in this program, each medium and large county must submit its documented CHS maintenance cost for one system for the fiscal year beginning October 1 and ending September 30 by January 1 of the following year. (b) The total of all medium and large county CHS maintenance for a single system will be reevaluated annually by the E911 Board. (c) County population shall be determined each Fall from the most current available Florida Association of Counties data source. (d) A disbursement will be distributed to each participating medium and large county at the amount to be determined on a per capita basis at the April E911 Board meeting each year. Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.173(2)(d) FS. History–New 2-10-22.

Division 60EE Enterprise Information Technology Services

Chapter 60EE-1 ACCESSIBLE AND ELECTRONIC INFORMATION TECHNOLOGY

Fla. Admin. Code R. 60EE-1.001 Purpose; Definitions (Transferred to 60-8.001)

History

Specific Authority 282.604 FS. Law Implemented 282.601-.606 FS. History–New 1-23-07, Transferred to 60-8.001.

Fla. Admin. Code R. 60EE-1.002 Standards Applicable to Electronic and Information Technology (Transferred to 60-8.002)

History

Specific Authority 282.604 FS. Law Implemented 282.601-.606 FS. History–New 1-23-07, Transferred to 60-8.002.

Fla. Admin. Code R. 60EE-1.003 Electronic and Information Technology Procurements (Transferred to 60-8.003)

History

Specific Authority 282.604 FS. Law Implemented 282.601-.606 FS. History–New 1-23-07, Transferred to 60-8.003.

Fla. Admin. Code R. 60EE-1.004 Electronic and Information Technology Development (Transferred to 60-8.004)

History

Specific Authority 282.604 FS. Law Implemented 282.601-.606 FS. History–New 1-23-07, Transferred to 60-8.004.

Division 60H Facilities Management

Chapter 60H-1 LEASES FOR REAL PROPERTY

Fla. Admin. Code R. 60H-1.001 Definitions

(1) “Agency” means an official, officer, commission, authority, council, committee, department, division, bureau, board, section or other unit or entity of the Executive Branch of the government of the State of Florida.

(2) “Approval of Space Need” means the Department’s acknowledgement that an Agency has met the requirements of Rule 60H-1.002, F.A.C., and, therefore, may proceed to procure, but not execute, the associated lease.

(3) “Best Interests of the State” means an efficient and economical use of state resources to achieve Best Leasing Value.

(4) “Final Approval” means the Department’s acknowledgement that all applicable requirements have been met and, upon required Department signature, the associated lease is fully-executed.

(5) “Lease Action” means the execution, modification, renewal, termination or cancellation of an agreement for the lease of real property.

(6) “Lease Agreement” means the approved standard lease form pursuant to Rule 60H-1.003, F.A.C.

(7) “Prior Approval” means the Department’s acknowledgement that an Agency has met the requirements of Rule 60H-1.021, F.A.C., and, may proceed to execute the lease acction.

(8) “Pool Facility” means a facility under the care and direction of the Department pursuant to Sections 255.503 and 255.511, F.S.

(9) “Turnkey Lease” means a lease in which a single entity is procured, through competitive solicitation, to perform all primary activities including, but not limited to, the financing, design, development and post-construction management of real property.

History

Rulemaking Authority 255.249, 255.25, 255.503 FS. Law Implemented 255.249, 255.25, 255.503 FS. History–New 8-11-75, Amended 8-27-75, 4-25-79, Formerly 13D-7.01, Amended 3-18-86, Formerly 13M-1.001, Amended 4-27-04, 4-29-10, 7-19-15.

Fla. Admin. Code R. 60H-1.002 Department Approval; of Space Need

(1) No Agency may proceed with the procurement, negotiation or execution of a Lease unless an Approval of Space Need has been granted by the Department.

(2) The requesting Agency shall:

(a) Submit Department Form 4105 “Request for Space Need” effective May 2010 incorporated by reference in this rule, which clearly states:

The contact details for the requesting Agency; and
The square footage and location of the desired Lease; and
The intended procurement method.

(b) Submit Department Form 4100 “Space Allocation Worksheet” effective May 2010 incorporated by reference in this rule, completed in compliance with Rule 60H-1.0021, F.A.C.; and

(3) The Department shall grant the Approval of Space Need when the required submissions, as stipulated in this subsection, are in compliance with rule and are in the Best Interests of the State.

History

Rulemaking Authority 255.25, 255.249, 255.503(11) FS. Law Implemented 255.249(9)(b), (k), (5), 255.25(2)(b), (3)(b), (4)(a), 255.503 FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-7.02, Amended 3-18-86, Formerly 13M-1.002, Amended 2-21-96, 5-13-03, 4-29-10.

Fla. Admin. Code R. 60H-1.003 Use of Approved Forms

(1) The Department shall publish approved forms for use by Agencies for actions under Sections 255.248, 255.249 and 255.25, F.S.

(2) Other lease terms or conditions which supplement, remove, or modify any lease term or condition of an approved form may be used only with approval from the Department.

(3) Any Agency request for changes to an approved form or for use of an alternate form shall be submitted to the Department in writing and state with reasonable particularity why the form modification or use of alternate form is necessary and in the Best Interests of the State. The request shall also contain the following:

(a) Verification from the agency that the Best Interests of the State are met with the request; and

(b) Agency’s general counsel’s approval that the use of the requested language is consistent with all applicable laws.

(4) Unless the Department’s approval has been obtained in accordance with this rule, any such change shall be considered null and void.

History

Rulemaking Authority 255.249(5), 255.25(2) FS. Law Implemented 255.249(4)(b), (e), (k), 255.25(2) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-7.03, Amended 3-18-86, Formerly 13M-1.003, Amended 9-30-96, 5-13-03, 4-27-04, 7-12-07, 4-29-10.

Fla. Admin. Code R. 60H-1.004 Filing of Leases

History

Rulemaking Authority 255.25 FS. Law Implemented 255.25(2) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-7.04, 13M-1.004, Repealed 4-29-10.

Fla. Admin. Code R. 60H-1.006 Escalation Clauses

No Agency’s Lease shall contain an open rate, including Consumer Price Index or open rental escalation clause.

History

Rulemaking Authority 255.25 FS. Law Implemented 255.25(2) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-7.06, 13M-1.006, Amended 4-27-04, 4-29-10.

Fla. Admin. Code R. 60H-1.007 Right-to-Terminate Clause Required

History

Rulemaking Authority 255.25 FS. Law Implemented 255.25(2) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-7.07, 13M-1.007, Amended 5-13-03, 8-5-03, 4-27-04, Repealed 4-29-10.

Fla. Admin. Code R. 60H-1.009 Notice of Renewal

History

Rulemaking Authority 255.249(2), 255.25 FS. Law Implemented 255.25(2) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-7.09, Amended 3-18-86, Formerly 13M-1.009, Amended 2-21-96, 5-13-03, Repealed 4-29-10.

Fla. Admin. Code R. 60H-1.013 Fire Code Compliance in Leased Space

History

Rulemaking Authority 255.249, 255.25 FS. Law Implemented 255.25(5), 281.02 FS. History–New 4-25-79, Formerly 13D-7.091, Amended 3-18-86, Formerly 13M-1.013, Amended 4-29-10, Repealed 12-22-15.

Fla. Admin. Code R. 60H-1.015 Procurement Procedures for Leases of 5,000 Square Feet or More in Privately-Owned Buildings

(1) Procurement specifications for competitive solicitation shall promote competition and not favor any particular potential respondent.

(2) At a minimum, Agency specifications in a competitive solicitations shall include:

(a) Approximate Net Usable Square Footage per Rule 60H-2.003, F.A.C.;

(b) Areas where the potential lease could be located to meet the Agency’s location needs;

(d) Desired term of lease and potential for renewal options;

(e) Date by which responses must be received;

(f) Anticipated date for award of procurement;

(g) Services required, including technical and operational requirements established by the agency; and,

(h) Agency criteria to be used in determining acceptablility of any response.

(3) All competitive solicitations issued by agencies, pursuant to Section 255.25(3)(a), F.S., must be advertised by electronic posting for no less than 10 calendar days prior to the date for receipt of responses, unless the Department or Agency determines in writing that a shorter period of time is in the Best Interests of the State. All Agency decisions or intended decisions (as defined in Rule 28-110.002, F.A.C.), must be electronically posted on the myflorida.com website.

(4) A response to a competitive solicitation shall bind the responder for a minimum of ninety days following the public response due date, and shall comply with Section 633.206, F.S. For out-of-state leases, the respnse shall comply with the state’s equivalent of Section 633.206, F.S. All responses shall include the following:

(a) A life-cycle cost analysis pursuant to Section 255.254(1), F.S., and Rule 60D-4.006, F.A.C.;

(b) The respondent’s agreement to enter into a lease approved by the Department;

(d) A rental rate per square foot per year for all years of the lease, including renewals, that will include all renovations and other special requirements necessary to accommodate the Agency at the time of initial occupancy;

(e) A general description of the space such as a room number, building name, and physical address;

(f) The respondent’s agreement to each Agency’s renovation and other special requirements necessary to accommodate the Agency at the time of initial occupancy;

(g) The signature of the owner(s), corporate officer(s) or legal representative(s). If signed by a legal representative, appropriate documentation of the signatory’s authority must be provided;

(h) The corporate, trade or partnership name either stamped, written or typewritten beside the actual signature(s); and,

(i) If the owner is a foreign corporation otherwise prohibited from transacting business in this state pursuant to Section 607.1501, F.S., a certificate of authority pursuant to section 607.1502, F.S. The respondent must include proof of the respondent’s authority to offer the facility, i.e., copy of the respondent’s option to purchase (if the respondent is not the owner or owner’s representative). This option must be valid for at least 90 days following the public response due date.

(5) Opening of Competitive Solicitations; The Agency shall:

(a) In the case of an invitation to bid, announce at a noticed public meeting the name of each bidder and the price submitted in the bid.

(b) In cases of requests for proposals or invitations to negotiate, make available upon request the name of each respondent and the price submitted in the response.

(6) Criteria for Evaluation.

(a) All evaluation team members shall have knowledge and experience in the requirements in the area for which leasing services are sought to meet the needs of the Agency.

(b) An Agency shall establish criteria in the solicitation that clearly identifies the type of solicitation and evaluation criteria, pursuant to Section 255.25, F.S.

(c) Conflict of Interest. Individuals taking part in the development of the soliciation criteria, selection criteria for evaluation, the evaluation process or the award process shall be independent of, and have no conflict of interest in, the entities evaluated and selected. Such individuals shall so attest in writing and the attestation shall be placed in the agency file.

(7) Replacement Lease.

(a) The Department will determine if it is in the Best Interests of the State to approve an Agency replacement lease request. When making this determination, the Department will consider the availability of state-owned space, and analyses of build opportunities, and the availability of acquisition opportunities. Upon Department request, the Agency must supply the following information:

An independent comparative market analysis;
The number of available properties that have the potential to meet the Agency’s needs;
Areas where the potential lease could be located to meet the Agency’s location needs if the Agency were directed to re-procure;
Demographic data showing the location of those that benefit from the services of the Agency, if accessibility is an issue; and,
A cost benefit analysis comparing the rent and operating costs of the present location(s) with the rent and operating costs for proposed replacement lease(s).

(b) If the Department determines that it is in the Best Interests of the State for an Agency to remain in its present location, a replacement lease may be negotiated 18 to 36 months prior to lease expiration if:

The independent comparative market analysis supplied in subparagraph (5)(a)1., demonstrates that the rental rates of the replacement lease will be at or below the total of the market rates for a comparable lease plus moving costs;
The term of the replacement lease does not exceed the term of the lease being replaced, excluding any renewal options; and,
All other leasing requirements are met.

(8) This rule shall not apply to leases for the purpose of providing care and living space for persons.

History

Rulemaking Authority 255.249 FS. Law Implemented 255.21, 255.249, 255.25, 255.254, 255.257 FS. History–New 4-25-79, Amended 4-19-83, Formerly 13D-7.092, Amended 3-18-86, Formerly 13M-1.015, Amended 2-21-96, 5-13-03, 4-27-04, 7-12-07, 4-29-10, 7-19-15, 3-28-16.

Fla. Admin. Code R. 60H-1.016 Procurement of Leases of Less Than 5,000 Square Feet

(1) For all leases under 5,000 square feet at least three documented quotes are required which must have the following information:

(a) Prospective leased premises building name, if applicable; and

(b) Property physical and mailing address; and

(d) Proposed Net Usable Square Feet being offered; and

(e) Proposed rate per Net Usable Square Foot for each year of the term of the lease; and

(f) Proposed term in years; and

(g) Date proposed leased space will be available; and

(h) Proposed tenant improvement amount to be offered; and

(i) Proposed landlord’s agent or representative, if applicable; and

(j) Whether the proposed facility is an “Energy Star” qualified facility as defined by the United States Environmental Protection Agency and the United States Department of Energy.

(2) Upon receipt of documented quotes as stipulated in this subsection, the Agency shall complete Department Form 4137A “Quote Synopsis” effective May 2010 incorporated by reference in this rule, summarizing the quotes received and submit to the Department for review.

(3) Without regard to square footage, no Agency shall enter into, within any 12-month period, more than one lease in the same privately owned facility or complex except upon procurement through Competitive Solicitation.

History

Rulemaking Authority 255.249(9) FS. Law Implemented 255.249(2), (9), 255.25(2)(a), (8), 255.257(4) FS. History–New 4-29-10.

Fla. Admin. Code R. 60H-1.017 Turnkey Lease

(1) The Department shall have the authority to approve a lease under this rule when the following conditions have been met:

(a) An appropriate procurement has been attempted and no suitable space has been identified; and

(b) Approval of Space Need has been obtained, in accordance with Rule 60H-1.002, F.A.C.; and

(c) The Department has been notified, in writing, of the Agency’s intent to seek a Turnkey Lease as defined in Rule 60H-1.001, F.A.C.

(2) The Agency shall prepare the following:

Performance specifications; and
Optimum Site and Building Requirements; and
Unique Planning Information; and
Lease Agreement; and
Intended User’s program.

(3) The Agency shall advertise, setting forth means by which building specifications may be obtained.

(4) The Agency shall advise respondents that no state payments for use of space being developed will be made prior to final acceptance and approval of the completed building and its site, in accordance with the terms and conditions set forth in the Department’s Standard Lease Agreement form.

(a) The Agency will advise that if a developer is interested in developing a structure for the purpose indicated and in leasing the building and its site to the State of Florida, the developer should submit his best response or responses by a specified time and date as specified by the Agency.

(b) The Agency will set the response period depending upon the complexity of the needed facility.

(5) The Agency shall require the following from the developer:

(a) Agreement to enter into a lease-build contract on the Department’s Standard Lease Agreement form setting forth the terms and conditions therein.

(b) Intent to furnish 100% Performance Bond if response is accepted.

(d) Local tax assessor’s appraisal of the site;

(e) A site survey; and

(f) The developer’s estimated valuation cost of construction per square foot.

(g) Completion date (the date that the building will be offered to the State for acceptance), contingent upon developer’s authorization to proceed.

(h) The specific period of time that a response will remain open; such period shall be a minimum of sixty (60) days.

(i) Site improvement information shall include the following:

Grading outside buildings;
Sanitary and storm sewers;
Landscaping;
Paving and retaining walls;
Water;
Gas and electric distribution systems; and
Extraordinary excavation and/or foundations.

(j) Life cycle cost analysis pursuant to Section 255.255, F.S. See Rule 60D-4.004, F.A.C., for requirements.

(k) Building information which will enable the Department to review both the functional and aesthetic aspects of the building including:

Floor plans showing proposed utility core, office space, public space, corridors and parking areas (scale 1'' equals 8').
Elevations and cross sections of buildings indicating exterior material and colors (scale 1'' equals 8').

(l) The response signed by the developer or his or her duly authorized representative. Corporate, trade, or partnership titles may be stamped, written or type-written, but the actual signature of the authorized representative must appear on the response. If the response is signed by a developer’s agent, the agent must demonstrate authority to sign and it shall accompany the response.

(6) Evaluation of responses will be made by the Agency on the basis of price, design, characteristics of construction, completion date, location (including environment or characteristics of surrounding neighborhood), public transportation availability, availability of parking facilities, availability of satisfactory dining facilities, and conformance to the Agency program, performance specifications, and floor layout plan. The Agency then presents the entire “project review package” to the Department.

(7) The project review package shall contain:

(a) A letter of transmittal setting forth:

The fact that “this is a lease-build response,” and
Functional and staff justification as to the facility’s necessity.

(b) Proof of advertisement.

(d) Set of the Agency’s program, any unique planning information, performance specifications (building and site), site description and/or delineated area, floor layout plan, and property appraisal.

(e) Agency’s recommendation with justification:

(8) The Department will review the project. If it concurs with the Agency’s recommendation, it will give approval and return to the Agency for execution. The Agency and the Department must be in joint agreement on the response before approval is granted.

History

Rulemaking Authority 255.249, 255.25 FS. Law Implemented 255.25(1), (2)(a) FS. History–New 8-11-75, Formerly 13D-7.10, Amended 3-18-86, Formerly 13M-1.017, Amended 2-21-96, 4-27-04, 7-12-07, 4-29-10.

Fla. Admin. Code R. 60H-1.018 Nominal and No Consideration Leases

Any Lease Action that is not reported under any other reporting requirement under Chapter 255, F.S., or resulting rule and is not exempt by law from such reporting requirement, must be reported to and approved by the Department in accordance with Rule 60H-1.002, F.A.C., at least ninety (90) days before the Lease Action.

History

Rulemaking Authority 255.249 FS. Law Implemented 255.249 FS. History‒New 7-19-15.

Fla. Admin. Code R. 60H-1.021 Department Prior Approval

(1) No Agency may proceed with the execution of a Lease Action unless the Department has granted Prior Approval for the Lease Action.

(2) For Leases of less than 5,000 feet, the requesting Agency shall submit:

(a) An unexecuted Lease Agreement pursuant to Rule 60H-1.003, F.A.C.; and

(b) A minimum of three documented quotes; and

(c) A completed Department Form 4113 “Certificate of Compliance” effective May 2010 incorporated by reference in this rule; and

(d) A completed Department Form 4137A “Quote Synopsis” effective May 2010 incorporated by reference in this rule.

(3) For Leases of 5,000 square feet or greater, the requesting Agency shall submit;

(a) An unexecuted Lease Agreement pursuant to Rule 60H-1.003, F.A.C.; and

(b) A copy of procurement documents issued for the Competitive Solicitation; and

(d) A completed Department Form 4137 “Bid Synopsis” effective May 2010 incorporated by reference in this rule; and

(e) Scaled drawings in hardcopy or electronic format; and

(f) The Sustainable Building Rating as obtained from the United States Department of Energy; and

(g) The completed Energy Performance Analysis.

(4) The Department shall grant Prior Approval when the Lease Action, as described in the required submissions, is in the Best Interests of the State.

History

Rulemaking Authority 255.249(9) FS. Law Implemented 255.249(9)(b), (k), 255.25(2)(b) FS. History–New 4-29-10.

Fla. Admin. Code R. 60H-1.022 Department Final Approval

(1) No Lease shall become executed until the Department has granted Final Approval for the Lease Action.

(2) The requesting Agency shall submit:

(a) All lease documents fully-executed by both the Agency and the lessor, consistent with Chapter 60H-1, F.A.C.; and

(b) Approval from the State Fire Marshal; and

(3) The Department shall grant Final Approval when the Lease Action, as described in the required submissions, is in the Best Interests of the State.

History

Rulemaking Authority 255.249, 255.25 FS. Law Implemented 255.25(2)(b), (3), (4), (5) FS. History–New 3-18-86, Formerly 13M-1.022, Amended 2-21-96, 5-13-03, 4-27-04, 7-12-07, 4-29-10.

Fla. Admin. Code R. 60H-1.023 Lease Modifications

(1) An Agency wishing to execute a Lease modification shall obtain the Department’s Approval of Space Need, Prior Approval and Final Approval.

(2) Any lease not procured through a competitive solicitation may not be modified to exceed a total square footage of 4,999 within the first 12 months of the lease.

(3) An Agency may enter into a modification of a lease to increase the square footage by no more than 4,999 square feet if the modification is upon the same terms and conditions of the approved lease.

(4) An Agency may enter into, within any 12-month period, more than one modification to increase the square footage, provided the total space acquired by modification within the 12-month period is less than 5,000 square feet.

History

Rulemaking Authority 255.249(4) FS. Law Implemented 255.249(4)(b), 255.25(1)(b), (3)(c) FS. History–New 4-29-10.

Fla. Admin. Code R. 60H-1.024 Lease Extensions

(1) An Agency wishing to execute a Lease extension shall obtain the Department’s Approval of Space Need, Prior Approval and Final Approval.

(2) The leasing rules applicable to each Lease are determined at the time of initial execution of the original Lease Agreement.

(3) The Department will approve extensions of an existing Lease if such extensions are determined by the Department to be in the Best Interests of the State.

(4) All Agency requests for an extension under this clause shall be submitted in writing to the Department no less than sixty (60) days before a lease is to end. The Agency shall furnish a statement by the Agency head that the lease extension is in the Best Interests of the State.

(5) The Department shall review the request and issue a written decision.

History

Rulemaking Authority 255.249(4) FS. Law Implemented 255.249(4)(b), 255.25(1)(b), (3)(c) FS. History–New 4-29-10.

Fla. Admin. Code R. 60H-1.0241 Lease Renewals

(1) An Agency wishing to execute a Lease renewal shall obtain the Department’s Approval of Space Need, Prior Approval and Final Approval.

(2) A copy of the notice of renewal, with proof of the date the notice was received by the lessor clearly marked thereon, shall be furnished to the Department.

(3) The Agency shall submit a Form FM 4113 “Certificate of Compliance” effective May 2010 incorporated by reference in this rule.

History

Rulemaking Authority 255.249(9), 255.25(2)(b) FS. Law Implemented 255.25(2) FS. History–New 4-29-10.

Fla. Admin. Code R. 60H-1.025 Disclosure Statements

(1) Pursuant to Sections 255.249(4)(h) and 255.249(4)(j), F.S., no Lease Action shall be approved unless the Agency has submitted Form Number 4114 “Disclosure Statement” effective May 2010 incorporated by reference in this rule, completed in full compliance with the law.

(2) Each subsequent Lease Action for which a Disclosure Statement has been required may be accompanied by a lessor’s affidavit, Form Number 4114A “Disclosure Update” effective May 2010 incorporated by reference in this rule, that the previous Disclosure Statement submitted on (date to be provided) is still valid, if no change in the interest held or individuals concerned has occurred.

(3) It is not necessary to make disclosure under subsections (1) and (2), of any beneficial interest which is represented by stock in any corporation registered with the Securities and Exchange Commission or registered pursuant to Chapter 517, F.S., which stock is for sale to the general public. A statement certifying the registration shall be provided the Department.

(4) It is not necessary to make disclosure under subsections (1) and (2), of any leasehold interest in property located outside the territorial boundaries of the United States.

History

Rulemaking Authority 255.249(9) FS. Law Implemented 255.249(9)(h) FS. History–New 4-5-76, Amended 4-25-79, Formerly 13D-7.15, 13M-1.025, Amended 4-29-10.

Fla. Admin. Code R. 60H-1.026 Disclosure Statement – Public Officials

History

Rulemaking Authority 255.249(2) FS. Law Implemented 255.249(2)(i) FS. History–New 4-5-76, Amended 4-25-79, Formerly 13D-7.16, 13M-1.026, Repealed 4-29-10.

Fla. Admin. Code R. 60H-1.0261 Change of Ownership

(1) If ownership of a leased facility changes during the term of the Lease, the Department must be furnished a copy of the deed or other legal document effecting transfer of facility and the Department’s Form 4114 “Disclosure Statement” effective May 2010 incorporated by reference in this rule.

(2) If the lessor requests rent payments be made to a different person, entity or address other than that which is stated on the Lease, they must notify the respective Agency in writing of the changes, and the Agency will notify the Department.

History

Rulemaking Authority 255.249(9) FS. Law Implemented 255.249(9) FS. History–New 4-29-10.

Fla. Admin. Code R. 60H-1.027 Legal Review

(1) Lease Actions using approved forms, as defined in Rule 60H-1.003, F.A.C., shall not require approval of the Department’s Office of General Counsel.

(2) Lease Actions using non-approved forms, as defined in Rule 60H-1.003, F.A.C., shall require signature by the Offices of General Counsel of both the respective Agency and the Department.

History

Rulemaking Authority 255.249 FS. Law Implemented 255.249(9)(e), 255.25(2) FS. History–New 4-25-79, Formerly 13D-7.17, 13M-1.027, Amended 2-21-96, 5-13-03, 4-29-10.

Fla. Admin. Code R. 60H-1.028 Information and Forms

Information and copies of all forms named in this chapter may be obtained from:

Department of Management Services

Division of Real Estate Development and Management

4050 Esplanade Way, Suite 315

Tallahassee, Florida 32399-0950

History

Rulemaking Authority 120.53(1)(a), 255.249(4) FS. Law Implemented 255.21, 255.249, 255.25, 255.254 FS. History–New 4-25-79, Formerly 13D-7.18, 13M-1.028, Amended 2-21-96, 4-29-10.

Fla. Admin. Code R. 60H-1.029 Evaluation of Responses

History

Rulemaking Authority 255.249(4)(b) FS. Law Implemented 255.25 FS. History–New 12-18-84, Formerly 13D-7.19, 13M-1.029, Amended 4-27-04, Repealed 4-29-10.

Fla. Admin. Code R. 60H-1.0291 Filing of Leases

A copy of each agency lease shall be filed with the Department at the following address:

Department of Management Service

4050 Esplanade Way

Building 4050, Suite 315

Tallahassee, FL 32399-0950

History

Rulemaking Authority 255.25 FS. Law Implemented 255.25(2) FS. History–New 4-29-10.

Fla. Admin. Code R. 60H-1.030 Availability of Rate and Market Information Data

The Department shall supply Agencies with regional market information and rental rates upon request.

History

Rulemaking Authority 255.249(9)(a) FS. Law Implemented 255.249(9)(a), 255.25(2) FS. History–New 4-1-85, Formerly 13D-7.20, Amended 3-18-86, Formerly 13M-1.030, Amended 2-21-96, Amended 9-30-96, 5-13-03, 4-27-04, 4-29-10.

Chapter 60H-2 SPACE ALLOCATIONS IN STATE-OWNED OFFICE BUILDINGS AND PRIVATELY-OWNED BUILDINGS

Fla. Admin. Code R. 60H-2.001 Definitions

For the purpose of this chapter, each of these words shall have the following meanings:

(1) Agency – as the context requires, means an official, officer, commission, authority, council, committee, department, division, bureau, board, section, or other unit or entity of the executive branch of State government.

(2) Department – State of Florida Department of Management Services.

(3) Secretary – the Secretary of the Department of Management Services or his/her designee by written order.

(4) Division Director – the Director of the Division or his/her designee by written order.

(5) State-owned building – any state-owned office building as defined under Section 255.248, F.S., and specifically excluding Supreme Court building pursuant to Section 272.04, F.S.

History

Rulemaking Authority 255.249, 255.503(11) FS. Law Implemented 255.249(1), (9), 255.503, 272.04, 288.18(2) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-8.01, Amended 3-18-86, Formerly 13M-2.001, Amended 2-21-96, 4-27-04, 9-1-05, 4-29-10.

Fla. Admin. Code R. 60H-2.002 Space Allocation and Configuration Standards

(1) The Department shall have authority to approve allocation of space in all state-owned and privately-owned leases.

(2) To the extent possible, without sacrificing critical public or client services, agencies are directed to obtain an average allocation of space, not to exceed, 180 Net Usable Square Feet per full-time employee measured in accordance with Rule 60H-2.003, F.A.C.

(3) Approval of space allocation shall be obtained from the Department in accordance with Rule 60H-1.002, F.A.C.

(4) The following types of space are exempt from the space allocation standards and are not counted in the average allocation of space referenced in subsection 60H-2.002(2), F.A.C.:

(a) Public use space including reception areas, service counters and interview rooms.

(b) Special use space including rooms dedicated as laboratories, mail rooms, large conference, file or copy rooms, training rooms, records storage and warehouses, LAN rooms and cafeterias.

History

Rulemaking Authority 255.249, 255.503(11) FS. Law Implemented 255.249(1), (3), (9)(d), 255.503, 272.04, 288.18(2) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-8.02, Amended 3-18-86, Formerly 13M-2.002, Amended 2-21-96, 4-27-04, 9-1-05, 4-29-10.

Fla. Admin. Code R. 60H-2.0021 Space Allocation and Configuration Standards

The Department of Management Services’ Space Allocation and Configuration Standards shall be used by agencies for all office space and in preparing Space Allocation Plans.

(1) Purpose. The purpose of these Standards is to:

(a) Provide a safe, comfortable, and productive environment for all employees and visitors.

(b) Ensure efficient use of building HVAC, electrical, and mechanical systems.

(2) Scope. The scope of these Standards applies to state-owned buildings and private sector space as defined in Rule 60H-2.001, F.A.C.

(3) General Guidelines.

(a) To improve space utilization and maintain required circulation, consideration should be given to purchasing lateral files and creating central file areas or rooms.

(b) The use of demountable walls for constructed offices and conference rooms are encouraged for greater flexibility.

(c) Shared workstations layouts and the creation of neighborhoods are encouraged for employees with similar job functions.

(4) Space Allocation and Configuration Standards.

(a) To the extent possible without sacrificing critical public or client services, agencies are directed to obtain an average allocation of space, not to exceed, 180 usable square feet per full-time employee measured as usable square feet in Rule 60H-2.003, F.A.C., Space Measurement.

(b) Exceptions to the space allocation standard shall include:

Public use space, which shall consist of reception areas, service counters, and interview rooms.
Special use space, which shall consist of drug laboratories, mail rooms, large conference areas, large file rooms, training facilities, large copy rooms, records storage, supply/warehouse space, LAN rooms, and cafeterias.

(c) Space allocation and configuration standards shall be documented for each state-owned office building and privately owned office building on the Department of Management Services’ Space Allocation Worksheet (Form 4100, effective January, 2004, incorporated by reference in this rule).

History

Rulemaking Authority 255.249(9)(d), 255.503(11), 272.04 FS. Law Implemented 255.249(1), (9)(d), 255.503(2) FS. History–New 4-27-04, Amended 9-1-05.

Fla. Admin. Code R. 60H-2.0022 Agency Space Allocation Plans

History

Rulemaking Authority 255.249(4)(d), 255.503(11), 272.04 FS. Law Implemented 255.249(1), (3)(c), (4)(d), 255.503(2) FS. History–New 4-27-04, Repealed 4-29-10.

Fla. Admin. Code R. 60H-2.003 Department Standard Method of Space Measurement

(1) The Department’s Standard Method of Space Measurement shall be Net Usable Square Footage as used in measuring the square footage of all leases.

(2) For the purposes of Agency Leases of real property, Net Usable Square Feet shall be defined as square footage which has usable value.

(a) Net Usable Square footage includes:

All space which has usable value within the Agency’s exclusive use and control; and
One half of walls which are shared by two separate tenants; and
Columns and projections which are part of the structure of a building; and
Corridors in the leased space or for exclusive access to the leased space.

(b) Net Usable Square Footage does not include:

Building vertical penetrations such as vertical air ducts, furnace or flue shafts, elevator shafts or exit stairwells; or
Space unavailable for lease such as public corridors, lobbies or reception areas, waiting areas or elevator lobbies, stairways or bathrooms; or
Space designated to the provision of building services such as mechanical rooms, elevator equipment rooms, janitorial closets or electrical rooms.

(3) Agencies shall pay rent in leased spaces for Net Usable Square Footage only.

(4) This method of space measurement shall be applied to bids, proposals or other offers by prospective lessors, public and private.

History

Rulemaking Authority 255.249, 255.25, 272.04, 288.18 FS. Law Implemented 255.249(9)(c), 255.25(2), 272.04, 288.18(2) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-8.03, 13M-2.003, Amended 2-21-96, 4-27-04, 9-1-05, 4-29-10.

Fla. Admin. Code R. 60H-2.005 Rental Rates

(1) Rates to be assessed agencies occupying space in Department-managed facilities shall be determined and established annually by the Department in accordance with Section 255.51, F.S., fulfilling the obligations of the Florida Facilities Pool Revenue Bond Resolution and maintaining the public’s real estate investment. Rates shall be made known to the agencies for assistance in their planning and budgeting for such occupancy. In determining the rental rate, the Department shall take into account the following expenses incurred during the ensuing fiscal year:

(a) The amount of debt service charges or any higher amount determined by the Department that must be paid during the fiscal year to the State Board of Administration or any other trustee for any debt obligations incurred by the Department for the pool facilities program.

(b) The necessary deposits or any higher amount determined by the Department, if any, to a working capital reserve, contingency reserve or other type of reserve pledged to the security of any debt obligations incurred by the Department for the pool facilities program.

(c) Necessary deposits for capital maintenance to the Capital Depreciation Reserve authorized under the Florida Building and Facilities Act.

(d) Projected operating and regular maintenance expenses to be incurred during the fiscal year for all pool facilities and expenses incurred by the Department in managing the pool facilities and for administering the fixed capital outlay program and the pool.

(2) Rates shall take into account the type of space leased by the agencies and the service elements offered and special request.

History

Rulemaking Authority 255.249, 255.503(11) FS. Law Implemented 255.249(9)(g), 255.503, 288.18(3) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-8.05, Amended 3-18-86, Formerly 13M-2.005, Amended 9-1-05, 4-29-10.

Fla. Admin. Code R. 60H-2.006 Information and Forms

History

Rulemaking Authority 255.249, 255.503(11) FS. Law Implemented 255.249, 255.25, 255.503, 272.04, 288.18 FS. History–New 4-25-79, Formerly 13D-8.06, Amended 3-18-86, Formerly 13M-2.006, Repealed 2-21-96.

Fla. Admin. Code R. 60H-2.004 Facilities Management Program

History

Rulemaking Authority 255.249, 272.04, 288.18 FS. Law Implemented 255.249(2)(d), 272.04, 288.18 FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-8.04, 13M-2.004, Repealed 2-21-96.

Chapter 60H-3 PROCEDURES FOR PUBLIC NOTICE FOR LAND ACQUISITION

Fla. Admin. Code R. 60H-3.001 Purpose

History

Rulemaking Authority 255.28 FS. Law Implemented 255.28(4) FS. History–New 10-17-76, Formerly 13D-12.01, 13M-5.001, Repealed 3-13-96.

Fla. Admin. Code R. 60H-3.002 Definitions

History

Rulemaking Authority 255.28 FS. Law Implemented 255.28(4) FS. History–New 10-17-76, Formerly 13D-12.02, 13M-5.002, Repealed 3-13-96.

Fla. Admin. Code R. 60H-3.003 Applicability

History

Rulemaking Authority 255.28 FS. Law Implemented 255.28(4) FS. History–New 10-17-76, Formerly 13D-12.03, 13M-5.003, Repealed 3-13-96.

Fla. Admin. Code R. 60H-3.004 Public Notice and Opinion

History

Rulemaking Authority 255.28 FS. Law Implemented 255.28(4) FS. History–New 10-17-76, Formerly 13D-12.04, 13M-5.004, Repealed 3-13-96.

Fla. Admin. Code R. 60H-3.005 Purpose

History

Rulemaking Authority 255.28(4) FS. Law Implemented 255.28 FS. History–New 12-8-97, Repealed 3-2-17.

Fla. Admin. Code R. 60H-3.006 Public Notice

(1) Offers of real property to be purchased pursuant to Section 255.28, F.S., will be publicly solicited by notice in the Florida Administrative Register and a newspaper of general circulation in the area where the real property is needed.

(2) Specific parcels of real property being purchased pursuant to Section 255.28, F.S., will be subject to public hearing as an item on the Board of Trustees of the Internal Improvement Trust Fund agenda when the transaction is reviewed for approval.

History

Rulemaking Authority 255.28(4) FS. Law Implemented 255.28 FS. History–New 12-8-97.

Chapter 60H-4 PARKING

Fla. Admin. Code R. 60H-4.001 Plan of Operation

History

Rulemaking Authority 272.161(5) FS. Law Implemented 272.161, 281.02, 281.07 FS. History–New 1-28-76, Amended 10-31-84, Formerly 13D-2.01, 13M-6.001, Repealed 3-2-17.

Fla. Admin. Code R. 60H-4.003 Reserved Parking Spaces

History

Rulemaking Authority 272.161(4), 281.07 FS. Law Implemented 272.161 FS. History–New 1-28-76, Amended 10-31-84, Formerly 13D-2.02, 13M-6.003, Amended 2-21-96, 6-4-97, Repealed 3-2-17.

Fla. Admin. Code R. 60H-4.006 Allocation of Parking Spaces

(1) All parking spaces in or around state-owned facilities in the Capitol Center and other facilities under the Department of Management Services’ jurisdiction throughout the state shall be one of these types:

(a) Scramble parking.

(b) Visitor parking with or without meters on each visitor parking space.

(d) Reserved paid parking.

(e) Permit parking, which is a type of reserved paid parking.

(2) In addition to the rules in this chapter, parking rules are provided in Document 5000 6/99 entitled “Parking Rules, State of Florida Department of Management Services,” published by this department, incorporated herein by reference. Copies of the document may be obtained from the Department of Management Services, Facilities Management, Bureau of Real Property Management, Building 4030, Suite 301, 4030 Esplanade Way, Tallahassee, FL 32399-0950. A copy of this document shall be given to each person who receives parking permission of any type.

(3) Those spaces designated as reserved paid parking may be allocated to each agency as follows:

(a) According to the location of the parking facility in relation to the building in which the agency’s employees are housed.

(b) Quotas for each agency shall be based on a pro rata percentile (total number of employees in a given agency in relation to total number of state employees in Capitol Center, or individual facilities throughout the state), applied to total spaces which have been allocated to departments on a quota basis.

(c) These quotas may be recalculated thereafter on each July 1, to establish new percentiles in accordance with each department’s population changes or on each date the total number of quota spaces is increased or decreased.

(d) The remaining reserved spaces shall be allocated from the waiting list in the Bureau of Property Management on a first-come, first-served basis.

(e) Under no circumstances shall a department's quota be less than one space for the department head and one space for each division of that department.

(f) Reserved surface (non-garage) parking spaces in all lots, except Lots 6, 7, and 24, adjacent to state buildings in Capitol Center shall be reserved as a first priority for agency heads, assistant department secretaries, deputy department secretaries, executive directors, assistant executive directors, deputy executive directors, division directors, assistant division directors, bureau chiefs, and the comparable managerial positions in agencies not using those classifications, handicapped employees and car pool participants housed in the adjacent state buildings.

(g) The Department of Management Services may allocate a pro rata share of spaces to each department. The respective department may make internal assignments within its allotment.

(h) If an agency does not internally assign the number of spaces allotted within thirty (30) days following notification of allotment or upon termination of contract for an assigned space, the assigned space may revert to the Department of Management Services for reassignment to another agency, employee or provider of essential services.

(i) The rates for reserved paid parking are subject to change at any time. Advance notice of rate changes shall be given to employees through their respective personnel offices. This notice of rate change shall be construed as an amendment to the parking contracts.

History

Rulemaking Authority 272.16(4), 272.161(4), 281.07 FS. Law Implemented 255.21, 272.161, 272.16 FS. History–New 1-28-76, Amended 1-22-79, 10-31-84, Formerly 13D-2.04, 13M-6.006, Amended 7-30-00, 3-2-17.

Fla. Admin. Code R. 60H-4.008 Allocation of Reserved Paid Parking

History

Rulemaking Authority 255.21, 272.16(4), 272.161(4), (5) FS. Law Implemented 255.21, 272.16, 272.161 FS. History–New 1-28-76, Amended 1-22-79, 10-31-84, 6-5-85, Subparagraphs (7) and (8) Formerly 13D-2.07, Formerly 13D-2.05, Amended 6-11-86, 4-20-89, Formerly 13M-6.008, Repealed 3-2-17.

Chapter 60H-6 USE OF FLORIDA FACILITIES POOL BUILDINGS

Fla. Admin. Code R. 60H-6.001 Applicability

History

Rulemaking Authority 255.249(1), 272.04 FS. Law Implemented 255.249(2) FS. History–New 8-1-78, Formerly 13D-5.01, 13M-9.001, Repealed 1-9-96.

Fla. Admin. Code R. 60H-6.002 General

History

Rulemaking Authority 255.249(1), 272.04 FS. Law Implemented 255.249(2) FS. History–New 8-1-78, Formerly 13D-5.02, 13M-9.002, Repealed 1-9-96.

Fla. Admin. Code R. 60H-6.003 Applicability

History

Rulemaking Authority 255.249(2) FS. Law Implemented 272.04, 255.249(1) FS. History–New 8-1-78, Formerly 13D-5.03, 13M-9.003, Amended 1-9-96, Repealed 12-22-15.

Fla. Admin. Code R. 60H-6.004 Definitions

Capitalized terms used in this rule chapter have the meanings ascribed below.

(1) “Agency” means an agency as defined in Section 255.502, F.S.

(2) “Buildings in the Florida Facilities Pool” means the buildings in the pool established by the Department pursuant to Section 255.505, F.S., all portions of the Capitol Complex Space, and any associated state-owned lands.

(3) “Capitol Complex” means those areas described in Section 943.60, F.S., excluding the State Capital Circle Office Complex located in Leon County, Florida.

(4) “Capitol Complex Space” means those portions of the Capitol Complex for which reservations may be made, as identified in the Use of Capitol Complex Guidelines.

(5) “Capitol Complex Space Use Application” means the application of the same name that is hereby incorporated by reference, effective 3/2023, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15204 and https://www.dms.myflorida.com/business_operations/real_estate_development_and_management/bureau_of_property_services/reservations.

(6) “Demonstration Activity” means any demonstrating, parading, picketing, speech making, holding of vigils, sit-ins, or other similar activities conducted for the purpose of demonstrating approval or disapproval of governmental policies or practices (or the lack thereof), expressing a view on public issues, or bringing into public notice any issue or other matter.

(7) “Department” means the Department of Management Services.

(8) “Governmental Entity” means an Agency or a political subdivision, as defined in Section 1.01, F.S.

(9) “Use of Capitol Complex Guidelines” means the document of the same name that is hereby incorporated by reference, effective 3/2023, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15205 and https://www.dms.myflorida.com/business_operations/real_estate_development_and_management/bureau_of_property_services/reservations.

History

Rulemaking Authority 255.249(9), 255.503(11) FS. Law Implemented 255.249(1), 255.503(2) FS. History–New 3-1-23.

Fla. Admin. Code R. 60H-6.005 Purpose and Right to Public Access and Freedom of Expression

(1) Purpose. The purpose of this rule chapter is to ensure that activity at Buildings in the Florida Facilities Pool is conducted in a manner that protects public health and safety and ensures that state employees and officials can fulfill their responsibilities.

(2) Public Access.

(a) Normal Working Hours. Except as otherwise expressly provided, areas within Buildings in the Florida Facilities Pool must be open to the general public as necessary to permit the general public to transact official business or attend public meetings. At a minimum, this access must be available during normal working hours (8:00 a.m. to 5:00 p.m., Monday through Friday), except: during state holidays established in Section 110.117, F.S., or those granted to executive branch employees by the Governor; during emergencies that pose a danger to public health, safety, or welfare; during times when the building is uninhabitable or when construction work to be done renders the space inaccessible; or during times where the space is properly reserved for an event.

(b) Closure. When a Building in the Florida Facilities Pool is closed to the public, admission to such building will be limited to those authorized by the Department or the Governmental Entity occupying the space. If requested by a duly authorized law enforcement officer, such persons must provide satisfactory evidence of their identity and authorization to enter the building.

(c) Accessibility. Information regarding the accessibility of the Capitol Complex pursuant to the Americans with Disabilities Act (ADA) is available on the Department’s website at: https://www.dms.myflorida.com/business_operations/real_estate_development_ and_management/bureau_of_operations_and_maintenance/building_information/capitol_complex_information.

(3) Freedom of Expression.

(a) Demonstration Activity. Demonstration Activity is permitted in the outdoor spaces of the Capitol Complex. Persons engaged in Demonstration Activity are required to comply with other applicable provisions of this rule chapter.

(b) Right to Public Comment. The limitation on Demonstration Activity to outdoor spaces at the Capitol Complex does not limit or infringe on the ability to attend public meetings and provide public comment at such meetings held within a Building in the Florida Facilities Pool.

History

Rulemaking Authority 255.249(9), 255.503(11) FS. Law Implemented 255.249(1), 255.503(11) FS. History–New 8-1-78, Formerly 13D-5.04, 13M-9.005, Amended 1-9-96, 3-1-23.

Fla. Admin. Code R. 60H-6.007 Capitol Complex

(1) Overview. The Capitol Complex is the state’s legislative center and an architecturally and historically significant facility located in Tallahassee, Florida. The Historic Capitol is listed in the National Register of Historic Places.

(2) Reservations of Capitol Complex Space. An Agency may request to reserve the use of Capitol Complex Space by submitting a Capitol Complex Space Use Application to the Department.

(a) Requestor. The request must come from the head of the Agency, or his or her designee. In the case of the Legislature, the head of the Agency is considered to be the Speaker of the House or the President of the Senate, and in the case of the Judiciary, the head of the Agency is considered to be the Chief Justice of the Supreme Court of Florida.

(b) Approval Criteria. To approve an application, the Department must determine that: (i) the physical characteristics of the requested space are appropriate for the requested use; (ii) the requested space is available on the requested date and time; (iii) the requested use is consistent with the Agency’s official purposes; and (iv) the requested use will not prohibit or limit governmental functions occurring during the date and time requested.

(c) Application Timeline. The Agency must submit the request to the Department as soon as practicable, but no later than ten business days prior to the requested reservation date. The Department will not accept requests that are submitted more than one year prior to the requested date.

(d) Use. If the reservation is granted, the Agency must comply with the requirements of this rule chapter and with the Use of Capitol Complex Guidelines and must vacate the space at the end of the reservation period. The Agency reserving the space may exclude the public from the reserved space for the period the space is reserved.

(3) News Conferences. The following locations at the Capitol Complex may be utilized for news conferences outside of the reservation process provided they are not otherwise reserved pursuant to subsection (2), above: any outdoor areas of the Capitol Complex and the Plaza Level Rotunda (as described in the Use of Capitol Complex Guidelines). Notwithstanding the restrictions in Rule 60H-6.011, F.A.C., manned freestanding displays are permitted in these spaces during such news conferences. Such news conferences in these spaces shall be limited to one hour. Such news conferences in the Plaza Level Rotunda are limited to hours where the building is otherwise open to the public.

(4) Lighting. Lighting the Historic Capitol in various colors to communicate a message of support for a cause or event or to celebrate a holiday or other important date is reserved for government speech only. No person may cause the Historic Capitol to be lit to communicate a message of support for a cause or event or to celebrate a holiday or other important date except that the Governor may direct the Department to light the Historic Capitol Building in various colors to communicate a message of support for a cause or event or to celebrate a holiday or other important date the Governor wishes to support.

(5) Additional Limitations. Because the Capitol Complex is often a destination for children learning about their State government, visual displays, sounds, and other actions that are harmful to minors (as defined in Section 847.001, F.S.) or include gratuitous violence or gore are not permitted in any indoor portion of the Capitol Complex. “Gratuitous violence or gore” means any depiction of severe bodily injury or blood, organs, or other bodily fluids, that is patently offensive to prevailing standards in the community as a whole and, taken as a whole, is without serious literary, artistic, political, or scientific value.

History

Rulemaking Authority 255.249(9), 255.503(11) FS. Law Implemented 255.249(1), 255.503(2), 272.03 FS. History–New 8-1-78, Formerly 13D-5.05, 13M-9.007, Amended 1-9-96, 3-2-17, 3-1-23.

Fla. Admin. Code R. 60H-6.009 Freedom of Speech

History

Rulemaking Authority 255.249(9) FS. Law Implemented 272.03, 255.249(1) FS. History–New 8-1-78, Amended 11-28-79, Formerly 13D-5.06, 13M-9.009, Amended 1-9-96, 5-12-98, Repealed 3-2-17.

Fla. Admin. Code R. 60H-6.011 Use and Responsibilities of Parties at Buildings in the Florida Facilities Pool

(1) Use of Space in Buildings in the Florida Facilities Pool. All Governmental Entities that occupy Buildings in the Florida Facilities Pool (or portions thereof), other than the Legislature (or a unit thereof), must ensure that such occupied space is not used for purposes other than the Governmental Entity’s official purposes; except that the Governmental Entity, on a temporary basis not to exceed seven (7) calendar days, may allow the space to be used for the official purposes of another Agency or a non-Agency providing education or training to government employees relating to their public duties. For spaces occupied by the Legislature, or a unit thereof, such spaces are subject to the House or Senate rules, as applicable.

(2) Responsibilities of Parties at Buildings. All persons at a Building in the Florida Facilities Pool are subject to the following:

(a) Preservation of Property. Except as expressly authorized by the Department, it is unlawful for any person(s):

To dispose or cause to be disposed any trash in or on any Buildings in the Florida Facilities Pool in a manner or by means other than in the on-premise trash cans;
To create or cause to be created any hazard to persons or things in or on any Buildings in the Florida Facilities Pool;
To throw or cause to be thrown articles of any kind from or within a Building in the Florida Facilities Pool;
To climb upon the roof or walls of any part of a Building in the Florida Facilities Pool; or
To willfully destroy, damage, or remove any property in any Building in the Florida Facilities Pool.

(b) Disturbances. All conduct in or on any Building in the Florida Facilities Pool that:

Unreasonably obstructs the usual and customary use of a Building in the Florida Facilities Pool;
Endangers the safety of other persons at the Building in the Florida Facilities Pool;
Unreasonably disrupts the performance of official duties or functions of a state officer or employee; or
Prevents the public from obtaining the administrative services provided in a Building in the Florida Facilities Pool in a timely manner; is prohibited.

(c) Signage. Unless approved by the Department (or the Governmental Entity in the case of occupied space), no person acting outside their official capacity may:

Staple, tape, or otherwise affix an exhibit, poster, sign, or display on or in a Building in the Florida Facilities Pool;
Establish a freestanding exhibit, poster, sign, or display on or in a Building in the Florida Facilities Pool;
Use sticks or poles in any indoor portion of a Building in the Florida Facilities Pool which includes, but is not limited to, attachment to cardboard signs, placards, and flags; or
Hold any hand-held signs in any indoor portion of a Building in the Florida Facilities Pool that exceed 22ꞌꞌ by 28ꞌꞌ in size.

This limitation on signage does not prohibit expression of viewpoints on items attached to one’s person, such as t-shirts, buttons, and the like, provided such items comply with any other applicable requirements of this rule chapter.

(d) Prohibited Types of Expression. Types of expression that are otherwise prohibited by law, such as obscenity (see, e.g., §§ 847.001, .0133, Florida Statutes), expression that incites violence or uses fighting words (see, e.g., § 877.03, Florida Statutes), or defamatory or threatening speech (see, e.g., § 836.05, Florida Statutes) are prohibited at any Building in the Florida Facilities Pool.

(e) Solicitation Prohibited. All persons are prohibited from offering items or services for sale, or soliciting fares, alms, or contributions, in any Building in the Florida Facilities Pool, unless otherwise authorized by law.

(f) Damage to Buildings in the Florida Facilities Pool. Any person(s) using a Building in the Florida Facilities Pool will be responsible for all costs, expenses, damages, liabilities, claims, or suits resulting from such use.

(g) Removal. The Department, the Governmental Entity occupying the space, or the Capitol Police (where the Capitol Police have jurisdiction), may cause to be removed those violating this rule chapter or any other law after communication of such violation to the violator and an opportunity to cure the violation. If the Department or Capitol Police determines the need to remove violators from spaces occupied by the Legislature, or a unit thereof, the Department or Capitol Police shall first receive approval from the Sergeant at Arms of the applicable chamber unless there is an emergency that poses a danger to public safety.

History

Rulemaking Authority 255.249(9), 255.503(11) FS. Law Implemented 255.249(1), 255.045, 255.503(2), 272.03 FS. History–New 8-1-78, Formerly 13D-5.07, 13M-9.011, Amended 1-9-96, 3-2-17, 3-1-23.

Fla. Admin. Code R. 60H-6.013 Placement of Exhibits, Posters, Signs, Displays

History

Rulemaking Authority 255.249(9) FS. Law Implemented 255.249(1), 272.03 FS. History–New 8-1-78, Formerly 13D-5.08, 13M-9.013, Amended 1-9-96, Repealed 3-2-17.

Fla. Admin. Code R. 60H-6.015 Conformity with Signs and Directions

History

Rulemaking Authority 255.249(1), 272.04 FS. Law Implemented 255.249(2) FS. History–New 8-1-78, Formerly 13D-5.09, 13M-9.015, Repealed 1-9-96.

Fla. Admin. Code R. 60H-6.017 Preservation of Property

History

Rulemaking Authority 255.249(9) FS. Law Implemented 255.249(1) FS. History–New 8-1-78, Formerly 13D-5.010, 13M-9.017, Amended 1-9-96, Repealed 3-2-17.

Fla. Admin. Code R. 60H-6.018 Disturbances

History

Rulemaking Authority 255.249(9) FS. Law Implemented 255.249(1) FS. History–New 8-1-78, Formerly 13D-5.11, 13M-9.018, Amended 1-9-96, Repealed 3-2-17.

Fla. Admin. Code R. 60H-6.019 Damage to Pool Buildings and Grounds

History

Rulemaking Authority 255.249(9) FS. Law Implemented 255.249(1), 272.03 FS. History–New 8-1-78, Formerly 13D-5.12, 13M-9.019, Amended 1-9-96, Repealed 3-2-17.

Fla. Admin. Code R. 60H-6.020 Clean Up

History

Rulemaking Authority 255.249(9) FS. Law Implemented 255.249(1), 272.03 FS. History–New 8-1-78, Formerly 13D-5.13, 13M-9.020, Amended 1-9-96, Repealed 3-2-17.

Fla. Admin. Code R. 60H-6.022 Vendors Prohibited

History

Rulemaking Authority 255.249(9) FS. Law Implemented 255.249(1), 272.03 FS. History–New 8-1-78, Formerly 13D-5.14, 13M-9.022, Amended 1-9-96, Repealed 3-2-17.

Chapter 60H-9 LEASE OR SUBLEASE OF STATE OWNED PROPERTY FOR E911 SYSTEM WIRELESS COMMUNICATIONS FACILITY

Fla. Admin. Code R. 60H-9.001 Definitions

(1) For purposes of this rule chapter, each of these words shall have the following meaning:

(a) Agency – An official, officer, commission, authority, council, committee, department, division, bureau, board, section, or other unit or entity of the executive or judicial branch of state government.

(b) Available – A decision that State-owned Property may be used for the placement of a Wireless Communications Facility, based on a determination that placement meets the evaluation requirements of the Owner Agency and Managing Agency.

(d) Determination of Availability – A process for assessing an identified State-owned Property for placement of a Wireless Communications Facility. A Determination of Availability consists of a Provider’s proposal for placement and the Owner and Managing Agency’s evaluation that the placement is in the best interest of the State, is consistent with the current and future use of the State-owned Property and balances the Agencies’ mission with the public need for a reliable E911 System.

(e) Division of State Lands – Florida Department of Environmental Protection, Division of State Lands.

(f) E911 – The designation for a wireless enhanced 911 system or wireless enhanced 911 service that is an emergency telephone system or service that provides a subscriber with wireless 911 service and, in addition, directs 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated, or as otherwise provided in the State plan under Section 365.171(4), F.S., and that provides for automatic number identification and automatic location-identification features in accordance with requirements of the Order.

(g) Lease Agreement – An agreement that is negotiated and executed by the Department as set forth in Rule 60H-9.005, F.A.C., under which a Provider leases or subleases State-owned Property directly from the Managing Agency if a lease agreement is in effect or the Owner Agency, for the installation of a Wireless Communication Facility.

(h) Managing Agency – An Agency with exclusive lease agreement or other proprietary authorization from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida or other Owner Agency to occupy and manage a particular State-owned Property.

(i) Order – Federal Communications Commission orders referenced in Section 365.172(3)(m), F.S.

(j) Owner Agency – A state entity vested with title to State-owned Property.

(k) Owner Representative – The agency serving as title-holder, managing entity or agency employee with oversight responsibilities regarding State-owned real estate.

(l) Preliminary Determination of Availability – Initial site evaluation by the Provider for viability of a specific site and suitability by the Owner Agency and Managing Agency before proceeding with the Availability assessment.

(m) Provider – A private person or entity who is subject to the requirements of an Order and provides E911 Service in this state.

(n) Request for Locations – A Provider’s written request to the Department to locate an E911 Service on state-owned land or buildings in a defined area within the state.

(o) Service – Commercial mobile radio service as defined in Section 365.172(3)(s), F.S.

(p) State-owned Property – Real or personal property, structures or buildings, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida or any agency (as defined in Section 255.502(3), F.S.), except those properties for which the Department of Transportation serves as the owner-representative, on behalf of the Owner Agency, excluded as set forth in Rule 60H-9.003, F.A.C.

(q) Viable – A determination by a Provider that a specific state-owned property is acceptable for their needs as a site to place a tower with antenna or antenna on an existing state-owned structure.

(r) Wireless Communications Antenna Support Structure – A structure, including related equipment, intended to support wireless communications equipment used in the provision of Service. Wireless Communications Antenna Support Structures are generally described as either monopole (freestanding), lattice (self-supporting), guyed (anchored with guy wires or cables) or camouflaged (disguised so as to not appear to be an antenna support structure).

(s) Wireless Communications Antenna – A device designed to transmit or receive communications authorized by the Federal Communications Commission (FCC).

(t) Wireless Communications Facility – Any equipment or facility used to provide E911 Service, including Wireless Communications Antenna, Wireless Communications Antenna Support Structure, accessory equipment enclosures, and ancillary cabling, brackets, and other such ancillary equipment.

(2) Other terms shall have their commonly understood meaning.

History

Rulemaking Authority 365.172(13)(f) FS. Law Implemented 365.172(3) FS. History–New 4-24-05.

Fla. Admin. Code R. 60H-9.002 Intent

History

Rulemaking Authority 365.172(13)(f) FS. Law Implemented 365.172(3) FS. History–New 4-24-05, Repealed 3-2-17.

Fla. Admin. Code R. 60H-9.003 Properties Acquired for State Rights-of-Way and Transportation Purposes Excluded

History

Rulemaking Authority 365.172(13)(f) FS. Law Implemented 365.172(3) FS. History–New 4-24-05, Repealed 3-2-17.

Fla. Admin. Code R. 60H-9.004 Requests for Locations and Determination of Availability

(1) Overview. The Department will negotiate leases between the Providers and Owner Agencies or subleases between the Providers and Managing Agencies (if the State-owned Property is under an existing lease agreement) for the installation of Wireless Communication Facilities following a Determination of Availability by the Division of State Lands (acting as agent for the Owner Agency, the Board of Trustees of the Internal Improvement Trust Fund) or other Owner Agency, as well as from the Managing Agency when applicable, as described below.

(2) All Owner and Managing Agencies of State-owned Property shall provide contact information to the Department and the Department shall advise Providers of the appropriate contact information. A Provider shall initially submit a Request for Locations to the Department which, in turn, shall forward the request to the Owner Agency and Managing Agency with responsibility for the subject property. All Managing Agencies that perform as the owner-representative, on behalf of an Owner Agency, for real property not excluded as set forth in Rule 60H-9.003, F.A.C., shall provide a contact individual to the Department. Contact information and the Request for Locations shall be submitted to:

Department of Management Services

Facilities Program Director

Division of Facilities Management and Building Construction

4050 Esplanade Way

Suite 380

Tallahassee, Florida 32399-0950

(3) Provider shall communicate with the Managing Agency, followed by Communications with the Owner Agency, to discuss the availability of the subject State-owned Property for the requested placement of a Wireless Communications Facility. If requested by the Provider, a physical site review shall be scheduled to determine if the site is viable for placement of a Wireless Communication Facility.

(4) Once a Provider has located a viable site, the Preliminary Determination of Availability process begins, which involves the Provider, Owner Agency and Managing Agency. The Provider shall submit a written request for Preliminary Determination of Availability to the Managing Agency, Owner Agency and the Department. The Department shall accept, on a first come, first served basis, the written request for Preliminary Determination of Availability. The request for Preliminary Determination of Availability shall contain sufficient basic evaluation information as follows:

(a) Information regarding the business of Provider, including services provided, qualification as a legal entity to transact business in Florida, and required governmental entity licenses;

(b) Location of the proposed site with general description;

(c) Type of proposed Wireless Communications Facility including a sketch of proposed project with placement on the premises;

(d) Build out size of any proposed antenna support structure;

(e) Proposed project schedule;

(f) Letter from the Owner Agency and the Managing Agency acknowledging the potential of the proposed site.

(5) If more than one request for Preliminary Determination of Availability is filed for the same State-owned Property, applications for the same general type of facility (e.g., two applications for a Wireless Communications Antenna Support Structure or two applications for the placement of Antennas on the same building) in the same general location on the Property, shall be processed on a first come, first served basis, as determined by the date a completed request for Preliminary Determination of Availability is received by the Department.

(6) After review of the Provider’s request pursuant to subsection (4) above, the Owner Agency and Managing Agency shall make a Preliminary Determination within sixty (60) days as to whether the State-owned Property is potentially available as a site for the proposed Wireless Communications Facility. Such determination shall be based on the following evaluation criteria:

(a) Whether the placement and operation of the proposed wireless communications facility will interfere with the current or planned future use of the State-owned Property;

(b) Whether the placement and operation of the proposed Wireless Communication Facility will compromise or negatively impact the operation, security, or function of the agency currently managing the State-owned Property; and

(c) Whether the placement and operation of the proposed Wireless Communications Facility is in the best interest of the State, balancing the benefits of the Owner and Managing Agency’s mission, safety of the public and the benefits of reliable E911 Service.

(7) If the Preliminary Determination of Availability by the Owner Agency is that the property is Available, but the Managing Agency makes a Preliminary Determination of Availability that the property is not available, the Provider may request a meeting with the Managing Agency to seek to change the Preliminary Determination. After such meeting, if the Preliminary Determination by the Managing Agency is not changed, the request shall be considered denied.

(8) If the Preliminary Determination by the Owner Agency is that the property is not available, the Preliminary Determination of Availability request shall be considered denied.

(9) If the Preliminary Determination by the Owner Agency and Managing Agency is that the State-owned Property is Available, the Provider shall submit the following additional documentation at its own expense to the Owner Agency and Managing Agency for a Final Determination of Availability:

(a) Construction Drawings must contain:

A scaled site plan of the proposed leased or subleased premises clearly indicating the location, type, cross-section and height of the proposed Wireless Communications Facility, on-site land uses, adjacent land uses, proposed means of access, setbacks from property lines, and parking;
Time frame for building the proposed facility;
Other information applicable to the proposed lease or sublease premises and the subject structure, including the following: grading of the property; sanitary and storm sewers requirements; paving and retaining walls; water; gas and electric distribution systems; and extra-ordinary excavation or foundations; and
A description of the status of compliance or the ability to comply with the requirements of this section and all applicable federal, state, or local laws, ordinances, and regulations, including applicable Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) regulations; and
For proposed Wireless Communications Antenna Support Structures or portions of the facility to be placed on the ground:

a. A signed and sealed boundary or field survey of the proposed lease or sublease premises on which the support structure and equipment will be located, with legal description of the property proposed to be leased or subleased, which also indicates access to adjacent roadways, and

b. Elevation drawings of the proposed Communications Antenna Support Structure and any other structures associated with the proposed Wireless Communications Facility,

c. A landscape plan of the proposed leased or subleased premises showing specific landscape materials.

d. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

(b) For proposed Wireless Communications Antenna Support Structures, a statement by Provider as to whether construction of the Antenna Support Structure will accommodate the co-location of additional antennas for future users.

(c) A signed and sealed document completed by an engineer licensed to perform engineering services in the State that all applicable structural requirements will be met.

(d) A statement by the Provider that the Wireless Communications Facility will provide E911 Service.

(10) Subsequent to the provision of the above-required documentation the Owner Agency and Managing Agency will conduct an initial review of Provider’s information for sufficiency. The Managing Agency shall provide any security, access, or other site-specific language necessary to protect the interests of the Managing Agency for inclusion in the lease agreement. The Owner Agency and the Managing Agency will inform Provider of the need for any additional information, review and reporting requirements necessary due to statutory, legal, or internal requirements.

(11) The Owner Agency and Managing Agency will each provide written notification to Provider of the agency’s Final Determination regarding the property’s availability.

History

Rulemaking Authority 365.172(13)(f) FS. Law Implemented 365.172(3) FS. History–New 4-24-05.

Fla. Admin. Code R. 60H-9.005 Negotiation of Lease Agreement

(1) After the Provider obtains written notification of Preliminary Determination from the Owner Agency and Managing Agency that the identified property is Available, the Provider shall submit to the Department a written request to initiate the review of the lease agreement and to initiate negotiations of the lease fee. Copies of the request shall be sent to the Owner Agency and the Managing Agency. Such request shall attach the proposed lease agreement for the identified State-owned Property including any additional language requested by the Managing Agency regarding security, access or other site-specific issues necessary to protect the Managing Agency’s interests and copies of the Preliminary Determination documents. The process of negotiating the terms and conditions of the lease agreement shall be done simultaneously with the preparation by the Provider of those materials required to be submitted to the Owner Agency and Managing Agency pursuant to subsection 60H-9.004(9), F.A.C.

(2) Upon receiving a proposed lease agreement with written notification(s) of Final Determination, the Department shall review for sufficiency, identify missing information required of the Provider and enter into negotiations with the Provider when the lease agreement is completed. Upon notification by the Department of incomplete documentation to negotiate a lease agreement, the Provider shall have 90 days to complete the remaining requirements as defined by the Department in accordance with Rule Chapter 60H-9, F.A.C. A completed proposed lease agreement shall address conditions and technical specifications, as described below. The date and time of receipt of the written request for Preliminary Determination of Availability by the Department will determine the order of review of each specific site for the lease agreement.

(3) When the proposed lease agreement request is found to be complete, copies of the completed request shall be provided to the Owner Agency and the Managing Agency. The Owner Agency and the Managing Agency shall provide to the Department any objections to the proposed lease agreement within thirty (30) days of receipt of such notice. Any objections by the Owner Agency or Managing Agency shall be considered in lease agreement negotiations by the Department. Objections shall be provided by registered mail to:

Department of Management Services

Facilities Program Director

Division of Facilities Management and Building Construction

4050 Esplanade Way

Suite 380

Tallahassee, Florida 32399-0950

(4) The Department shall negotiate each proposed lease agreement as follows:

(a) All leases or subleases for use of telecommunications facilities on State-owned Property not excluded as set forth in Rule 60H-9.003, F.A.C., shall be approved by the Department. The Department’s approval must be obtained in accordance with this rule chapter for each lease agreement pursuant to Section 365.172(11)(e), F.S., for all State-owned Property not excluded as set forth in Rule 60H-9.003, F.A.C.

(b) Lease agreements shall take into account the specific site, the type of facility proposed, and the technical and leasing requirements of the proposing Provider, as well as any additional language required by the Managing Agency regarding security, access or other site-specific issues necessary to protect the Managing Agency’s interests. The lease agreement shall address terms and conditions and technical specifications, including the following subjects, as applicable under the facts pertaining to each proposed location:

Definition of the lease type as to land for a tower, building rooftop or collocation on existing vertical structure;
The parties to the agreement;
Description of the real property or structures being leased to the Provider;
Notice requirements, including addresses;
Description of easements for access rights and utilities for the Provider to the State-owned Property;
Defined time for terms and any extended terms of the Lease Agreement;
Termination provisions;
Defined requirements for any fees and payments under the lease agreement, including clearly defined rental terms, rent escalation amounts and other necessary fees;
Provider requirements for payment of all required taxes, obtaining all required permits, and providing a Project Manager to coordinate with all government entities;
Defined terms for assignment and subleasing under the Lease Agreement;
Defined terms and conditions for subleasing or licensing tower space for collocation of other Providers’ equipment;
Requirements for installation, maintenance and repairs of installed equipment by the Provider;
A statement regarding compliance with regulatory requirements of all regulatory agencies;
A statement defining ownership of real and personal property;
Requirements for notification for approval of all material modification of the facilities on leased property and the potential for additional rent;
Requirements for collocation of additional wireless communications equipment and services;
Requirements for equipment removal at termination of lease agreement or abandonment and restoration of property;
Requirements for entry by Sublessor to subleased property and fire and casualty damage responsibilities;
Requirements for security and subcontractor or subcontractor agent access;
Requirements regarding asbestos containment;
Requirements for tower removal performance bonds;
Requirements regarding compliance with Chapter 119, F.S., the Florida Public Records Act;
Requirements for dispute resolution;
Requirements for the prevention of radio frequency interference by the parties;
Requirements for insurance, general liability, Workers’ Compensation, commercial auto liability and owner’s contractor coverage;
Requirements for indemnification by the Provider arising out of the lease or sublease, and assistance of investigation;
Requirements regarding default under the lease agreement, cure provisions, remedies upon default, and termination of the lease agreement;
General requirements covering authority of the parties, permitting, governing law, severability, commencement and effective dates;
Requirements for maintenance and repairs of the facilities of the Provider;
Requirements for tower lighting, marking, and signage;
Requirements for inspection of the property and buildings and other necessary due diligence activities by the Provider;
Requirements for utility service to service Provider’s facilities;
Conditions precedent and subsequent for all required governmental approvals by Provider, and continued technical compatibility, and termination rights associated therewith;
Rights of the parties upon sale of the underlying property;
A description of environmental conditions of the underlying property or building and responsibilities for remediation of environmental conditions;
Condemnation provisions;
Casualty provisions;
Waiver of liens and rights of Provider to finance or collateralize its facilities;
Covenant of quiet enjoyment in favor of Provider;
Recording provision;
Successors in interest;
Force majeure;
Proper exhibits, including a site plan of the leased property, diagrams of proposed tower or antenna installation, survey of the leased property and technical specifications of the proposal;
A copy of any lease agreement on the property currently in place, including leases with the Board of Trustees of the Internal Improvement Trust Fund; and
Signatures of the parties required to execute the lease agreement.

(c) The Department shall negotiate reasonable fees for leasing State-owned property that reflect the market rate for the type of facility or geographic location of the property. Rental rate will be derived from use of set rate schedules, and other reasonable means of determining fair market value for the specific location and placement in question and as described in subsection (5) below. Distribution of Lease Agreement proceeds between the Owner Agency and Managing Agency shall be defined in and pursuant to the Lease Agreement. In cases of a Lease Agreement between a Provider and an Owner Agency, the Owner Agency shall receive 100% of the proceeds.

(d) If agreement is reached, the Department will circulate the negotiated Lease Agreement among the Owner Agency, Managing Agency and Provider for final signature and execution.

(5) If the Department and the Provider are unable to negotiate a satisfactory lease or sublease rental rate, the parties may mutually agree on the selection of a licensed appraiser to assist in minimizing differences between the parties. The appraisal shall be non-binding and the expense of said appraiser shall be borne solely by the Provider. The Appraiser shall conduct an appraisal study to establish the fair market rate for use of the Property based upon the geographic area and type of Wireless Communications Facility, which is the subject of the lease or sublease. If the parties are unable to negotiate a satisfactory lease or sublease, whether an appraisal is conducted or not, negotiations shall be terminated. DMS will then undertake negotiations based on a first-come, first-served basis with the next Provider, who has filed a written request for Preliminary Determination of Availability and thereafter, if necessary, with the next Providers.

History

Rulemaking Authority 365.172(13)(f) FS. Law Implemented 365.172(3) FS. History–New 4-24-05.

Chapter 60H-10 Inventory of State-Owned and State-Occupied Facilities

Fla. Admin. Code R. 60H-10.001 Definitions

For the purpose of this chapter, each of these words shall have the following meaning:

(1) Agency – means the governmental agencies of the the State of Florida, including the judicial branch, and the water management districts.

(2) Division – means the Real Estate Development and Management Division of the Department of Management Servies.

(3) State-leased – means real property that is leased by a governmental agency, commission, board, organization, or other entity of the State of Florida.

(4) State-occupied – means real property that is occupied or under the use and control of, but not owned by, a governmental agency, commission, board, organization, or other entity, of the State of Florida.

(5) State-owned – means real property that is owned by a governmental agency, commission, board, organization, or other entity, of the State of Florida.

History

Rulemaking Authority 216.0152(3) FS. Law Implemented 216.0152 FS. History‒New 6-26-13.

Fla. Admin. Code R. 60H-10.002 Reports and Records

(1) Agencies shall provide an inventory data of all facilities owned, leased, rented or otherwise occupied or maintained. The inventory data shall be provided by the owning or operating agency annually by June 1, unless this date falls on a weekend or holiday, at which time information should be provided on the first Monday following June 1.

(2) For State-owned facilities, Agencies shall input into the Florida State Owned Lands and Records Information System (FL-SOLARIS) the following facility information, as defined in Rule 60H-10.003, F.A.C.:

(a) Location;

(b) Occupying agency;

(d) Size;

(e) Condition assessment;

(f) Valuations;

(g) Operating costs;

(h) Maintenance record;

(i) Age;

(j) Parking and employee facilities;

(k) Building uses;

(l) Full-time equivalent occupancy;

(m) Known restrictions or historic designations;

(n) Leases or subleases;

(o) Associated revenues; and

(p) Any other information required by law.

In addition to these data elements, the Division reserves the right to request additional specific information relating to operating costs.

(3) Agencies shall add new State-owned facilities to the reporting system within 30 days from the date the facility is acquired. Agencies shall delete State-owned facilities from the system within 30 days of the date of facility disposal, and making input changes and corrections to the system as required.

(4) For State-occupied facilities, Agencies shall provide the following facility information to the Division, as defined in Rule 60H-10.003, F.A.C.:

(a) Location;

(b) Occupying agency;

(d) Parking and employee facilities;

(e) Full-time equivalent occupancy;

(f) Leases or subleases; and

(g) Any other information required by law.

This information shall be provided by the Agencies in an excel spreadsheet or other means approved by the Division that address agency needs and the reporting needs of the system. Agencies are responsible for the accuracy and timeliness of the data provided.

(5) Agencies shall be responsible for notifying the Division of new leases for input into the inventory within 30 days from the date the lease is executed. Agencies shall be responsible for notifying the Division within 30 days of lease termination for removal from the inventory.

History

Rulemaking Authority 216.0152(3) FS. Law Implemented 216.0152 FS. History‒New 6-26-13.

Fla. Admin. Code R. 60H-10.003 Inventory Data

For the purpose of providing inventory data, required by Rule 60H-10.002, F.A.C., the data elements are defined as follows:

(1) Age – means the number of years the facility has been in existence, rounded to the nearest whole number, calculated by subtracting the year built from the current year.

(2) Associated Revenues – means the annual revenues generated by the facility, including revenue generated from leases, parking and other sources.

(3) Building use – means the predominate use of space associated with the facility, including: agricultural, armory, conditioned storage, conference center, data center, educational, food services, gym/exercise/sports venue, laboratory, medical care, museum/exhibit, not otherwise classified, office, penal, recreational, residential, unconditioned storage, unenclosed structure, utility, or workshop.

(4) Condition assessment – means the identification and description of capital improvement and/or deferred maintenance project needs associated with the facility, also referred to as deficiencies. Information to be disclosed for each known deficiency affecting the facility includes the following:

(a) Deficiency category (i.e., special, electrical, site, HVAC, plumbing, roofing, structure, envelope, code and licensure, interior, or general);

(b) Whether or not funds have been appropriated by the legislature to correct the deficiency;

(d) A brief description of the deficiency.

(5) Facility – means the buildings, structures, and building systems, but does not include transportation facilities of the state transportation system.

(6) Full-Time Equivalent Occupancy – means the number of full-time equivalent positions, including state employees, contractors, and Other Personal Services (OPS), assigned to the facility, if applicable.

(7) Known Restrictions or Historic Designations – means any known, existing conditions that could interfere or serve as an obstacle in the use or resale of the facility, including, but not limited to, deed restrictions, covenants and restrictions, zoning restrictions, historic designations or reversion clauses.

(8) Lease – means the contract or agreement granting use or occupation of a facility during a specified period in exchange for a specified rent payment.

(9) Location – means the place upon which the facility is physically located. For State-owned and leased facilities, this information is expressed by United States Postal Service address. For State-owned facilities, this information would also include geographic information system (GIS) coordinate information as necessary to locate the facility.

(10) Maintenance record – means the retention of capital improvement and/or deferred maintenance project information associated with a facility.

(11) Occupying Agency – means the agency that occupies a facility.

(12) Ownership – means the type of ownership associated with the facility, including the following:

(a) Agency Owned – Agency has title ownership of the facility;

(b) Board of Trustees Owned – Agency manages the facility on behalf of the state Board of Trustees of the Internal Improvement Trust Fund. The managing agency has full operational control and maintenance responsibility for the facility;

(c) Government Lease (Agency) – The facility is owned by an Agency, and the occupying agency has full operational control and maintenance responsibility for the facility; and

(d) Government Lease (Other) – The facility is owned by a different government entity (non-Agency) from the occupying agency and the occupying agency has full operational control and maintenance responsibility for the facility.

(13) Operating Costs – means all the known costs to maintain and operate the facility, including, but not limited to: maintenance and repairs; landscaping; facility manager, maintenance and other staff salaries and benefits; insurance; pest control; security; janitorial; and other contractual services or costs. Operating costs should be expressed on an annualized basis utilizing the latest and best information, which can be for the latest available calendar or fiscal year, or other 12-month period. This does not mean utilities costs or capital improvement costs.

(14) Parking and Employee Facilities – means a description of facility amenities, including: parking lot; shower and/or locker room, exercise or fitness center; child care; food services; parking; parking structure or garage.

(15) Size – for State-owned facilities, size is defined as the footprint area of the facility under roof, expressed as gross square footage, excluding awnings or canopies. For State-leased facilities, size is defined as the net rentable space, as measured in accordance with the standard method of space measurement.

(16) Sublease – means the contract or agreement whereby a lessee within a facility leases out a portion or all of their leased space within a facility to another entity.

(17) Valuation – means the latest available tax roll structure value and tax roll land value associated with the facility and the property on which the facility is located, as indicated from the county property appraiser’s office.

History

Rulemaking Authority 216.0152(3) FS. Law Implemented 216.0152 FS. History‒New 6-26-13.

Chapter 60H-11 MEMORIALS

Fla. Admin. Code R. 60H-11.001 Arthur G. Dozier School for Boys Memorials

History

Rulemaking Authority 265.007 FS. Law Implemented 265.007 FS. History–New 6-19-18, Repealed 6-23-26.

Division 60B Fleet Management

Chapter 60B-1 MOTOR VEHICLES AND WATERCRAFT ACQUISITION, ASSIGNMENT AND USE

Fla. Admin. Code R. 60B-1.001 Acquisition

(1) No agency shall purchase, lease, or otherwise acquire any motor vehicle or watercraft without prior approval of the Division of Motor Pool, except that such prior approval is not required for (a) acquisitions by law enforcement agencies through judicial proceedings and (b) acquisitions of motor vehicles which are to be acquired for 30 days or less, when such acquisitions can be accomplished at costs which do not require the use of formal competitive bids.

(2) Approval by the Division to acquire or lease equipment shall not relieve agencies of the responsibility for compliance with state purchasing laws, legislative authority for acquisition or retention of equipment, and all other applicable laws, rules, and procedures.

(3) Approval to lease equipment will be granted under the following circumstances:

(a) To meet short term needs when leasing is more economical than purchase.

(b) If funds are not available for the purchase of equipment and authorized equipment needs exist.

(d) If investigative vehicles are required and it is essential to rotate the vehicles to prevent identity.

(e) Exceptions may be granted by the division on a case by case basis.

(4) When purchased or leased motor vehicles and watercraft are delivered, the receiving agency shall inspect them for compliance with specifications and for damage. Discrepancies must be noted and corrected prior to acceptance and operation.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 287.15, 287.16(4), 287.20 FS. History–New 6-11-75, Amended 11-28-83, 8-2-84, Formerly 13B-3.01, 13B-3.001.

Fla. Admin. Code R. 60B-1.002 Class Equipment

(1) Motor vehicles and watercraft acquired by purchase, lease or rental shall be of the smallest class that can safely, adequately, and economically meet the performance and job requirements involved.

(2) All vehicles must be the most appropriate vehicle (car, station wagon, truck, tractor, crawler, trailer or other class of mobile equipment) to accomplish the tasks for which they will be used. Consideration must be given to the terrain where vehicle is normally operated, type and amount of equipment carried, job duties of individual, economy of operation, maintenance, and other valid considerations. The accessories and options specified for motor vehicles and watercraft acquired by purchase, lease, or rental shall be limited to those which are essential to job requirements, or beneficial to safety, efficiency, economy, or energy conservation.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 287.15, 287.16(2) FS. History–New 6-11-75, Amended 11-28-83, Formerly 13B-3.02, 13B-3.002.

Fla. Admin. Code R. 60B-1.003 Acquisition Specifications

(1) To ensure that equipment purchased by the state will satisfy the particular needs of the using agencies:

(a) The bureau will provide an opportunity for major users (agencies) of motor vehicles and watercraft to select one or more persons to serve in an advisory capacity regarding technical specifications.

(b) The bureau will arrange for and preside at periodic meetings of the technical advisory representatives to review such topics as the performance and quality of recently delivered equipment, the model changes anticipated to be made by equipment manufacturers, and the need for specification changes. Meetings will be held as frequently as required to ensure that the needs and concerns of user agencies are addressed. The bureau will arrange for a summary of each meeting to be made and distributed on request to advisory representatives and to other interested agencies.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 287.16 FS. History–New 6-11-75, Amended 11-28-83, Formerly 13B-3.03, 13B-3.003.

Fla. Admin. Code R. 60B-1.004 Motor Vehicle and Watercraft Use Policy

(1)(a) Motor vehicles and watercraft shall be used for official state purposes only and shall be used only as authorized by the administrative head of an agency and in accordance with the provisions of this chapter and with other applicable laws, rules, and procedures.

It is fundamental to state policy that state-owned, leased, or rented vehicles be used only for state business or to relieve emergency situations where the protection of life or property is involved and there is no other satisfactory means of transportation available. The administrative head of an agency operating vehicles is responsible for their assignment and proper use in accordance with this policy. Such responsibilities will include arrangements for dissemination of this policy to all persons authorized to operate vehicles, for insurance that such persons have in their possession a current and valid driver’s license, and for reporting changes in assignment classification and the assignment classification of additional equipment as assignment changes occur or new equipment is placed in service. State-owned, leased, or rented vehicles will not be used for personal purposes except when authorized officially as a perquisite by the Department of Management Services.

(b) The administrative head of an agency upon the determination that an employee or other person has improperly used a state-owned, leased, or rented vehicle shall take such action as he feels just and proper under the circumstances in compliance with existing personnel rules and regulations regarding disciplinary actions. Each incident of improper use shall be reported to the State Comptroller, detailing the nature of the mis-use and the action taken.

(c) Persons other than state employees shall not be permitted to operate a state-owned, leased, or rented vehicle unless authorized by the administrative head of an agency or person designated by him and then only on official state business.

(d) The administrative head of an agency may make temporary exceptions to the provisions of this policy in the case of disaster and emergency situations such as hurricanes, flood and riots where the state must protect life and property.

(e) Only on special occasions in connection with official travel being performed in state-owned or leased vehicles, when the purposes of the travel can be more usefully served by including persons other than state officials and employees, such persons may be authorized by the administrative head of the using agency to travel in state-owned or leased vehicles provided no additional expense to the state is involved.

(f) State-owned or leased vehicles shall not be driven to and from any employee’s home except as specifically authorized by this rule.

(2) No candidate for public office shall be transported in a state motor vehicle solely for the purpose of furthering his candidacy; however, if a candidate traveling by state motor vehicle on official state business performs functions in the furtherance of his candidacy, pursuant to laws or rules pertaining to campaign financing the trip expenses shall be based on the total fixed and variable expenses related to the ownership, operation and use of such vehicle, and candidate shall be charged a pro-rata share of such total motor vehicle expenses or shall be charged one half of such total motor vehicle expenses, whichever is greater.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 106.15, 287.16(1), (5), 287.17, 287.20 FS. History–New 6-11-75, Amended 11-28-83, Formerly 13B-3.04, 13B-3.004.

Fla. Admin. Code R. 60B-1.005 Vehicle Assignment Policy

(1) All state-owned or leased vehicles shall be assigned to and operated in conformance with the regulations pertaining to one of the following classes of assignment:

Class A – Pool assignment

Class B – Limited use assignment

Class C – Special assignment

Exceptions to this policy may be granted by the Division of Motor Pool on a case by case basis when justified by an agency to be in the best interest of the state.

(2) Codes are used to describe the provisions of the assignment in each class. These usage codes will be used to maintain records on vehicle assignment. Records will include the description of vehicle, class assignment of vehicle and agency or individual to whom vehicle is assigned.

(3) Except when otherwise specifically authorized by law, all state-owned vehicles shall carry an official state license plate.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 287.16(1), 287.17 FS. History–New 6-11-75, Amended 11-28-83, Formerly 13B-3.05, 13B-3.005.

Fla. Admin. Code R. 60B-1.006 Pool Vehicle Assignment

(1) All state-owned or leased vehicles not otherwise assigned will be given a Class A-pool assignment classification. These vehicles will be centrally controlled and made available for specific trips and returned to the pool upon completion of the trips.

Use Code A-1: Pool assignment – Pool vehicles for general use by employees that do not have a vehicle assigned to them.

(2) Pool vehicles may not be driven to an employee’s home unless:

(a) Employee is departing upon or returning from an official trip away from his headquarters under circumstances which make it impractical to use other means of transportation.

(b) Employee needs the use of the vehicle after completion of regular work day to conduct state business on the same day or before his usual working hours on the next day.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 287.16(1) FS. History–New 6-11-75, Amended 11-28-83, Formerly 13B-3.06, 13B-3.006.

Fla. Admin. Code R. 60B-1.007 Limited Use Assignment

(1) State-owned or leased passenger vehicles required by an employee or position to conduct official state business and which are required for use 15 or more work days per month but do not meet Class C, special use assignment requirements, may be assigned to such individuals on a Class B, limited use – parked at office classification.

Use Code B-1: Limited use passenger carrying Vehicles – Employee has requirements for a full-time use of a vehicle during regular working hours, but vehicle remains parked at office overnight and when not in use.

(2) State-owned or leased non-passenger carrying vehicles such as maintenance trucks, tractors, etc., required by an employee or position to conduct official state business during regular working hours and which do not meet Class C, special use assignment requirements will be assigned to Class B, limited use – parked at office classification.

Vehicles in this class may be assigned to an employee or position if the duties involved are such as to justify a specific assignment of this nature. Such vehicles will remain parked in a designated area overnight or when not in use.

Use Code B-2: Limited use non-passenger carrying vehicles: Employee has requirement for full-time use of vehicle during regular working hours but vehicle remains parked at office overnight and when not in use.

(3) Limited use vehicles may not be driven to an employee’s home or used during non-working hours unless:

(a) Employee is departing upon or returning from an official trip away from his headquarters under circumstances which make it impractical to use other means of transportation.

(b) Employee needs the use of the vehicle after completion of regular work day to conduct state business on the same day or before his usual working hours on the next day.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 287.16(1) FS. History–New 6-11-75, Amended 11-28-83, Formerly 13B-3.07, 13B-3.007.

Fla. Admin. Code R. 60B-1.008 Special Assignment

(1) Special assignment vehicles are state-owned or leased vehicles which are: 1) officially authorized as a prerequisite by the Department of Management Services, 2) required by an employee after normal duty hours to perform duties of the position to which he is assigned, or 3) assigned to an employee whose home is his official base of operation.

(2) Vehicles in this classification assignment may be driven to and from an employee’s home when used for the purpose or under the conditions stated below:

Use Code C-1: Perquisite – Employee is entitled to use of vehicle by virtue of his position and is so approved and authorized as a perquisite by the Department of Management Services.

Use Code C-2: Law enforcement – Employee is subject to special emergency calls from his residence for law enforcement.

Use Code C-3: Emergency service – Employee is subject to emergency calls from his residence for the protection of life or property.

Use Code C-4: Employee’s home is office – Employee’s home is his official base of operation and vehicle is parked at home when not in use.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 287.16(1) FS. History–New 6-11-75, Amended 11-28-83, Formerly 13B-3.08, 13B-3.008.

Fla. Admin. Code R. 60B-1.009 Maintenance

Service, inspection, maintenance and repair shall be conducted in accordance with maintenance programs provided by the bureau for the class of equipment involved. In the absence of a division maintenance program or agency maintenance program developed with input from and approved by the division, agencies shall adhere to the service requirements established by the manufacturer.

History

Rulemaking Authority 20.05, 287.16(6) FS. Law Implemented 287.16(2) FS. History–New 11-28-83, Formerly 13B-3.09, 13B-3.009.

Fla. Admin. Code R. 60B-1.010 Reports and Records

(1) The Division shall develop, maintain and operate an equipment management information system to meet the reporting needs of the state’s motor vehicles and watercraft. The system shall provide management reports monthly to the state agencies, and shall be capable upon request of providing special reports to meet other defined needs.

(2) Input to the system including but not limited to the condition, utilization, cost, fuel consumption, maintenance, and assignment of the motor vehicle and watercraft owned, leased or operated shall be provided by the agencies on forms or other means provided by or approved by the Division which address agency needs and the reporting needs of the system. This information is to be forwarded monthly to the Division’s Bureau of Motor Vehicles and Watercraft so as to be received no later than the 15th day of each month, unless this date falls on a’weekend or holiday. Agencies are responsible for the accuracy and timeliness of the input.

(3) Agencies shall be responsible for adding new equipment to the reporting system within 30 days from the date the equipment is received, deleting equipment from the system within 30 days from the date of disposal, and making input changes and corrections to the system as required.

(4) The Division shall periodically meet with major users of the system to assure that the management reporting needs of state agencies are addressed.

(5) The Division shall establish reasonable charges and invoice the agencies for the forms, reports and services provided.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 287.16(8) FS. History–New 11-28-83, Formerly 13B-3.10, 13B-3.010.

Fla. Admin. Code R. 60B-1.011 Applicability

(1) The provisions of this chapter are applicable to all agencies of the executive and judicial branches of state government. For the purpose of this rule, the definition of a state agency shall be construed to include any official, officer, commission, board, authority, council, committee or department of the executive branch, and any of the various officers, courts, commissions, or other units of the judicial branch supported in whole or in part by the appropriations of the legislature.

(2) The administrative head of any agency, which owns, leases, or otherwise has possession or control of any motor vehicle or watercraft shall ensure that it is used only for purposes consistent with Chapter 287, Part II, F.S., with all provisions of this rule, and with other applicable laws and rules. Agencies shall develop such internal procedures as may be required to ensure such compliance.

(3) Except as specifically provided, this chapter does not apply to the use of privately-owned vehicles which are authorized by an administrative head of an agency to be used for travel in lieu of state-owned or leased vehicles or aircraft, when the traveler is reimbursed for such use in accordance with current state travel laws, rules and policies.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 287.16, 287.17, 287.20 FS. History–New 11-28-83, Amended 8-2-84, Formerly 13B-3.11, 13B-3.011.

Fla. Admin. Code R. 60B-1.012 Safety

(1) All seated occupants of state-owned, leased, or rented vehicles and all personal vehicles operated on state business shall properly utilize the seat belts or occupant restraint system provided. Failure to utilize seat belts or occupant restraint system shall be considered improper use of a vehicle and shall subject employees to disciplinary action. If an accident resulting in injury to an employee occurs and the employee is not utilizing the seat belts or occupant restraint system provided, and the failure to use the seat belts or occupant restraint system provided contribute to injuries received worker's compensation benefits may be reduced under the provisions of Section 440.09(4), F.S.

(2) All state-owned, leased, or rented vehicles and all personal vehicles operated on state business shall at all times be operated in a safe and courteous manner. Failure to operate vehicles in a safe and courteous manner shall be considered improper use of a vehicle and shall subject employees to disciplinary action.

(3) All state-owned, leased or rented vehicles and all personal vehicles operated on state business shall operate in compliance with all applicable federal, state or local laws and ordinances. Failure to comply with federal, state, or local laws or ordinances shall be considered improper use of a vehicle and shall subject employees to disciplinary action. All fines and penalties resulting from failure to comply with federal, state or local laws or ordinances are the personal responsibility of the vehicle operator.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 287.16(6), 440.56(1) FS. History–New 8-2-84, Formerly 13B-3.12, 13B-3.012.

Fla. Admin. Code R. 60B-1.013 Fuel Purchases

(1) Fuel for state-owned or leased vehicles shall be purchased from state-operated fuel facilities whenever practical. If the time or distance required to go to a state facility would nullify the savings, use of the state facility will be considered impractical.

(2) When purchase of commercial fuel is required, commercial self service facilities shall be used when available to reduce the cost of commercial fuel.

(3) Fuel purchased in any manner for state use, including state petroleum credit cards, and state fuel facilities shall be used only for official purposes. Promotional items including trading stamps, rebates and other gifts received by an employee incidental to such purchases shall be state property and turned in to the employee's agency unless the agency determines they have no useful purpose for the agency or state. Violation of this rule shall subject the employee to disciplinary action, and, in appropriate cases, to criminal prosecution.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 287.16(6) FS. History–New 8-2-84, Formerly 13B-3.13, 13B-3.013.

Chapter 60B-2 DELEGATION OF FUNCTIONS AND DUTIES OF DIVISION OF MOTOR POOL TO THE STATE UNIVERSITY SYSTEM

Fla. Admin. Code R. 60B-2.004 Delegation

History

Rulemaking Authority 240.225 FS. Law Implemented 240.225 FS. History–New 11-14-79, Formerly 13B-4.04, 13B-4.004, Repealed 12-14-15.

Chapter 60B-3 DISPOSAL OF MOTOR VEHICLES, WATERCRAFT, AND AIRCRAFT

Fla. Admin. Code R. 60B-3.001 Purpose

History

Rulemaking Authority 20.05(5), 273.055(1), 287.16(6) FS. Law Implemented 287.16(2), (8) FS. History–New 10-19-83, Formerly 13B-5.01, 13B-5.001, Repealed 3-2-17.

Fla. Admin. Code R. 60B-3.002 Scope

History

Rulemaking Authority 20.05(5), 273.055(1), 287.16(6) FS. Law Implemented 287.16(2), (8) FS. History–New 10-19-83, Formerly 13B-5.02, 13B-5.002, Repealed 3-2-17.

Fla. Admin. Code R. 60B-3.003 Definitions

(1) Disposal – Termination of state ownership of a motor vehicle, watercraft or aircraft through sale, trade, auction, donation, abandonment, or other action.

(2) Excess Unit – Any state-owned motor vehicle, watercraft or aircraft which has been replaced by other equipment, or which has been determined by the custodian to be excess to agency needs, or which has been determined economically unfit for continued use in normal service.

(3) Division – The Division of Motor Pool, Department of Management Services.

(4) Surplus Unit – Any excess unit which has been reported to the Division and found by the Division to be unsuitable for transfer to another state agency, or excess to state needs.

History

Rulemaking Authority 20.05(5), 273.055(1), 287.16(6) FS. Law Implemented 287.16(2), (8) FS. History–New 10-19-83, Formerly 13B-5.03, 13B-5.003.

Fla. Admin. Code R. 60B-3.004 Reporting and Approval Procedures

Motor vehicles, watercraft, and aircraft which become excess shall be reported to the Division as follows:

(1) Upon becoming excess, units shall be reported to the Division within 45 days.

(2) Equipment shall not be cannibalized without prior approval of the Division.

(3) The Division will review excess units reported and may authorize inter-agency transfer, or designate the disposal methods and procedures to be followed.

(4) The Division shall establish a reasonable reimbursement value for units to be transferred.

(5) Governmental entities other than state agencies shall be required to certify that units acquired by transfer are acquired for official governmental purposes.

(6) Excess units determined by the Division to be surplus to state needs will be approved for public sale or auction or for other appropriate disposal.

History

Rulemaking Authority 20.05(5), 273.055(1), 287.16(6) FS. Law Implemented 287.16(2), (8) FS. History–New 10-19-83, Formerly 13B-5.04, 13B-5.004.

Fla. Admin. Code R. 60B-3.005 Public Sales or Auctions

(1) If performed under contract, public sales or auctions shall conform to pertinent sections of Chapter 60A, F.A.C.

(2) The reporting agency shall be responsible for compliance with standards and procedures established by the Division, including, but not limited to advertising, equipment preparation, equipment display, and bid review. It is the responsibility of the reporting agency to prevent conflicts of interest or the appearance of conflicts of interest in bidding by its employees.

(3) When it is determined that it would be in the best interest of the state, the Division may require an agency conducting a public sale or auction to include surplus units owned by other agencies. The costs of such a combined public sale or auction shall be prorated among the agencies represented.

(4) Advertising requirements, the type of bids required, and the necessity for review of bids by the Division prior to award will be determined by the Division based on the type of equipment being sold, its total value, and its location.

History

Rulemaking Authority 20.05(5), 273.055(1), 287.16(6) FS. Law Implemented 287.16(2), (8) FS. History–New 10-19-83, Formerly 13B-5.05, 13B-5.005.

Fla. Admin. Code R. 60B-3.006 Equipment Having No Value

Equipment having no salvage value may be donated, cannibalized, destroyed, or scrapped with prior approval of the Division.

History

Rulemaking Authority 20.05(5), 273.055(1), 287.16(6) FS. Law Implemented 287.16(2), (8) FS. History–New 10-19-83, Formerly 13B-5.06, 13B-5.006.

Chapter 60B-4 AIRCRAFT ACQUISITION, ASSIGNMENT, OPERATION, USE AND REPORTING

Fla. Admin. Code R. 60B-4.001 Applicability

(1) The provisions of this chapter are applicable to all agencies of the executive and judicial branches of state government. For the purposes of this chapter, the definition of a state agency shall be construed to include any official, officer, commission, board, authority, council, committee or department of the executive branch, and any of the various officers, courts, commissions or other units of the judicial branch supported in whole or in part by appropriations of the legislature.

(2) The head of any agency which owns, leases, rents, charters, or otherwise has temporary or permanent possession or control of any aircraft shall ensure that it is used only for purposes consistent with Chapter 287, Part II, F.S., with all provisions of this chapter, and with other applicable laws and rules. Agencies shall develop such internal procedures as may be required to ensure such compliance.

(3) This chapter does not apply to the use of privately-owned aircraft which are authorized by an agency head to be used for travel in lieu of state-owned aircraft or motor vehicles, when the traveler is reimbursed for such use in accordance with current state travel laws, rules and policies.

History

Rulemaking Authority 287.16(6), 287.17, 287.20 FS. Law Implemented 287.16, 287.17, 287.20 FS. History–New 11-28-83, Formerly 13B-6.01, 13B-6.001.

Fla. Admin. Code R. 60B-4.002 Prior Approval Required – Acquisition

(1) Aircraft may be owned by or assigned to state agencies, or may be assigned to and operated by the Bureau of Aircraft in a special purpose pool status, or in the executive aircraft pool.

No agency shall acquire aircraft without prior approval of the Division of Motor Pool, hereinafter called the division, except that prior approval shall not be required for (a) acquisitions by law enforcement agencies through judicial proceedings, and (b) acquisitions of a temporary nature, to meet emergency needs, through rental, charter, loan or other means.

(2) In any instance when prior approval is not required, aircraft shall be operated and reported in conformance with all other provisions of this chapter and of other rules of the division which would otherwise apply.

(3)(a) Written requests for approval of aircraft purchase, lease or other long-term acquisition shall be delivered to the Bureau of Aircraft at least 30 days prior to the date scheduled by the agency for advertisement of bids or proposals. Requests for federal excess aircraft are exempt from the 30 day advance notice.

(b) Requests for approval of acquisition of replacement aircraft shall identify the program area, the aircraft to be replaced, and the need for replacement, and provide a description of any intended aircraft use or assignment not previously approved by the division.

(c) Requests for additional aircraft shall provide detailed justification for the additional aircraft as to area of assignment, type and amount of intended use, plus agency preferences as to the type of aircraft to be obtained.

(d) The request and approval of an aircraft needed for a period not exceeding 30 days may be handled through an oral request. Documentation of the request and approval or disapproval shall be recorded by the division.

(e) Approval by the division shall not relieve agencies of the responsibility for compliance with state purchasing laws or laws relating to legislative authority for acquisition or retention of aircraft.

(4) Based upon availability, the division may approve reassignment of state aircraft to meet temporary or permanent needs.

(5) Agency requirements for administrative or executive air transportation shall not constitute justification for acquisition or assignment of special purpose aircraft. Aircraft needed primarily for the purpose of providing administrative or executive transportation shall be assigned to and operated by the Bureau of Aircraft.

(6) Aircraft acquired shall be of a class that can safely, adequately and economically meet the performance and job requirements involved. Accessories and options acquired shall be limited to those which are essential to job requirements, or beneficial to safety, economy, efficiency or energy conservation.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 287.15, 287.16(3), (4), 287.161, 287.20 FS. History–New 11-28-83, Formerly 13B-6.02, 13B-6.002, Amended 3-2-17.

Fla. Admin. Code R. 60B-4.003 Appropriate Use

(1) The head of any state agency which has the ownership, custody, possession or control of aircraft shall develop such internal procedures as are necessary to ensure that such aircraft are used only for official state business or for purposes consistent with official state business as defined in Chapter 287, Part II, F.S.

(2) Extra seats available on aircraft being utilized for state official business may be utilized by persons who are traveling consistent with official state business or for the purpose of providing services for the state.

(3) In emergency situations when the protection of life or property is involved and no other satisfactory means of transportation is available, state aircraft may be utilized.

(4) Persons not on official state business and not included in subsection (2) or (3) above may be transported on a space available basis when so approved by and when accompanying the Governor, the Lt. Governor, a member of the Cabinet, the Speaker of the House of Representatives, the President of the Senate or the Chief Justice of the Supreme Court; however, such transportation shall not be considered to be official state business.

(5) No candidate for public office shall be transported on state aircraft solely for the purpose of furthering his candidacy; however, if a candidate traveling by state aircraft on official state business performs functions in the furtherance of his candidacy, the trip expenses shall be pro-rated pursuant to laws or rules pertaining to campaign financing, and in accordance with paragraph 60B-4.004(3)(d), F.A.C., of this chapter.

(6) Insofar as is practicable, air transportation of an executive or administrative nature is to be provided to the state agencies by aircraft operated by the Bureau of Aircraft in the executive aircraft pool.

(7) Special purpose aircraft may be used for official state business travel not related to the purposes of assignment, but only when such travel can be accomplished without interfering with the purposes of assignment or impairment to the programs in which the aircraft are utilized.

(8) The administrative head of an agency, upon the determination that an employee or other person has improperly used a state-owned, leased, loaned, or rented aircraft shall take such action as he feels just and proper under the circumstances in compliance with existing personnel rules and regulations regarding disciplinary actions. Each incident of improper use shall be reported to the state comptroller, detailing the nature of such improper use and the action taken.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 106.15, 287.17, 287.20 FS. History–New 11-28-83, Formerly 13B-6.03, 13B-6.003.

Fla. Admin. Code R. 60B-4.004 Charges for Aircraft Use

(1) The head of a state agency which has the ownership, custody, possession or control of aircraft shall establish charges for flight hours or aircraft services furnished to other state agencies or to other entities pursuant to Rule 60B-4.003, F.A.C., of this chapter.

(2) Any aircraft charges or distribution of aircraft expenses made to users within an agency which has ownership, custody, possession or control of aircraft shall be consistent with the formula established in this rule.

(3) The formula for computing aircraft charges shall be as follows:

(a) If all charges are lawfully payable from public funds, each passenger’s prorated charge shall be the result of a fraction whose numerator is the direct costs of aircraft operation and the denominator is the actual number of passengers making the trip.

(b) If a portion of the aircraft charges is due from persons other than governmental units and the travel is consistent with official state business, each such private traveler shall be charged the result of a fraction whose numerator is the direct costs of aircraft operation and whose denominator is the number of passenger seats in the aircraft. The remaining direct costs of aircraft operation shall be prorated among the actual travelers at public expense in accordance with paragraph (3)(a) of this rule.

(c) If a portion of the aircraft charges is due from persons other than governmental units and the travel is not consistent with official state business, each such private traveler shall be charged the result of a fraction whose numerator is the total direct and fixed expenses related to the ownership, operation and use of such aircraft, and whose denominator is the number of passenger seats in the aircraft.

The remaining variable costs of aircraft operation shall be prorated among the actual travelers at public expense in accordance with paragraph (3)(a) of this rule.

(d) If a portion of the aircraft charges is due from a candidate for public office traveling pursuant to subsection 60B-4.003(5), F.A.C., of this chapter, each candidate shall be charged the result of a fraction whose numerator is the total direct and fixed expenses related to the ownership, operation and use of such aircraft, and whose denominator is the actual number of passengers making the trip, or shall be charged one-half the total direct and fixed costs of aircraft ownership, operation and use, whichever is greater.

(e) No person transported shall be charged less than the mileage allowance fixed by the Legislature for use of privately-owned automobiles. State employees traveling on a space available basis shall not be charged more than that amount.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 106.15, 287.17, 287.20 FS. History–New 11-28-83, Formerly 13B-6.04, 13B-6.004.

Fla. Admin. Code R. 60B-4.005 Operation and Maintenance Procedures

(1)(a) Aircraft will be operated and maintained in accordance with Parts 43, 61 and 91 of the Federal Aviation Regulations and other parts thereof covering operation of standard category aircraft in non-commercial operations.

(b) Upon approval of the Division of Motor Pool, special purpose aircraft received through federal excess programs or the Florida Contraband Forfeiture Act may be exempted from the maintenance requirements of paragraph (1)(a) of this rule. Such aircraft shall be maintained in accordance with standards which equal or exceed Federal Aviation Administration requirements for standard category aircraft operated in non-commercial service.

(c) Minimum training and experience requirements for pilot-in-command may be established jointly by the Bureau of Aircraft and the operating agency in consideration of the class of aircraft operated and the complexity of operations.

(2) Agencies may acquire or provide inspection, repair and maintenance or overhaul services on assigned aircraft, except that the following must have prior approval of the Division of Motor Pool:

(a) Expenditures which under the provisions of state purchasing law must be competitively bid.

(b) Expenditures which involve changes or additions to equipment intended to expand or modify the capabilities of the aircraft.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 287.16(6) FS. History–New 11-28-83, Formerly 13B-6.05, 13B-6.005.

Fla. Admin. Code R. 60B-4.006 State Executive Aircraft Pool

(1) Purpose.

The executive aircraft pool is established within the Bureau of Aircraft to provide a means of travel which can enable officials and employees to maximize the productivity of their offices by limiting non-productive travel time.

The aircraft assigned shall be of a type capable of safe and reliable flight during night or instrument conditions. They shall be available on request either to meet pre-planned trip requirements, or those of an unforeseen or emergency nature.

(2) Appropriate use.

It shall be the responsibility of the head of any agency or legislative entity requesting the use of, or requesting travel in, an aircraft of the executive aircraft pool, to ensure that all such use or travel is in compliance with state law. Agency records maintained shall provide evidence of such compliance.

(3) Scheduling.

(a) Top priority for use of the jet aircraft shall be for the Governor’s travel and state economic development purposes.

(b) Other trip requests will be scheduled on a first-call, first-served basis, except that when an insufficient number of aircraft are available, the following scheduling priorities will be exercised:

First priority–the Governor, the Lt. Governor, a Cabinet Officer, the Speaker of the House of Representatives, the President of the Senate, the Chief Justice of the Supreme Court.

Second priority – Justices of the Supreme Court, appointed secretaries and executive directors of the executive branch, chairpersons of standing committees of the Legislature, and the chairpersons of the Public Service Commission and the Parole Commission.

Third priority – other authorized persons.

(4) Planning and coordination.

(a) Agency heads shall designate and limit the number of persons authorized to make arrangements for use of aircraft in the executive aircraft pool.

(b) The designees shall advise the executive aircraft pool office of the identity of all persons to be carried, the agency codes to be charged, the tentative destinations, and the dates and times of the planned travel. For the purpose of enabling the pool to establish charges consistent with Chapter 287, Part II, F.S., the agency designee shall also advise the executive pool office whenever a person to be transported is in one of the following categories:

Candidates for public office who will be performing any function in furtherance of their candidacy.
Persons traveling for purposes consistent with, but not necessarily constituting, state business.
Persons traveling for purposes other than official state business.

(c) Revised approvals or revised plans as to aircraft departure times, enroute stops, or passenger identities which occur too late to be communicated to the executive aircraft office shall be communicated to the aircraft pilot by the agency designee or by the agency senior person traveling.

(d) Documentation of the information furnished to the executive aircraft pool pursuant to subsections (a), (b) and (c) shall be maintained in the records of any agency or legislative entity who approves and is furnished such transportation.

(5) Charges.

(a) Any state agency or legislative entity that is furnished transportation or other aircraft services by an executive pool aircraft shall be charged for the expenses of such aircraft operation.

(b) Such expenses and charges shall be calculated in accordance with the formula set forth in subsection 60B-4.004(3), F.A.C., of this chapter.

History

Rulemaking Authority 287.16(6), 287.161 FS. Law Implemented 106.15, 287.161, 287.17 FS. History–New 11-28-83, Formerly 13B-6.06, Amended 5-18-87, 6-7-89, Formerly 13B-6.006.

Fla. Admin. Code R. 60B-4.007 Energy Conservation Policy

History

Rulemaking Authority 287.16(5) FS. Law Implemented 287.16, 287.161, 287.17, 287.20 FS. History–New 11-28-83, Formerly 13B-6.07, 13B-6.007, Repealed 3-2-17.

Fla. Admin. Code R. 60B-4.008 Reports and Records

(1) On forms or other means provided or approved by the Division of Motor Pool, agencies owning, operating, chartering, leasing, renting, or otherwise having possession or control of aircraft will furnish the Division of Motor Pool with a complete record of all aircraft activities including:

(a) Certification on aircraft trip logs of the dates, times, purposes, departures and landing points of each flight and the identity, boarding point and destination of each person on board.

(b) The fixed and variable expenses related to the ownership, operation and use of aircraft.

(c) Certification by the agency head or his/her designee that the records and information furnished have been reviewed for compliance with all provisions of this chapter and with applicable law.

(d) Other operational data or estimates of planned use requirements and expenditures.

(2) The reports required by paragraphs (1)(a), (b) and (c) are to be submitted on a monthly basis so as to be received at the Bureau of Aircraft by the end of the succeeding month. Reports required by paragraph (1)(d) are to be submitted on an annual or special basis as determined by the division.

History

Rulemaking Authority 287.16(6) FS. Law Implemented 287.16(8) FS. History–New 11-28-83, Formerly 13B-6.08, 13B-6.008.

Division 60GG Florida Digital Service

Chapter 60GG-1 DEPARTMENT OF MANAGEMENT SERVICES PROJECT MANAGEMENT AND OVERSIGHT

Fla. Admin. Code R. 60GG-1.001 Purpose and Applicability; Definitions

(1) This rule establishes the Florida Information Technology Project Framework (FL-ITPF), a comprehensive framework for the management, oversight, and Independent Verification and Validation (IV&V) of State and Cabinet Agencies’ (collectively, “Enterprise Agencies”) Information Technology (IT) Projects. The FL-ITPF consists of four phases: Initiating, Planning, Executing, and Closing. This rule sets forth standards, procedures, and documentation requirements to ensure IT Projects are executed effectively, efficiently, and in accordance with state statutes, rules, and best practices.

(2) This rule chapter establishes:

(a) In Rule 60GG-1.002, F.A.C., project management standards for State Agencies when implementing IT Projects as outlined in sections 282.0051(1)(c) and (n), F.S., and for Cabinet Agencies as outlined in sections 282.0051(1)(m), (n), and 282.00515(1), F.S.,

(b) In Rule 60GG-1.003, F.A.C., oversight standards for State Agency IT Projects as outlined in section 282.0051(1)(d), F.S., and Cabinet Agency IT Projects as outlined in sections 282.0051(1)(m) and (n), F.S.; and requirements for IV&V.

(3) The Department of Management Services, through the Florida Digital Service (“FLDS”), will advise from both planning and technical perspectives within the FL-ITPF and throughout the Project Management lifecycle of IT Projects when performing oversight, as required by law, and upon Enterprise Agency request. Advisement is intended to enhance the Enterprise Agencies' capabilities in Project planning, Risk and Issue management, compliance, and execution, thereby facilitating successful Project outcomes that align IT Projects with the strategic objectives of the state and its citizens. Project management standards and best practices promote transparency, accountability, the optimal use of technology resources, and enhancement to digital services and infrastructure.

(4) Documentation requiring submission in accordance with this rule chapter must be submitted to FLDS using the FLDS Gateway which can be accessed at https://www.gateway.digital.fl.gov/.

(5) FLDS-03, Calculating Acceptable Variance and Risk Assessment Guidelines, effective 06/2026, and available at http://flrules.org/Gateway/reference.asp?No=Ref-19254, is hereby incorporated by reference.

(6) Definitions. The following definitions are applicable to all rules under Chapter 60GG-1, F.A.C., and Form FLDS-03, Calculating Acceptable Variance and Risk Assessment Guidelines.

(a) Actual Project Cost – the amount Paid for the work performed on an activity or set of activities.

(b) Baseline – the Enterprise Agency approved version of a Project’s Scope, Schedule, and budget identified in the Project Management Plan. The Baseline can be changed only through a formal Change Control Procedure, as described in the Enterprise Agency’s approved Project Management Plan and with the written approval of the Project sponsor designated by the Enterprise Agency.

(c) Business Day – Monday through Friday, inclusive, excluding those holidays specified in section 110.117, F.S., from 8:00 a.m. to 5:00 p.m.

(d) Cabinet Agency – the Department of Legal Affairs, Department of Agriculture and Consumer Services, and Department of Financial Services.

(e) Change Control Procedure – process whereby modifications to Project documents, deliverables, or Baselines are identified, documented, reviewed, and approved or rejected.

(f) Encumbered – the amount of money or funds obligated through contracts or purchase orders that have not yet been incurred. The date of encumbrance is the date the contract or purchase order is executed.

(g) Enterprise Agencies – State Agencies and Cabinet Agencies to the extent they are subject to the requirements in this rule chapter.

(h) Florida Information Technology Project Framework (“FL-ITPF”) – the series of phases of Information Technology Project Management that includes Initiating, Planning, Executing, and Closing. These phases may overlap.

(i) Independent Verification and Validation (“IV&V”) Services – third-party support services that provide an independent and impartial assessment of progress and work products of an IT Project throughout the Project Management lifecycle. These services must be provided by an entity that does not have technical, managerial, or financial interest in the Project and may not have responsibility for, or participate in, any other aspect of the Project.

(j) Information Technology Project (“Project”) – “information technology” “project” as those terms are defined in section 282.0041, F.S., which includes, but is not limited to, initiatives, programs (i.e.- a group of initiatives managed in a coordinated manner to obtain benefits not available from managing them individually), or portfolios (i.e.- a group of initiatives managed together to achieve strategic business goals).

(k) Information Technology Project Management – the application of knowledge, skills, tools, and techniques to phased FL-ITPF activities to complete the work defined in the Project Management Plan to satisfy the IT Project requirements.

(l) Invoiced – the amount of money or funds that have been billed for contracts and purchase orders but which payment has not yet been issued.

(m) Issue ‒ a current condition or event that may have an impact on the project objectives. An Issue may originate as a Risk or may be previously unidentified.

(n) Key Performance Indicator (KPI) – quantifiable measures used to gauge progress toward strategic or operational goals, to assess performance against expectations, and to make informed decisions. KPIs connect high-level objectives to project activities, helping to track performance, understand areas needing improvement, and determine if the project is achieving its intended value.

(o) Legislative Budget Request (“LBR”) – as defined in section 216.011, F.S.

(p) Milestone – a significant, planned event in a project that marks the completion of a major deliverable or phase, or a critical decision point, rather than the completion of a specific task or duration of time. Milestones have zero duration and require no resources in the project schedule to signify important progress and aid in communication with stakeholders.

(q) Operations and Maintenance – ongoing or recurring activities or efforts performed to sustain, support, operate, or enhance an existing system, service, or capability.

(r) Planned Project Cost – the amount of money or funds that have been budgeted for project expenses. This is also commonly referred to as projected amounts.

(s) Project Management Professional – a certification administered by the Project Management Institute that demonstrates experience, education, and competency to lead and direct projects.

(t) Project Management Plan – the document that describes how the phased Project Management lifecycle activities are performed and governed throughout the Project. The approved Project Management Plan establishes the Scope, Schedule, and budget for completing the work product. The Project Management Plan also includes a detailed breakdown of tasks, requirements and deliverables, and spend plan.

(u) Project Oversight – an independent review and analysis of an IT Project that provides information on the Project’s Scope, status, task completion, timeframes, and budget, and that identifies and quantifies Issues or Risks affecting the successful and timely completion of the Project.

(v) Risk – an uncertain condition or event that, if it occurs, has a positive or negative effect on the IT Project’s Baselined Scope, Schedule, or budget. Once a Risk has been realized, it becomes an Issue.

(w) Schedule – a component of the Project Management Plan that presents time-based and linked activities with planned dates, duration, Milestones, and resources.

(x) Schedule IV-B – the Schedule IV-B form required to be submitted by an Enterprise Agency for IT projects with a Total Project Cost of one million dollars or more as part of an Enterprise Agency’s legislative budget request pursuant to section 216.023, F.S.

(y) Scope – the combined objectives and requirements needed to complete an IT Project. The Scope impacts the critical success factors defined for the IT Project and, when a Schedule IV-B is submitted, must trace the Project charter to the Project Management Plan.

(z) State Agency – as defined in section 282.0041(34), F.S.

(aa) Total Project Cost – any expenditures made or estimated to be made or monetary obligations to be incurred or estimated to be incurred throughout the IT Project as defined in the approved Project Management Plan.

(bb) Variance – as defined in section 282.0041(38), F.S.

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0041, 282.0051, 282.00515 FS. History‒New 7-16-15, Amended 8-1-16, Formerly 74-1.001, Amended 6-17-26.

Fla. Admin. Code R. 60GG-1.002 Project Management Standards for Florida Information Technology Projects

(1) Project Management Standards. Pursuant to section 282.0051(1)(c), F.S., State Agencies must comply with the Project management standards in this rule when implementing all IT Projects. Pursuant to section 282.00515(1), F.S., Cabinet Agencies must adopt the Project management standards in this rule unless adopting alternative standards as provided in section 282.00515(1), F.S.

(2) Initiating Phase. The purpose of this process phase is to begin defining the overall Project parameters. This includes aligning the stakeholders’ expectations with the Project’s purpose and establishing the project management and quality environment needed for a successful outcome. During the Initiating Phase, if an LBR is required, Enterprise Agencies must draft any necessary LBR and supporting documentation for the IT Project and may request FLDS provide technical advisement when developing such LBRs. Enterprise Agencies shall create and document the following for the Project:

(a) A preliminary Risk assessment and preliminary mitigation strategy. This assessment should highlight any significant Risks and preliminary mitigation strategies identified during the Initiating Phase.

(b) A stakeholder analysis, identifying known key Project stakeholders and their expectations. If an Enterprise Agency’s Project must be connected to or otherwise be accommodated by an information technology system or Project administered by another Enterprise Agency, the Enterprise Agency administering the Project must notify the other Enterprise Agency.

(3) Planning Phase. Within the Planning Phase, the Project team will begin creating Project documents that will identify all the processes and activities necessary to successfully deliver the Project outcomes, including a detailed breakdown of tasks, requirements and deliverables, and spend plan for completing the IT Project. The Project team documents those processes and activities in the Project Management Plan. The Project Management Plan, and other documents created during the Planning Phase will explore all aspects of the Project such as Scope, Schedule, duration, Total Project Cost, quality, communications, resources, Risks, procurement, and stakeholder engagement. The Project Management Plan shall include the following:

(a) Scope. Define and document the Project Scope, including specific deliverables, exclusions, and any dependencies.

(b) Performance Measurements and Metrics. Define the Baseline and specific performance measurements and metrics that reflect the Scope, Schedule, and Planned Project Cost and Actual Project Cost.

(c) Methodologies for Calculating Acceptable Variances. Develop and document methodologies within the Project Management Plan for defining and calculating acceptable Variances between Baseline and actual Scope, Schedule, and Planned Project Cost and Actual Project Cost, ensuring these methodologies are clear and actionable.

(d) Reporting Requirements. Specify the content, format, and frequency of Project updates.

(e) Technical Standards. Ensure the Project Management Plan aligns with the Enterprise Architecture (EA) as defined in Chapter 60GG-5, F.A.C., and adheres to all applicable technical standards set forth by statute, rule, or applicable policy. This includes data security, privacy compliance, and any other relevant IT standards.

(f) Regulatory Checklist. Integrate a checklist to ensure Enterprise Agency adherence to all applicable state and federal statutes and rules, including data security and privacy laws. This checklist will serve as a continuous reference point for the Enterprise Agency to ensure regulatory compliance throughout the Project.

(g) Cost Management Plan. A plan that identifies how the Total Project Costs will be planned, structured and controlled throughout the Project lifecycle.

(h) Risk Management Plan. A plan to identify, assess and manage Risks that may affect a project’s objectives. This plan should be comprehensive, addressing both known Risks at the outset and providing a framework for identifying and addressing future Risks.

(i) Issue Management Plan. A plan to identify Issues, their impact, and management strategies. This plan should be comprehensive, providing a framework for identifying ownership and severity, and managing Issues to a resolution.

(j) Change Management Plan. A plan that documents the Change Control Procedure and processes the Project will follow to make changes to Project artifacts and Baselines for the Scope, Schedule, and budget.

(k) Quality Management Plan. A plan that identifies the requirements, quality standards and criteria for a Project, detailing how quality will be managed throughout the Project lifecycle.

(l) Stakeholder Engagement Plan. A plan outlining strategies for maintaining active communication and collaboration with all identified stakeholders throughout the Project Management lifecycle.

(m) Lessons Learned. Lessons learned from Project team members and stakeholders throughout the Project Management lifecycle. Agencies must continue to document lessons learned throughout the Project Management lifecycle, as described in the approved Project Management Plan.

(4) Executing Phase. In the Executing Phase, the Enterprise Agency established Project team performs the processes documented within the Project Management Plan. This involves coordinating people and resources, managing stakeholder expectations, monitoring Project performance, and making any needed course corrections. Enterprise Agencies must:

(a) Track and monitor Project progress toward defined Baseline Scope, Schedule, and Planned Project Cost and Actual Project Cost as described in the Project Management Plan.

(b) Monitor and control Planned Project Costs and Actual Project Costs as described in the cost management plan.

(d) Monitor and control Issues as described in the issue management plan.

(e) Monitor and control changes as described in the change management plan.

(f) Monitor and control quality as described in the quality management plan.

(g) Monitor and manage stakeholder engagement as described in the stakeholder engagement plan.

(5) Closing Phase. The Closing Phase is the last phase of the Project Management lifecycle and begins once the Project’s product is accepted and transferred to the Enterprise Agency’s supporting business unit, or a decision is made to suspend or cancel the Project. The completion of all Project closing activities signifies the formal ending of all Project work. In multi-stage Projects, a closing phase may occur after each Project stage, such as upon a deliverable or stage completion. The Enterprise Agency will ensure that system operations are transitioned to the appropriate support and operational entities during this phase. Enterprise Agencies must:

(a) Conduct a Project closeout review to assess performance against Scope, Schedule, and budget.

(b) Prepare a closing package that documents the Project’s accomplishments against the Project Scope, Schedule, and Planned Project Cost Baselines. Include the lessons learned, regulatory checklist, and completed final deliverables with supporting documentation within 90 calendar days of Project completion.

(6) Subsections (2) through (5) of this rule shall not apply to Operations and Maintenance Projects provided that all three of the following conditions are satisfied: total effort is less than 320 hours; planned completion is less than 60 calendar days; and Total Project Cost is less than $500,000. For Operations and Maintenance Projects falling below these thresholds, Enterprise Agencies must create and maintain an Operations and Maintenance plan. Enterprise Agencies must manage Operations and Maintenance Projects in accordance with the Operations and Maintenance plan.

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0041, 282.0051, 282.0515 FS. History–New 7-16-15, Formerly 74-1.002, Amended 6-17-26.

Fla. Admin. Code R. 60GG-1.003 Project Oversight Requirements for Florida Information Technology Projects Subject to Project Oversight

This section is applicable to any IT Project if the Total Project Cost, as documented in the Schedule IV-B or other documentation, is at or above the statutory thresholds established in section 282.0051(1)(d), F.S., for State Agencies and section 282.0051(1)(m), F.S., for Cabinet Agencies, or is otherwise legally subject to FLDS oversight. When compliance with these Project Oversight requirements presents operational challenges or significant Project Risks, the Enterprise Agency must comply with the standards set forth in Rule 60GG-1.004, F.A.C.

(1) All Phases. During all phases of the FL-ITPF, the Enterprise Agency shall invite FLDS to Project status and governance meetings, continuing oversight team meetings required by section 287.057(26), F.S., and IV&V meetings, providing meeting notices and materials in advance.

(a) A Project Management Professional is required for any project meeting the criteria for FLDS oversight. The Project Management Professional shall, on behalf of the Enterprise Agency, lead the entire Project team in the completion of the full project scope throughout the project lifecycle. This Project Management Professional must be an Enterprise Agency employee or an individual employed by a contractor of the Enterprise Agency.

(b) The Project Management Professional leading the Project team will serve as the primary point of contact for FLDS unless the Enterprise Agency designates another individual as the primary point of contact for FLDS. If the Enterprise Agency designates another individual as the primary point of contact for FLDS, such designee must be an employee of the Enterprise Agency.

(c) IV&V must be employed throughout the Project lifecycle for any Project that meets the criteria for FLDS oversight. The Enterprise Agency shall also comply with the following requirements relating to such IV&V services:

The Enterprise Agency shall provide a copy of its Legislative Budget Request to FLDS for review prior to its submission to the Office of Policy and Budget.
The Enterprise Agency shall provide a copy of all procurement documentation for the IV&V services to FLDS for review prior to posting.
All Enterprise Agency approved IV&V contract deliverables and invoices shall be provided to FLDS within three (3) business days after receipt of such deliverables by the Enterprise Agency.

(2) Initiating Phase Oversight. The following documentation created during the Initiating Phase must be provided to FLDS:

(a) Copies of LBRs and supporting documentation approved by the Enterprise Agency.

(b) A preliminary Risk assessment and preliminary mitigation strategy. This assessment should highlight any significant Risks and preliminary mitigation strategies identified during the Initiating Phase.

(d) A copy of the executed contract for IV&V Services, if such are required for the IT Project, within 10 Business Days of the contract being executed.

(e) A stakeholder analysis, identifying known key Project stakeholders and their expectations. Stakeholder analysis should be conducted on an ongoing basis throughout the Project lifecycle. If an Enterprise Agency’s Project must be connected to or otherwise be accommodated by an information technology system or Project administered by another Enterprise Agency, the Enterprise Agency administering the Project must notify the other Enterprise Agency.

(3) Planning Phase Oversight. During the Planning Phase, FLDS will assess a Risk level of low, medium, or high for reporting based on the documentation submitted by the Enterprise Agency. FLDS will assess risk based on the methodology selected by the Enterprise Agency for calculating acceptable Variances as established within Form FLDS-03, Calculating Acceptable Variance and Risk Assessment Guidelines. Enterprise Agencies must, during the Planning Phase:

(a) Provide the Project Management Plan to FLDS before the Executing Phase begins and within 10 Business Days of any approved change to the Project Management Plan or subsidiary plans.

(b) Provide FLDS with a current spend plan by the 10th of each month.

(d) Update FLDS, in writing, on Project progress through reports by the 10th of each month, that includes:

Project name, description, and reporting period.
Current FL-ITPF phase and Milestones achieved.
Key performance indicators (KPIs) status.
Summary of identified Risks and Issues.
Variances from the Baseline Scope, Schedule, and budget. Enterprise Agencies must calculate acceptable Variance using one of the following:

(I) Earned Value Analysis as defined in FLDS-03, Calculating Acceptable Variance and Risk Assessment Guidelines.

(II) Cost and Schedule Variance analysis as defined in FLDS-03, Calculating Acceptable Variance and Risk Assessment Guidelines.

Progress toward critical success factors as listed in the LBR.
Procurement statuses identifying key dates and financial information of all in-progress procurements and planned procurements.

(4) Executing Phase Oversight. During the Executing Phase, FLDS will assess a Risk level of low, medium, or high for reporting based on the documentation submitted by the Enterprise Agency. FLDS will assess risk at least quarterly based on the calculation guidelines established within Form FLDS-03, Calculating Acceptable Variance and Risk Assessment Guidelines, and provide the Enterprise Agency with an update on the overall risk level for the IT Project. During the Executing Phase, Enterprise Agencies must:

(a) Provide FLDS with a current spend plan by the 10th of each month. The spend plan must include Planned Project Cost and Actual Project Cost. The spend plan may also include Encumbered and Invoiced amounts.

(b) Provide FLDS updated Project Schedules by the 10th of each month.

Project name, description, and reporting period.
Current FL-ITPF phase and Milestones achieved.
Key performance indicators (KPIs) status.
Summary of identified Risks and Issues.
Variances from the Baseline Scope, Schedule, and budget. Enterprise Agencies must calculate acceptable Variance using one of the following:

(I) Earned Value Analysis as defined in FLDS-03, Calculating Acceptable Variance and Risk Assessment Guidelines.

(II) Cost and Schedule Variance analysis as defined in FLDS-03, Calculating Acceptable Variance and Risk Assessment Guidelines.

Progress towards critical success factors as listed in the LBR.
Procurement statuses identifying key dates and financial information of all in-progress procurements and planned procurements.

(d) Provide to FLDS all requested documentation and/or Project artifacts within 10 Business Days of the request by FLDS.

(5) Closing Phase Oversight. During the Closing Phase, Enterprise Agencies must:

(a) Notify FLDS of Project completion or decision to suspend/cancel the Project within 10 Business Days of determination.

(b) Provide FLDS with the Project’s closing package, including the final deliverables; documentation of the Project’s accomplishments against the Project Scope, Schedule, and Planned Project Cost Baselines; closeout review findings, a documentation showing benefits realized that trace to the Schedule IV-B, and lessons learned, within 90 calendar days of Project completion or a decision to suspend/cancel the Project. FLDS will consider Project Oversight complete upon FLDS receipt of the final closing package.

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0041, 282.0051, 282.00515 FS. History–New 7-16-15, Amended 8-1-16, Formerly 74-1.003, Amended 6-17-26.

Fla. Admin. Code R. 60GG-1.004 Plan of Action and Milestones for Florida Information Technology Projects

(1) Plan of Action and Milestones (POA&M). Enterprise Agencies must submit a POA&M when the Enterprise Agency discovers full compliance with Rule 60GG-1.003, F.A.C., presents operational challenges or significant Project Risks.

(a) POA&M Submission Requirements. The POA&M must include the following:

Justification that provides a detailed explanation of the operational challenges or significant Risks to the Project that prevent full compliance with Rules 60GG-1.002 and 1.003, F.A.C., and evidence that addresses why compliance is not feasible or practicable.
A compliance plan of action that outlines clear objectives and timelines for achieving future compliance with the requirements in Rules 60GG-1.002 and 1.003, F.A.C.

(b) The FLDS review and documentation process of the POA&M includes the following phases:

Review. Upon initial review of the POA&M, FLDS may request additional information, clarification, or documentation from the Enterprise Agency. Within 10 Business Days of receipt, FLDS will review the Enterprise Agency's submission, providing written feedback with consultative observations and recommendations to support efforts to comply with Rules 60GG-1.002 and 1.003, F.A.C.
Follow-up. Enterprise Agencies with POA&Ms must provide progress updates to FLDS monthly from the date FLDS provided written feedback with consultative observations and recommendations until compliance with the requirements in Rules 60GG-1.002 and 1.003, F.A.C., are met.

(2) POA&M Reporting. In the quarterly reporting submitted pursuant to section 282.0051(1)(d), F.S., FLDS will document any Enterprise Agency that has submitted a POA&M to FLDS.

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0041, 282.0051, 282.00515 FS. History–New 7-16-15, Amended 8-1-16, Formerly 74-1.004, Amended 6-17-26.

Fla. Admin. Code R. 60GG-1.005 Execution

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0041, 282.0051 FS. History–New 7-16-15, Amended 8-1-16, Formerly 74-1.005, Repealed 6-17-26.

Fla. Admin. Code R. 60GG-1.006 Monitoring and Controlling

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0041, 282.0051 FS. History–New 7-16-15, Amended 8-1-16, Formerly 74-1.006, Repealed 6-17-26.

Fla. Admin. Code R. 60GG-1.007 Closeout

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0041, 282.0051 FS. History–New 7-16-15, Amended 8-1-16, Formerly 74-1.007, Repealed 6-17-26.

Fla. Admin. Code R. 60GG-1.008 Compliance with the Florida Information Technology Project Management and Oversight Standards

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0041, 282.0051 FS. History–New 7-16-15, Formerly 74-1.008, Repealed 6-17-26.

Fla. Admin. Code R. 60GG-1.009 Department of Management Services (DMS) Oversight

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0041, 282.0051 FS. History–New 7-16-15, Amended 8-1-16, Formerly 74-1.009, Repealed 6-17-26.

Chapter 60GG-2 STATE OF FLORIDA CYBERSECURITY STANDARDS

Fla. Admin. Code R. 60GG-2.001 Purpose and Applicability; Definitions; Agency Requirements

(1) Purpose and Applicability.

(a) Rules 60GG-2.001 through 60GG-2.006, F.A.C., will be known as the State of Florida Cybersecurity Standards (SFCS).

(b) These rules establish cybersecurity standards for information technology (IT) resources. Agencies must comply with these standards in the management and operation of state IT resources. This rule is modeled after the National Institute of Standards and Technology (NIST) Framework for Improving Critical Infrastructure Cybersecurity, Version 1.1, and the Federal Information Security Management Act of 2002 (44 U.S.C. §3541, et seq.). For the convenience of the reader cross-references to these documents and Special Publications issued by the NIST are provided throughout the SFCS as they may be helpful to Agencies when drafting their cybersecurity procedures. For procurement of IT commodities and services, the commodity or service must comply with the NIST Framework for Improving Critical Infrastructure Cybersecurity, Version 1.1 (April 2018). The SFCS:

Establish minimum standards to be used by Agencies to secure IT resources. The SFCS consists of five high-level functions: Identify, Protect, Detect, Respond, and Recover. These functions support lifecycle management of IT risk. The functions identify underlying key categories and subcategories for each function. Subcategories contain specific IT controls. The SFCS are visually represented as follows:

Function Unique Identifier

Function

Category Unique Identifier

Category

Identify

ID.AM

Asset Management

ID.BE

Business Environment

ID.GV

Governance

ID.RA

Risk Assessment

ID.RM

Risk Management Strategy

ID.SC

Supply Chain Risk Management

Protect

PR.AC

Identity Management and Access Control

PR.AT

Awareness & Training

PR.DS

Data Security

PR.IP

Information Protection Processes & Procedures

PR.MA

Maintenance

PR.PT

Protective Technology

Detect

DE.AE

Anomalies & Events

DE.CM

Security Continuous Monitoring

DE.DP

Detection Processes

Respond

RS.RP

Response Planning

RS.CO

Communications

RS.AN

Analysis

RS.MI

Mitigation

RS.IM

Improvements

Recover

RC.RP

Recovery Planning

RC.IM

Improvements

RC.CO

Communications

Category Unique Identifier subcategory references are detailed in Rules 60GG-2.002 ‒ 60GG-2.006, F.A.C., and are used throughout the SFCS as applicable.

Define minimum management, operational, and technical security controls to be used by Agencies to secure IT resources.
Allow authorizing officials to employ compensating security controls or deviate from minimum standards when the Agency is unable to implement a security standard, or the standard is not cost-effective due to the specific nature of a system or its environment. The Agency shall document the reasons why the minimum standards cannot be satisfied and the Compensating Controls to be employed. After the Agency analyzes the issue and related risk, a compensating security control or deviation may be employed if the Agency documents the analysis and risk steering workgroup, as outlined in subsection 60GG-2.002(5), F.A.C., accepts the associated risk. This documentation is exempt from Section 119.07(1), F.S., pursuant to Sections 282.318(4)(d), and (4)(e), F.S., and upon acceptance by the risk steering workgroup, shall be securely submitted to the Florida Digital Service (FL[DS]).

(c) The NIST Framework for Improving Critical Infrastructure Cybersecurity, Version 1.1 (April 2018), maintained at: https://nvlpubs.nist.gov/nistpubs/CSWP/NIST.CSWP.04162018.pdf, is hereby incorporated by reference into this rule: http://www.flrules.org/Gateway/reference.asp?No=Ref-14659.

(2) Definitions.

(a) This rule defines the following terms used in rule Chapter 60GG-2, F.A.C.:

Agency – shall have the same meaning as state agency, as provided in Section 282.0041, F.S., except that, per Section 282.318(2), F.S., the term also includes the Department of Legal Affairs, the Department of Agriculture and Consumer Services, and the Department of Financial Services.
Agency-owned (also Agency-managed) – any device, service, or technology owned, leased, or managed by the Agency for which an Agency through ownership, configuration management, or contract has established the right to manage security configurations, including provisioning, access control, and data management.
Authentication – A process of determining the validity of one or more credentials used to claim as digital identity.
Authentication protocol – a defined sequence of messages between a claimant and the relying parties (RP) or credential service provider (CSP) that demonstrate that the claimant has control of a valid token to establish his or her identity.
Breach – means unauthorized access of data in electronic form containing personal information. Good faith access of personal information by an employee or agent of the entity which acquires, maintains, stores, or uses the data does not constitute a breach of security, provided that the information is not used for a purpose unrelated to the business or subject to further unauthorized use.
Buyer – refers to the downstream people or organizations that consume a given product or service from an organization, including both for-profit and not-for-profit organizations.
Compensating Controls – a management, operational, and/or technical control (i.e., safeguard or countermeasure) employed by an organization in lieu of a recommended security control in the low, moderate, or high baselines that provides equivalent or comparable protection for an information system.
Complex Password – a password sufficiently difficult to correctly guess, which enhances protection of data from unauthorized access. Complexity requires at least eight characters that are a combination of at least three of the following character types: uppercase letters, lowercase letters, numbers, and special characters (@, #, $, %, etc.).
Continuity of Operations Plan (COOP) – disaster-preparedness plan created pursuant to Section 252.365(3), F.S.
Critical Infrastructure – systems and assets, whether physical or virtual so vital to the U.S. that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.
Critical Process – a process that is susceptible to fraud, cyberattack, unauthorized activity, or disruption seriously impacting an Agency’s mission.
Customer – an entity in receipt of services or information rendered by an Agency. This term does not include state agencies with regard to information sharing activities.
Cybersecurity Event – a cybersecurity change that may have an impact on Agency operations (including mission, capabilities, or reputation).
Data-at-rest – stationary data which is stored physically in any digital form.
External Partners – non-agency entities doing business with an Agency, including other governmental entities, third parties, contractors, vendors, Suppliers, and partners. External Partners do not include customers.
Incident – means a violation or imminent Threat of violation, whether such a violation is accidental or deliberate, of information technology resources, security, policies, or practices. An imminent Threat of violation refers to a situation in which the state agency has a factual basis for believing that a specific incident is about to occur.
Industry Sector(s) – the following major program areas of state government: Health and Human Services, Education, Government Operations, Criminal and Civil Justice, Agriculture and Natural Resources, and Transportation and Economic Development.
Information Security Manager (ISM) – the person designated pursuant to Section 282.318(4)(a), F.S.
Information System Owner – the Agency official responsible for the overall procurement, development, integration, modification, or operation and maintenance of the information system.
Information Technology Resources (IT Resources) – data processing hardware and software and services, communications, supplies, personnel, facility resources, maintenance, and training.
Legacy Applications – programs or applications inherited from languages, platforms, and techniques earlier than current technology. These applications may be at or near the end of their useful life but are still required to meet mission objectives or fulfill program area requirements.
Malware – means a computer program that is covertly or maliciously placed onto a computer or electronic device with the intent to compromise the confidentiality, integrity, or availability of data applications or operating systems.
Mobile Device – any computing device that can be conveniently relocated from one network to another.
Privileged User – a User that is authorized (and, therefore trusted) to perform security-relevant functions that ordinary Users are not authorized to perform.
Privileged Accounts – an information system account with authorizations of a Privileged User.
Remote Access – access by Users (or information systems) communicating externally to an information security perimeter.
Risk Assessment – the process of identifying security risks, determining their magnitude, and identifying areas needing safeguards.
Separation of Duties – an internal control concept of having more than one person required to complete a Critical Process. This is an internal control intended to prevent fraud, abuse, and errors.
Stakeholder – a person, group, organization, or Agency involved in or affected by a course of action related to Agency-owned IT resources.
Supplier (commonly referred to as “Vendor”) – encompasses upstream product and service providers used for an organization’s internal purposes (e.g., IT infrastructure) or integrated into the products or services provided to the Buyer. These terms are applicable for both technology-based and non-technology-based products and services.
Threat – any circumstance or event that has the potential to adversely impact an Agency’s operations or assets through an information system via unauthorized access, destruction, disclosure, or modification of information or denial of service.
Token Control – the process of ensuring, through the use of a secure authentication protocol, that the token has remained in control of and is being presented by the identity that the token was issued to and has not been modified.
User – a Worker or non-worker who has been provided access to a system or data.
Workforce – employees, contractors, volunteers, trainees, and other persons whose conduct, in the performance of work for the Agency, is under the direct control of the Agency, whether or not they are paid by the Agency (see User; Worker).
Worker – a member of the Workforce. A Worker may or may not use IT Resources. This includes employees, contractors, volunteers, trainees, and other persons whose conduct, in the performance of work for the Agency, is under the direct control of the Agency, whether or not they are paid by the Agency.

(3) In accordance with Section 282.318, F.S., each Agency must:

(a) Notify FL[DS] of all confirmed Threats, Incidents, or Breaches of state IT Resources.

(b) Ensure that the written specifications for cybersecurity requirements in solicitations, contracts, and service-level agreements for IT Resources and information technology services meet or exceed the applicable standards, guidelines, and best practices outlined in the National Institute of Standards and Technology Cybersecurity Framework.

(c) Submit the Agency’s strategic and operational cybersecurity plans to FL[DS] by July 31 each year. The Agency’s strategic and operational cybersecurity plans must be based on the statewide cybersecurity strategic plan created by FL[DS]. The Agency’s strategic and operational cybersecurity plans must:

Cover a 3-year period.
Define security goals, intermediate objectives, and projected Agency costs for the strategic issues of Agency information security policy, risk management, security training, security Incident response, and disaster recovery.
Include performance metrics that can be objectively measured to reflect the status of the Agency’s progress in meeting security goals and objectives identified in the Agency’s strategic information security plan.
Include a progress report and a project plan.

a. The progress report must measure the Agency’s progress made towards the Agency’s prior strategic and operational cybersecurity plan.

b. The project plan must include activities, timelines, and deliverables for security objectives that the Agency will implement during the current fiscal year.

Include an assessment that documents the gaps between requirements of this rule and current Agency controls.

(d) Conduct a comprehensive Risk Assessment every 3 years and in accordance with subsection 60GG-2.002(4), F.A.C.

History

Rulemaking Authority 282.318(11) FS. Law Implemented 282.0041, 282.318(3) FS. History-New 3-10-16, Amended 1-2-19, Formerly 74-2.001, Amended 9-18-22.

Fla. Admin. Code R. 60GG-2.002 Identify

The identify function of the FCS is visually represented as such:

Function

Category

Subcategory

Identify (ID)

Asset Management (AM)

ID.AM-1: Inventory Agency physical devices and systems

ID.AM-2: Inventory Agency software platforms and applications

ID.AM-3: Map Agency communication and data flows

ID.AM-4: Catalog interdependent external information systems

ID.AM-5: Prioritize IT Resources based on classification, criticality, and business value

ID.AM-6: Establish cybersecurity roles and responsibilities for the entire Workforce and third-party Stakeholders

Business Environment

(BE)

ID.BE-1: Identify and communicate the Agency’s role in the business mission/processes

ID.BE-2: Identify and communicate the Agency’s place in Critical Infrastructure and its Industry Sector to Workers

ID.BE-3: Establish and communicate priorities for Agency mission, objectives, and activities

ID.BE-4: Identify dependencies and critical functions for delivery of critical services

ID.BE-5: Implement resiliency requirements to support the delivery of critical services for all operating states (e.g., normal operations, under duress, during recovery)

Governance

(GV)

ID.GV-1: Establish and communicate an organizational cyber security policy

ID.GV-2: Coordinate and align cybersecurity roles and responsibilities with internal roles and External Partners

ID.GV-3: Understand and manage legal and regulatory requirements regarding cybersecurity, including privacy and civil liberties obligations

ID.GV-4: Ensure that governance and risk management processes address cybersecurity risks

Risk Assessment

(RA)

ID.RA-1: Identify and document asset vulnerabilities

ID.RA-2: Receive cyber Threat intelligence from information sharing forums and sources

ID.RA-3: Identify and document Threats, both internal and external

ID.RA-4: Identify potential business impacts and likelihoods

ID.RA-5: Use Threats, vulnerabilities, likelihoods, and impacts to determine risk

ID.RA-6: Identify and prioritize risk responses

Risk Management

Strategy

(RM)

ID.RM-1: Establish, manage, and ensure organizational Stakeholders understand the approach to be employed via the risk management processes

ID.RM-2: Determine and clearly express organizational risk tolerance

ID.RM-3: Ensure that the organization’s determination of risk tolerance is informed by its role in Critical Infrastructure and sector specific risk analysis

Supply Chain Risk Management (SC)

ID.SC-1: Establish management processes to identify, establish, assess, and manage cyber supply chain risk which are agreed to by organizational Stakeholders

ID.SC-2: Identify, prioritize, and assess Suppliers and third-party providers of information systems, components, and services using a cyber supply chain risk assessment process

ID.SC-3: Require Suppliers and third-party providers (by contractual requirement when necessary) to implement appropriate measures designed to meet the objectives of the organization’s information security program or cyber supply chain risk management plan

ID.SC-4: Routinely assess Suppliers and third-party providers to confirm that they are meeting their contractual obligations by conducting reviews of audits, summaries of test results, or other equivalent evaluations of Suppliers/providers

ID.SC-5: Conduct response and recovery planning and testing with Suppliers and third-party providers

(1) Asset Management. Each agency shall ensure that IT Resources are identified and managed. Identification and management shall be consistent with the IT Resource’s relative importance to agency objectives and the organization’s risk strategy. Specifically, each agency shall:

(a) Ensure that physical devices and systems within the organization are inventoried and managed (ID.AM-1).

(b) Ensure that software platforms and applications within the organization are inventoried and managed (ID.AM-2).

(c) Ensure that organizational communication and data flows are mapped and systems are designed or configured to regulate information flow based on data classification (ID.AM-3). Each Agency shall:

Establish procedures that ensure only Agency-owned or approved IT Resources are connected to the Agency internal network and resources.
Design and document its information security architecture using a defense-in-breadth approach. Design and documentation shall be assessed and updated periodically based on an Agency-defined, risk-driven frequency that considers potential Threat vectors (i.e., paths or tools that a Threat actor may use to attack a target).
Consider diverse Suppliers when designing the information security architecture.

(d) Each Agency shall ensure that interdependent external information systems are catalogued (ID.AM-4). Agencies shall:

Verify or enforce required security controls on interconnected external IT Resources in accordance with the information security policy or security plan.
Implement service level agreements for non-Agency provided technology services to ensure appropriate security controls are established and maintained.
For non-interdependent external IT Resources, execute information sharing or processing agreements with the entity receiving the shared information or hosting the external system in receipt of shared information.
Restrict or prohibit portable storage devices either by policy or a technology that enforces security controls for such devices.
Authorize and document inter-agency system connections.
Require that (e.g., contractually) external service providers adhere to Agency security policies.
Document Agency oversight expectations, and periodically monitor provider compliance.

(e) Each Agency shall ensure that IT Resources (hardware, data, personnel, devices and software) are categorized, prioritized, and documented based on their classification, criticality, and business value (ID.AM-5). Agencies shall:

Perform a criticality analysis for each categorized IT Resource and document the findings of the analysis conducted.
Designate an authorizing official for each categorized IT Resource and document the authorizing official’s approval of the security categorization.
Create a contingency plan for each categorized IT Resource. The contingency plan shall be based on resource classification and identify related cybersecurity roles and responsibilities.
Identify and maintain a reference list of exempt, and confidential and exempt Agency information or software and the associated applicable state and federal statutes and rules.

(f) Establish cybersecurity roles and responsibilities for the entire Workforce and third-party Stakeholders (ID.AM-6). Each Agency is responsible for:

Informing Workers that they are responsible for safeguarding their passwords and other Authentication methods.
Informing Workers that they shall not share their Agency accounts, passwords, personal identification numbers, security tokens, smart cards, identification badges, or other devices used for identification and Authentication purposes.
Informing Workers that use, or oversee or manage Workers that use, IT equipment that they shall report suspected unauthorized activity, in accordance with Agency-established Incident reporting procedures.
Informing Users that they shall take precautions that are appropriate to protect IT Resources in their possession from loss, theft, tampering, unauthorized access, and damage. Consideration will be given to the impact that may result if the IT Resource is lost, and safety issues relevant to protections identified in this subsection.
Informing Users of the extent that they will be held accountable for their activities.
Informing Workers that they have no reasonable expectation of privacy with respect to Agency-owned or Agency-managed IT Resources.
Ensuring that monitoring, network sniffing, and related security activities are only to be performed by Workers who have been assigned security-related responsibilities either via their approved position descriptions or tasks assigned to them.
Appointing an Information Security Manager (ISM). Agency responsibilities related to the ISM include:

a. Notifying FL[DS] of ISM designations and redesignations.

b. Specifying ISM responsibilities in the ISM position description.

c. Establishing an information security program that includes information security policies, procedures, standards, and guidelines; an information security awareness program; an information security risk management process, including the comprehensive Risk Assessment required by Section 282.318, F.S.; a Cybersecurity Incident Response Team; and a disaster recovery program that aligns with the Agency’s COOP Plan.

d. Each Agency ISM shall be responsible for the information security program plan.

Performing background checks and ensuring that a background investigation is performed on all individuals hired as IT Workers with access to information processing facilities, or who have system, database, developer, network, or other administrative capabilities for systems, applications, or servers with risk categorization of moderate-impact or higher. These positions often, if not always, have privileged access. As such, in addition to Agency-required background screening, background checks conducted by Agencies shall include a federal criminal history check that screens for felony convictions that concern or involve the following:

a. Computer related or IT crimes;

b. Identity theft crimes;

c. Financially-related crimes, such as: fraudulent practices, false pretenses and frauds, credit card crimes;

d. Forgery and counterfeiting;

e. Violations involving checks and drafts;

f. Misuse of medical or personnel records; and,

g. Theft.

Each Agency shall establish appointment selection disqualifying criteria for individuals hired as IT Workers that will have access to information processing facilities, or who have system, database, developer, network, or other administrative capabilities for systems, applications, or servers with risk categorization of moderate-impact or higher.

(2) Business Environment. Each Agency’s cybersecurity roles, responsibilities, and IT risk management decisions shall align with the Agency’s mission, objectives, and activities. To accomplish this, Agencies shall:

(a) Identify and communicate the Agency’s role in the business mission of the state (ID.BE-1).

(b) Identify and communicate the Agency’s place in Critical Infrastructure and its Industry Sector to inform internal Stakeholders of IT strategy and direction (ID.BE-2).

(d) Identify system dependencies and critical functions for delivery of critical services (ID.BE-4).

(e) Implement information resilience requirements to support the delivery of critical services for all operating states (ID.BE-5).

(3) Governance. Each Agency shall establish policies, procedures, and processes to manage and monitor the Agency’s operational IT requirements based on the Agency’s assessment of risk. Procedures shall address providing timely notification to management of cybersecurity risks. Agencies shall also:

(a) Establish and communicate a comprehensive cybersecurity policy (ID.GV-1).

(b) Coordinate and align cybersecurity roles and responsibilities with internal roles and External Partners (ID.GV-2).

(c) Document and manage legal and regulatory requirements regarding cybersecurity, including privacy and civil liberties obligations (ID.GV-3).

(d) Ensure governance and risk management processes address cybersecurity risks (ID.GV-4).

(4) Risk Assessment.

(a) Approach. Each Agency shall identify and manage the cybersecurity risk to Agency operations (including mission, functions, image, or reputation), Agency assets, and individuals using the following approach derived from the NIST Risk Management Framework (RMF). The Risk Assessment steps provided in the table below must be followed; however, Agencies may identify and, based on the risk to be managed, consider other Risk Assessment security control requirements and frequency of activities necessary to manage the risk at issue.

Risk Assessments

Categorize:

Categorize information systems and the information processed, stored, and transmitted by that system based on a security impact analysis.

Select:

Select baseline security for information systems based on the security categorization; tailoring and supplementing the security baseline as needed based on organization assessment of risk and local conditions.

Implement:

Implement the selected baseline security and document how the controls are deployed within information systems and environment of operation.

Assess:

Assess the baseline security using appropriate procedures to determine the extent to which the controls are implemented correctly, operating as intended, and producing the desired outcome with respect to meeting the security requirements for systems.

Authorize:

Authorize information system operation based upon a determination of the risk to organizational operations and assets, individuals, other organizations and the state resulting from the operation of the information system and the decision that this risk is acceptable.

Monitor:

Monitor and assess selected baseline security in information systems on an ongoing basis including assessing control effectiveness, documenting changes to the system or environment of operation, conducting security impact analyses of the associated changes, and reporting the security state of systems to appropriate Agency officials.

Agencies are required to consider the following security objectives when assessing risk and determining what kind of assessment is required and when or how often an assessment is to occur: confidentiality, integrity, and availability. When determining the potential impact to these security objectives Agencies will use the following table.

POTENTIAL IMPACT

Security Objectives:

LOW

MODERATE

HIGH

Confidentiality

Preserving authorized restrictions on information access and disclosure, including means for protecting personal privacy and proprietary information.

The unauthorized disclosure of information could be expected to have a limited adverse effect on organizational operations, organizational assets, or individuals.

The unauthorized disclosure of information could be expected to have a serious adverse effect on organizational operations, organizational assets, or individuals.

The unauthorized disclosure of information could be expected to have a severe or catastrophic adverse effect on organizational operations, organizational assets, or individuals.

Integrity

Guarding against improper information modification or destruction, and includes ensuring information non-repudiation and authenticity.

The unauthorized modification or destruction of information could be expected to have a limited adverse effect on organizational operations, organizational assets, or individuals.

The unauthorized modification or destruction of information could be expected to have a serious adverse effect on organizational operations, organizational assets, or individuals.

The unauthorized modification or destruction of information could be expected to have a severe or catastrophic adverse effect on organizational operations, organizational assets, or individuals.

Availability

Ensuring timely and reliable access to and use of information.

The disruption of access to or use of information or an information system could be expected to have a limited adverse effect on organizational operations, organizational assets, or individuals.

The disruption of access to or use of information or an information system could be expected to have a serious adverse effect on organizational operations, organizational assets, or individuals.

The disruption of access to or use of information or an information system could be expected to have a severe or catastrophic adverse effect on organizational operations, organizational assets, or individuals.

In accordance with Section 282.318(4)(d), F.S., each Agency shall complete and submit to FL[DS] no later than July 31, 2017, and every three years thereafter, a comprehensive Risk Assessment. In completing the Risk Assessment, Agencies shall follow the six-step process (“Conducting the Risk Assessment”) outlined in Section 3.2 of NIST Special Publication 800-30, utilizing the exemplary tables provided therein as applicable to address that particular Agency’s Threat situation. NIST Special Publication 800-30, Guide for Conducting Risk Assessments, Revision 1 (September 2012) is hereby incorporated by reference and may be found at: http://www.flrules.org/Gateway/reference.asp?No=Ref-06499. When establishing risk management processes, it may be helpful for Agencies to review NIST Risk Management Framework Special Publications – they can be downloaded from the following website: http://csrc.nist.gov/publications/PubsSPs.html. When assessing risk, Agencies shall estimate the magnitude of harm resulting from unauthorized access, unauthorized modification or destruction, or loss of availability of a resource. Estimates shall be documented as low-impact, moderate-impact, or high-impact relative to the security objectives of confidentiality, integrity, and availability.

(b) Other Agency risk management activities that Agencies shall perform:

Identify and document asset vulnerabilities (ID.RA-1), business processes and protection requirements. Establish procedures to analyze systems and applications to ensure security controls are effective and appropriate.
Receive and manage cyber Threat intelligence from information sharing forums and sources that contain information relevant to the risks or Threats (ID.RA-2).
Identify and document internal and external Threats (ID.RA-3).
Identify potential business impacts and likelihoods (ID.RA-4).
Use Threats, vulnerabilities, likelihoods, and impacts to determine risk (ID.RA-5).
Identify and prioritize risk responses, implement risk mitigation plans, and monitor and document plan implementation (ID.RA-6).

(5) Risk Management. Each Agency shall ensure that the organization’s priorities, constraints, risk tolerances, and assumptions are established and used to support operational risk decisions. Each Agency shall:

(a) Establish risk management processes that are managed and agreed to by Agency Stakeholders and the Agency head (ID.RM-1).

Establish a risk steering workgroup that ensures risk management processes are authorized by Agency Stakeholders. The risk steering workgroup must include a member of the Agency IT unit and shall determine the appropriate meeting frequency and Agency Stakeholders.

(b) Identify and clearly document organizational risk tolerance based on the confidential and exempt nature of the data created, received, maintained, or transmitted by the Agency; by the Agency’s role in Critical Infrastructure and sector specific analysis (ID.RM-2).

(c) Determine risk tolerance as necessary, based upon analysis of sector specific risks, the Agency’s Industry Sector; Agency-specific risks (e.g., Health Information Portability Accountability Act of 1996 compliance for Agencies that maintain this information), and the Agency’s role in the state’s mission (ID.RM-3).

(d) Establish parameters for IT staff participation in procurement activities.

(e) Identify the IT issues IT staff must address during procurement activities (e.g., system hardening, logging, performance, service availability, incident notification, and recovery expectations).

(f) Implement appropriate security controls for software applications obtained, purchased, leased, or developed to minimize risks to the confidentiality, integrity, and availability of the application, its data, and other IT Resources.

(g) Prior to introducing new IT Resources or modifying current IT Resources, perform an impact analysis. The purpose of this analysis is to assess the effects of the technology or modifications on the existing environment. Validate that IT Resources conform to Agency standard configurations prior to implementation into the production environment.

(6) Supply Chain Risk Management. Each Agency shall establish priorities, constraints, risk tolerances, and assumptions to support risk decisions associated with managing supply chain risk. Each Agency shall:

(a) Establish management processes to identify, establish, assess, and manage cyber supply chain risks which are agreed to by organizational Stakeholders (ID.SC-1).

(b) Identify, prioritize, and assess Suppliers and third-party providers of information systems, components, and services using a cyber supply chain risk assessment process (ID.SC-2).

(c) Require Suppliers and third-party providers (by contractual agreement when necessary) to implement appropriate measures designed to meet the objectives of the organization’s information security program or cyber supply chain risk management plan (ID.SC-3).

(d) Routinely assess Suppliers and third-party providers to confirm that they are meeting their contractual obligations by conducting reviews of audits, summaries of test results, or other equivalent evaluations of Suppliers/providers (ID.SC-4).

(e) Conduct response and recovery planning and testing with suppliers and third-party providers (ID.SC-5).

History

Rulemaking Authority 282.318(11) FS. Law Implemented 282.318(3) FS. History‒New 3-16-16, Amended 2-5-19, Formerly 74-2.002, Amended 9-18-22.

Fla. Admin. Code R. 60GG-2.003 Protect

The protect function of the SFCS is visually represented as such:

Function

Category

Subcategory

Protect (PR)

Identity Management, Authentication, and Access Control (AC)

PR.AC-1: Issue, manage, verify, revoke, and audit identities and credentials for authorized devices, processes, and Users

PR.AC-2: Manage and protect physical access to assets

PR.AC-3: Manage Remote Access

PR.AC-4: Manage access permissions and authorizations, incorporate the principles of least privilege and Separation of Duties

PR.AC-5: Protect network integrity, by incorporating network segregation and segmentation where appropriate

PR.AC-6: Proof and bond identities to credentials, asserting in interactions when appropriate (see Token Control definition)

PR.AC-7: Authenticate credentials assigned to Users, devices, and other assets commensurate with the risk of the transaction.

Awareness and Training (AT)

PR.AT-1: Inform and train all Users

PR.AT-2: Ensure that Privileged Users understand roles and responsibilities

PR.AT-3: Ensure that third-party Stakeholders understand roles and responsibilities

PR.AT-4: Ensure that senior executives understand roles and responsibilities

PR.AT-5: Ensure that physical and cybersecurity personnel understand their roles and responsibilities

Data Security

(DS)

PR.DS-1: Protect Data-at-rest

PR.DS-2: Protect data-in-transit

PR.DS-3: Formally manage assets managed throughout removal, transfers, and disposition

PR.DS-4: Ensure that adequate capacity is maintained to support availability needs

PR.DS-5: Implement data leak protection measures

PR.DS-6: Use integrity checking mechanisms to verify software, firmware, and information integrity

PR.DS-7: Logically or physically separate the development and testing environment(s) from the production environment

PR.DS-8: Use integrity checking mechanisms to verify hardware integrity

Information Protection Processes and Procedures

PR.IP-1: Create and maintain a baseline configuration that incorporates all security principles for information technology/industrial control systems

PR.IP-2: Implement a System Development Life Cycle (SDLC) to manage systems

PR.IP-3: Establish configuration change control processes

PR.IP-4: Conduct, maintain, and test backups of information

PR.IP-5: Meet policy and regulatory requirements that are relevant to the physical operating environment for organizational assets

PR.IP-6: Destroy data according to policy

PR.IP-7: Continuously improve protection processes

PR.IP-8: Share effectiveness of protection technologies with Stakeholders that should or must receive this information

PR.IP-9: Establish and manage response plans (Incident Response and Business Continuity) and recovery plans (Incident Recovery and Disaster Recovery)

PR.IP-10: Test response and recovery plans

PR.IP-11: Include cybersecurity in human resources practices (e.g., deprovisioning, personnel screening)

PR.IP-12: Develop and implement a vulnerability management plan

Maintenance (MA)

PR.MA-1: Perform and log maintenance and repair of organizational assets, with approved and controlled tools

PR.MA-2: Approve, log, and perform remote maintenance of Agency assets in a manner that prevents unauthorized access

Protective Technology (PT)

PR.PT-1: Determine, document, implement, and review audit/log records in accordance with policy

PR.PT-2: Protect and restrict Removable Media usage according to policy

PR.PT-3: Incorporate the principle of least functionality by configuring systems to provide only essential capabilities

PR.PT-4: Protect communications and control networks

PR.PT-5: Implement mechanisms (e.g., failsafe, load balancing, hot swap) to achieve resilience requirements in normal and adverse situations

(1) Access Control. Each Agency shall ensure that access to IT Resources is limited to authorized Users, processes, or devices, and to authorized activities and transactions. Specifically:

(a) Each Agency shall manage identities and credentials for authorized devices and Users (PR.AC-1). Control measures shall, at a minimum include authentication token(s) unique to the individual.

Agencies shall:

Require that all Agency-owned or approved computing devices, including Mobile Devices, use unique User Authentication.
Require Users to log off or lock their workstations prior to leaving the work area.
Require inactivity timeouts that log-off or lock workstations or sessions.
Locked workstations or sessions must be locked in a way that requires User Authentication with an authentication token(s) unique to the individual User to disengage.
When passwords are used as the sole authentication token, require Users to use Complex Passwords.
Address responsibilities of information stewards that include administering access to systems and data based on the documented authorizations and facilitate periodic review of access rights with information owners. Frequency of reviews shall be based on system categorization or assessed risk.
Establish access disablement and notification timeframes for Worker separations. The Agency will identify the appropriate person in the IT unit to receive notification. Notification timeframes shall consider risks associated with system access post-separation.
Ensure IT access is removed when the IT Resource is no longer required.
Require multi-factor authentication (MFA) for access to networks or applications that have a categorization of moderate, high, or contain exempt, or confidential and exempt, information. This excludes externally hosted systems designed to deliver services to Agency Customers where the Agency documents the analysis and the risk steering workgroup accepts the associated risk.
Require MFA for access to Privileged Accounts.

(b) Each Agency shall manage and protect physical access to assets (PR.AC-2). In doing so, Agency security procedures or controls shall:

Address protection of IT Resources from environmental hazards (e.g., temperature, humidity, air movement, dust, and faulty power) in accordance with manufacturer specifications.
Implement procedures to manage physical access to IT facilities and/or equipment.
Identify physical controls that are appropriate for the size and criticality of the IT Resources.
Specify physical access to information resource facilities and/or equipment that is restricted to authorized personnel.
Detail visitor access protocols, including recordation procedures, and in locations housing systems categorized as moderate-impact or high-impact, require that visitors be supervised by authorized personnel.
Address how the Agency will protect network integrity by incorporating network segregation.

Address how the Agency will securely manage and document remote Access.
Specify that only secure, Agency-managed, Remote Access methods may be used to remotely connect computing devices to the Agency internal network.
For systems containing exempt, or confidential and exempt data, ensure written agreements and procedures are in place to ensure security for sharing, handling or storing confidential data with entities outside the Agency.

(d) Each Agency shall ensure that access permissions and authorizations, are managed, incorporating the principles of least privilege and Separation of Duties (PR.AC-4). In doing so, Agencies shall:

Execute interconnection security agreements to authorize, document, and support continual management of inter-agency connected systems.
Manage access permissions by incorporating the principles of “least privilege” and “Separation of Duties.”
Specify that all Workers be granted access to Agency IT Resources based on the principles of “least privilege” and “need to know determination.”
Specify that system administrators restrict and tightly control the use of system development utility programs that may be capable of overriding system and application controls.

(e) Each Agency shall ensure that network integrity is protected, incorporating network segregation and segmentation where appropriate (PR.AC-5).

(f) Proof and bond identities to credentials and assert in interactions when appropriate (PR.AC-6).

(g) Authenticate Users, devices, and other assets commensurate with the risk of the transaction (PR.AC-7).

(2) Awareness and Training. Agencies shall provide all their Workers cybersecurity awareness education and training so as to ensure they perform their cybersecurity related duties and responsibilities consistent with Agency policies and procedures. In doing so, each Agency shall:

(a) Inform and train all Workers (PR.AT-1).

(b) Ensure that Privileged Users understand their roles and responsibilities (PR.AT-2).

(d) Ensure that senior executives understand their roles and responsibilities (PR.AT-4).

(e) Ensure that physical and cybersecurity personnel understand their roles and responsibilities (PR.AT-5).

(3) For each of the above subsections the following shall also be addressed:

(a) Appoint a Worker to coordinate the Agency information security awareness program. If an IT security Worker does not coordinate the security awareness program, they shall be consulted for content development purposes. Agencies will ensure that all Workers (including volunteer workers) are clearly notified of applicable obligations, established via Agency policies, to maintain compliance with such controls.

(b) Establish a program that includes, at a minimum, annual security awareness training and on-going education and reinforcement of security practices.

(d) Include security policy adherence expectations for the following, at a minimum: disciplinary procedures and implications, acceptable use restrictions, data handling (procedures for handling exempt and confidential and exempt information), telework and Cybersecurity Incident reporting procedures. Incident reporting procedures shall:

Establish requirements for Workers to immediately report loss of Mobile Devices, security tokens, smart cards, identification badges, or other devices used for identification and Authentication purposes according to Agency reporting procedures.

(e) Where technology permits, provide training prior to system access. For specialized Agency Workers (e.g., law enforcement officers) who are required to receive extended off-site training prior to reporting to their permanent duty stations, initial security awareness training shall be provided within 30 days of the date they report to their permanent duty station.

(f) Require, prior to access, Workers verify in writing that they will comply with Agency IT security policies and procedures.

(g) Document parameters that govern personal use of Agency IT Resources and define what constitutes personal use. Personal use, if allowed by the Agency, shall not interfere with the normal performance of any Worker’s duties, or consume significant or unreasonable amounts of state IT Resources (e.g., bandwidth, storage).

(h) Inform Workers of what constitutes inappropriate use of IT Resources. Inappropriate use shall include, but may not be limited to, the following:

Distribution of Malware.
Disablement or circumvention of security controls.
Forging headers.
Political campaigning or unauthorized fundraising.
Use for personal profit, benefit or gain.
Offensive, indecent, or obscene access or activities, unless required by job duties.
Harassing, threatening, or abusive activity.
Any activity that leads to performance degradation.
Auto-forwarding to external email addresses.
Unauthorized, non-work-related access to: chat rooms, political groups, singles clubs or dating services; peer-to-peer file sharing; material relating to gambling, weapons, illegal drugs, illegal drug paraphernalia, hate-speech, or violence; hacker web-site/software; and pornography and sites containing obscene materials.

(4) Data Security. Each Agency shall manage and protect records and data, including Data-at-rest, consistent with the organization’s risk strategy to protect the confidentiality, integrity, and availability of information. Agencies shall establish procedures, and develop and maintain Agency cryptographic implementations. Key management processes and procedures for cryptographic keys used for encryption of data will be fully documented and will cover key generation, distribution, storage, periodic changes, compromised key processes, and prevention of unauthorized substitution. Also, key management processes must be in place and verified prior to encrypting data at rest, to prevent data loss and support availability. In protecting data security, Agencies shall:

(a) Protect Data-at-rest by establishing (PR.DS-1):

Procedures that ensure only Agency-owned or approved IT resources are used to store confidential or exempt information.
Procedures that ensure Agency-owned or approved portable IT Resources containing confidential or mission critical data are encrypted.
Procedures that ensure Agency-owned or approved portable IT Resources that connect to the Agency internal network use Agency-managed security software.
Inform Users not to store unique copies of Agency data on workstations or Mobile Devices.

(b) Protect data-in-transit (PR.DS-2). Each Agency shall:

Encrypt confidential and exempt information during transmission, except when the transport medium is owned or managed by the Agency and controls are in place to protect the data during transit.
Ensure that wireless transmissions of Agency data employ cryptography for Authentication and transmission.
Make passwords unreadable during transmission and storage.
Encrypt mobile IT Resources that store, process, or transmit exempt, or confidential and exempt Agency data.

Ensure any records stored on storage media to be disposed of or released for reuse, are sanitized or destroyed in accordance with organization-developed procedures and the State of Florida General Records Schedule GS1-SL for State and Local Government Agencies.
Destruction of confidential or exempt information shall be conducted such that the information is rendered unusable, unreadable, and indecipherable and not subject to retrieval or reconstruction.
Document procedures for sanitization of Agency-owned IT Resources prior to reassignment or disposal.
Equipment sanitization shall be performed such that confidential or exempt information is rendered unusable, unreadable, and indecipherable and not subject to retrieval or reconstruction. File deletion and media formatting are not acceptable methods of sanitization. Acceptable methods of sanitization include using software to overwrite data on computer media, degaussing, or physically destroying media.

(d) Maintain adequate capacity to ensure system availability and data integrity (PR.DS-4).

Ensure adequate audit/log capacity.
Protect against or limit the effects of denial of service attacks.

(e) Implement protections against data leaks or unauthorized data disclosures by establishing policies and procedures that address (PR.DS-5):

Appropriate handling and protection of exempt, and confidential and exempt, information. Policies shall be reviewed and acknowledged by all Workers.
Retention and destruction of confidential and exempt information in accordance with the records retention requirements as provided in the State of Florida General Records Schedule GS1-SL for State and Local Government Agencies.
Access agreements for Agency information systems.
Boundary protection.
Transmission confidentiality and integrity.

(f) Employ integrity checking mechanisms to verify software, firmware, and information integrity (PR.DS-6).

Application controls shall be established to ensure the accuracy and completeness of data, including validation and integrity checks, to detect data corruption that may occur through processing errors or deliberate actions.

(g) Physically or logically separate development and testing environment(s) from the production environment and ensure that production exempt, or confidential and exempt data is not used for development where technology permits. Production exempt, or confidential and exempt data may be used for testing if the data owner authorizes the use and regulatory prohibitions do not exist; the test environment limits access and access is audited; and production exempt, and confidential and exempt data is removed from the system when testing is completed. Data owner authorization shall be managed via technical means, to the extent practical (PR.DS-7).

(h) Use integrity checking mechanisms to verify hardware integrity (PR.DS-8). In doing so, Agencies shall establish processes to protect against and/or detect unauthorized changes to hardware used to support systems with a categorization of high-impact.

(5) Information Protection Processes and Procedures. Each Agency shall ensure that security policies, processes and procedures are maintained and used to manage protection of information systems and assets. Such policies, processes and procedures shall:

(a) Include a current baseline configuration of information systems which incorporate security principles (PR.IP-1). Baselines shall:

Specify standard hardware and secure standard configurations.
Include documented firewall and router configuration standards, and include a current network diagram.
Require that vendor default settings, posing security risks, are changed or disabled for Agency-owned or managed IT Resources, including encryption keys, accounts, passwords, and SNMP (Simple Network Management Protocol) community strings, and ensure device security settings are enabled where appropriate.
Allow only Agency-approved software to be installed on Agency-owned IT Resources.

(b) Establish a System Development Life Cycle (SDLC) to manage system implementation and maintenance (PR.IP-2). In doing so, Agencies shall:

Develop and implement processes that include reviews of security requirements and controls to ascertain effectiveness and appropriateness relative to new technologies and applicable state and federal regulations.
Ensure security reviews are approved by the ISM and Chief Information Officer (or designee) before new or modified applications or technologies are moved into production. For IT Resources housed in a state data center, the security review shall also be approved by the data center before the new or modified applications or technologies are moved into production.
The application development team at each Agency shall implement appropriate security controls to minimize risks to Agency IT Resources and meet the security requirements of the application owner. Agencies will identify in their policies, processes and procedures the security coding guidelines the Agency will follow when obtaining, purchasing, leasing or developing software.
Where technology permits, the Agency shall ensure anti-Malware software is maintained on Agency IT Resources.

(c) Establish a configuration change control process to manage upgrades and modifications to existing IT Resources (PR.IP-3). In doing so, Agencies shall:

Determine types of changes that are configuration-controlled (e.g. emergency patches, releases, and other out-of-band security packages).
Develop a process to review and approve or disapprove proposed changes based on a security impact analysis (e.g., implementation is commensurate with the risk associated with the weakness or vulnerability).
Develop a process to document change decisions.
Develop a process to implement approved changes and review implemented changes.
Develop an oversight capability for change control activities.
Develop procedures to ensure security requirements are incorporated into the change control process.

(d) Ensure backups of information are conducted, maintained, and tested (PR.IP-4).

(e) Establish policy and regulatory expectations for protection of the physical operating environment for Agency-owned or managed IT Resources (PR.IP-5).

(f) Manage and dispose of records/data in accordance with the records retention requirements as provided in the State of Florida General Records Schedule GS1-SL for State and Local Government Agencies (PR.IP-6).

(g) Establish a policy and procedure review process that facilitates continuous improvement to protection processes (PR.IP-7). Each Agency shall:

Ensure system security control selection occurs during the beginning of the SDLC and is documented in final design documentation.
Ensure system security plans shall document controls necessary to protect production data in the production environment and copies of production data used in non-production environments.
Ensure system security plans are confidential per Section 282.318, F.S., and shall be available to the Agency ISM.
Require that each Agency application or system with a categorization of moderate-impact or higher have a documented system security plan (SSP). For existing production systems that lack a SSP, a Risk Assessment shall be performed to determine prioritization of subsequent documentation efforts. The SSP shall include provisions that:

(I) Align the system with the Agency’s enterprise architecture.

(II) Define the authorization boundary for the system.

(III) Describe the mission-related business purpose.

(IV) Provide the security categorization, including security requirements and rationale (compliance, availability, etc.).

(V) Describe the operational environment, including relationships, interfaces, or dependencies on external services.

(VI) Provide an overview of system security requirements.

(VII) Identify authorizing official or designee, who reviews and approves prior to implementation.

Require Information System Owners (ISOs) to define application security-related business requirements using role-based access controls and rule-based security policies where technology permits.
Require ISOs to establish and authorize the types of privileges and access rights appropriate to system Users, both internal and external.
Create procedures to address inspection of content stored, processed or transmitted on Agency-owned or managed IT Resources, including attached removable Media. Inspection shall be performed where authorization has been provided by Stakeholders that should or must receive this information.
Establish parameters for Agency-managed devices that prohibit installation (without Worker consent) of clients that allow the Agency to inspect private partitions or personal data.
Require ISOs ensure segregation of duties when establishing system authorizations.
Establish controls that prohibit a single individual from having the ability to complete all steps in a transaction or control all stages of a Critical Process.
Require Agency information owners to identify exempt, and confidential and exempt information in their systems.

(h) Ensure that effectiveness of protection technologies is shared with Stakeholders that should or must receive this information (PR.IP-8).

(i) Develop, implement and manage response plans (e.g., Incident Response and Business Continuity) and recovery plans (e.g., Incident Recovery and Disaster Recovery) (PR.IP-9).

(j) Establish a procedure that ensures that Agency response and recovery plans are regularly tested (PR.IP-10).

(k) Include cybersecurity in human resources practices (e.g., deprovisioning, personnel screening) (PR.IP-11).

(l) Each Agency shall develop and implement a vulnerability management plan (PR.IP-12).

(6) Maintenance. Each Agency shall perform maintenance and repairs of information systems and components consistent with Agency-developed policies and procedures. Each Agency shall:

(a) Perform and log maintenance and repair of IT Resources, with tools that have been approved and are administered by the Agency to be used for such activities (PR.MA-1).

(b) Approve, encrypt, log and perform remote maintenance of IT Resources in a manner that prevents unauthorized access (PR.MA-2).

(c) Not engage in new development of custom authenticators. Agencies assess the feasibility of replacing Agency-developed authenticators in Legacy Applications.

(7) Protective Technology. Each Agency shall ensure that technical security solutions are managed to ensure the security and resilience of systems and assets, consistent with related policies, procedures, and agreements. Specifically, each Agency shall:

(a) Determine and document required audit/log records, implement logging of audit records, and protect and review logs in accordance with Agency-developed policy. Agency-developed policy shall be based on resource criticality. Where possible, ensure that electronic audit records allow actions of Users to be uniquely traced to those Users so they can be held accountable for their actions. Maintain logs identifying where access to exempt, or confidential and exempt data was permitted. The logs shall support unique identification of individuals and permit an audit of the logs to trace activities through the system, including the capability to determine the exact confidential or exempt data accessed, acquired, viewed or transmitted by the individual (PR.PT-1).

(b) Protect and restrict Removable Media in accordance with Agency-developed information security policy (PR.PT-2).

(c) Incorporate the principle of least functionality by configuring systems to only provide essential capabilities (PR.PT-3).

(d) Protect communications and control networks by establishing perimeter security measures to prevent unauthorized connections to Agency IT Resources (PR.PT-4). Agencies shall:

Place databases containing mission critical, exempt, or confidential and exempt data in an internal network zone, segregated from the demilitarized zone (DMZ).
Agencies shall require host-based (e.g., a system controlled by a central or main computer) boundary protection on mobile computing devices where technology permits (i.e., detection agent).

(e) Implement mechanisms (e.g., failsafe, load balancing across duplicated systems, hot swap) to achieve resilience requirements in normal and adverse situations (PR.PT-5).

History

Rulemaking Authority 282.318(11) FS. Law Implemented 282.318(3) FS. History-New 3-10-16, Amended 1-2-19, Formerly 74-2.003, Amended 9-18-22.

Fla. Admin. Code R. 60GG-2.004 Detect

The detect function of the SFCS is visually represented as such:

Function

Category

Subcategory

Detect (DE)

Anomalies and Events (AE)

DE.AE-1: Establish and manage a baseline of network operations and expected data flows for Users and systems

DE.AE-2: Analyze detected Cybersecurity Events to understand attack targets and methods

DE.AE-3: Collect and correlate Cybersecurity Event data from multiple sources and sensors

DE.AE-4: Determine the impact of Cybersecurity Events

DE.AE-5: Establish Incident alert thresholds

Security Continuous Monitoring (CM)

DE.CM-1: Monitor the network to detect potential Cybersecurity Events

DE.CM-2: Monitor the physical environment to detect potential Cybersecurity Events

DE.CM-3: Monitor personnel activity to detect potential Cybersecurity Events

DE.CM-4: Detect malicious code

DE.CM-5: Detect unauthorized mobile code

DE.CM-6: Monitor external service provider activity to detect potential Cybersecurity Events

DE.CM-7: Monitor for unauthorized personnel, connections, devices, and software

DE.CM-8: Perform vulnerability scans

Detection Processes (DP)

DE.DP-1: Define roles and responsibilities for detection to ensure accountability

DE.DP-2: Ensure that detection activities comply with all applicable requirements

DE.DP-3: Test detection processes

DE.DP-4: Communicate event detection information to stakeholders that should or must receive this information

DE.DP-5: Continuously improve detection processes

(1) Anomalies and Events. Each Agency shall develop policies and procedures that will facilitate detection of anomalous activity and that allow the Agency to understand the potential impact of events.

Such policies and procedures shall:

(a) Establish and manage a baseline of network operations and expected data flows for Users and systems (DE.AE-1).

(b) Detect and analyze anomalous Cybersecurity Events to determine attack targets and methods (DE.AE-2).

Monitor for unauthorized wireless access points connected to the Agency internal network, and immediately remove them upon detection.
Implement procedures to establish accountability for accessing and modifying exempt, or confidential and exempt, data stores to ensure inappropriate access or modification is detectable.

(d) Determine the impact of Cybersecurity Events (DE.AE-4).

(e) Establish incident alert thresholds (DE.AE-5).

(2) Security Continuous Monitoring. Each Agency shall determine the appropriate level of monitoring that will occur regarding IT Resources necessary to identify Cybersecurity Events and verify the effectiveness of protective measures. Such activities shall include:

(a) Monitoring the network to detect potential Cybersecurity Events (DE.CM-1).

(b) Monitoring for unauthorized IT Resource connections to the internal Agency network.

(d) Monitoring user activity to detect potential Cybersecurity Events (DE.CM-3).

(e) Monitoring for malicious code (DE.CM-4).

(f) Monitoring for unauthorized mobile code (DE.CM-5).

(g) Monitoring external service provider activity to detect potential Cybersecurity Events (DE.CM-6).

(h) Monitoring for unauthorized personnel, connections, devices, and software (DE.CM-7).

(i) Performing vulnerability scans (DE.CM-8). These shall be a part of the System Development Life Cycle (SDLC).

(3) Detection Processes. Each Agency shall maintain and test detection processes and procedures to ensure awareness of anomalous events. These procedures shall be based on assigned risk and include the following:

(a) Defining roles and responsibilities for detection to ensure accountability (DE.DP-1).

(b) Ensuring that detection activities comply with all applicable requirements (DE.DP-2).

(d) Communicating event detection information to Stakeholders that should or must receive this information (DE.DP-4).

(e) Continuously improving detection processes (DE.DP-5).

History

Rulemaking Authority 282.318(11) FS. Law Implemented 282.318(3) FS. History-New 3-10-16, Amended 1-2-19, Formerly 74-2.004, Amended 9-18-22.

Fla. Admin. Code R. 60GG-2.005 Respond

The respond function of the SFCS is visually represented as such:

Function

Category

Subcategory

Respond (RS)

Response Planning (RP)

RS.RP-1: Execute response plan during or after an Incident

Communications (CO)

RS.CO-1: Ensure that personnel know their roles and order of operations when a response is needed

RS.CO-2: Report Incidents consistent with established criteria

RS.CO-3: Share information consistent with response plans

RS.CO-4: Coordinate with Stakeholders consistent with response plans

RS.CO-5: Engage in voluntary information sharing with external Stakeholders to achieve broader cybersecurity situational awareness

Analysis (AN)

RS.AN-1: Investigate notifications from detection systems

RS.AN-2: Understand the impact of Incidents

RS.AN-3: Perform forensic analysis

RS.AN-4: Categorize Incidents consistent with response plans

RS.AN-5: Establish processes to receive, analyze, and respond to vulnerabilities disclosed to the Agency from internal and external sources

Mitigation (MI)

RS.MI-1: Contain Incidents

RS.MI-2: Mitigate Incidents

RS.MI-3: Mitigate newly identified vulnerabilities or document accepted risks

Improvements (IM)

RS.IM-1: Incorporate lessons learned in response plans

RS.IM-2: Periodically update response strategies

(1) Response Planning. Each Agency shall establish and maintain response processes and procedures and validate execution capability to ensure Agency response for detected Cybersecurity Incidents. Each Agency shall execute a response plan during or after an Incident (RS.RP-1).

(a) Agencies shall establish a cybersecurity Incident Response Team (CSIRT) to respond to Cybersecurity Incidents. CSIRT members shall convene immediately, upon notice of Cybersecurity Incidents. Responsibilities of CSIRT members include:

Convening a simple majority of CSIRT members at least quarterly to review, at a minimum, established processes and escalation protocols.
Receiving incident response training annually. Training shall be coordinated as a part of the information security program.
CSIRT membership shall include, at a minimum, a member from the cybersecurity team, the CIO (or designee), and a member from the Inspector General’s Office who shall act in an advisory capacity. The CSIRT team shall report findings to Agency management.
The CSIRT shall determine the appropriate response required for each Cybersecurity Incident.
The Agency Cybersecurity Incident reporting process must include notification procedures, established pursuant to section 501.171, F.S., Section 282.318, F.S., and as specified in executed agreements with external parties. For reporting Incidents to FL[DS] and the Cybercrime Office (as established within the Florida Department of Law Enforcement and in accordance with Section 943.0415, F.S.), Agencies shall report observed Incident indicators to FL[DS]. Such indicators may include any known attacker IP addresses, malicious uniform resource locator (URL) addresses, malicious code file names and/or associated file hash values.

(2) Communications. Each Agency shall coordinate response activities with internal and external Stakeholders, as appropriate, to include external support from law enforcement Agencies. Each Agency shall:

(a) Inform Workers of their roles and order of operations when a response is needed (RS.CO-1).

(b) Require that Incidents be reported consistent with established criteria and in accordance with Agency Incident reporting procedures. Criteria shall require immediate reporting, including instances of lost identification and Authentication resources (RS.CO-2).

(d) Coordinate with Stakeholders, consistent with response plans (RS.CO-4).

(e) Establish communications with external Stakeholders to share and receive information to achieve broader cybersecurity situational awareness (RS.CO-5). Where technology permits, enable automated security alerts. Establish processes to receive, assess, and act upon security advisories.

(3) Analysis. Each Agency shall conduct analysis to adequately respond and support recovery activities. Related activities include:

(a) Each Agency shall establish notification thresholds and investigate notifications from detection systems (RS.AN-1).

(b) Each Agency shall assess and identify the impact of Incidents (RS.AN-2).

(d) Each Agency shall categorize incidents, consistent with response plans (RS.AN-4). Each Incident report and analysis, including findings and corrective actions, shall be documented.

(e) Establish processes to receive, analyze and respond to vulnerabilities disclosed to the organization from internal and external sources (RS.AN-5).

(4) Mitigation. Each Agency shall perform Incident mitigation activities. The objective of Incident mitigation activities shall be to attempt to contain and prevent recurrence of Incidents (RS.MI-1); mitigate Incident effects and resolve the Incident (RS.MI-2); and address vulnerabilities or document as accepted risks.

(5) Improvements. Each Agency shall improve organizational response activities by incorporating lessons learned from current and previous detection/response activities into response plans (RS.IM-1). Agencies shall update response strategies in accordance with Agency-established policy (RS.IM-2).

History

Rulemaking Authority 282.318(11) FS. Law Implemented 282.318(3) FS. History-New 3-10-16, Amended 1-2-19, Formerly 74-2.005, Amended 9-18-22.

Fla. Admin. Code R. 60GG-2.006 Recover

The recover function of the SFCS is visually represented as such:

Function

Category

Subcategory

Recover (RC)

Recovery Planning (RP)

RC.RP-1: Execute recovery plan during or after a Cybersecurity Incident

Improvements (IM)

RC.IM-1: Incorporate lessons learned in recovery plans

RC.IM-2: Periodically update recovery strategies

Communications (CO)

RC.CO-1: Manage public relations

RC.CO-2: Repair reputation after an event

RC.CO-3: Communicate recovery activities to internal Stakeholders and executive and management teams

(1) Recovery Planning. Each Agency shall execute and maintain recovery processes and procedures to ensure restoration of systems or assets affected by Cybersecurity Incidents. Each Agency shall:

(a) Execute a recovery plan during or after an Incident (RC.RP-1).

(b) Mirror data and software, essential to the continued operation of critical Agency functions, to an off-site location or regularly back up a current copy and store at an off-site location.

(d) Document disaster recovery plans that address protection of critical IT Resources and provide for the continuation of critical Agency functions in the event of a disaster. Plans shall address shared resource systems, which require special consideration, when interdependencies may affect continuity of critical Agency functions.

(e) IT disaster recovery plans shall be tested at least annually; results of the annual exercise shall document plan procedures that were successful and specify any modifications required to improve the plan.

(2) Improvements. Each Agency shall improve recovery planning and processes by incorporating lessons learned into future activities. Such activities shall include:

(a) Incorporating lessons learned in recovery plans (RC.IM-1).

(b) Updating recovery strategies (RC.IM-2).

(3) Communications. Each agency shall coordinate restoration activities with internal and external parties, such as coordinating centers, Internet Service Providers, owners of attacking systems, victims, other CSIRTs, and vendors. Such activities shall include:

(a) Managing public relations (RC.CO-1).

(b) Attempts to repair reputation after an event, if applicable (RC.CO-2).

History

Rulemaking Authority 282.318(11) FS. Law Implemented 282.318(3) FS. History-New 3-10-16, Amended 1-2-19, Formerly 74-2.006, Amended 9-18-22.

Fla. Admin. Code R. 60GG-2.0075 Unmanned Aerial Systems (UAS) Minimum Security Requirements

(1) Definitions.

(a) “Critical Component” means a Drone component related to: flight controllers, radio, data transmission devices, cameras, gimbals, ground control systems, operating software (including cell phone or tablet applications, but not cell phone or tablet operating systems), network connectivity, or data storage. Critical Components do not include, for example, passive electronics such as resistors, and non-data transmitting motors, batteries, and wiring.

(b) “Data” means any electronic information of a Governmental Agency that is a public record, as defined in Section 119.011(12), F.S.

(d) “Florida College System Institution” has the same meaning as provided in Section 1000.21(3), F.S.

(e) “Foreign Country of Concern” has the same meaning as provided in Section 286.101(1)(b), F.S.

(f) “Governmental Agency” has the same meaning as provided in Section 934.50(7)(a)2., F.S.

(g) “Instructional Technology” means an interactive device used by a School that assists in instructing a class or a group of students and includes the necessary hardware and software to operate the interactive device. The term also includes support systems in which an interactive device may mount and is not required to be affixed to the facilities.

(h) “Open Data” means Data that is structured in a way that enables the Data to be fully discoverable and usable by the public. The term does not include Data that are restricted from public disclosure based on federal or state laws and regulations, including, but not limited to, those related to privacy, confidentiality, security, personal health, business or trade secret information, and exemptions from state public records laws; or Data for which a Governmental Agency is statutorily authorized to assess a fee for its distribution.

(i) “Research and Accountability Purposes” means Drone use by a Florida College System Institution or a State University in direct support of research on Drone hardware, operating systems, software, communications systems and protocols, components, and data practices for the purpose of understanding the existence and extent of potential threats and vulnerabilities, and mitigations thereto. This research must be conducted at the direction of a state of Florida agency or a federal agency, or a party contracted by a state of Florida agency or a federal agency to conduct the research.

(j) “School” has the same meaning as provided in Section 1003.01(2), F.S.

(k) “State University” has the same meaning as provided in Section 1000.21(6), F.S.

(2) Approved Manufacturers. A Governmental Agency may only use a Drone from a manufacturer that meets the minimum security requirements specified in this rule. A manufacturer that meets such requirements is deemed an approved manufacturer for the given tier as specified in subsection (3). Notwithstanding a manufacturer’s designation as an approved manufacturer, the Governmental Agency is still required to ensure that the Drone it intends to use complies with all applicable provisions of this rule.

(3) Tiers.

Tiers and Exceptions

Description

Applicable Minimum Security Requirements

Tier One

A Drone that does not collect, transmit, or receive Data during flight. Examples of such Drones include Drones that navigate along pre-programmed waypoints and tethered Drones. A Drone used by a School exclusively as Instructional Technology shall be classified as Tier One Drone use.

Subsection (4), Foreign Countries of Concern; subsection (5), Standard Precautions.

Tier Two

A Drone that may collect, transmit, or receive only flight control Data, excluding visual and auditory Data.

Subsection (4), Foreign Countries of Concern; subsection (5), Standard Precautions; subsection (6), Tier Two.

Tier Three

A Drone that may collect, transmit, or receive any Data, including visual and auditory Data.

Subsection (4), Foreign Countries of Concern; subsection (5), Standard Precautions; subsection (6), Tier Two; subsection (7), Tier Three.

Research and Accountability Purposes Exception

Drones used for Research and Accountability Purposes are exempt from the requirements in subsection (4), (6), and (7). If using otherwise prohibited Drones for Research and Accountability Purposes, the Governmental Agency should weigh the goals of the research against the risk to networks and Data.

A Governmental Agency using otherwise prohibited Drones under this exception must provide written notice to the Department of such use via email to drones@dms.fl.gov no later than 30 days prior to utilizing the exception. Such notice must state the intended purpose, participants, and ultimate beneficiaries of the research.

To the extent allowable by law and existing agreement between the parties to the research, the State University or Florida College System Institution conducting research under this exception must, upon request of the Department, provide access to the research findings.

Subsection (5), Standard Precautions.

(4) Foreign Countries of Concern. A Governmental Agency may not purchase, acquire, or otherwise use a Drone or any related services or equipment produced by a manufacturer domiciled in, or produced by a manufacturer the Governmental Agency reasonably believes to be owned or controlled (in whole or in part) by, a Foreign Country of Concern.

(5) Standard Precautions. A Drone or its software in use by a Governmental Agency:

(a) Shall only connect to the internet for purposes of command and control, coordination, or other communication to ground control stations or systems related to the mission of the Drone. If connecting to the internet under this paragraph, a Governmental Agency shall:

Require the command and control, coordination, or other ground control stations or systems to be secured and monitored; or
Require the command and control, coordination, or other ground control stations or systems to be isolated from networks where the Data of a Governmental Agency is held (e.g., air-gapping).

(b) Shall only connect to a computer or the network of a Governmental Agency if:

A Drone or its software is isolated in a way that prevents access to the internet and any network where the Data of a Governmental Agency is held;
A Drone or its software uses removable memory to connect to a computer or network that is isolated in a way that prevents access to any network where the Data of a Governmental Agency is held; and
Any transfer of Data between an isolated network described in subparagraphs 1. and 2. and a network where the Data of a Governmental Agency is held requires:

a. an initial scan using antivirus or anti-malware software for malicious code on the computer that connected directly or indirectly to the Drone;

b. the use of antivirus and anti-malware software during Data transfer; and

c. a scan of the destination of the transferred Data using antivirus or anti-malware software for malicious code.

(c) Shall not connect with a telephone, tablet, or other mobile device issued by a Governmental Agency or that connects to a Governmental Agency network. Governmental Agency devices that are solely used for the command and control, coordination, or other communication to ground control stations or systems related to the mission of the of Drones that do not connect to the Governmental Agency’s network may be used.

(d) Shall be used in compliance with all other applicable Data standards as required by law and the Governmental Agency’s own policy and procedure.

(6) Tier Two. A Drone or any related services or equipment used in accordance with Tier Two must, in addition to the requirements in subsections (4) and (5), meet the following minimum security requirements:

(a) Regardless of whether the Governmental Agency is an “agency” as defined in Rule 60GG-2.001, F.A.C., the Governmental Agency must comply with the portions of Rules 60GG-2.002, 60GG-2.003, and 60GG-2.004, F.A.C., that would by their nature be applicable to Drone use, its software, or any related services or interacting with any Data originating from the Drone or its use.

(b) All communication to and from a Drone shall utilize a Federal Information Process Standard (FIPS) 140-2 compliant encryption algorithm.

(c) Critical Components may not be produced by a manufacturer domiciled in, or produced by a manufacturer the Governmental Agency reasonably believes to be owned, controlled by, or otherwise connected to, a Foreign Country of Concern.

(7) Tier Three. A Drone or any related services or equipment used in accordance with Tier Three must, in addition to the requirements in subsections (4), (5), and (6), meet the following minimum security requirements:

(a) Data storage must be restricted to the geographic location of the continental United States. Remote access to Data storage, other than Open Data, from outside the continental United States, is prohibited unless approved in writing by the Governmental Agency head or designee.

History

Rulemaking Authority 934.50 FS. Law Implemented 934.50 FS. History-New 4-5-23.

Fla. Admin. Code R. 60GG-2.008 Prohibited Applications

(1) Definitions. Capitalized terms used herein will have the meanings ascribed in section 112.22, F.S. “Form” will mean the Form FL[DS]-02, Prohibited Application Waiver Request Form, eff. 12/23, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16158, which is hereby incorporated by reference herein.

(2) Prohibited Applications List. Pursuant to section 112.22, F.S., the Department is required to compile and maintain a list of Prohibited Applications, publish the list on its website, and update the list quarterly. In order to provide notice of the initial list and any list updates to Public Employers, the Department will publish a notice in the “Miscellaneous” section of the Florida Administrative Register that specifies the link at which the initial and updated list can be found on the Department’s website. Pursuant to section 112.22, F.S., unless a waiver is granted or the exception in section 112.22(2)(b)1., F.S., is met, a Public Employer is required to remove, delete, or uninstall any Prohibited Applications from Government-Issued Devices within fifteen (15) calendar days of issuance or updates to the published list.

(3) Waiver Process.

(a) Submission of Waiver Request. A Public Employer that desires a waiver to permit downloading or accessing a Prohibited Application on a Government-Issued Device must submit the waiver request to the Department on the Form. If the Public Employer requires a decision on the waiver within fifteen (15) calendar days of issuance or updates to the published list, then the Public Employer shall submit the Form to the Department no later than five (5) calendar days following publication of the notice in the Florida Administrative Register.

(b) Waiver Determination.

Forms Submitted within 5 Calendar Days. If the Department receives the Form from the Public Employer within five (5) calendar days of publication of the notice in the Florida Administrative Register, then the Department will provide notice to the Public Employer of its decision to either grant or deny the waiver request by e-mail to the e-mail address provided on the Form within ten (10) calendar days of receipt of the waiver request. The Department may contact the Public Employer Employee listed on the Form to request any clarification on the information submitted in the Form that is necessary for the Department to make its determination. The Public Employer must provide such clarification within one (1) business day, which is deemed to be Monday through Friday, inclusive, excluding state holidays observed in accordance with section 110.117, F.S. Failure to provide such requested clarification may result in denial of the waiver request.
Forms submitted at Other Times. If the Department receives the Form from the Public Employer at any other time, the Department will provide notice to the Public Employer of its decision to either grant or deny the waiver request by e-mail to the e-mail address provided on the Form within thirty (30) calendar days of receipt of the waiver request. The Department may contact the Public Employer Employee listed on the Form to request any clarification on the information submitted in the Form that is necessary for the Department to make its determination. The Public Employer must provide such clarification within five (5) business days, which are deemed to be Monday through Friday, inclusive, excluding state holidays observed in accordance with section 110.117, F.S. Failure to provide such requested clarification may result in denial of the waiver request.

Evaluation of the completed Form.
As represented on the Form, the waiver is necessary for:

a. Public safety, law enforcement, or other investigatory purposes, including investigations relating to licensure or disciplinary actions, where the purpose does not meet the exception for law enforcement officers in section 112.22(2)(b)1., F.S.;

b. Research on hardware, operating systems, software, communications systems and protocols, components, and data practices for the purpose of understanding the existence and extent of potential threats, vulnerabilities, and mitigations thereto; or

c. A recognized state interest, including the Public Employer’s performance of its essential functions.

Risk mitigation is appropriate for the Prohibited Application and purpose of the waiver.
The employee submitting the request on behalf of the Public Employer has indicated that he/she has authority to do so.

(d) Waiver Extensions. Pursuant to section 112.22(3)(b)3., F.S., any waivers granted must be limited to a timeframe of no more than 1 year unless the Department approves an extension. Unless a rule waiver is submitted to the Department in accordance with section 120.542, F.S., a Public Employer that desires an extension of a previously approved waiver must submit the extension request to the Department no later than sixty (60) days prior to expiration of the waiver. The Public Employer must submit the request on the Form.

History

Rulemaking Authority 112.22 FS. Law Implemented 112.22 FS. History-New 12-18-23.

Chapter 60GG-3 DATA CENTER OPERATIONS

Fla. Admin. Code R. 60GG-3.001 Definitions

The following terms are defined:

(1) Mechanical Room/High-Power Room – those areas at the State Data Center (“SDC”) dedicated to the mechanical equipment (e.g., switchgear, uninterruptible power supply, batteries, generators, and transformers) that serves this facility.

(2) Raised Floor – the area at the SDC where an elevated floor is constructed above the solid substrate leaving the open space created between the two for cables, wiring, electrical supply, and/or cooling infrastructure.

(3) Vendor(s) – means a person who is under contract to deliver or install equipment at the SDC, or provide contractual services at the SDC.

(4) Visitor(s) – any person(s) who is not employed at the SDC who is requesting or has been approved to enter the SDC facility pursuant to these rules. Examples of Visitors include employees of customer entities, State of Florida employees, and Vendors of customer entities.

History

Rulemaking Authority 282.201(4)(e) FS. Law Implemented 282.201 FS. History–New 6-16-16, Formerly 74-3.001, Amended 6-30-26, Technical Change 7-1-26.

Fla. Admin. Code R. 60GG-3.002 Physical Access and Security

(1) General ‒ In order to gain access to the SDC facility, all Visitors must:

(a) Provide a government issued photo identification to verify their identity. Visitor identification will be verified before SDC access is approved;

(b) Be visiting the SDC on business relating to the official duties or responsibilities of the SDC or a SDC customer entity, or be a State of Florida governmental employee visiting the SDC on official state business; and,

Name;
Job title;
Work or cell telephone number;
Work email address.
Time entering the SDC, and,
Time departing the SDC (provided when leaving the SDC).

(2) Identification Badge ‒ Visitors approved to enter the SDC must wear the SDC-issued identification badge in a visible place on their person at all times while at the SDC.

(3) Access to Raised Floor Area.

(a) Vendor Unescorted Access ‒ Vendors may be allowed in Raised Floor area unescorted only if they satisfy the following requirements:

Within the last five (5) years, they have successfully passed a Criminal Justice Information Services (CJIS) background screening, conducted by the Florida Department of Highway Safety and Motor Vehicles.
Within the last two (2) years, they have successfully completed (i.e., received a score at least a 70% or higher) CJIS Security Training as provided via https://www.cjisonline.com/.

Vendors who have successfully satisfied the requirements of subparagraphs (3)(a)1. and 2., above, will, for purposes of this rule, be considered “CJIS Compliant.”

(b) Vendor Escorted Access ‒ Vendors that are not CJIS Compliant must be escorted by a CJIS Compliant employee of the customer entity, approved by the SDC facilities manager, while in Raised Floor areas.

(c) Non-Vendor Visitor Access – Non-Vendor Visitor access to the Raised Floor area shall always be conducted under escort by an employee of the SDC.

(4) Access to Mechanical Rooms/High-Power Rooms ‒ Facility mechanical and high-power rooms are off limits to all Visitors unless their access is both necessary (e.g., to conduct repairs to equipment located in this area) and approved in writing by either the SDC infrastructure and facilities bureau chief or facilities administrator. Visitors accessing these areas must be accompanied at all times by SDC management employees.

(5) Individuals shall only be admitted to the communications equipment room if escorted by SDC staff.

History

Rulemaking Authority 282.201(4)(e) FS. Law Implemented 282.201 FS. History–New 6-16-16, Formerly 74-3.002, Amended 6-30-26.

Fla. Admin. Code R. 60GG-3.004 Service Requests and Approvals

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0051 FS. History–New 6-16-16, Formerly 74-3.004, Repealed 6-30-26.

Fla. Admin. Code R. 60GG-3.007 Budgeting and Accounting; State Data Center Cost-Recovery Methodology

The Department of Management Services (DMS) is responsible for developing and implementing cost-recovery mechanisms that recover the full direct and indirect cost of services through charges to applicable customer entities. To fulfill this responsibility the DMS will employ the following budget methodology:

(1) Initial annual estimate. Before the start of each fiscal year the DMS will estimate both the total annual anticipated cost to operate the DMS and the projected customer entity utilization of data center services.

(2) Invoicing and payments will be managed as follows:

(a) Customer entities will be invoiced monthly or quarterly for services, based on the projections as provided in subsection (1), or based on actual appropriations as stated in the General Appropriations Act plus carry-forward adjustments. However, the DMS may pre-bill customer entities to ensure the DMS has sufficient revenue to satisfy operating financial obligations it may have with the Department of Financial Services.

(b) The actual cost for services provided to customer entities will be adjusted at the close of each fiscal year to ensure all products and services consumed or used by the customer entity are trued-up based on actual utilization.

(d) Monthly, customer entities will receive an electronic communication from DMS providing them with information to access their service utilization data detail.

(3) Customer entity payments. Payment to the DMS for services provided to customer entities will be due in full upon receipt, but no later than forty (40) days after receipt of an invoice by a customer entity. Payment from state customer entities will be made by way of electronic journal transfer to the DMS. If a customer entity disputes a line item invoice charge and the dispute is found by the DMS to be valid, an appropriate credit will be included on a subsequent customer entity invoice within sixty (60) days of resolution.

History

Rulemaking Authority 282.201(4)(e) FS. Law Implemented 282.201 FS. History–New 6-16-16, Amended 7-13-17, Formerly 74-3.007, Technical Change 7-7-26.

Chapter 60GG-4 CLOUD COMPUTING

Fla. Admin. Code R. 60GG-4.001 Purpose and Applicability; Definitions

(1) These rules apply to state agencies as defined in Section 282.0041, F.S.

(2) These rules are designed to further state agency implementation of the cloud-first policy as provided in Section 282.206, F.S., that requires state agencies to show a preference for cloud computing services that minimize or do not require the purchasing, financing, or leasing of state data center infrastructure when cloud-computing solutions meet the needs of the agency, reduce costs, and meet or exceed the applicable state and federal laws, regulations, and standards for information technology security.

(3) These rules establish the requirements for state agencies to create formal processes to provide a preference for and to properly evaluate cloud computing services during procurement while ensuring that state agencies have adequately addressed and demonstrated protections to ensure that systems provisioned in the cloud are appropriately secure and performant, appropriate to the workload and data hosted, and ultimately ensure the availability, integrity and confidentiality of state data and resources.

(4) Definitions:

(a) Breach ‒ Has the same meaning as provided in Section 501.171, F.S.

(b) Cloud Computing – A service, solution or option as defined in Special Publication 800-145 issued by the National Institute for Standards and Technology (NIST).

(c) Cloud Service Provider – Person, organization, or entity responsible for making a cloud computing service, solution or option available to a consumer.

(d) Data – Has the same meaning as defined in Section 282.0041, Florida Statutes.

(e) Data Classification – The act of categorizing information systems and the information processed, stored, and transmitted by those systems based on the security impact analysis found under the risk assessment process outlined in Rule 60GG-2.002, F.A.C., Information Security Categorization.

(f) Department of Management Services (DMS) – State agency created pursuant to Section 20.22, F.S., which includes the Florida Digital Service (FDS), responsible for operating the state data center and developing statewide information technology policy, among other functions.

(g) Information Technology – Has the same meaning as defined in Section 282.0041, Florida Statutes.

(h) Interoperability ‒ The ability for two disparate information technology systems to exchange data in a coordinated manner and make use of the data exchanged.

(i) Managed Services – The delivery of information technology services, such as network, application, infrastructure and security, via continuous, regular management and support, to include active administration on the customer’s premises, in the service provider’s data center, or in a third-party data center.

(j) Open data – Has the same meaning as defined in Section 282.0041, F.S.

(k) Portability – The ease by which data or an information technology system can be extracted, transformed, and loaded from one computing environment to another.

(l) Service Level Agreement (SLA) – A component of an agreement between a cloud service provider and a customer. The SLA describes the IT service, documents service level requirements, and specifies the responsibilities of the cloud service provider and the customer.

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0051 FS. History‒New 1-9-20.

Fla. Admin. Code R. 60GG-4.002 Cloud Procurement and Contractual Elements

(1) As part of their cloud-first policy, the state agency will develop formal procedures to be used when procuring information technology that establish a preference for cloud computing.

(2) Where products or services are required for cloud migration and integration with products or services hosted at the State Data Center (SDC), the state agency shall consult with the Florida Digital Service (FDS) prior to the procurement of cloud services to ensure compatibility and security. The state agency will document such consultation in writing.

(3) The state agency will maintain and provide to FDS by October 15 of each year a comprehensive, documented record of applications, workload, data, and services procured or placed into a cloud service provider environment. The record will include the business system’s common name, purpose, operating requirements, and estimated annual cost of cloud computing.

(4) The state agency will ensure that security and interoperability with applications that interface outside the cloud service provider’s cloud are well documented and addressed, including data egress charge models.

(5) The state agency will ensure that technical security controls are commensurate with the data’s classification as defined in Rule Chapter 60GG-2, Information Security, F.A.C.

(6) The state agency will ensure that contracts reflect the restriction on the geographic location of data to the continental United States unless approved in writing by the agency head or designee. Remote access to data, other than open data, from outside the continental United States is prohibited unless approved in writing by the agency head or designee.

(7) Prior to execution of the contract and deployment of a cloud computing service, the state agency shall ensure that the cloud service provider delivers audit reports based on the classification of the data, for the agency assessment of the effectiveness and suitability of the cloud service provider. During the contract term, the state agency will ensure that security controls required under subsection (5) above are well documented and addressed.

(8) The state agency will maintain data ownership and will include contractual provisions for portability for risk management purposes.

(9) The state agency will include contract provisions, associated with end of contract or breach of contract, that fully document the exit strategy for cloud computing services or applications, including data acquisition, migration strategy, high-level timeline, and costs.

(10) The state agency will ensure that Service Level Agreement (SLA) requirements for cloud computing availability, performance, and response are included in the contract.

(11) The contract will provide for performance and service level monitoring and reporting from the cloud service provider to the state agency.

(12) The state agency will ensure contractual financial consequences are included in the contract in the event of the cloud service provider’s failure to perform as agreed under the terms of the service level agreement, consistent with applicable law.

(13) The state agency will validate that the cloud service provider’s disaster recovery plan is developed commensurate with data classification and complies with rule Chapter 60GG-2, F.A.C., Information Technology Security. If the disaster recovery plan is modified during the contract term, the cloud service provider will provide the modified plan to the state agency.

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0051 FS. History‒New 1-9-20.

Fla. Admin. Code R. 60GG-4.003 Cloud Financials

(1) The state agency will document the controls and processes that are in place to proactively control cloud spend and maintain acceptable budgeted versus actual variances.

(2) The state agency will establish and document, in advance of contract execution, an acceptable threshold for budgeted variance and mitigation plan based upon risk tolerance.

(3) The state agency will perform a documented review of budgeted versus actual cloud spend on a monthly basis and maintain records for at least 24 months or in compliance with retention schedules, whichever is longer.

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0051 FS. History‒New 1-9-20.

Fla. Admin. Code R. 60GG-4.004 Cloud Security and Risk Mitigation Strategy

(1) The state agency will document a risk mitigation strategy including but not limited to an exit strategy specific to application criticality and business continuity needs.

(2) The state agency will ensure that the documented risk mitigation strategy is supported by the contract with the cloud service provider.

(3) The state agency will identify and document all current security rules (to include Chapter 60GG-2, F.A.C., Information Technology Security) and applicable standards that apply to state agency applications regardless of hosting infrastructure. The state agency will base the data classification on the Federal Information Processing Standards (FIPS) Publication No. 199. (February 2004), which is hereby incorporated into this rule by reference and may be found at: http://flrules.org/Gateway/reference.asp?No=Ref-11363.

(4) The state agency will develop a security plan that documents compliance with applicable data classification requirements.

(5) The state agency will conduct and document a security assessment for the implementation of each cloud service, which will contain data classified as moderate or higher based on the data classification of FIPS Publication No. 199, and consider the potential risk of breach of data deployed in the cloud. This assessment may be performed by a third party (to include a government entity).

(6) To prevent Internet Protocol (IP) routing conflicts, state agencies will consult with the Florida Digital Service (FDS) prior to the use of cloud-based services where DMS allocated IP addresses (including RFC1918 IP addresses) will be assigned to cloud-based resources that have State Data Center (SDC) or state intranet connectivity requirements. The state agency will document such consultation in writing.

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0051 FS. History‒New 1-9-20.

Fla. Admin. Code R. 60GG-4.005 State Agency Request for Variance or Waiver

A state agency may request a variance or waiver from these rules by filing a petition with the Department of Management Services (DMS) agency clerk, with a copy to the Joint Administrative Procedures Committee in accordance with Section 120.542, F.S., and Chapter 28-104, F.A.C., Variance or Waiver. The DMS Secretary, or designee, will review and grant or deny the request.

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0051 FS. History‒New 1-9-20.

Chapter 60GG-5 STATE OF FLORIDA ENTERPRISE ARCHITECTURE

Fla. Admin. Code R. 60GG-5.001 Purpose and Applicability; Definitions

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0051 FS. History–New 8-3-17, Formerly 74-5.001, Repealed 4-5-23.

Fla. Admin. Code R. 60GG-5.002 Enterprise Architecture

(1) Purpose and intent. The purpose of this Enterprise Architecture rule is for the Florida Digital Service (“FL[DS]”) to establish a statewide Enterprise Architecture. The intent of this Enterprise Architecture rule is to provide a comprehensive operational framework, including Standards and deliverables, that contemplates the needs and assets of the Enterprise to support Digital Interoperability.

(2) “State of Florida Enterprise Architecture: Transforming the Way Florida Purchases and Manages State Technology Resources” (“EA Document”), effective 04/23, is hereby adopted and incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15226. The EA Document establishes the Enterprise Architecture, which includes Standards and deliverables.

(3) Form FL[DS]-01, Technology Initiative Management Form (“FL[DS]-01”), effective 04/23, is hereby adopted and incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15227. When submission of the FL[DS]-01 is required pursuant to this rule, FL[DS] may accept submission of an alternative format provided it is equivalent to the FL[DS]-01. The equivalent form must include the deliverables identified in the FL[DS]-01, as verified by FL[DS]. If FL[DS] determines that the alternative format is not an equivalent to the FL[DS]-01, the Enterprise Agency must update and resubmit the equivalent form to FL[DS] within thirty (30) calendar days of being notified by FL[DS].

(4) Definitions. Capitalized terms used herein are defined in section 1 of the EA Document.

(5) Thresholds. For procurement or acquisition of Technology Asset(s) exceeding $195,000, Enterprise Agencies must complete and submit the FL[DS]-01, or an equivalent, in accordance with subsections (6) and (7) of this rule.

(6) Implementation. FL[DS] recognizes three categories of Technology Asset(s). They are Technology Asset(s) Planned, Technology Asset(s) in Development, and Technology Asset(s) in Operation.

(a) Technology Asset(s) Planned. A Technology Asset for which the intent to acquire has occurred but overt acts to initiate acquisition have not begun. This requirement applies regardless of the procurement method utilized. For all Technology Asset(s) Planned, the Enterprise Agency shall comply with the Standards and deliverables identified in the EA Document and FL[DS]-01, or equivalent. To document alignment with the EA Document and Standards and Deliverables, the Enterprise Agency must submit the FL[DS]-01, or an equivalent, in accordance with subsection (7) of this rule and must maintain supporting documentation in accordance with subsection (9) of this rule.

(b) Technology Asset(s) in Development. A Technology Asset for which the purchase is complete, work has begun, but Implementation has not yet occurred. For Technology Asset(s) in Development as of the effective date of this rule, the Enterprise Agency should find the Enterprise Architecture instructive wherever reasonably possible.

(c) Technology Asset(s) in Operation. A Technology Asset which has been made operational to Stakeholders or has been implemented. For Technology Asset(s) in Operation as of the effective date of this rule, the Enterprise Agency may find this rule instructive.

(7) Completion and Submission of the FL[DS]-01 or an Equivalent. For all new Technology Assets as of the effective date of this rule, Enterprise Agencies must complete and submit the FL[DS]-01, or an equivalent, to FL[DS] in accordance with subsections (5) through (7) of this rule.

(a) Prior to initiating acquisition of a Technology Asset, Enterprise Agencies must complete and submit the Strategy, Business, and Systems Domains sections of the FL[DS]-01, or an equivalent, to FL[DS]. The FL[DS]-01, or an equivalent, is not required to be completed to publish a Request for Information, as defined in Section 287.012(22), F.S.

Emergency Purchases. For emergency purchases, as described in Section 287.057(3)(a), F.S., the requirement to submit the FL[DS]-01, or an equivalent, prior to acquisition, does not apply. Within ninety (90) calendar days of initiating the emergency Technology Asset acquisition, Enterprise Agencies must complete and submit the Strategy, Business, and Systems Domain sections of the FL[DS]-01, or an equivalent, along with a copy of the agency head’s written determination, as required by Section 287.057(3)(a), F.S.

(b) Prior to implementing a Solution, Enterprise Agencies must complete and submit the Security, Data, Infrastructure, and Testing Domains sections of the FL[DS]-01, or an equivalent, to FL[DS].

Emergency Purchase. For emergency purchases, as described in Section 287.057(3)(a), F.S., the requirement to submit the FL[DS]-01, or an equivalent, prior to implementing a solution does not apply. Within one hundred and twenty (120) calendar days of implementing the Solution, Enterprise Agencies must complete and submit the Security, Data, Infrastructure, and Testing Domain sections of the FL[DS]-01, or an equivalent, to FL[DS].

(c) If the Enterprise Agency makes any changes to Technology Asset(s) which alter previous information provided in a submitted FL[DS]-01, or an equivalent, the Enterprise Agency must submit an updated FL[DS]-01, or an equivalent, to FL[DS]. The Enterprise Agency must submit the updated FL[DS]-01, or equivalent, to FL[DS] prior to implementing the change.

Emergency Purchases. For emergency purchases, as described in Section 287.057(3)(a), F.S., the requirement to submit the updated FL[DS]-01, or an equivalent, prior to making a change to the Technology Asset does not apply. Within sixty (60) calendar days of implementing the change, Enterprise Agencies must complete and submit the updated FL[DS]-01, or an equivalent, to FL[DS].

(8) Cabinet Agency Responsibilities. If a Cabinet Agency adopts alternative Standards in lieu of the Enterprise Architecture Standards, the Cabinet Agency must notify the Governor, the President of the Senate, and the Speaker of the House of Representatives in writing. The written notification must include a justification for adoption of the alternative Standards and explain how the Cabinet Agency will achieve Data Interoperability. A Cabinet Agency adopting alternative Standards should also provide the above-referenced notification to FL[DS].

(9) Documentation. Enterprise Agencies must maintain all supporting documentation to validate completion of the deliverables identified in all of the Enterprise Agency’s FL[DS]-01 forms, or equivalents. Upon request, Enterprise Agencies must submit copies of supporting documentation to the Enterprise Agency’s FL[DS]-01, or equivalent, to FL[DS]. Enterprise Agencies shall be responsible for maintaining all supporting documentation pursuant to the applicable retention schedule approved by the Department of State, Division of Library and Information Services.

(10) FL[DS] Responsibilities. FL[DS] shall support Initiatives which align with the Enterprise Architecture. If requested, FL[DS] will:

(a) Assist an Enterprise Agency in determining whether Technology Asset(s) align to the Enterprise Architecture outlined within the EA Document,

(b) Support an Enterprise Agency’s efforts to align Technology Asset(s) to the Enterprise Architecture as outlined in the EA Document, and

(c) Provide an Enterprise Agency an assessment of its compliance with the Enterprise Architecture as outlined in the EA Document within forty-five (45) calendar days of FL[DS]’s receipt of the request.

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0051, 282.206, FS. History–New 4-5-23.

Fla. Admin. Code R. 60GG-5.003 Identity Management

History

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0051 FS. History–New 8-3-17, Formerly 74-5.003, Repealed 4-5-23.

Division 60G Governor's Mansion Commission

Chapter 60G-1 ORGANIZATION, MEETINGS AND RESPONSIBILITIES OF GOVERNOR'S MANSION COMMISSION

Fla. Admin. Code R. 60G-1.001 Definitions

The following definitions shall apply when used in Chapter 60G-1, F.A.C.:

(1) “Commission” means the Governor’s Mansion Commission.

(2) “State Rooms” has the meaning ascribed in section 272.18(3)(a), F.S.

History

Rulemaking Authority 272.18(3)(f), (g) FS. Law Implemented 272.18 FS. History–New 8-1-83, Formerly 13L-1.01, 13L-1.001, Amended 10-14-98, Joint Administrative Procedures Committee Objection Filed–See FAR Vol. 51, No. 114, June 12, 2025, Amended 5-7-26, Amendment resolved Joint Administrative Procedures Committee Objection 5-7-26, Florida Administrative Register Vol. 52, No. 79, April 23, 2026.

Fla. Admin. Code R. 60G-1.002 Secretary

History

Rulemaking Authority 120.53(1) FS. Law Implemented 272.18, 120.53(1) FS. History–New 8-1-83, Formerly 13L-1.02, 13L-1.002, Repealed 10-14-98.

Fla. Admin. Code R. 60G-1.003 Meetings and Notice

History

Rulemaking Authority 272.18(2)(a) FS. Law Implemented 272.18 FS. History–New 8-1-83, Formerly 13L-1.03, 13L-1.003, Amended 10-14-98, Repealed 12-22-15.

Fla. Admin. Code R. 60G-1.004 Quorum

History

Rulemaking Authority 120.53(1) FS. Law Implemented 272.18 FS. History–New 8-1-83, Formerly 13L-1.04, 13L-1.004, Repealed 10-14-98.

Fla. Admin. Code R. 60G-1.005 Agenda

History

Rulemaking Authority 120.53(1) FS. Law Implemented 272.18 FS. History–New 8-1-83, Formerly 13L-1.05, 13L-1.005, Repealed 10-14-98.

Fla. Admin. Code R. 60G-1.006 Recording of Proceedings

History

Rulemaking Authority 120.53(1) FS. Law Implemented 272.18 FS. History–New 8-1-83, Formerly 13L-1.06, 13L-1.006, Repealed 10-14-98.

Fla. Admin. Code R. 60G-1.007 Minutes

History

Rulemaking Authority 120.53(1) FS. Law Implemented 272.18 FS. History–New 8-1-83, Formerly 13L-1.07, 13L-1.007, Repealed 10-14-98.

Fla. Admin. Code R. 60G-1.008 Action

History

Rulemaking Authority 120.53(1) FS. Law Implemented 272.18 FS. History–New 8-1-83, Formerly 13L-1.08, 13L-1.008, Repealed 10-14-98.

Fla. Admin. Code R. 60G-1.009 Voting

History

Rulemaking Authority 120.53(1) FS. Law Implemented 272.18 FS. History–New 8-1-83, Formerly 13L-1.09, 13L-1.009, Repealed 10-14-98.

Fla. Admin. Code R. 60G-1.010 Parlimentary Matters

History

Rulemaking Authority 120.53(1) FS. Law Implemented 272.18 FS. History–New 8-1-83, Formerly 13L-1.10, 13L-1.010, Repealed 10-14-98.

Fla. Admin. Code R. 60G-1.011 Responsibilities

(1) Use of State Rooms. Use of the State Rooms is only for the First Family, for uses that benefit the Commission, or for official state functions.

(2) Items Placed in State Rooms. No items may be placed in, or removed from, State Rooms except upon prior approval of the Commission. This requirement applies regardless of whether or not the items are acquired with state funds. The Commission will restrict items being placed in the State Rooms to such items as:

(a) Those which are directly relevant to the state’s history and/or its governors.

(b) Those which are consistent in period and/or style with those already in the State Rooms.

(c) Those which the Commission deems by vote to be appropriate for placement in the State Rooms, not otherwise covered in paragraphs (2)(a) and (2)(b), above.

(3) Acceptance of Gifts, Contributions, Bequests, or Loans of Property to the Commission.

(a) Gifts, Contributions, and Bequests. Persons making gifts, contributions, and bequests must do so free of terms and conditions. Such persons may provide the Commission with a gift letter or other writing confirming the transfer of ownership to the state free of terms and conditions.

(b) Loans.

The terms and conditions of all loans must be agreed to, in writing, by both the lender and the Commission.
Items on loan will be subject to the same procedures (documentation, maintenance, etc.) as those items which are the property of the state unless otherwise agreed to by the lender and the Commission.

History

Rulemaking Authority 272.18(3)(g) FS. Law Implemented 272.18 FS. History–New 8-1-83, Formerly 13L-1.11, 13L-1.011, Amended 5-7-26.

Fla. Admin. Code R. 60G-1.012 Not-for-Profit Corporation Operating for the Benefit of the Governor’s Mansion

If a not-for-profit corporation requests authorization to operate from the Commission pursuant to section 272.18(3)(f), F.S., it must enter into a contract with the Commission which:

(1) Provides that the corporation shall assist the Commission in the performance of duties required of the Commission by section 272.18, F.S., by:

(a) Requiring that the corporation comply with rules and procedures established by the Commission for the acceptance of gifts, donations, loans, and bequests;

(b) Requiring that the corporation provide notice to prospective donors of the nature of the corporation, the relationship of the corporation to the Commission and the existence and contents of the contract between the corporation and the Commission; and

(c) Requiring that the corporation put prospective donors on notice, in writing, of the fact that section 272.18(3)(e), F.S., states that no gifts, contributions, or bequests can be accepted without the approval of the Commission;

(2) Provides that the contract is not for the benefit of any third parties and is not assignable by the corporation without the express written consent of the Commission;

(3) Provides that the corporation will hold the Commission harmless for any liability arising from the corporation’s performance under the contract; and

(4) Specifies the scope and term of the contract.

History

Rulemaking Authority 272.18(3)(f) FS. Law Implemented 272.18 FS. History–New 10-2-89, Formerly 13L-1.012, Amended 5-7-26.

Division 60W IFAS Supplemental Benefit Program

Chapter 60W-1 PARTICIPATION

Fla. Admin. Code R. 60W-1.001 Scope and Purpose

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40 FS. History–New 2-4-86, Amended 9-8-92, Formerly 22Q-1.001, Repealed 12-22-15.

Fla. Admin. Code R. 60W-1.002 Statements of Policy

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40 FS. History–New 2-4-86, Formerly 22Q-1.002, Repealed 12-18-17.

Fla. Admin. Code R. 60W-1.003 Eligibility for Participation

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40(4) FS. History–New 2-4-86, Formerly 22Q-1.003, Repealed 1-10-17.

Chapter 60W-2 CREDITABLE SERVICE

Fla. Admin. Code R. 60W-2.001 Scope and Purpose

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40 FS. History–New 2-4-86, Amended 9-8-92, Formerly 22Q-2.001, Repealed 12-22-15.

Fla. Admin. Code R. 60W-2.002 Statements of Policy

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40 FS. History–New 2-4-86, Formerly 22Q-2.002, Amended 3-31-13, Repealed 12-18-17.

Fla. Admin. Code R. 60W-2.003 Service Credit for the Special FRS Benefit

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40 FS. History–New 2-4-86, Formerly 22Q-2.003, Repealed 12-18-17.

Fla. Admin. Code R. 60W-2.004 Credit for Previous Service

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40 FS. History–New 2-4-86, Formerly 22Q-2.004, Repealed 12-18-17.

Chapter 60W-3 CONTRIBUTIONS

Fla. Admin. Code R. 60W-3.001 Scope and Purpose

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40 FS. History–New 2-4-86, Amended 9-8-92, Formerly 22Q-3.001, Repealed 12-22-15.

Fla. Admin. Code R. 60W-3.002 Statements of Policy

(1) The Division shall establish procedures to be followed by the employer in making and reporting contributions for participants of the Institute’s Supplemental Benefit Program.

(2) The Institute at the University of Florida shall contribute on behalf of each participant a percentage of the participant’s gross monthly salary, including any salary paid by state and county warrants for service as a Florida Cooperative Extension Service employee.

(3) Neither the participant nor the employer is entitled to a refund of contributions paid by the employer on the participant’s behalf.

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40 FS. History–New 2-4-86, Formerly 22Q-3.002.

Fla. Admin. Code R. 60W-3.003 Contributions for Participants

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40 FS. History–New 2-4-86, Amended 2-7-89, Formerly 22Q-3.003, Amended 8-4-94, 12-12-96, 2-24-99, 3-31-13, Repealed 12-18-17.

Fla. Admin. Code R. 60W-3.004 Contributions for Reemployed Participants Receiving Supplemental Benefits

History

Rulemaking Authority 112.363(7), 121.40(13) FS. Law Implemented 121.40(11), (12), 112.363, 121.122 FS. History–New 2-4-86, Amended 5-18-88, 2-7-89, 11-14-91, Formerly 22Q-3.004, Amended 3-31-13, Repealed 12-18-17.

Fla. Admin. Code R. 60W-3.005 Payment of Contributions

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40(11), (12) FS. History–New 2-4-86, Formerly 22Q-3.005, Amended 3-31-13, Repealed 12-18-17.

Chapter 60W-4 BENEFITS

Fla. Admin. Code R. 60W-4.001 Scope and Purpose

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40 FS. History–New 2-4-86, Amended 9-8-92, Formerly 22Q-4.001, Repealed 12-22-15.

Fla. Admin. Code R. 60W-4.002 Statements of Policy

(1) All benefits provided under this chapter shall be payable only upon termination of employment with the Institute and proper application to the Division.

(2) It shall be the responsibility of the participant or his or her surviving joint annuitant to make proper application for supplemental benefits to the Division through the Institute on Form IF-11, effective 08/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07332, Florida Retirement System Application for Institute of Food and Agricultural Sciences (IFAS) Supplemental Retirement, herein adopted by reference, which may be obtained by calling the Division of Retirement toll free at (844)377-1888, if calling from outside the Tallahassee calling area or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. Such application shall give notice of the date on which he or she will be eligible to begin receiving a supplemental benefit as provided in subsection 60W-4.002(4), F.A.C. The Institute shall forward to the Division the participant’s application and other required documents when completed but no earlier than 6 months prior to the date the participant or joint annuitant becomes eligible to receive a supplemental benefit.

(3) The supplemental benefit shall be based only on service by a participant as a Florida Cooperative Extension Service employee of the Institute after December 1, 1970.

(4) The supplemental benefit shall commence on the later of:

(a) July 1, 1985, or

(b) The first day of the month following termination of employment with the Institute, for the purpose of retiring from the federal Civil Service Retirement System, or

(d) If the participant or his or her surviving joint annuitant fails to make application for the supplemental benefit within 30 calendar days of becoming eligible for the supplement, the supplemental benefit shall commence on the first day of the month following receipt of the application by the Division of Retirement.

(5) Proper application for benefits provided under this chapter shall include proof of age for the participant and for the joint annuitant. Once the birthdate of the participant and joint annuitant has been verified and the supplemental benefit commences, evidence of a different birthdate will not be accepted. Proof of age shall be established with one of the following types of evidence (except as provided in (i)).

(a) Copy of a birth certificate;

(b) Delayed birth certificate;

(d) Census report more than 30 years old,

(e) Life insurance policy more than 30 years old;

(f) Certificate of Naturalization;

(g) Letter from the Social Security Administration stating the date of birth it has established for the payment of benefits;

(h) Florida driver license issued after January 1, 2010, that indicates compliance with the federal REAL ID Act.

(i) In the absence of the above, a document from two of the following categories will be required:

Birth certificate of child, showing age of parent,
Baptismal certificate,
Hospital record of birth,
School record at time of entering grammar school.

(j) Other evidence as deemed necessary by the Division, in the event the above documents cannot be obtained or establish conflicting birth dates.

(6) A copy of the marriage license if the spouse is named as beneficiary and the member selects option 3 or 4 as provided in Rule 60S-4.010, F.A.C., is required as part of a proper application for benefits under this section.

(7) Benefits shall begin to accrue on the effective date of retirement and shall be payable in monthly installments on the last regular work day of each month.

(8) A participant shall not be entitled to receive the following:

(a) Disability benefits if he or she becomes totally and permanently disabled; or

(b) In-line-of-duty death benefits; or

(c) Early retirement benefits if he or she retires from the Institute and the federal Civil Service Retirement System prior to attaining age 62 as provided by subsection 60W-4.003(2), F.A.C. Such a participant shall become eligible to receive a supplemental benefit upon attaining age 62 as provided in subsection 60W-4.006(3), F.A.C.

(9) Immediately upon reducing, suspending or terminating a benefit or, if possible, prior to taking such action, the Division may give notice in writing to each person known by the Division to be substantially affected by the action. The notice shall:

(a) State the nature of the action and the reason for it.

(b) State that a person who does not agree with the action may, within 21 days of receipt of the notice, request a hearing on the decision by filing a petition prepared in accordance with Rule 28-106.201, F.A.C.

(c) State that a person who does not file a petition within 21 days of receipt of the notice shall have waived his or her right to request a hearing on the decision.

(d) Contain a reference to this rule and enclose a copy of Rule 28-106.201, F.A.C.

(10) Benefits under the Institute’s Supplemental Benefit Program are subject to the same forfeiture provisions applicable to regular members of the Florida Retirement System as provided in Sections 121.091(5)(f)-(k), F.S.

History

Rulemaking Authority 121.40(13) FS. Law Implemented 112.3173, 121.40 FS. History–New 2-4-86, Amended 9-5-90, Formerly 22Q-4.002, Amended 8-4-94, 3-31-13, 10-23-16.

Fla. Admin. Code R. 60W-4.003 Eligibility for Supplemental Benefits

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40(4) FS. History–New 2-4-86, Formerly 22Q-4.003, Amended 8-4-94, Repealed 1-10-17.

Fla. Admin. Code R. 60W-4.004 Supplemental Benefits Payable Upon Satisfaction of Eligibility Requirements

(1) The maximum monthly supplemental benefit for a participant shall be calculated as follows:

The Supplemental Benefit (SB) shall be the remainder of the sum of the Special Florida Retirement System Benefit (SFRS) plus the Special Social Security Benefit (SSS) minus the Special Civil Service Benefit (SCS).

SB = (SFRS + SSS) – SCS

where:

Special Civil Service Benefit (SCS) is –

The amount of a monthly federal Civil Service Retirement System annuity without a survivor benefit, based only on service after December 1, 1970 and calculated in accordance with the provisions of the federal Civil Service Retirement System. If the participant retires from the federal Civil Service Retirement System prior to attaining age 62, the percentage increase of any cost-of-living adjustments made to his or her Civil Service benefit between his or her retirement and the time he or she attains age 62 will be applied to the Special Civil Service benefit used to calculate the supplemental benefit.

Special Social Security Benefit (SSS) is –

An amount equal to the monthly Primary Insurance Amount that the participant would have been entitled to receive under Social Security, had he or she been covered for Social Security based only on service after December 1, 1970, and computed in accordance with provisions of the Social Security Act.

Special Florida Retirement System Benefit (SFRS) is –

The amount of a monthly option 1 retirement benefit that the participant would have been entitled to receive at his or her normal retirement age under the Florida Retirement System based only on service after December 1, 1970, and calculated as provided in paragraph 60S-4.004(1)(a), F.A.C.

(2) If there is a change in the participant’s final salary after the Institute’s earnings records are finalized, the amount of the supplemental benefit will be adjusted retroactively.

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40(5) FS. History–New 2-4-86, Formerly 22Q-4.004.

Fla. Admin. Code R. 60W-4.005 Supplemental Benefits Payable Upon Death

(1) If the death of a participant occurs prior to the completion of 10 years of creditable service with the Institute there will be no benefit payable.

(2) If the death of a participant occurs after the completion of 10 years of creditable service with the Institute, either while he or she is employed with the Institute prior to his or her actual retirement from the federal Civil Service Retirement System, or after such retirement but prior to attaining age 62, it shall be assumed that the participant had met all other eligibility requirements provided in Rule 60W-4.003, F.A.C., and had retired on his or her date of death. Such deceased participant’s designated beneficiary shall be eligible to receive a supplemental benefit according to the following provisions:

(a) The designated beneficiary must qualify as a joint annuitant as defined in subsection 60W-6.001(5), F.A.C.; and

(b) Benefits shall commence upon such joint annuitant’s attaining the age of 62 and upon proper application; and

(c) The benefit shall be calculated based on the age of the participant on his or her date of death, or age 62 if greater, and the age the joint annuitant would be at the participant’s age being used for the calculation. The benefit shall begin as provided in paragraph 60W-4.005(2)(b), F.A.C., and shall be paid for the lifetime of the joint annuitant in accordance with Option 3 as provided in paragraph 60W-4.007(1)(c) and subsection (4), F.A.C.

(3) Upon the death of a retired participant, joint annuitant, or beneficiary who is receiving monthly supplemental benefits, the supplemental benefits shall be paid through the last day of the month of death. The monthly supplemental benefit paid in the month of death shall be reissued to the estate of the deceased payee when the Division is advised of the death of the payee before the warrant is deposited or cashed. Any monthly supplemental benefits payable beyond the month of death shall be computed in accordance with the optional supplemental benefit selected by the participant and shall be issued to the designated beneficiary or joint annuitant, if applicable.

(4) In the event the designated beneficiary wishes to refuse the supplemental benefits to which he or she is entitled, he or she shall disclaim those benefits as provided in Chapter 739, F.S. All benefits due the first disclaiming beneficiary shall then be paid to the next designated beneficiary, notwithstanding the ability of the recipient beneficiary to qualify as a joint annuitant. If there is no other designated beneficiary, benefits shall be paid as provided in Section 121.091(8), F.S., notwithstanding the ability of the recipient beneficiary to qualify as a joint annuitant. No benefit may be created through a disclaimer greater than the actuarial equivalent to which the disclaiming beneficiary was entitled. If the benefit disclaimed is Option 2, 3, or 4, the recipient beneficiary shall receive the actuarial equivalent, based on tables adopted by the Division, of the amount to which the disclaiming beneficiary was entitled.

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40(8) FS. History–New 2-4-86, Formerly 22Q-4.005, Amended 8-4-94.

Fla. Admin. Code R. 60W-4.006 Supplemental Benefits Payable After Termination

A participant whose employment is terminated for any reason other than death, or retirement from the Institute with immediate commencement of supplemental benefits, shall be subject to the following provisions:

(1) If he or she had less than 10 years of creditable service with the Institute at the time of his or her termination, he or she shall not be entitled to supplemental benefits under this chapter; or

(2) If his or her termination of employment from the Institute is prior to meeting the age requirements for Civil Service Optional (deferred) Retirement (age 62 with 5 years service, age 60 with 20 years service, or age 55 with 30 years service), and he or she will not be immediately eligible for a Civil Service benefit, and he or she does not return to employment with the Institute for sufficient time to qualify him for eligibility for Civil Service retirement immediately upon a subsequent termination, he or she shall not be entitled to supplemental benefits under this chapter; or

(3) If he or she had not attained age 62 at the time of his or her termination, but was otherwise eligible for a supplemental benefit as provided in Rule 60W-4.003, F.A.C., he or she shall be eligible, upon attaining age 62 and proper application, to receive a monthly supplemental benefit based on his or her average final compensation and creditable service as of his or her date of termination from the Institute, and computed in accordance with Rule 60W-4.004, F.A.C.

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40 FS. History–New 2-4-86, Formerly 22Q-4.006.

Fla. Admin. Code R. 60W-4.007 Optional Supplemental Benefits

(1) A participant who is eligible for a supplemental benefit computed in accordance with Rule 60W-4.004, F.A.C., shall select prior to the receipt of his or her first monthly supplemental benefit payment, one of the four optional forms of payment of such benefit as provided in paragraph (a), (b), (c) or (d) on Form FRS-11o (IFAS) (Rev. 07/10), http://www.flrules.org/Gateway/reference.asp?No=Ref-01851, Florida Retirement System Pension Plan Option Selection for Institute of Food and Agricultural Sciences, herein incorporated by reference, which also requires such participant to attest to his or her marital status on Form SA-1 (Rev. 01/10), http://www.flrules.org/Gateway/reference.asp?No=Ref-01855, Florida Retirement System Pension Plan Spousal Acknowledgment Form, as adopted in Rule 60S-4.010, F.A.C., herein incorporated by reference. A married participant who selects option 1 under paragraph (a) or option 2 under paragraph (b) shall also be required to have his or her spouse complete the spousal acknowledgement section of Form SA-1. Such forms shall be submitted to the Division and may be obtained by calling the Division’s Bureau of Retirement Calculations toll free at (888) 738-2252, if calling from outside the Tallahassee calling area or locally at (850) 488-6491, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800) 955-8771. The supplemental benefit payment options are as follows:

(a) Option 1. The maximum supplemental benefit payable to the participant during his or her lifetime.

(b) Option 2. A supplemental benefit payable during his or her lifetime and, in the event of death within a period of 10 years after his or her retirement, the same monthly amount to be payable to his or her beneficiary for the balance of such 10-year period.

(c) Option 3. A supplemental benefit which shall be payable during the joint lifetime of both the participant and his or her joint annuitant and which shall continue after death of either during the lifetime of the survivor in the same amount.

(d) Option 4. A supplemental benefit payable during the joint lifetime of the participant and his or her joint annuitant, and which shall continue after death of either, during the lifetime of the survivor in an amount equal to 66 2/3 percent of the amount which was payable during the joint lifetime of the participant and his or her joint annuitant.

(2) The supplemental benefits payable under Option 1 in this section shall be the amounts computed as provided in Rule 60W-4.004, F.A.C. The supplemental benefits payable under Options 2, 3, and 4 in this section shall be the actuarial equivalent of the amount to which the participant is otherwise entitled under Option 1, based on the actuarial tables included in Chapter 60W-7, F.A.C.

(3) The supplemental benefits payable under Option 2 shall be calculated as follows:

(a) Determine the maximum supplemental benefit for which the participant is eligible under Option 1.

(b) Select the appropriate Option 2 factor from Chapter 60W-7, F.A.C.

(c) Multiply the maximum supplemental benefit obtained in (a) above by the actuarial factor obtained in (b) above to determine the benefit which the participant shall receive.

(d) In the event of death of the recipient of an Option 2 benefit when an institution or an estate is the beneficiary, such beneficiary may request a lump sum settlement of any monthly supplemental benefit payments remaining of the ten-year payment period. The lump sum shall represent the present value of the remaining unpaid installments adjusted for the time value of money. The official representative of the institution or the executor, administrator or personal representative of the estate shall sign a release acknowledging payment of any claim against the retirement trust fund.

(4) The supplemental benefits payable under Option 3 or 4 shall be calculated as follows:

(a) Determine the maximum supplemental benefit for which the participant is eligible under Option 1.

(b) Using the ages of the participant and the joint annuitant at the date the supplemental benefit shall commence, as provided in subsection 60W-4.002(4), F.A.C., select the appropriate actuarial factor as provided in Chapter 60W-7, F.A.C., for the option chosen by the participant.

(c) Multiply the maximum supplemental benefit obtained in paragraph 60W-4.007(4)(a), F.A.C., by the actuarial factor obtained in paragraph 60W-4.007(4)(b), F.A.C., to determine the supplemental benefit which the participant shall receive.

(5) After a supplemental benefit warrant has been cashed or deposited, the election of an option shall not be changed.

(6) The election of an option shall be null and void if either the participant, designated beneficiary, or designated joint annuitant should die before the first day of the month during which supplemental benefits commence, as provided in subsection 60W-4.002(4), F.A.C. If a participant should die prior to such date, his or her employment will be considered to have been terminated by death (even if the death occurred after his or her last day of employment), and supplemental benefits shall be payable in accordance with the provisions of Rule 60W-4.005, F.A.C. If the participant should die after such date, his or her employment will be considered to have been terminated by retirement, and supplemental benefits shall be payable in accordance with the supplemental benefit option selected as provided by this section, except when death occurs prior to the cashing or depositing of the first supplemental benefit warrant by the participant, and the surviving spouse or other dependent is the designated beneficiary or designated joint annuitant, in which case supplemental benefits shall be payable in accordance with the provisions of Rule 60W-4.005, F.A.C.

(7)(a) A participant who elects Option 3 or 4 shall designate his or her spouse or other joint annuitant to receive the benefits which continue to be payable upon his or her death on the application for supplemental benefits, Form IF-11, as adopted by reference in subsection 60W-4.002(2), F.A.C. If, after benefits have commenced under Option 3 or 4, the retired participant desires to change his or her designation of a joint annuitant, he or she may do so twice during his or her retired life. A retired participant desiring to change his or her designation shall file with the Division a notarized Form JA-1 (Rev. 12/02), http://www.flrules.org/Gateway/reference.asp?No=Ref-01853, Florida Retirement System Pension Plan Change of Joint Annuitant Form (Retired members only), as adopted in Rule 60S-4.010, F.A.C., herein incorporated by reference, and proof of birth for the new joint annuitant, a copy of the marriage certificate if the new joint annuitant is a spouse and a copy of the death certificate if the previously designated joint annuitant is deceased. The JA-1 form may be obtained by calling the Division’s Survivor Benefits Section toll free at (877) 377-4347, if calling from outside the Tallahassee calling area or locally at (850) 488-5207, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800) 955-8771. The participant is also required to notify his or her former joint annuitant, if living, of such change in writing. Upon the Division’s receipt of the completed Form JA-1, the Division shall adjust the retired participant’s monthly benefit by application of actuarial tables and calculations developed to ensure that the benefit paid is the actuarial equivalent of the present value of the participant’s monthly benefit at the time of the joint annuitant change. The consent of a retired participant's first designated joint annuitant to any such change shall not be required. The effective date of the change will be the first day of the month following receipt of the JA-1 form by the Division.

(b) In the event of the dissolution of marriage of a retired member and his or her designated joint annuitant, such member may, on or after June 17, 1998, elect to nullify the joint annuitant designation of the former spouse, unless there is an existing qualified domestic relations order preventing such action. The member must file with the Division a notarized statement of nullification on Form JA-NUL (Rev. 07/99), http://www.flrules.org/Gateway/reference.asp?No=Ref-01854, Florida Retirement System Pension Plan Joint Annuitant Nullification Form, as adopted in Rule 60S-4.010, F.A.C., herein adopted by reference and a copy of the divorce decree. Form JA-NUL may be obtained by calling the Division’s Survivor Benefits Section toll free at (877) 377-4347, if calling from outside the Tallahassee calling area or locally at (850) 488-5207. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or (800) 955-8771. The nullification shall be effective on the first day of the next month following receipt by the Division of the properly completed form and a copy of the divorce decree. Benefits due the member shall be adjusted, if appropriate, and shall be paid as if the former spouse predeceased the member. A member who makes such an election may not reverse the nullification. Such nullification shall not count as a change of joint annuitant unless the member chooses to designate a new joint annuitant in accordance with paragraph (a), in which case the member’s monthly benefit will be adjusted as though the member’s nullified joint annuitant is not living.

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40(7) FS. History–New 2-4-86, Formerly 22Q-4.007, Amended 3-31-13.

Fla. Admin. Code R. 60W-4.008 Designation of Beneficiary

(1) A participant, prior to applying for supplemental benefits, may designate a beneficiary to receive the benefits which may be payable in the event of the participant’s death pursuant to these rules on Form BEN-001 (Rev. 06/04), http://www.flrules.org/Gateway/reference.asp?No=Ref-01848, Florida Retirement System Pension Plan Beneficiary Designation Form Active Members Only, as adopted in Rule 60S-4.011, F.A.C., herein incorporated by reference. This form may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division’s Bureau of Retirement Calculations toll free at (888) 738-2252, if calling from outside the Tallahassee calling area or locally at (850) 488-6491, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800) 955-8771.

(2) A participant may designate multiple beneficiaries, sequentially or jointly, on the BEN-001 form.

(3) A participant may change his or her designation of a beneficiary at any time prior to applying for supplemental benefits by submitting a new BEN-001 form to the Division.

(4) Upon application for the supplemental benefit, a participant shall be required to complete a new designation of beneficiary on the application form as provided by the Division.

(5) If no beneficiary is designated or if no designated beneficiary survives the participant, the Division shall direct the payment of supplemental benefits, if any, to the spouse of the deceased participant, or if the spouse is not living, to the living children of the deceased participant, or on their behalf if under 18 years of age. If no children survive, any remaining supplemental benefits shall be payable to the participant's father and/or mother, if living; otherwise, to the legal representative of the participant’s estate.

(6) If a participant is retired under Option 3 or 4, the designated beneficiary shall be a joint annuitant. The joint annuitant must be the spouse or someone who is financially dependent as defined in the definition of joint annuitant in subsection 60W-6.001(5), F.A.C. Proof of financial dependency shall be required and may include the following documents, as determined by the Division based on the circumstances of the joint annuitant:

(a) Copy of participant’s federal income tax return(s) claiming the dependent as an exemption.

(b) Copy of participant’s and joint annuitant’s (if any) federal income tax return showing that one-half or more of the joint annuitant’s support is provided by the participant.

(d) Papers indicating child custody and support payments.

(e) Other proof as required by the Division based on individual circumstances.

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40(9) FS. History–New 2-4-86, Formerly 22Q-4.008, Amended 3-31-13.

Fla. Admin. Code R. 60W-4.009 Reemployment of Participants Receiving Supplemental Benefits

(1) Any retired participant who is receiving a supplemental benefit under this chapter and is reemployed at the institute in a position as a cooperative extension employee of the institute, shall forfeit all rights to supplemental retirement benefits as provided in Section 121.40(11), F.S.

(2) Any retired participant who is receiving a supplemental benefit under this chapter may be employed by a private employer or a public employer, including one who participates in the Florida Retirement System, without affecting his or her supplemental benefits.

(3) Any retired participant who is receiving a supplemental benefit under this chapter may be reemployed by an employer who participates in the Florida Retirement System in either a regularly established position or a temporary position.

(4) Any retired participant who is reemployed under the provisions of subsection 60W-4.009(2), F.A.C., shall not have his or her average final compensation or years of creditable service adjusted because of such employment.

(5) Any employer who participates in the Florida Retirement System and who employs a retired participant of the Institute who is receiving a supplemental benefit, in a regularly established position, shall pay the required contributions in accordance with Rule 60W-3.004, F.A.C.

(6) A retired participant who is reemployed by an employer who participates in the Florida Retirement System may or may not have to make Social Security contributions, depending on the following:

(a) If the retired participant fills a regularly established position, the retired participant shall make Social Security contributions on all compensation received from such employment unless the position filled is a part-time position established and designated exclusively for the employment of retirees and the position does not require more than 500 hours of work per calendar year.

(b) If the retired participant fills a temporary position (as defined in paragraphs 60S-1.004(5)(a) and (b), F.A.C.), the retired participant shall not make Social Security contributions during such temporary reemployment except as provided in paragraph 60W-4.009(5)(c), F.A.C.

(c) If the employer has absolute Social Security coverage, the retired participant who is reemployed must make Social Security contributions irrespective of the type position he or she is filling beginning with his or her first day of reemployment.

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40(11) FS. History–New 2-4-86, Formerly 22Q-4.009, Amended 3-31-13.

Fla. Admin. Code R. 60W-4.010 Cost-of-Living Adjustments

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40(10) FS. History–New 2-4-86, Amended 2-7-89, Formerly 22Q-4.010, Amended 3-31-13, Repealed 12-18-17.

Fla. Admin. Code R. 60W-4.011 Deductions from Monthly Benefits

History

Rulemaking Authority 121.40 FS. Law Implemented 121.40, 121.091 FS. History–New 2-4-86, Formerly 22Q-4.011, Amended 3-31-13, Repealed 12-18-17.

Fla. Admin. Code R. 60W-4.012 Benefits Exempt from Taxes and Execution

History

Rulemaking Authority 121.40 FS. Law Implemented 121.131 FS. History–New 2-4-86, Formerly 22Q-4.012, Repealed 12-18-17.

Chapter 60W-5 ADMINISTRATION

Fla. Admin. Code R. 60W-5.001 Scope and Purpose

History

Rulemaking Authority 121.40(14) FS. Law Implemented 121.40 FS. History–New 2-4-86, Formerly 22Q-5.001, Repealed 10-25-12.

Fla. Admin. Code R. 60W-5.002 Statements of Policy

History

Rulemaking Authority 121.40(14) FS. Law Implemented 112.61, 121.40 FS. History–New 2-4-86, Formerly 22Q-5.002, Repealed 10-25-12.

Fla. Admin. Code R. 60W-5.003 Receipts

History

Rulemaking Authority 121.40(14) FS. Law Implemented 121.40(14) FS. History–New 2-4-86, Formerly 22Q-5.003, Repealed 10-25-12.

Fla. Admin. Code R. 60W-5.004 Investment of Funds

History

Rulemaking Authority 121.40(14) FS. Law Implemented 121.40(13) FS. History–New 2-4-86, Formerly 22Q-5.004, Repealed 10-25-12.

Fla. Admin. Code R. 60W-5.005 Disbursements

History

Rulemaking Authority 121.40(14) FS. Law Implemented 121.40(13), (14) FS. History–New 2-4-86, Formerly 22Q-5.005, Repealed 10-25-12.

Chapter 60W-6 DEFINITIONS

Fla. Admin. Code R. 60W-6.001 Definitions

Whenever used in these rules, unless otherwise expressly stated, or unless the context or subject matter requires a different meaning, the following words and phrases shall have the respective meanings indicated below. The definitions provided in Chapter 60S-6, F.A.C., shall not apply to this chapter except when specifically cited.

(1) ADMINISTRATOR – means the Secretary of the Department of Management Services.

(2) CREDITABLE SERVICE – means any service subsequent to December 1, 1970, with the Institute of Food and Agricultural Sciences as a Florida Cooperative Extension Service employee holding both state and federal appointments. Such service must be credited toward a federal Civil Service Retirement System annuity.

(3) DIVISION – means the Division of Retirement.

(4) INSTITUTE – means the Institute of Food and Agricultural Sciences of the University of Florida.

(5) JOINT ANNUITANT – means the spouse or any other person who is financially dependent where the other person is someone who is receiving one-half or more of his support from the participant or is eligible to be claimed as a dependent or exemption on the federal income tax return of the participant.

(6) PARTICIPANT – means any employee of the Institute of Food and Agricultural Sciences at the University of Florida who has met the requirements provided in Rule 60W-1.003, F.A.C.

(7) TRUST FUND – means the Florida Retirement System Trust Fund.

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.047, 121.40(3) FS. History–New 2-4-86, Formerly 22Q-6.001, Amended 3-31-13.

Chapter 60W-7 ACTUARIAL FACTORS

Fla. Admin. Code R. 60W-7.001 Scope and Purpose

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40 FS. History–New 2-4-86, Formerly 22Q-7.001, Repealed 12-22-15.

Fla. Admin. Code R. 60W-7.002 Actuarial Factors for Calculating Optional Supplemental Benefits

(1) The actuarial factors adopted in this chapter shall be used in calculating optional forms of supplemental benefits as provided in Rule 60W-4.007, F.A.C. Such factors shall be the factors incorporated by reference in Rule 60S-7.009 F.A.C., and may be obtained by contacting the Division of Retirement, 1317 Winewood Boulevard, Building 8, Tallahassee, Florida 32399-1560.

(2) In the event that actuarial factors are required for certain ages for which there are no actuarial factors provided in this chapter, the Division shall make available the appropriate factors. If the difference in the age of any participant and his/her joint annuitant is greater than 20 years (the extent of the tables herein adopted), the factor applicable in those cases shall be the same factor indicated for a participant of the same age when the difference in the participant’s age and his/her joint annuitant is 20 years.

(3) The appropriate factor shall be determined by the ages of the participant and the joint annuitant the month the supplemental benefit commences or the month the supplemental benefit is calculated due to death as provided in 60W-4.005, F.A.C. Such age shall be determined as follows:

If such month is 6 or fewer months after the birth month, the actuarial factor selected shall be the factor for the age as of the last birthday. If such month is 7 or more months after the birth month, the actuarial factor selected shall be the factor for the age as of the next birthday.

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40 FS. History–New 2-4-86, Formerly 22Q-7.002.

Chapter 60W-8 APPROVED FORMS

Fla. Admin. Code R. 60W-8.001 Approved Forms

History

Rulemaking Authority 121.40(13) FS. Law Implemented 121.40 FS. History–New 2-4-86, Formerly 22Q-8.001, Amended 1-4-93, 9-18-07, 3-31-13, Repealed 3-2-17.

Division 60L Personnel Management System

Chapter 60L-26 DUAL EMPLOYMENT AND EMPLOYMENT IN EXCESS OF ONE FULL-TIME EQUIVALENT POSITION

Fla. Admin. Code R. 60L-26.001 Purpose

History

Rulemaking Authority 110.201(1), 216.262(1)(e) FS. Law Implemented 216.262(1)(e) FS. History–New 4-17-96, Repealed by Section 42, Chapter 2001-43, Laws of Florida, 1-1-02.

Fla. Admin. Code R. 60L-26.002 Policy

History

Rulemaking Authority 110.201(1), 216.262(1)(e) FS. Law Implemented 216.262(1)(e) FS. History–New 4-17-96, Repealed by Section 42, Chapter 2001-43, Laws of Florida, 1-1-02.

Chapter 60L-29 DEFINITIONS

Fla. Admin. Code R. 60L-29.001 Scope and Purpose

History

Rulemaking Authority 110.1055 FS. Law Implemented 110.1055 FS. History–New 1-1-02, Repealed 3-2-17.

Fla. Admin. Code R. 60L-29.002 Definitions

(1) This chapter defines terms and phrases used throughout the chapters in the 60L series of the Florida Administrative Code. In this series, terms and phrases shall have the meanings defined in Chapter 110, F.S., or in this chapter. Terms and phrases not defined by statute or rule shall be construed according to the technical meaning recognized by human resources professionals or, absent a technical meaning, their plain meaning, and in all cases with the objective of advancing the purpose of the rule in which they appear.

(2) “Department” means the Department of Management Services.

(3) “DROP” means the Deferred Retirement Option Program created by Section 121.091(13), F.S.

(4) “FLSA” means the federal Fair Labor Standards Act of 1938, as amended, codified at 29 U.S.C. §§201-219.

(5) “FMLA” means the Family and Medical Leave Act of 1993, as amended, codified at 5 U.S.C. §§6381-6387 and 29 U.S.C. §§2601-2654.

(6) “State Personnel System” means the employment system comprised of positions within the career service, selected exempt service, or senior management service, and within all agencies except those in the State University System, the Florida Lottery, the Legislature, the Justice Administration System, or the State Courts System.

History

Rulemaking Authority 110.1055, 110.201(1), 110.403(1), 110.605(1) FS. Law Implemented 110.1055, 110.201, 110.403, 110.605 FS. History–New 1-22-02, Amended 3-2-17.

Chapter 60L-30 PERSONNEL PROGRAMS AND RECORDS

Fla. Admin. Code R. 60L-30.001 General Responsibilities, Employee Records and Technical Assistance

(1) Each agency is responsible for the proper administration of the personnel rules within the agency.

(2) Each agency shall designate employees or entities authorized to administer the personnel programs required by Chapter 110, F.S., and associated Department rules.

(3) The records that are to be made a part of the employee’s individual personnel file shall be reviewed and approved by the agency personnel officer or representative for entry into the personnel file.

(4) The Department shall provide, or arrange for an outside vendor to provide, technical assistance to the employing agencies in carrying out the requirements of the rules of the State Personnel System.

History

Rulemaking Authority 110.1055, 110.201(1), 110.403(1), 110.605(1) FS. Law Implemented 110.105, 110.201, 110.403, 110.605 FS. History–New 1-1-02, Amended 3-2-17.

Fla. Admin. Code R. 60L-30.002 Employee Records

History

Rulemaking Authority 110.1055, 110.201(1), 110.403(1), 110.605(1) FS. Law Implemented 110.105, 110.201, 110.403, 110.605 FS. History–New 1-1-02, Repealed 3-2-17.

Fla. Admin. Code R. 60L-30.003 Technical Assistance

History

Rulemaking Authority 110.1055, 110.201(1), 110.403(1), 110.605(1) FS. Law Implemented 110.105, 110.201, 110.403, 110.605 FS. History–New 1-22-02, Repealed 3-2-17.

Chapter 60L-31 CLASSIFICATION PLAN

Fla. Admin. Code R. 60L-31.001 General Responsibilities

(1) The official broadband level code shall be used on all personnel and payroll records and in the preparation of legislative and operating budgets.

(2) Positions shall not be allocated to a broadband level that has not been approved as part of the classification plan.

(3) The Department shall prescribe, and each employing agency shall maintain, a position numbering system that identifies each individual position.

(4) The Department shall assign to each position those designators the Department has established under paragraph 60L-31.002(3)(e), F.A.C.

(5) The Department shall be responsible for the following.:

(a) The overall establishment, coordination, review, and maintenance of the classification plan.

(b) The conducting of periodic studies and surveys to assure that the classification plan is maintained on a current basis.

(d) The development of model forms to be used by all agencies in describing essential functions of the position, assigned duties, supervisory relationships, special skills required, and other information necessary to determine the proper classification of each position. When deemed necessary for the maintenance of the classification plan, the Department may require submission of forms or any other related information.

(6) Except as expressly delegated to an agency, the Department shall assign positions to the selected exempt service and senior management service in accordance with the specific designations under Section 110.205, F.S., and the organization structures determined in accordance with Chapters 20 and 216, F.S., or other applicable law. The Department may assign positions that are not so designated by taking into account as a minimum:

(a) The authority of the position to make final policy decisions, the nature of such decisions, and the effect of such policy decisions on the agency’s operation and effectiveness;

(b) The effect of independently made policy decisions on the public or other agencies;

(c) The size and nature of the total budget, including the administrative operating budget, for which the position has final responsibility;

(d) The total number of professional, supervisory, and managerial employees, including salaried, contract, consultant, volunteer, and OPS, for which the position has managerial responsibility;

(e) The organization level of the position in the agency; and,

(f) The limit of positions to be included as specified in Section 110.403(1)(a), F.S., is not exceeded.

History

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. History–New 1-1-02, Amended 4-3-03.

Fla. Admin. Code R. 60L-31.002 Job Family Descriptions, Occupational Group Characteristics, and Occupation Profiles

(1) The Department shall establish and maintain the job family descriptions, occupational group characteristics, and occupation profiles.

(2) Each job family description shall include a list of occupational groups within the job family and a list of all occupations within the occupational group.

(3) For each occupational group, the Department shall establish and maintain:

(a) A description of the occupational group;

(b) An effective date;

(d) Performance typically associated with each broadband level; and,

(e) Position designators valid within each broadband level.

(4) For each occupation, the Department shall establish and maintain:

(a) A description of the occupation;

(b) An effective date;

(d) Examples of job characteristics;

(e) Examples of knowledge, skills and abilities as established and maintained by the Department for positions that will be allocated to the broadband level (while the exact duties and responsibilities of positions in the broadband level may differ, all positions allocated to the broadband level shall be sufficiently similar as to kind of work, level of difficulty or responsibility, and qualification requirements to warrant like treatment); and,

(f) Licensure, certification or registration requirements.

History

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. History–New 1-1-02, Amended 4-3-03.

Fla. Admin. Code R. 60L-31.003 Position Descriptions

(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.

History

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. History–New 1-6-02, Amended 4-3-03.

Fla. Admin. Code R. 60L-31.004 Exercise of Classification Authority

(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.

(4) Classification actions of the employing agency shall be subject to post audit review by the Department. If the Department determines that the duties and responsibilities officially assigned to the position are not in accordance with the classification system, the action may be changed as provided in Chapter 110, F.S.

(5) When a position is affected by a classification action, the pay for the employee filling that position shall be determined in accordance with the provisions of Chapter 60L-32, F.A.C.

History

Rulemaking Authority 110.1055, 110.201(1), 110.2035(1), 110.403(1), 110.605(1) FS. Law Implemented 110.201, 110.403, 110.605 FS. History–New 1-22-02, Amended 4-3-03.

Chapter 60L-32 COMPENSATION AND BENEFITS

Fla. Admin. Code R. 60L-32.0001 Definitions

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.

History

Rulemaking Authority 110.1055, 110.201(1) FS. Law Implemented 110.2035, 110.403, 110.605 FS. History‒New 1-26-14.

Fla. Admin. Code R. 60L-32.001 Determining Salary upon Appointment

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.

History

Rulemaking Authority 110.1055, 110.201(1), 110.403(1), 110.605(1) FS. Law Implemented 110.2035, 110.403, 110.603 FS. History–New 1-6-02, Amended 4-3-03, 1-26-14.

Fla. Admin. Code R. 60L-32.0011 Increases to Base Rate of Pay

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.

History

Rulemaking Authority 110.1055, 110.201(1), 110.403(1), 110.605(1) FS. Law Implemented 110.2035, 110.403, 110.603 FS. History–New 1-1-02, Amended 4-3-03.

Fla. Admin. Code R. 60L-32.0012 Pay Additives and Incentive Pay

(1) Employees filling career service positions for which a pay additive has been approved shall receive the pay additive. A pay additive shall be removed or adjusted if there is a change in the conditions upon which it was granted.

(2) Career service pay additives include the following:

(a) Shift Differential – When justified by competitive labor practices and in accordance with applicable collective bargaining agreements, agencies may approve this additive for positions regularly assigned to an evening, night, rotating or split shift when the major portion of the hours assigned during the shift are between 5:00 p.m. and 6:00 a.m.

(b) On-Call – Agencies may approve employees to be placed on-call. Employees placed on-call shall be compensated in accordance with applicable collective bargaining agreements.

Agencies may assign this additive to individual employees subject to the following conditions:

a. The employee has been instructed by the appropriate management to remain available to work during an off duty period.

b. The employee must leave word where the employee may be reached by phone or electronic signaling device; and

c. The employee is available to return to the work location on short notice to perform assigned duties, notwithstanding that the employee may be in paid or unpaid leave status.

An employee who is absent from work due to personal illness for all or part of the previous work shift may be excluded from on-call status at the supervisor’s discretion.
The on-call additive will begin when the employee is released from the work shift and actually goes “on-call.” An employee cannot receive the on-call additive while performing regularly scheduled or “normal work,” even if the work day is extended beyond the normal hours of work.
An employee shall continue to be compensated for the on-call additive in addition to any hours the employee is compensated for being called back to the work location to perform work activities.

(c) Hazardous Duties – An agency may approve this additive for specific positions when it can be demonstrated that the duties and responsibilities on the official position description of such positions require work activities that are exceptionally hazardous or dangerous and when performed could result in serious injury or death. Such duties and responsibilities shall not be customarily associated with all positions in the broadband level.

(d) Leadworker Duties – An agency may approve this additive for employees who are assigned limited supervisory responsibilities that include directing the work of employees having the same or similar duties in the same work unit. The duties may also include distributing work, maintaining a balanced workload among employees, keeping records, and defining work priorities. The duties do not include evaluating performance or administering disciplinary actions, and do not justify reclassification. The duties must be reflected on the official position description and in accordance with Chapter 60L-31, F.A.C.

(e) Temporary Special Duties – general – Subject to the request and approval requirements provided in Section 110.2035(7)(b), F.S., an agency may approve this additive when an employee has been assigned temporary duties and responsibilities not customarily assigned to the position. The Department’s review shall include the following: the duties being assigned the position; the additive amount; and compliance with the applicable collective bargaining agreement.

(f) Temporary Special Duties – absent coworker – Unless otherwise provided in the General Appropriations Act, an agency may approve this additive when the employee is assigned the duties and responsibilities of a coworker who is absent from work due to authorized FMLA or authorized military leave.

(g) Trainer Duties – An agency may approve this additive when an employee is assigned the responsibility to provide on-the-job training to other employees as part of an agency-approved formalized training program provided that such training is not part of the customarily assigned duties of the position.

(h) Competitive Area Differential –This additive is provided for specific positions with similar duties and responsibilities when it has been determined that recruitment, turnover, or competitive pay problems exist in a defined geographic region or county(ies).

(i) Critical Market Pay –This additive is agency specific and provided when pay for a position is substantially below the prevailing market rate, resulting in hiring and retention difficulties.

(3) Initial establishment or increases to existing levels of Competitive Area Differential or Critical Market Pay additives must be implemented in accordance with the provisions of Section 110.2035(7)(c), F.S.

(4) Employees filling certain career service and selected exempt service positions may be eligible for Criminal Justice Incentive Pay and Firefighter Supplemental Compensation as provided for in Sections 943.22 and 633.422, F.S., respectively.

History

Rulemaking Authority 110.1055, 110.201(1), 110.2035(7) FS. Law Implemented 110.2035 FS. History–New 1-22-02, Amended 4-3-03, 1-26-14.

Fla. Admin. Code R. 60L-32.0013 Reduction in Pay

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.

History

Rulemaking Authority 110.1055, 110.201(1), 110.403(1), 110.605(1) FS. Law Implemented 110.403, 110.603 FS. History–New 1-22-02, 1-26-14.

Fla. Admin. Code R. 60L-32.0014 Computation of Overtime

(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.

History

Rulemaking Authority 110.1055, 110.201(1) FS. Law Implemented 110.131(2), 110.2035 FS. History–New 1-26-14.

Fla. Admin. Code R. 60L-32.002 Computation of Hourly Rate of Pay

(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.

History

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. History–New 1-1-02, Amended 4-3-03, 1-26-14.

Fla. Admin. Code R. 60L-32.003 Dual Employment and Dual Compensation

(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.

History

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. History–New 1-6-02, Amended 1-26-14.

Fla. Admin. Code R. 60L-32.004 Perquisites

(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.

(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.

(4) By August 1 of each year, agencies in the executive branch shall report to the Department all perquisites, including dollar value, approved by the agency during the preceding fiscal year.

History

Rulemaking Authority 110.1055, 110.201(1)(a), 110.403(1), 110.605(1) FS. Law Implemented 216.262(1)(f), 216.262(1)(g) FS. History–New 1-6-02, 1-26-14.

Fla. Admin. Code R. 60L-32.005 Benefits

History

Rulemaking Authority 110.1055, 110.201(1), 110.403(1)(c), 110.605(1) FS. Law Implemented 110.403, 110.603 FS. History–New 1-1-02, Amended 4-3-03, 5-20-08, 1-26-14, Repealed 12-27-15.

Fla. Admin. Code R. 60L-32.006 Other Personal Services

(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.

History

Rulemaking Authority 110.1055, 110.201(1) FS. Law Implemented 110.131 FS. History–New 1-6-02.

Fla. Admin. Code R. 60L-32.007 Selected Exempt Service Extraordinary Payment Plan

History

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.

Fla. Admin. Code R. 60L-32.0071 Selected Exempt Service Extraordinary Payment Plan

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.

History

Rulemaking Authority 110.1055, 110.201(1), 110.602, 110.605(1), (2) FS. Law Implemented 110.201, 110.603 FS. History–New 10-8-12, Superseded by 60LER26-1, 4-28-26.

Chapter 60L-33 APPOINTMENTS AND STATUS

Fla. Admin. Code R. 60L-33.001 Scope

History

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.

Fla. Admin. Code R. 60L-33.002 General Principles

(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 established for the position, and required knowledge, skills, abilities, and other requirements the agency establishes for the position, unless the appointment is with trainee status in accordance with subsection 60L-33.003(3), F.A.C.

(3) Employees on military leave shall be treated as if they had been continuously employed for purposes of status, pay, and other benefits pursuant to the terms of the type of authorized leave they have been granted and in accordance with Title 38, United States Code, Chapter 43, the Uniformed Services Employment and Reemployment Rights Act (USERRA).

(4) The duties of a vacant position, or of a filled position when the incumbent is on an extended leave of absence, may be temporarily assigned to a current employee. During the temporary assignment of duties, the employee shall remain in and retain the status and benefits of their current position. In accordance with Chapter 60L-32, F.A.C., an agency may grant a selected exempt service or senior management service employee a temporary salary increase, or a career service employee the appropriate pay additive, while performing the duties of the other position. Such temporary increases and additives shall be removed when the employee ceases to perform the temporarily assigned duties. If a career service employee who is temporarily assigned the duties of another position is subsequently appointed to fill the position, time spent performing the temporary duties shall count toward the completion of the probationary period only if the employee performed all the duties of the position.

(5) Every career service employee not permanent in their current position shall serve at the pleasure of the agency head and shall be subject to any personnel action, including but not limited to suspension, dismissal, reduction in pay, demotion, lateral action or reassignment, at the discretion of the agency head. Except when taken with respect to a career service employees permanent in their current position, such personnel actions are exempt from the provisions of Section 110.227, and Chapter 120, F.S.

(6) Any employee appointed for less than full-time employment shall have the salary, leave credits and other benefits prorated based on the full-time equivalency (FTE) of the position. Health insurance benefits are not prorated if a position is .75 FTE or greater.

History

Rulemaking Authority 110.1055, 110.201(1), 110.2035(1), 110.2035(7) 110.217(1), 110.227(2), 110.403(1), 110.605(1) FS. Law Implemented 110.131, 110.201, 110.2035, 110.217, 110.227, 110.403, 110.605 FS. History–New 1-22-02, Amended 4-3-03, 1-26-14.

Fla. Admin. Code R. 60L-33.003 Status

(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, F.S.

(2) Probationary Status – indicates that a career service employee is serving a required probationary period of at least one year. While in probationary status the employee serves at the pleasure of the agency head and has no notice or appeal rights pursuant to Section 110.227, and Chapter 120, F.S.

(a) The probationary period may be extended at the discretion of the agency head or designee if there is a documented business reason for the extension. Probationary periods may not be extended for:

Employees on military leave. Time spent on any form of military leave shall count toward completion of the probationary period, and an employee on military leave may attain permanent status in the position while on such leave.
Employees on leave pursuant to the Family and Medical Leave Act (FMLA). If the probationary period expires while on such leave, the employee shall obtain permanent status in the current position. However, if there are time-limited conditions, tests or any other requirements in place prior to beginning FMLA leave that the employee is required to fulfill in order to maintain employment, the employee’s probationary period may be extended to allow the employee an opportunity to fulfill those requirements.

(b) The duration of a probationary period may not exceed 18 months.

(3) Trainee Status – An employee appointed to a position as a trainee shall be given trainee status in accordance with the trainee program developed by the agency. The program shall include an outline of the proposed pay schedule for the training period, including justification for the proposed schedule. An employee may not become permanent in a position while in trainee status. Time spent on trainee status shall not count toward completion of a probationary period.

(4) Permanent Status – Permanent status indicates that a career service employee has successfully completed the required probationary period and has attained notice and appeal rights pursuant to Section 110.227, F.S., in the current position. Permanent status is attained on a position-only basis and must be attained for each appointment in accordance with the provisions of this rule chapter. Part-time employees and employees filling shared employment positions attain permanent status in their current positions in the same manner as full-time employees.

(5) In the case of a legislatively mandated transfer, an employee retains the status held in the position prior to the time of transfer unless the legislature directs otherwise.

History

Rulemaking Authority 110.1055, 110.201(1), 110.217(1), 110.403(1), 110.503(2), 110.605(1) FS. Law Implemented 110.131, 110.213, 110.2135, 110.217, 110.403, 110.503, 110.605 FS. History–New 1-22-02, Amended 4-3-03, 1-26-14.

Fla. Admin. Code R. 60L-33.0031 Reinstatement

History

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.

Fla. Admin. Code R. 60L-33.00311 Appointments

(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 1,040 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.

(4) Employees performing duties pursuant to paragraphs (3)(a) and (b), shall be designated as overlapped in the State Personnel System’s human resource information system and shall receive the benefits, employee rights, appropriate appointment type and associated status of the position for which such employee is appointed to overlap. In addition, such employee may receive an increase in pay in accordance with Chapter 60L-32, F.A.C.

(5) An employee designated as overlapped with an employee on a leave of absence due to active military duty shall be returned to his or her former position or to a position with substantially similar duties and responsibilities as the former position upon the return of the employee from active military duty if such position is available.

(a) In such case, the employee shall resume the same status and the same rate of pay previously held in the former position, including any across-the-board pay increases that would have been granted under the former position during the assignment.

(b) A return to the former or comparable position and resumption of the former rate of pay shall not constitute a demotion action or reduction in pay for the purpose of Section 110.227, F.S.

History

Rulemaking Authority 110.1055, 110.201(1), 110.2035(1), 110.217(1), 110.403(1), 110.605(1) FS. Law Implemented 110.105, 110.2035, 110.217, 110.403, 110.605, 216.262 FS. History–New 1-26-14.

Fla. Admin. Code R. 60L-33.00312 Demotion Appointments

(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,

History

Rulemaking Authority 110.1055, 110.201(1), 110.217(1), 110.227(2) FS. Law Implemented 110.105, 110.217, 110.227 FS. History–New 1-26-14.

Fla. Admin. Code R. 60L-33.00313 Original Appointments

(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.

(2) Upon an original appointment, a career service employee shall be given probationary status.

(3) Upon an original appointment, a selected exempt service or senior management service employee shall be given exempt status.

History

Rulemaking Authority 110.1055, 110.201(1), 110.217(1), 110.403(1), 110.605(1) FS. Law Implemented 110.105, 110.201, 110.217, 110.403, 110.605 FS. History–New 1-26-14.

Fla. Admin. Code R. 60L-33.00314 Promotion Appointments

(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.

History

Rulemaking Authority 110.1055, 110.201(1), 110.217(1) FS. Law Implemented 110.105, 110.217 FS. History–New 1-26-14.

Fla. Admin. Code R. 60L-33.00315 Reassignment Appointments

(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

(2) Upon a reassignment appointment, the employee shall be given probationary status. If the reassignment appointment is in conjunction with a legislatively mandated transfer of the position, the employee retains the status held in the position unless the legislature directs otherwise.

History

Rulemaking Authority 110.1055, 110.201(1), 110.217(1) FS. Law Implemented 110.105, 110.217 FS. History–New 1-26-14.

Fla. Admin. Code R. 60L-33.00316 Lateral Action Appointments

(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.

History

Rulemaking Authority 110.1055, 110.201(1), 110.217(1) FS. Law Implemented 110.105, 110.217 FS. History–New 1-26-14.

Fla. Admin. Code R. 60L-33.00317 Reinstatement Appointments

(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.

(2) A selected exempt service or senior management service employee may be reinstated as provided in subsection (1), but shall be given an original appointment.

History

Rulemaking Authority 110.1055, 110.201(1), 110.217(1), 110.403(1), 110.605(1) FS. Law Implemented 110.105, 110.217, 110.403, 110.605 FS. History–New 1-26-14.

Fla. Admin. Code R. 60L-33.0032 Shared Employment

(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.

(3) Once a position is designated as a shared position, the agency shall not designate it as full-time unless it becomes vacant, the incumbent(s) is given a minimum of ninety calendar days notice, or the incumbent(s) agrees to the action in writing.

(4) Employees filling shared employment positions are subject to the provisions of the personnel rules governing part-time employees.

History

Rulemaking Authority 110.1055, 110.201(1), 110.21(5) FS. Law Implemented 110.201, 110.21 FS. History–New 1-1-02, Amended 4-3-03, 1-26-14.

Fla. Admin. Code R. 60L-33.0033 Appointment of Veterans

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.

History

Rulemaking Authority 110.1055, 110.201(1), 110.217(1) FS. Law Implemented 110.2135, 295.07, 295.08, 295.085 FS. History–New 1-1-02, Amended 4-3-03, 1-26-14, 2-15-23.

Fla. Admin. Code R. 60L-33.0034 Criteria for Executive Search Firms

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.

History

Rulemaking Authority 110.1055, 110.403(3)(c) FS. Law Implemented 110.105(1), 110.403 FS. History–New 1-8-02.

Fla. Admin. Code R. 60L-33.004 Layoff and Employee Transition

(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 this rule.

(2) Each agency shall have a Department-approved workforce transition plan. The goal of the plan is to ensure that the agency makes reasonable efforts to provide a smooth transition for the career service employees adversely affected by the layoff. The plan shall identify the steps the agency will take during the layoff to advance this goal. The following steps shall be included in any plan, unless the plan justifies in writing why they are not included:

(a) Appoint a workforce transition team responsible for overseeing and administering the layoff.

(b) Develop a communications plan, designed to ensure open, honest, and frequent communication regarding staffing changes. Provide clear avenues for employees to seek and obtain information and assistance. Address necessary communications with the Department, the Department of Commerce, and unions.

(c) Assess the positions to be deleted and the mission and goals of the residual program (that is, the program area that will remain after the deletion of functions and positions). Identify the employees and programs or services that will be affected by the layoff. Identify the knowledge, skills, and abilities that employees will need to carry out the residual program.

(d) Assess employees.

If the layoff affects law enforcement or correctional officers, firefighters, or professional health care providers, develop procedures to establish the relative merit and fitness of these employees. Include a formula for uniform application within a competitive area, taking into consideration the type of appointment, the length of service, and the evaluation of the employee’s performance within the last five years of employment. The Department may authorize selective competition within the competitive area, based upon specific qualifications deemed necessary for a position, if the duties and responsibilities requiring such qualifications are clearly reflected in the official position description on file with the agency.
If the layoff affects any other career service employee, develop assessment procedures on objective measures that include comparative merit, demonstrated skills, experience and length of service in the State Personnel System. In determining which employees to retain, consider which employees will best enable the agency to advance its mission; in this context, consider how each employee fares with respect to the following factors: commitment, cooperation, excellence, fairness, honesty/integrity, initiative, respect, and teamwork.

(3) A career service employee with permanent status in their current position facing layoff shall have an opportunity for first interview within any agency for a vacancy for which the employee is qualified and has applied.

(4) Before laying off a career service employee with permanent status in their current position, an agency shall provide the employee reasonable notice of the intended action. Where possible, the agency shall provide at least thirty days notice, and in all cases the agency shall provide at least ten days notice or, in lieu thereof, pay or a combination of notice and pay.

(5) The Department of Commerce through its existing programs shall make available placement assistance to affected agencies and employees.

(6) Agencies shall prepare and maintain a workforce transition spreadsheet of adversely affected employees and provide the spreadsheet to the Department and to the Department of Commerce to assist in the job placement of such employees.

(7) A layoff is not a disciplinary action therefore, it may not be appealed to the Public Employees Relations Commission.

History

Rulemaking Authority 110.1055, 110.201(1), 110.227(2) FS. Law Implemented 110.227 FS. History–New 1-1-02, Amended 4-3-03, 1-20-09, 1-26-14.

Fla. Admin. Code R. 60L-33.005 Other Personal Services Employment

(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.

(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.

(2) Each agency that employs OPS employees shall:

(a) Maintain employee records which shall include the name, hire date, the type of OPS employment, and the number of hours worked during the fiscal year.

(b) By June 30 of each year, review and document that the continuation of each OPS employment is necessary to the mission of the agency. This review does not apply to the OPS categories specifically exempt in Section 110.131(2)(c), F.S.

(c) By August 15 of each year, prepare and submit to the Executive Office of the Governor and to the chairs of the legislative appropriations committees a report for the previous fiscal year which includes the total number of OPS employees employed during the period, the type of OPS employment, the total number of hours worked by each employee, and average rate of pay for each employee during the fiscal year.

History

Rulemaking Authority 110.1055 FS. Law Implemented 110.105, 110.131, 110.123, 110.1315, 110.171, 112.215, 440.02(15)(a), 443.091 FS. History–New 1-1-02, Amended 1-26-14.

Fla. Admin. Code R. 60L-33.006 Volunteers

(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.

History

Rulemaking Authority 110.1055, 110.201(1), 110.503(2) FS. Law Implemented 110.503 FS. History–New 1-1-02.

Fla. Admin. Code R. 60L-33.0065 Separations

(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:

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.
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.
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).
Retirement – this reason shall be used when the employee retires under a state pension plan or completes their Deferred Retirement Option Program (DROP) participation.
End of Appointment Period – this reason shall be used when the agency separates an employee at the end of a time-limited appointment.
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.
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.

(b) Involuntary Separations:

Failed Probationary Period – this reason shall be used when the agency dismisses the career service employee for failure to successfully complete the required probationary period for the position.
Layoff – this reason shall be used when the agency separates a career service employee due to a shortage of funds or work, or a material change in the duties or organization of an agency, including the outsourcing or privatization of an activity or function.
Dismissal – this reason shall be used when the agency dismisses a career service employee pursuant to Section 110.227, F.S., or when the agency dismisses a selected exempt service or senior management service employee pursuant to Sections 110.604 and 110.403, F.S.
Death of the Employee – this reason shall be used when the agency separates an employee due to the employee’s death.
Death of Employee in the Line of Duty – this reason shall be used when the agency separates an employee due to death arising out of and in the actual performance of duties required by the employee’s position.
Legislative Directed Transfer – this reason shall be used when the agency separates an employee due to a legislatively mandated action resulting in the employee moving to another State Personnel System agency.
Dismissal-Employee also Retires – this reason shall be used when the agency dismisses a career service employee pursuant to Section 110.227, F.S., or when the agency dismisses a selected exempt service or senior management service employee pursuant to Sections 110.604 and 110.403, F.S., and the employee also retires from the Florida Retirement System.

History

Rulemaking Authority 110.1055(1), 110.201(1), 110.227(2)(a), 110.403(1), 110.605(1) FS. Law Implemented 110.105, 110.227, 110.403, 110.604 FS. History–New 1-26-14.

Fla. Admin. Code R. 60L-33.007 Equal Employment Opportunity and Affirmative Action

History

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.

Chapter 60L-34 ATTENDANCE AND LEAVE

Fla. Admin. Code R. 60L-34.001 Scope and Purpose

History

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.

Fla. Admin. Code R. 60L-34.002 General Agency Responsibilities

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 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.

History

Specific Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.219 FS. History–New 1-22-02.

Fla. Admin. Code R. 60L-34.003 Work Schedules

(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.

History

Specific Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.219 FS. History–New 1-1-02.

Fla. Admin. Code R. 60L-34.0031 Regular Time and Overtime

(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.

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.
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.

(5) Unless otherwise provided in an applicable collective bargaining agreement, when a Career Service employee is on-call pursuant to Chapter 60L-32, F.A.C., and is called back to the assigned or other designated work location beyond the employee’s scheduled hours of work for that day, the employee shall be credited with actual time worked or a minimum of two hours of work, whichever is greater. Only the actual time worked during the call back shall be counted as hours worked for the purposes of computing overtime compensation.

History

Rulemaking Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.219 FS. History–New 1-22-02, Amended 11-5-13.

Fla. Admin. Code R. 60L-34.0032 Holidays

(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 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.

(4) For career service employees, for any holiday (excluding the personal holiday) observed during the workweek, approved extended work period, or regular work period for excluded employees, agencies shall credit the holiday by granting special compensatory leave credits on an hour-for-hour basis for those hours that are not necessary to bring the employee’s rate of pay up to the normal rate of pay for the workweek, approved extended work period, or regular work period for excluded employees.

History

Rulemaking Authority 110.201, 110.219(5) FS. Law Implemented 110.219, 110.117 FS. History–New 1-22-02.

Fla. Admin. Code R. 60L-34.004 General Requirements for Leave Earning, Approval, and Use

(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 absence, with or without pay, shall be an employee of the state while on leave. Upon termination of the approved leave of absence, the employee shall be returned to the same position or a different position in the same class and same work location, unless the agency and the employee agree in writing to other terms and conditions governing the grant of leave.

(3) Regardless of the amount of leave originally approved, including administrative leave, the employee will only be charged with or granted the amount of leave necessary to bring the employee to a forty-hour workweek, the regular hours for an approved extended work period, or regular work period for excluded employees.

(4) Approved leave may be taken only in increments of fifteen minutes or more, rounded to the nearest quarter hour.

(5) The use of paid leave shall not be authorized and taken before the time it is earned.

(6) For career service employees, leave shall be credited to the employee at the close of business on the last day of the pay period, or, in the case of separation, on the last day the employee is on the payroll. For senior management service and selected exempt service employees, leave shall be credited upon the first appointment to either of the pay plans and upon the annual anniversary date of that first appointment.

(7) If an employee moves from one agency to another within thirty-one days, the receiving agency shall pay the number of hours worked plus any approved leave with pay and any holiday falling after the employee’s last day with the exiting agency.

(8) Extra hours may be offset to avoid overtime at the end of the workweek, approved extended work period, or, for excluded employees, regular work period; provided, the offset shall be made within these designated work periods.

(9) Each agency shall keep an accurate record of all hours of work performed by each (a) included employee and (b) excluded career service employee. Agencies may keep records of work performed by other employees for business reasons, e.g., federal funding, cost accounting, etc. All hours worked must be totaled at the end of the workday and the total shall be rounded to the nearest quarter of an hour.

(10) Each agency shall keep an accurate record of all authorized leaves of absence.

(11) DROP participants shall accrue leave in the same manner and at the same rate as prior to entering the DROP.

(12) An employee approved to be paid from more than one career service position in two or more agencies shall be considered to have a separate employment for each position filled. A separate leave accrual, earning, and use account shall be established for each separate employment.

(13) Within the first thirty-one calendar days of the commencement of each term of office, an elected officer or any full-time board or commission member who has a salary fixed by the Legislature shall have the option to receive credit for annual and sick leave in accordance with this rule; provided, if the person opts to receive leave credits, the person shall be subject to the provisions of this Chapter 60L-34, F.A.C., that apply to members of the senior management service.

History

Specific Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.219 FS. History–New 1-22-02.

Fla. Admin. Code R. 60L-34.0041 Annual Leave

(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

17 through 32.99

1.25

1.5

33 through 47.99

2.5

48 through 63.99

3.75

4.5

64 or more

Monthly Pay Period

Number of Hours Actually Worked

0 to 5 Years

5 to 10 Years

Over 10 Years

Less than 36

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

(3) Upon reasonable notice, an agency may require an employee to use accrued annual leave.

(4)(a) At the close of business on December 31 of each calendar year, a career service employee’s annual leave balance in excess of 240 hours shall be transferred to sick leave on an hour-for-hour basis. In accordance with an agency-wide plan, the employee may carry-over up to 360 hours of annual leave credits past December 31. For senior management service and selected exempt service employees, at the close of business on the day before the member’s anniversary date, all annual leave credits in excess of 480 hours shall be converted to sick leave on an hour-for-hour basis.

(b) Each December, a permanent career service employee shall be entitled, subject to the available funds, to a payout of up to twenty-four hours of unused annual leave provided:

After the payout, the employee’s annual leave balance is at least twenty-four hours.
The cumulative payout shall not exceed the lifetime maximum described in paragraph 60L-34.0041(6)(a), F.A.C.

(5)(a) If an employee moves into the State Personnel System from another state government employer, the receiving agency shall credit all annual leave not paid for at the time of the transfer.

(b) If an employee moves from one position in the State Personnel System to another position in the State Personnel System in a different agency within thirty-one days, the receiving agency shall credit the employee’s unused annual leave.

(c) If an employee moves from a position in the State Personnel System to a position outside the State Personnel System, the agency shall either transfer unused annual leave credits to the system into which the employee is transferring, or, if the new system will not accept the credits, pay for the credits subject to subsection 60L-34.0041(6), F.A.C. For either transfer or payment, current year credits shall be prorated.

(6)(a) A career service employee who separates from state government with twelve continuous months of service shall be paid for unused annual leave, up to a lifetime maximum of 240 hours. With respect to leave payments received at the time of separation, agencies shall only include payments for separations occurring after December 31, 2001 in the calculation of the lifetime maximum. In case of death of an employee, the 240-hour limit shall not apply and all unused annual leave at the time of death shall be paid to the employee’s beneficiary, estate, or as provided by law.

(b) A senior management service or selected exempt service employee who separates from state government shall be paid for unused annual leave up to a maximum of 480 hours, with the current year’s accrual prorated. In case of death of an employee, the 480-hour limit shall not apply and all unused annual leave at the time of death shall be paid to the employee’s beneficiary, estate, or as provided by law.

(c) An employee with twelve months of service, who is being laid off, shall be paid for all unused annual leave in accordance with this section, unless the employee requests in writing that the annual leave be retained up to a maximum of one year, pending reemployment.

If the employee is not reemployed within one year, unused annual leave held in abeyance shall be paid for in accordance with this section.
If the employee is reemployed within one year, annual leave credits shall be restored if the employee so requests in writing and repays the full amount of any lump-sum payment received for accumulated annual leave credits.

(d) An employee electing to participate in DROP may request payment for accrued annual leave at the time of entry into DROP; alternatively, the employee may elect to defer payment until separation from service. If an employee elects immediate payment, then upon separation from service the employee shall be eligible for accrued annual leave payment only to the extent the employee has earned additional annual leave, which combined with the original payment does not exceed the applicable maximum amount specified in paragraph (a) or (b) of this subsection 60L-34.0041(6), F.A.C.

(7)(a) Annual leave credits may be transferred to or from current legal spouses within the State Personnel System and other Executive Branch agencies within one year following a documented birth, which shall have the meaning of the defined term set forth in section 382.002(12), F.S., or adoption of an employee’s child. Annual leave may only be transferred for an employee’s:

Absences, as documented by the treating physician, for recovery or medical complications not covered by the recovery period provided in paragraph 60L-34.00421(3)(a), F.A.C.; and
Absences for care and bonding with the child, documented in accordance with paragraph 60L-34.00421(3)(b), F.A.C.

(b) An employee may receive annual leave credits under this subsection provided the employee has used all eligible paid parental leave benefits under subsection 60L-34.00421(3), F.A.C., all sick leave accrued under subsections 60L-34.0042(1) and (2), F.A.C., and all types of compensatory leave.

(c) For purposes of this subsection, Executive Branch agency is defined as those entities specified in Chapter 20, F.S.: Executive Branch Organizational Structure.

(d) Transfer of annual leave credits to or from employees of Executive Branch agencies outside of the State Personnel System is contingent on the transfer rules of the applicable agency.

History

Rulemaking Authority 110.1055, 110.1522, 110.201, 110.219(5), 110.403, 110.605, FS. Law Implemented 110.219, 121.091(13) FS. History–New 1-22-02, Amended 12-21-10, 12-11-23.

Fla. Admin. Code R. 60L-34.00421 Paid Parental Leave Following the Birth or Adoption of a Child

(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.

(4) To qualify for paid parental leave benefits under subsection (3) of this rule, an employee shall have within the State Personnel System:

(a) At least one year of cumulative service within the last seven years; and

(b) A minimum of 1,250 hours worked in the 12-month period preceding the first date of leave.

(c) Part-time employees must meet the requirements of this subsection to qualify. If qualified, the benefit will be prorated based on the number of regularly scheduled hours of work in the workweek or work period.

History

Rulemaking Authority 110.1055,110.1552, 110.201, 110.219(5, 110.403, 110.605 FS. Law Implemented 110.1522, 110.219, 110.403, 110.605 FS. History–New 12-11-23.

Fla. Admin. Code R. 60L-34.0042 Sick Leave

(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

17 through 32.99

33 through 47.99

48 through 63.99

64 or more

Monthly Pay Period

Number of Hours Actually Worked

Hours of Sick Leave Credit

Less than 36

36 through 70.99

2.167

71 through 103.99

4.333

104 through 138.99

6.500

139 or more

8.667

(3) Sick leave shall be authorized for the following purposes:

(a) The employee’s personal illness, injury, or exposure to a contagious disease that would endanger others. Personal illness shall include disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.

(b) The employee’s personal appointments with a doctor, dentist, or other recognized practitioner.

(c) Illness, injury, or well-care check-ups of the employee’s spouse, the children or parents of the employee or the spouse, or a person for whom the employee or the spouse has a caretaker responsibility, when the employee’s presence is necessary. Each agency shall establish an agency-wide definition of “caretaker.”

(d) Care and bonding within one year following a documented birth or adoption of the employee’s child. The documentation provided shall be in accordance with paragraph 60L-34.00421(3)(b), F.A.C. Leave used for care and bonding in accordance with this rule and paid parental leave in accordance with subsection 60L-34.00421(3), F.A.C., cannot exceed a combined total of 16 weeks.

(4) Upon request, an employee may use accrued sick leave credits subject to the following:

(a) An employee may use sick leave only for authorized purposes. Unauthorized use may be revealed by a pattern of absence by an employee, for example, consistent absence on the day before or after the employee’s regular days off, or absence on the same day of each week or each month.

(b) After three workdays or partial workdays of absence in any thirty-day period, the agency may require medical verification of any further absence(s) due to illness or injury.

(c) After ten consecutive days of absence, the agency shall require the employee to submit medical verification from the attending physician before authorizing additional use of sick leave credits or leave without pay. If absence continues, the agency shall require, as appropriate, further medical verification for each thirty consecutive days of absence. To justify further sick leave, the medical verification must indicate that the employee is unable to perform regularly assigned duties.

(d) If an employee’s medical verification is not acceptable, the agency may require the employee to submit to a medical examination, at the agency’s expense, before approving further use of sick leave.

(e) An employee who refuses to comply with these rules shall not be eligible to use accrued sick leave credits, and the agency shall take the appropriate action regarding continued employment, based on the available information.

(5) An agency may establish a formal sick leave transfer plan, which allows an employee to donate personal sick leave credits to another employee.

(a) The plan may limit the transfer of sick leave credits within the agency only, or allow for inter-agency transfers, provided that inter-agency transfers shall allow for both the receipt of and donation of sick leave credits. The same plan provisions and restrictions shall apply to transfers within the agency and inter-agency transfers.

(b) A plan that allows inter-agency transfers shall ensure that all requests to donate from within the agency are identified and processed before donations from other agencies are considered, except for transfer by the receiving employee’s spouse and the parents, grandparents, brothers, sisters, children, and grandchildren of both the employee and the spouse.

(c) Participation in the plan shall at all times be voluntary on the part of the donating employee and the receiving employee.

(d) An employee may participate in the plan by voluntarily transferring sick leave credits, provided that a minimum of eighty hours of sick leave credits remain in the employee’s account following execution of the sick leave credit transfer. The minimum transfer amount for each transaction shall be eight hours. The employee cannot cancel the donation once the agency completes the transfer.

(e) To be eligible to receive sick leave credits under the plan, an employee must meet the following conditions:

The employee has used all accrued sick and annual leave and all types of earned compensatory leave.
The employee has suffered a documented illness, accident or injury, and requires, as certified by the treating physician, absence from the workplace for a minimum of five consecutive workdays. Unless waived by the employing agency, transferred sick leave credits shall be used for absences associated with such documented conditions beginning with the sixth missed workday or partial workday or on the first day the employee has exhausted all leave credits, whichever is later. Donated leave may be used consecutively, intermittently or in increments of a quarter hour, as needed.
The employee is not eligible for disability leave.
The employee has not used more than 1,040 hours of transferred sick leave credits in the preceding twelve-month period.

(f) When transferring sick leave credits, the agency shall credit the employee with only the amount of sick leave needed to bring the employee’s total number of compensable hours up to the minimum number of hours for the pay period.

(g) All credits donated under the plan shall be credited to the receiving employee on a first in, first out basis. Upon documented cessation of the qualifying illness, accident or injury, any unused transferred sick leave credits shall be returned to those employees whose donated sick leave credits have not yet been drawn upon under the first-in, first-out method.

(h) Transferred sick leave credits shall have no terminal value.

(6) An agency may establish sick leave pools, subject to the following:

(a) The agency shall determine the number of pools to establish, if any, and the employees who will be eligible to participate in each pool. The agency shall designate an administrator responsible for administering each pool, and shall appoint at least three employees participating in the pool to serve as a committee. The administrator shall meet with the committee and act as liaison with the appropriate agency personnel office to review a participating employee’s individual sick leave account. Each committee shall establish internal procedures that shall include, but not be limited to, the following:

The enrollment of participating employees in the sick leave pool.
Application for use of sick leave credits from the pool.
Initial and subsequent deductions from participating employee’s sick leave accounts.

(b) Participation in a pool shall at all times be voluntary. An employee may participate in a pool after completing one year of employment with the state, provided that the employee has accumulated at least sixty-four hours of sick leave. Each full-time participating employee shall contribute eight hours of sick leave in the first month of eligibility, and thereafter, each full-time participant shall contribute eight hours each time the pool is depleted. A part-time employee shall contribute sick leave on a pro-rata basis in the first month of eligibility and each time the pool is depleted.

The number of hours to be deposited in the pool to activate the pool for use by eligible employees.
The maximum number of hours in the pool that any one employee may use.
The number of hours that will constitute depletion of the pool and require further contribution by participating employees.

a. At the time the pool is depleted, if a participating full-time employee’s individual sick leave balance is less than eight hours, or a part-time participant’s balance is less than the pro-rated amount, the employee shall contribute all hours accumulated, and shall contribute the remainder as soon as additional sick leave credits have been accrued. The employee shall not use sick leave credits until the amount owed to the pool has been contributed.

b. When a participating employee repeatedly fails to have a sufficient balance of individual sick leave credits to contribute to the pool, the administrator shall investigate the reasons and the committee, by majority vote, shall determine whether to cancel the employee’s membership in the pool.

(d) At the time of retirement or separation from the State Personnel System, a participating employee may “donate” to a pool up to sixteen hours of unused or unpaid sick leave from the employee’s individual sick leave balance.

(7) Sick leave credits may be transferred to or from employees within the State Personnel System and other Executive Branch agencies within one year following a documented birth or adoption of an employee’s child for care and bonding. The documentation provided shall be in accordance with paragraph 60L-34.00421(3)(b), F.A.C.

(a) The following requirements apply to an employee receiving sick leave credits under this subsection:

The employee has used all eligible paid parental leave benefits under subsection 60L-34.00421(3), F.A.C., all sick leave accrued under subsections 60L-34.0042(1) and (2), F.A.C., and all types of compensatory leave; and
Sick leave credits used in accordance with this subsection are subject to the limitations in paragraph (3)(d) and subparagraph (5)(e)4.

(b) For purposes of this subsection, Executive Branch agency is defined as those entities specified in Chapter 20, F.S.: Executive Branch Organizational Structure.

(c) Transfer of sick leave credits to and from employees of Executive Branch agencies outside of the State Personnel System is contingent on the transfer rules of the applicable agency.

(8) The following provisions govern the retention and transfer of sick leave credits.

(a) Credits shall be transferred within the State Personnel System, and may be transferred to another state government employer, depending upon whether the receiving plan accepts the employee’s leave credits. If the receiving employer does not accept the credits, the employee shall be paid for the credits if eligible under Section 110.122(1), F.S.; otherwise, the credits shall expire.

(b) If an employee is laid off, the following provisions govern accrued sick leave credits.

If the employee has ten years or more of creditable state service and is otherwise eligible for receipt of sick leave payment pursuant to this rule, the agency shall pay for the credits at the time of layoff, unless the employee requests in writing that the agency hold the credits in abeyance pending reemployment within one year.
If the employee is reemployed within one year following layoff, an agency shall restore the credits to the employee, provided the employee requests restoration in writing and returns the full amount of any payment received at time of layoff for the credits.
If the employee is not eligible for receipt of sick leave payment at the time of layoff, the agency shall hold the credits in abeyance and, if the employee is reemployed within one year following layoff, shall credit them to the employee upon reemployment.

History

Rulemaking Authority 110.1055, 110.1522, 110.201, 110.219(5), 110.403, 110.605 FS. Law Implemented 110.121, 110.122, 110.219 FS. History–New 1-1-02, Amended 12-11-23.

Fla. Admin. Code R. 60L-34.0043 Regular Compensatory Leave

(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 may accrue more than 240 hours.

(2) Agencies shall make reasonable efforts to allow employees to use regular compensatory leave credits. An agency may require an employee to use the credits.

(3) Leave credits shall not transfer to another agency or pay plan. Unused credits shall be forfeited upon separation from the agency or the pay plan.

(4) If an employee is laid off, the agency shall hold the credits in abeyance and, if the employee is reemployed within one year following layoff, shall credit them to the employee upon reemployment.

(5) An agency may propose for Department approval a fiscally sound agency-wide plan for the payment on an hour-for-hour basis of unused regular compensatory leave credits, subject to the following.

(a) No cash payments shall be made for any regular compensatory leave credits earned prior to the effective date of the plan.

(b) Payment shall be made at the employee’s straight time regular hourly rate of pay.

(c) Payment shall be made in a lump sum, and may be made annually or at more frequent intervals as determined by the agency.

(d) An employee who becomes ineligible, or is otherwise not covered by the agency’s plan, shall at that time be paid for the appropriate balance.

History

Rulemaking Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.219 FS. History–New 1-1-02, Amended 11-5-13.

Fla. Admin. Code R. 60L-34.0044 Special Compensatory Leave

(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 not transfer to another agency or pay plan. Upon the employee’s transfer to another agency or pay plan, 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.

(3) Upon prior notice, an agency may compel the use of all or part of an employee’s accumulated special compensatory leave credits based on agency needs, provided such usage requirement is in accordance with any collective bargaining agreement provisions. An agency may also require an employee to use accumulated special compensatory leave credits prior to approving an employee’s request to use other types of approved leave, with the exception of sick leave, administrative leave, FLSA compensatory leave and the personal holiday.

(4) Unused special compensatory leave credits for a Career Service employee who is laid off shall be paid in lump-sum, based on the employee’s current regular hourly rate of pay at the time of layoff, unless otherwise provided in an applicable collective bargaining agreement.

(5) At the time of entry into the DROP, an employee electing to participate in the program may request payment of unused special compensatory leave that was earned within eleven months before entry into the DROP, unless otherwise provided in an applicable collective bargaining agreement.

History

Rulemaking Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.219 FS. History–New 1-1-02, Amended 11-5-13.

Fla. Admin. Code R. 60L-34.0051 Family Supportive Work Program

(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 family needs, provided that work can be accomplished in an effective and efficient manner.

(3) Agencies may approve job sharing to assist employees in meeting family needs, subject to Rule 60L-33.0032, F.A.C.

(4) Agencies shall approve absences for parental or family medical leave purposes as authorized in section 110.221, F.S., to assist employees in meeting family needs, subject to the following:

(a) Within one year following birth or adoption of a child, leave shall be granted for up to six months for the parent;

(b) Leave shall be granted for up to six months for a family member’s serious health condition, as defined in the FMLA and implementing regulations; and

(c) The agency shall acknowledge to the employee in writing the period of leave to be granted and the date the employee will return to duty.

(5) Agencies shall approve up to thirty calendar days family leave for non-medical family responsibilities, provided that the leave has minimal impact on the employee’s work unit. Family responsibilities in this area may include, but are not limited to, the following:

(a) Caring for aging parents.

(b) Involvement in settling parents’ estate upon their death.

(d) Visiting family members in places that require extensive travel time.

(6) An employee granted leave under paragraph (4)(b) or subsection (5) of this rule, may request to use accrued leave subject to the provisions contained in Chapter 60L-34, F.A.C.

(7) An employee granted leave under paragraph (4)(a) of this rule may request to use:

(a) Accrued leave subject to the provisions contained in Chapter 60L-34, F.A.C.;

(b) Paid parental leave in accordance with Rule 60L-34.00421, F.A.C.;

(d) Sick leave credits transferred in accordance with subsection 60L-34.0042(7), F.A.C.

(8) An agency may place an employee on leave without pay if the employee is granted leave for purposes under subsections (4) or (5) of this rule and the employee does not request the use of specific leave type(s).

(9) Agencies may approve up to one hour of administrative leave per month for employees to participate in their child’s activities at local schools and child care centers.

History

Rulemaking Authority 110.1055, 110.1522, 110.219(5)(g), (h), 110.403, 110.605 FS. Law Implemented 110.1522, 110.219(5)(g), (h), 110.221 FS. History–New 1-1-02, Amended 12-11-23.

Fla. Admin. Code R. 60L-34.0052 Leaves of Absence Without Pay

(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 intermittent leave credits to maintain state benefits.

(2) In exceptional cases, leave without pay may be extended if approved by the Department.

(3) In determining excessive absenteeism, an agency may consider leave without pay when taken due to the exhaustion of other types of paid leave or when unscheduled.

(4) An employee on leave without pay shall not earn leave credits, unless authorized by law.

History

Specific Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.219 FS. History–New 1-1-02.

Fla. Admin. Code R. 60L-34.0061 Disability Leave

(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 leave, beginning immediately following the onset of the injury. This leave may be used intermittently to cover appointments to health care providers, physical therapy, and similar activities provided that these activities are directly related to the employee’s Workers’ Compensation injury. An employee who returns to work and has exhausted the forty hours of disability leave will, upon presentation of written confirmation from the authorized physician, be granted additional disability leave not to exceed forty-eight hours for follow-up examinations or treatment required by the authorized treating physician for a particular injury.

(b) If, as a result of the job-connected injury, the employee is unable to resume work at the end of the forty-hour period provided in paragraph (a), the employee may continue on full-pay status while covered by Workers’ Compensation as follows. Continuing on full-pay status means receiving the salary being received before the disability. In no case shall the employee’s salary and Workers’ Compensation benefits exceed the amount of the employee’s regular salary payments:

The employee may elect to use accrued sick, compensatory, or annual leave in an amount necessary to achieve full-pay status. The employee’s annual hourly rate (annual salary/2,080) shall be used to determine the number of leave hours needed to supplement the Workers’ Compensation payments.
If the employee elects not to use accrued leave, or after the employee has exhausted all earned leave in accordance with subparagraph 1. above, the employee shall be placed on leave without pay and shall revert to normal Workers’ Compensation benefits; provided, however, that the agency may petition the Department to continue the employee on full-pay status as follows:

a. The petition shall include a medical report that gives a current diagnosis of the employee’s physical condition and a prognosis regarding recovery and ability to return to work.

b. The petition shall describe (i) the type and extent of the injury, (ii) the circumstances of the injury, and (iii) the nature of the employee’s duties. The petition shall explain why, in light of the foregoing, it is in the best interest of the state to continue the employee at full-pay status.

(d) The following provisions apply when an employee on disability leave returns to alternate duty:

When the Division of Risk Management of the Department of Insurance has determined that an employee is entitled to receive a temporary partial disability benefit pursuant to Section 440.15, F.S., and there is medical certification that the employee cannot perform the duties of the employee’s regular position, but the employee can perform some type of work beneficial to the agency, the agency, if appropriate, will return the employee to the payroll at regular rate of pay to perform such duties as the employee is capable of performing even if there is not an established position in which the employee can be placed.
If an agency returns an employee to alternate duty, the agency shall advise the employee in writing of the alternate duties to be performed, hours of work, and the expected length of time of the alternate assignment. The agency shall review the employee’s performance at least quarterly. The agency shall maintain appropriate records of affected employees.
When the employee becomes able to perform regular position duties, the agency shall reassign the duties accordingly and return the employee to regular position. In no event shall the employee be allowed to continue performing the alternate duties once maximum medical improvement has been determined by the Division of Risk Management unless appointed to the position as provided in Chapter 60L-33, F.A.C. The agency shall maintain appropriate records of employees removed from alternate duty.

(2) The following provisions govern compulsory disability leave:

(a) An agency with reason to believe that an employee is unable to perform assigned duties, or is otherwise interfering with the operations of the work unit, due to physical or mental illness or injury, shall request a report from the employee’s doctor (including psychologist) concerning the employee’s abilities or require the employee to submit to an examination by a doctor selected and paid for by the agency. The agency may place the employee on compulsory disability leave pending the doctor’s report. If the examination confirms that the employee is unable to perform assigned duties, the agency shall continue or place the employee on compulsory disability leave or take action to remove the employee from the position, including dismissal. The employee shall be notified in writing of the duration of the disability leave and the conditions under which the employee will be allowed to return to employment.

(b) The employee may elect to use earned leave to cover the period of disability. If the employee does not have sufficient leave credits to cover the disability leave, or elects not to use leave credits, the leave shall be without pay.

(c) If the employee remains unable to perform at the end of an approved leave, the agency, based on a current doctor’s certification, shall either request the employee’s resignation for reasons of inability to perform assigned duties, or dismiss the employee for cause based on inability to perform assigned duties.

(d) If the employee refuses to submit to the doctor’s examination, the agency shall decide based on the available information whether to request the employee’s resignation for reasons of inability to perform assigned duties, or dismiss the employee for cause based on inability to perform assigned duties.

(e) In taking action with respect to compulsory disability, an agency shall ensure that it complies with the requirements of applicable federal and state laws.

History

Specific Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.219, 216.251 FS. History–New 1-22-02.

Fla. Admin. Code R. 60L-34.0062 Military Leave

(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 who volunteers for active military service shall be granted leave beginning with the date of induction and ending up to one year after the date of separation from the military service or from hospitalization continuing after discharge. Active military service includes active duty with any branch of the United States Army, Navy, Air Force, Marines, or Coast Guard, of the National Guard of the State, or of any other service as provided in Sections 115.08 and 115.09, F.S. The leave of absence shall be verified by official orders or appropriate military certification, which shall be filed in the employee’s personnel file.

(2) An employee, who is a commissioned reserve officer or reserve enlisted personnel in the United States military or naval service or a member of the National Guard, shall be granted leave in accordance with Section 115.07, F.S.

(3) An employee, who is a member of the Florida National Guard, shall be granted leave in accordance with Section 250.48, F.S.

(4) An employee, except an employee employed in a temporary position or employed on a temporary basis, who is a commissioned reserve officer or reserve enlisted personnel in the United States military or naval service or member of the National Guard, who is ordered to active military duty under Title 10 of the United States Code, Section 673b, shall be granted leave beginning with the day ordered to duty and ending up to thirty-one days after the date of release from the military service or from hospitalization continuing after discharge. Active military service includes active duty with any branch of the United States Army, Navy, Air Force, Marines, or Coast Guard, of the National Guard of the State, or of any other service as provided in Sections 115.08 and 115.09, F.S. The leave of absence shall be verified by official orders or appropriate military certification, which shall be filed in the employee’s personnel file.

History

Specific Authority 110.201, 110.219(5) FS. Law Implemented 110.219, 115.07, 115.14, 250.48, 295.09 FS. History–New 1-1-02.

Fla. Admin. Code R. 60L-34.0071 Administrative Leave

(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 work in the workweek, the number of approved hours in the extended work period, or the number of hours in the work period. In no case shall the approval of administrative leave cause the employee to exceed forty hours during the workweek, hours in an approved extended work period, or hours in the regular work period for excluded employees.

(3) An agency shall comply with the following provisions when granting administrative leave for the reasons described.

(a) Jury Duty:

An employee who is summoned as a member of a jury panel shall be granted administrative leave with pay for hours required for such duty not to exceed the number of hours in the employee’s normal workday; however, if the jury duty does not require absence for the entire workday, the employee shall return to duty immediately upon release by the court. If the employee’s court attendance does not coincide with the employee’s regular work schedule, the employee shall be granted administrative leave based on the total hours served on jury duty, not to exceed the number of hours in the employee’s regular workday. Such leave shall be granted on the next scheduled work shift following each day the employee is in court. Jury fees shall be retained by the employee.

(b) Witness:

An employee subpoenaed as a witness, or to give a deposition, in a court or an administrative hearing, not involving personal litigation or service as a paid expert witness shall be granted administrative leave with pay, and witness fees shall be retained by the employee.
An employee subpoenaed in the line of duty to represent a state agency as a witness or defendant shall not be granted administrative leave, and appearance in such cases shall be considered a part of the employee’s job assignment. The employee shall be paid per diem and travel expenses and shall be required to turn over to the agency any fees received from the court.
In no case shall administrative leave with pay be granted for court attendance when an employee is engaged in personal litigation or service as a paid expert witness.

An employee who is ordered to appear for an examination for entrance into the military service shall be granted leave with pay for this purpose on the day of the examination.

(d) Death in family:

An employee, upon request, shall be granted two days of administrative leave with pay on the death of the employee’s spouse and on the death of the parents, grandparents, brothers, sisters, children, and grandchildren of either the employee or the spouse.
Each employee requesting administrative leave due to death in the family shall submit a statement to the appropriate authority stating the name of, and relationship to, the deceased.

(e) Closing facilities under emergency conditions:

When offices are closed pursuant to Executive Order of the Governor:

a. Employees assigned to the facilities the agency has closed shall be released from duty and granted administrative leave for the period the facility is closed, unless and except for those employees the agency determines are necessary for providing essential services. Those employees whom the agency requires to report for duty to provide essential services shall be granted special compensatory leave credits for the hours worked during the period the facility is closed only if they hold a position below that of bureau chief (or bureau chief comparable as defined in Section 20.04(3)(b), F.S.).

b. An employee who is on a prior approved leave of absence or scheduled holiday during an emergency shall not have the leave of absence changed to administrative leave.

c. If the Executive Order issued by the Governor does not specify an ending time and date, the agency’s authority under this subsection shall be limited to two consecutive calendar days. Any action beyond two days shall require approval by the Department.

Other:

In any other disaster or emergency condition that may necessitate the closing of facilities in an area, the agency shall have the authority and responsibility to determine whether agency offices or facilities, or any portion thereof, are affected by the emergency and are to be closed. The Department must approve the closing of any agency facility or portion thereof for more than two consecutive work days. The Department must approve the closing of any Department-operated state facility. In such cases, employees’ attendance and leave shall be handled as prescribed in subparagraph (e)1., above.

(f) Formal investigation:

An employee under formal investigation by an agency for violation of a rule or statute for which dismissal is a penalty, shall temporarily be assigned other duties if deemed advisable by the agency, or placed on administrative leave if the employee’s absence from the work location is essential to the investigation. The agency shall report in writing to the Department whenever it grants such leave.

(g) Elections:

Any employee may be granted up to one hour of leave with pay for the purpose of voting during normal working hours. An employee shall not be granted administrative leave to work at the polls during elections.

(h) Examinations and interviews:

An employee may be granted up to two hours of leave with pay for the purpose of taking examinations before a state agency, provided such examinations are pertinent to state employment or for the purpose of having interviews for positions within the State Personnel System.

(i) Mentoring:

Each employee may be granted up to one hour of administrative leave per week, not to exceed five hours per calendar month, to participate in the Governor’s Mentoring Initiative, including the following school or community voluntary activities:

a. Mentoring, tutoring, guest speaking and, when participating in an established mentoring program serving a school district, providing any related services at the direction of the program or volunteer coordinator.

b. Participating in community service programs that meet child, elder, or human needs, including Guardian Ad Litem, Big-Brother/Big Sister, Senior Corps, and Adult Literacy.

The supervisor may approve the aggregated use of up to four hours in any calendar month, provided the agency deems such usage appropriate for the delivery of services under sub-subparagraph a. and b. In such cases no further administrative leave shall be granted pursuant to sub-subparagraph a. or b. until one week has elapsed for every additional hour taken in the aggregate.
In granting administrative leave for any purpose under this section, the supervisor shall take into consideration the impact of such leave on the employee’s work unit.
If an employee does not use administrative leave as authorized in this section, the employee shall not accrue or be paid for such leave.

History

Specific Authority 110.201, 110.219(5) FS. Law Implemented 110.219 FS. History–New 1-1-02, Amended 10-26-06.

Fla. Admin. Code R. 60L-34.0072 Educational Leave With Pay

(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 meet known agency needs.

(b) To improve the performance level of participating employees.

(d) To enable the agency to provide improved service to the public.

(3) Each agency’s program shall include provisions that educational leave with pay may be granted any employee to attend a college, university, or training academy for one or more full academic periods, if the following criteria are met:

(a) The plan objectives will be met by allowing the employee to receive the training;

(b) The employee is able to meet the entrance requirements for a planned academic program related to the needs of the agency;

(4) Each agency’s program shall include a provision for the objective selection of employees to be granted educational leave with pay, the method by which they are to be selected, and assurance that selection will not be based on the age, race, sex, religion, national origin, handicap or political affiliation of the employee.

(5) The maximum number of employees granted educational leave with pay at one time shall not exceed two percent of the agency’s authorized positions during any fiscal year, unless a greater number is requested by the agency and approved by the Department.

(6) The agency’s expenditures for a participating employee’s salary and benefits during any academic period shall not exceed the amount that would have been expended by the state for the employee’s salary and benefits if the employee had remained on the job.

(7) Expenditure of funds for educational leave with pay shall be in accordance with the agency’s approved budget.

(8) Each employee who is to be granted educational leave with pay must, prior to the final approval of such leave, and as a condition of receiving such leave, enter into a written agreement with the agency providing, at a minimum:

(a) That the granting of educational leave with pay is terminable by the agency prior to the end of the approved period of leave if the employee fails to make satisfactory progress in the educational program for which the leave is granted. Satisfactory progress means that the employee is achieving a passing academic grade in each course offering that is part of the educational program. Satisfactory progress shall be determined conclusively between the agency and the employee by the final grade received in each course in which academic performance is assigned a grade or by certification from the instructor in each course in which academic performance is not assigned a grade that the employee has satisfactorily completed the course; provided that, in the case where a course is of such length that a final grade or determination of satisfactory completion cannot be made within six months after beginning the course, the instructor shall certify at the end of the first six months whether the employee is then performing at least at the minimum level required to satisfactorily complete the course according to the academic measures of the institution, and such certification shall be binding between the agency and the employee for purposes of termination of the leave.

(b) That, in consideration of the granting of educational leave with pay, the employee agrees to continue employment with the agency after completion of the training for a period of time equal to the length of leave taken, and that the employee’s voluntary termination of employment prior to the expiration of said period shall constitute a material breach of contract, entitling the State to liquidated damages in an amount equal to that sum which is the product of multiplying the total of all salary and benefit expenditures for the employee during the period of education leave taken by a fraction, the numerator of which is the number of days remaining to be worked at termination to complete the period of employment equal to the period of educational leave with pay, and the denominator of which is the number of days of educational leave with pay taken.

(9) An employee who is granted educational leave with pay shall be returned to the same position unless the written agreement between the agency and the employee specifically includes a provision that the employee may be returned to a different position.

(10) Employees granted educational leave with pay are still employees of the agency and the State and, as such, retain all benefits, rights, and responsibilities of an employee while on such leave; provided, however, that time spent on educational leave with pay shall not be counted toward completion of the probationary period if the employee is on probationary status when such leave is approved. Employees on approved educational leave with pay shall be granted pay adjustments in the same amount and at the time as are granted all other employees in the same class. If a competitive area differential is approved for a class, an employee on educational leave with pay shall be granted a pay adjustment only if the competitive area differential applies to the position that the employee was filling when placed on educational leave with pay.

(11) The responsibility and accountability for performance and conduct are the same for employees on educational leave with pay as for other employees. Therefore, such employees are subject to the standards of conduct and the disciplinary procedures of the State Personnel System during the period of educational leave with pay.

History

Specific Authority 110.1055, 110.201(1), 110.219(5) FS. Law Implemented 110.219(5)(m) FS. History–New 1-1-02.

Chapter 60L-35 PERFORMANCE EVALUATION SYSTEM

Fla. Admin. Code R. 60L-35.001 Scope and Purpose

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 Performance Evaluation System enables employees to receive feedback concerning performance of assigned duties and responsibilities. It informs them of their strengths and areas of needed improvement in job performance, identifies current and future training needs, and provides documentation for awarding discretionary merit increases, and lump sum bonuses in accordance with Section 110.1245(2), F.S. Nothing in this rule shall limit the ability of an agency to take disciplinary action in accordance with Chapter 60L-36, F.A.C.

History

Rulemaking Authority 110.1055, 110.224(3), 110.605 FS. Law Implemented 110.1245(2)(b)5., 110.224, 110.605(1)(b) FS. History–New 6-19-08.

Fla. Admin. Code R. 60L-35.002 Definitions

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) designated evaluation dates per calendar year in order to accommodate operational needs.

(2) Evaluation Period – The annual period of time covered by the performance plan.

(3) Overall Rating – The employee’s level of performance for the evaluation period, which is derived as follows:

(a) Calculate the average of all of the individually-rated performance expectations. In calculating this average, all digits three or more places to the right of the decimal shall be dropped. No rounding shall be used in this calculation.

(b) Locate the numeric range in which the calculated average falls on the below chart and assign the corresponding overall rating.

OVERALL RATING SCALE

NUMERIC RANGE

OVERALL RATING

4.50 – 5.00

Outstanding

3.50 – 4.49

Commendable

3.00 – 3.49

Satisfactory

2.50 – 2.99

Needs Improvement

2.49 and below

Unsatisfactory

(4) Performance Evaluation – A written assessment of an employee’s performance of assigned duties and responsibilities as reflected in the employee’s performance expectations and documented on a performance evaluation form.

(5) Performance Expectation – A statement that describes satisfactory performance of an essential duty or responsibility as listed in the position description or satisfactory demonstration of an attribute or value that the agency deems necessary for the accomplishment of its core missions. For purposes of this rule, a duty or responsibility is essential if it must be successfully performed in order to fulfill the requirements of the position.

(6) Performance Plan – A written notification prepared by the rater that identifies the performance expectations by which the employee will be evaluated during the evaluation period.

(7) Rater – The employee’s current immediate supervisor or a designated managerial employee who has knowledge of the employee’s duties, responsibilities and job performance.

History

Rulemaking Authority 110.1055, 110.224(3), 110.605 FS. Law Implemented 110.1245(2)(b)5, 110.224, 110.605(1)(b) FS. History–New 6-19-08.

Fla. Admin. Code R. 60L-35.003 Minimum Requirements

(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 feedback regarding what is expected of the employee in the position. A performance plan shall be signed by the rater and the employee, indicating that the performance expectations have been discussed. A copy of the signed performance plan shall be made available to the employee. In the event an employee refuses to sign the performance plan, the rater shall make a signed and dated notation on the plan that the employee refused to sign.

(2) The rater shall manage performance by:

(a) Conducting an oral performance planning session with each employee at the beginning of every evaluation period and providing to the employee a copy of the corresponding performance plan.

(b) Conducting written and oral performance evaluations of his/her employees at least annually. Such evaluations must be completed within sixty (60) calendar days following the agency designated evaluation date.

(c) Providing employees with coaching and meaningful feedback regarding job performance throughout the evaluation period.

(d) Timely informing the employee in writing of performance expectation deficiencies that could result in a “Below Expectation” or “Unacceptable” rating and the necessary corrective action to be taken prior to the end of the evaluation period.

(e) Meeting in person with the employee, when practicable, for performance planning and performance evaluation.

(3) At a minimum, a written performance evaluation shall include:

(a) A rating of the employee’s job performance during the evaluation period for each performance expectation identified in the performance plan. Each performance expectation shall be measured using the following scale.

RATING

NUMERIC SCALE

INDIVIDUAL PERFORMANCE EXPECTATIONS RATING SCALE DEFINITION AND EXAMPLES

Exceptional

Employee consistently exceeds the performance expectation of the position. Examples include, but are not limited to: The employee requires little or no supervision from management in accomplishing his/her tasks and seeks opportunities to enhance the organization. The employee possesses highly advanced job knowledge. The employee is relied upon to solve complex problems and applies creativity and innovative approaches in formulating solutions.

Above Expectation

Employee consistently meets and often exceeds the performance expectation of the position. Examples include, but are not limited to: The employee requires minimal supervision from management in accomplishing his/her tasks. The employee possesses a thorough knowledge of the job, and often solves or assists in solving complex problems.

Meets Expectation

Employee consistently meets and may occasionally exceed the performance expectation of the position. Examples include, but are not limited to: The employee requires moderate supervision from management in accomplishing his/her tasks. The employee possesses sufficient knowledge and/or initiative to execute his/her duties and responsibilities.

Below Expectation

Employee exhibits inconsistent job performance, but has the capacity to improve to meet the performance expectation of the position. Examples include, but are not limited to: At times the employee requires close supervision where he/she should be operating on his/her own. The employee sometimes lacks the initiative, and/or job knowledge to execute his/her duties and responsibilities.

Unacceptable

Employee consistently fails to meet the designated performance expectation. Examples include, but are not limited to: The employee requires close supervision and his/her work requires continual correction. The employee’s job knowledge is insufficient to meet daily requirements.

None given

No longer applicable or unable to determine.

(b) Comments relating to the employee’s job performance for each performance expectation rating of “Exceptional” and “Above Expectation”.

(c) Comments relating to the employee’s job performance for each performance expectation rating of “Below Expectation” and “Unacceptable”, as well as prescribed developmental activities and corrective action(s) for areas where improvement is required.

(d) The overall rating of the employee’s job performance during the evaluation period, which shall not be adjusted or affected by the ratings of any other employees being rated.

(e) At the agency’s discretion, performance plans and evaluations may be reviewed by a higher level authority and comments may be provided. However, completed performance plans and evaluations shall not be changed by a higher level authority.

(4) Employees with an overall rating of either “Needs Improvement” or “Unsatisfactory” shall be considered to have not met their performance expectations for the position during that evaluation period.

(5) Other than probationary employees addressed in subsection 60L-35.004(3), F.A.C., employees who do not receive a performance evaluation within sixty (60) calendar days following the agency designated evaluation date shall be considered to have met their performance expectations as documented on their performance plan, and will receive a rating of “Meets Expectation” for each performance expectation and an overall rating of “Satisfactory”.

(6) A description of training and educational opportunities for the employee may be included as part of the performance planning/evaluation process. Training opportunities may include those available under Sections 110.1099 and 110.235, F.S.

(7) The performance evaluation shall be signed by the rater and the employee. The signature of the employee shall indicate only that the employee’s job performance has been discussed with the employee and does not imply that the employee agrees or disagrees with the rater’s assessment of his/her performance. The employee may attach written comments to the performance evaluation form in response to the evaluation. In the event an employee refuses to sign the performance evaluation, the rater shall make a signed and dated notation on the evaluation that the employee refused to sign.

(8) A performance evaluation is considered to be complete when it has been discussed with the employee and the employee has signed or refused to sign the evaluation. The evaluation shall then be included in the employee’s personnel file, and a copy shall be made available to the employee.

(9) Agencies may develop additional internal performance evaluation policies and procedures that comply with this performance evaluation rule.

(10) An agency may use forms developed by the Department of Management Services or forms developed by their agency to evaluate and document their employees’ performance.

History

Rulemaking Authority 110.1055, 110.224(3), 110.605 FS. Law Implemented 110.1245(2)(b), 110.224, 110.605(1)(b) FS. History–New 6-19-08.

Fla. Admin. Code R. 60L-35.004 Career Service

(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, the rater shall timely conduct a performance planning session with the employee.

(3) Career Service employees in probationary status shall have a performance evaluation completed on or before the end of the probationary period provided that, if the probationary period is extended pursuant to agency policy, the extension shall be noted on the evaluation form and the employee shall have another performance evaluation completed on or before the end of the extended probationary period. Failure to evaluate the probationary employee on or before the end of the probationary period will result in the employee successfully completing the probationary period.

(4) If an employee successfully completes the probationary period within 60 calendar days of the agency designated evaluation date, the probationary period overall rating shall become the employee’s overall rating for the annual evaluation period that corresponds with that agency designated evaluation date.

History

Rulemaking Authority 110.1055, 110.224(3) FS. Law Implemented 110.1245(2)(b), 110.224 FS. History–New 6-19-08.

Fla. Admin. Code R. 60L-35.005 Selected Exempt Service

(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 responsibilities, the rater shall timely conduct a performance planning session with the employee.

(b) Agencies may also incorporate any elements that the agency head deems appropriate for evaluating performance in relationship to the requirements of the position filled by the employee, so long as such elements do not conflict with this rule.

(2) In accordance with Section 110.605(1)(b), F.S., agencies shall develop their own respective performance evaluation system for reviewing and evaluating the performance of all other Selected Exempt Service employees.

History

Rulemaking Authority 110.1055, 110.605(1) FS. Law Implemented 110.1245(2)(b), 110.605(1)(b) FS. History–New 6-19-08.

Fla. Admin. Code R. 60L-35.006 Transitional Provision

History

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.

Chapter 60L-36 CONDUCT OF EMPLOYEES

Fla. Admin. Code R. 60L-36.001 Scope and Purpose

History

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.

Fla. Admin. Code R. 60L-36.002 Political Activities

(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 is expected to perform services for which he or she receives compensation from the state. However, a career service employee may be a candidate for or hold local public office when authorized by the agency head and approved by the Department as involving no interest which conflicts or activity which interferes with his or her state employment. The following procedures shall apply to requests for that authorization and approval.

(a) An employee seeking authorization shall submit to the employing agency head a written request before engaging in any campaign related activity, including fundraising, and at least forty-five days before the deadline for qualifying for the office. The request shall identify the public office sought and summarize the duties, the hours of work involved in holding the office, what effects, if any, office or campaign duties will have on the employee’s regular duties with the State, and the amount of remuneration, if any, which the employee would receive if elected.

(b) Within ten days after receiving the request, the agency head shall decide in writing whether the request is authorized. The decision shall specify reasons and shall include a determination whether the candidacy or duties of the local public office involve an interest that conflicts or an activity that interferes with the employee’s state employment. If the agency head approves the request, the agency shall forward copies of the request and the decision to the Department.

(c) Within ten days after receiving the request and agency decision, the Department shall decide in writing whether the request is approved, and so advise the agency and the employee.

(d) Copies of the employee’s request, the agency head’s decision, and the Department’s decision shall be retained in the employee’s personnel file.

(2) Candidacy for or holding a local public office shall be presumed to involve an interest that conflicts with an employee’s state employment when the campaign or the office, if elected, is likely to give rise to a situation in which regard for a private or local interest tends to lead to a disregard of the employee’s duty as a state employee.

(3) Candidacy for or holding local public office shall be presumed to involve activities that interfere with an employee’s state employment in the following instances:

(a) Campaign or, if elected, office activities are performed during the employee’s assigned working hours with the state.

(b) Campaign or, if elected, office activities will involve the use of state space, personnel, time, equipment, or supplies.

(c) The employee solicits or accepts campaign contributions from persons or entities that are regulated by, or otherwise do business with, the employee’s department or agency.

(4) Employees whose positions are subject to the Federal Hatch Act may not become candidates in any partisan election. Each agency head shall determine which of that agency’s employees are subject to the Hatch Act.

(5) An employee who has been granted approval to become a candidate for local public office pursuant to this Rule 60L-36.002, F.A.C., may, at the discretion of the employee’s agency head in accordance with Chapter 60L-34, F.A.C., Attendance and Leave, be granted a leave of absence without pay to campaign for the office, or may be allowed to use accrued annual or compensatory leave credits.

(6) This Rule 60L-36.002, F.A.C., shall apply when an employee already holds a local public office at the time of employment in the career service, or when the employee seeks re-election to the same office while an employee in the career service. This Rule 60L-36.002, F.A.C., applies to appointments as well as elections.

History

Rulemaking Authority 110.1055, 110.201(1), 110.233(4)(a) FS. Law Implemented 110.233(4)(a) FS. History–New 1-22-02, Amended 5-16-04, 4-17-12.

Fla. Admin. Code R. 60L-36.003 Relationships with Regulated Entities

(1) Relationships between employees and regulated entities give rise to the potential for conflicts of interest. To ensure that agencies can monitor such relationships and avoid such conflicts, all employees exercising regulatory responsibility shall comply with this Rule 60L-36.003, F.A.C. An employee exercises regulatory responsibility if the employee has direct responsibility for any of the following:

(a) Determining an entity’s compliance with federal, state, or local statutes or regulations.

(b) Determining or recommending whether the agency should issue, revoke, cancel or suspend an entity’s license or other certificate of authority.

(d) Custody, supervision, care, or treatment of prisoners, inmates, patients, clients, or other persons committed to a state institution.

(2) If an employee holds himself or herself out, verbally or in writing, as available for employment by, or for a contractual relationship with, a regulated entity, or if the employee receives, verbally or in writing, an offer from a regulated entity for employment or for a contractual relationship, the employee shall notify the agency in writing within five days.

(3) If an employee receives from a regulated entity, on his or her own behalf or on behalf of another, a gift the value of which is $25 or more, the employee shall notify the agency in writing within five days. No employee shall accept any gift based upon an understanding that the official acts or judgment of the employee will be influenced thereby.

(4) If an employee obtains a financial interest in a regulated entity, the employee shall notify the agency in writing within five days.

History

Rulemaking Authority 110.1055, 110.201(1), 110.233(6), 110.403(5), 110.605(4) FS. Law Implemented 110.233(6), 110.403(5), 110.605(4) FS. History–New 1-1-02.

Fla. Admin. Code R. 60L-36.004 Sexual Harassment

History

Rulemaking Authority 110.1055, 110.1221, 110.201(1) FS. Law Implemented 110.1221 FS. History–New 1-22-02, Transferred to 60L-40.001.

Fla. Admin. Code R. 60L-36.005 Disciplinary Standards

(1) This rule sets forth the minimal standards of conduct that apply to all employees in the State Personnel System, violation of which may result in dismissal.

(2) Agencies within the State Personnel System perform a vast array of functions and deliver a wide variety of services. Some employees perform routine tasks in a safe office environment, while others engage in unpredictable life-threatening situations under the most demanding circumstances. Breach of a particular standard in one context might be less serious, while in another it might result in the loss of life or property. Accordingly, each agency shall have primary authority and responsibility for managing the conduct of its employees. If an agency deems it necessary to discipline an employee for violation of this rule, the agency may impose any discipline up to and including dismissal, taking into account the agency’s unique mission and the individual facts and circumstances.

(3) Employees outside the permanent career service may be dismissed at will. Permanent career service employees may be suspended or dismissed only for cause, which shall include, but not be limited to, the following. Examples under the categories listed below are not exhaustive.

(a) Poor performance. Employees shall strive to perform at the highest level of efficiency and effectiveness; they shall do more than “just get by.”

Employees are expected to be reliable and dependable, for example: to show up for work, ready to work, on a reliable basis; to observe established work hours and scheduled appointments; to complete work on time; and to obtain permission before being off work and to schedule leave in a manner that minimizes work disruption.
Employees are expected to be effective, for example: to organize their work; to stay focused on job related activities during work hours; to provide the level of effort necessary to get the job done; to demonstrate willingness and ability to make decisions and exercise sound judgment; to produce work that consistently meets or exceeds expectations; to accept responsibility for their actions and decisions; to adapt to changes in work assignments, procedures, and technology; and to be committed to improving individual performance.

(b) Negligence. Employees shall exercise due care and reasonable diligence in the performance of job duties.

(c) Inefficiency or inability to perform assigned duties. Employees shall, at a minimum, be able to perform duties in a competent and adequate manner.

(d) Insubordination. Employees shall follow lawful orders and carry out the directives of persons with duly delegated authority. Employees shall resolve any differences with management in a constructive manner.

(e) Violation of law or agency rules. Employees shall abide by the law and applicable rules and policies and procedures, including those of the employing agency and the rules of the State Personnel System. All employees are subject to Part III of Chapter 112, F.S., governing standards of conduct, which agencies shall make available to employees. An agency may determine that an employee has violated the law even if the violation has not resulted in arrest or conviction. Employees shall abide by both the criminal law, for example, drug laws, and the civil law, for example, laws prohibiting sexual harassment and employment discrimination.

(f) Conduct unbecoming a public employee. Employees shall conduct themselves, on and off the job, in a manner that will not bring discredit or embarrassment to the state.

Employees shall be courteous, considerate, respectful, and prompt in dealing with and serving the public and co-workers.
Employees shall maintain high standards of honesty, integrity, and impartiality. Employees shall place the interests of the public ahead of personal interests. Employees shall not use, or attempt to use, their official position for personal gain or confidential information for personal advantage.
Employees shall protect state property from loss or abuse, and they shall use state property, equipment and personnel only in a manner beneficial to the agency.

(g) Misconduct. Employees shall refrain from conduct which, though not illegal or inappropriate for a state employee generally, is inappropriate for a person in the employee’s particular position. For example, cowardice may be dishonorable in people generally, but it may be entirely unacceptable in law enforcement officers. By way of further example, people are generally free to relate with others, but it may be entirely unacceptable for certain employees to enter into certain relations with others, such as correctional officers with inmates.

(h) Habitual drug use. Agencies shall not tolerate violations of Florida’s Drug Free Workplace Act, Section 112.0455, F.S., or other misuse of mood- or mind-altering substances, including alcohol and prescription medications.

(i) Conviction of any crime, including a plea of nolo contendere and a plea of guilty with adjudication withheld.

(4) Agencies are responsible for identifying instances of unacceptable behavior and for taking appropriate action. Before taking corrective action, an agency shall have evidence that the employee failed to comply with a standard or expectation.

(5) Agencies shall make known to permanent career service employees the procedures specified in Section 110.227, F.S. Section 110.227(5)(a), F.S., establishes procedures for suspension, reduction in pay, demotion, involuntary transfer of more than 50 miles by highway, or dismissal of permanent career service employees. An agency taking such action shall, in addition to furnishing notice of intent to take such action, furnish the employee with written notice of final action. The written notice of final action shall advise the employee of appeal rights under Section 110.227(5)(a), F.S., under any applicable collective bargaining agreements, and under any other applicable statutory provisions, such as Parts VI or VIII of Chapter 112, F.S. The deadline for appeal established in Section 110.227(5)(a), F.S., shall be measured from the date the employee receives the written notice of final action.

History

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 1-22-02, Amended 4-17-12.

Fla. Admin. Code R. 60L-37.001 Scope and Purpose

History

Rulemaking Authority 110.1245(1) FS. Law Implemented 110.1245 FS. History–New 1-1-02, Repealed 12-27-15.

Fla. Admin. Code R. 60L-37.002 Responsibilities

(1) Each participating agency shall submit written recommendations for award to the Legislative Budget Commission for evaluation. Each recommendation shall do the following:

(a) Verify employee eligibility for participation.

(b) Verify eligibility of a proposal. To be eligible for award, a proposal shall do one of the following.

Identify existing programs and activities conducive to outsourcing or privatization.
Propose solutions that result in measurable benefits from improved productivity or outputs.
Propose procedures that will result in improved quality of product or service and reduce the burden on those served.
Propose innovative or new processes, applications, designs, equipment, tools, strategies, safety practices, etc.

(2) Each participating agency should develop a marketing strategy that encourages employee participation; promotes and actively publicizes the Program; and encourages supervisors and managers to support and promote the Program.

(3) The agency head shall make the final decision on whether or not to adopt and implement a cost-savings proposal.

(4) By September 1st of each year, each participating agency shall provide to the Department the previous fiscal year’s information required by Section 110.1234(1)(d), F.S.

History

Rulemaking Authority 110.1245(1) FS. Law Implemented 110.1245 FS. History–New 1-1-02, Amended 3-2-17.

Fla. Admin. Code R. 60L-37.003 Reporting Procedure

History

Rulemaking Authority 110.1245(1) FS. Law Implemented 110.1245 FS. History–New 1-1-02, Repealed 3-2-17.

Chapter 60L-38 STATE CHILD CARE PROGRAM

Fla. Admin. Code R. 60L-38.001 Scope and Purpose

History

Rulemaking Authority 110.151(8) FS. Law Implemented 110.151 FS. History–New 1-1-02, Repealed 12-27-15.

Fla. Admin. Code R. 60L-38.002 Child Care Services

(1) Agencies requesting the establishment of work-site centers shall submit a written plan to the Department for approval. This plan shall contain the results of a feasibility study showing the following:

(a) Number and ages of preschool children identified in target area.

(b) Number of employees indicating utilization of proposed center.

(d) Number of existing preschool centers in the target area with their licensed capacity and enrollment.

(e) Estimated start-up and operational costs of proposed center.

(2) The Department shall respond to each agency’s request by outlining its findings based on established criteria and, if the plan is approved, in accordance with this rule, recommend a step-by-step procedure for establishing a child care center.

(3) The following criteria shall be used in reviewing agency requests for the establishment of state-sponsored child care centers:

(a) Concentration of state employees in the area equal to a population density of at least 4 employees with preschool children for each projected child care slot.

(b) Number of employees indicating at least a 25% utilization of the center by the preschool children in the target area.

(c) Adequate and appropriate space for child care purposes which conforms to state physical facility standards described in Chapter 65C-22, F.A.C.

(d) Nonavailability or inadequacy of community-provided services in the area.

(4) The sponsoring state agency may provide for the space, maintenance, utilities and other operating costs associated with the center.

(5) The contracted service provider shall have primary responsibility for the day-to-day operation of the center.

(6) The sponsoring state agency may elect to operate the center when a second request for proposals fails to procure a qualified service provider, or when the service provider’s contract is canceled and attempts to procure a qualified provider are unsuccessful, provided plans for the direct operation by the sponsoring agency are approved by the Department.

(7) The Department shall approve the sponsoring agency’s written plan for direct operation, provided the plan outlines the continuing efforts by the agency to secure a qualified provider, including the following:

(a) Steps to be taken to make improvements to the physical facility if such improvements are necessary to attract a quality provider.

(b) Steps to increase center enrollment.

(c) Steps to broaden the eligible employee population that supports the center, for example entering into consortium arrangements with other public sector employers in close proximity to the center.

(8) State employees who terminate employment with state government shall be afforded a 45-day grace period for securing other child care services.

(9) The service provider shall be responsible for providing quality physical care and developmental activities appropriate to the ages of the children enrolled in the center; selecting and managing staff assigned to the center; and managing the budget and daily operations of the center.

(10) The service provider shall be responsible for enrolling children of state employees in accordance with the enrollment policy of the sponsoring agency, pertaining to eligibility and procedures.

(11) Upon enrollment, the service provider shall furnish state employees with forms for payroll deduction. Payroll deduction shall be made in such a manner that a full month’s payment is deducted for employees paid monthly or 26 payments are deducted for employees paid bi-weekly.

(12) The service provider shall ensure that parents, the public, and representatives of the using agencies have reasonable access to the center for purposes of visitation and observation.

(13) The service provider shall be responsible for requirements set forth in the request for proposal for the operation of the center.

History

Rulemaking Authority 110.151(7) FS. Law Implemented 110.151 FS. History–New 1-1-02, Amended 3-2-17.

Fla. Admin. Code R. 60L-38.003 Procedures for Coordination of Child Care Services Requests

History

Rulemaking Authority 110.151(8) FS. Law Implemented 110.151 FS. History–New 1-1-02, Repealed 3-2-17.

Fla. Admin. Code R. 60L-38.004 Criteria for Establishment of Child Care Centers

History

Rulemaking Authority 110.151(8) FS. Law Implemented 110.151 FS. History–New 1-1-02, Repealed 3-2-17.

Fla. Admin. Code R. 60L-38.005 Responsibilities of Service Providers

History

Rulemaking Authority 110.151(8) FS. Law Implemented 110.151 FS. History–New 1-1-02, Repealed 3-2-17.

Chapter 60L-39 FLORIDA STATE EMPLOYEES' CHARITABLE CAMPAIGN (Repealed)

Fla. Admin. Code R. 60L-39.001 Scope and Purpose

History

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-1-02, Amended 1-23-07, 5-16-10, Repealed 12-27-15.

Fla. Admin. Code R. 60L-39.0015 Definitions

History

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-23-07, Amended 5-16-10, 2-17-13, 12-27-15, Repealed by Ch. 2018-57, L.O.F. 7-1-18.

Fla. Admin. Code R. 60L-39.002 General Requirements

History

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-6-02, Amended 1-9-05, 1-23-07, Repealed 5-16-10.

Fla. Admin. Code R. 60L-39.003 Statewide Steering Committee

History

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-6-02, Amended 3-5-04, 1-9-05, 2-13-06, 1-23-07, 5-16-10, 2-17-13, 12-27-15, Repealed by Ch. 2018-57, L.O.F. 7-1-18.

Fla. Admin. Code R. 60L-39.004 Eligibility Criteria for Participation by Charitable Organizations

History

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-6-02, Amended 1-23-07, 5-16-10, 2-17-13, 12-27-15, Repealed by Ch. 2018-57, L.O.F. 7-1-18.

Fla. Admin. Code R. 60L-39.0041 Eligibility Criteria for Receipt of Tier One Undesignated Funds

History

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 5-16-10, Repealed 2-17-13.

Fla. Admin. Code R. 60L-39.005 Application Procedures

History

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-1-02, Amended 3-5-04, 1-9-05, 2-13-06, 1-23-07, 5-16-10, 2-17-13, 12-27-15, Repealed by Ch. 2018-57, L.O.F. 7-1-18.

Fla. Admin. Code R. 60L-39.006 Department Duties and Responsibilities

History

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-6-02, Amended 3-5-04, 1-9-05, 2-13-06, 1-23-07, 5-16-10, 2-17-13, 12-27-15, Repealed by Ch. 2018-57, L.O.F. 7-1-18.

Fla. Admin. Code R. 60L-39.007 Appeals

History

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 1-6-02, Amended 3-5-04, 5-16-10, 2-17-13, 12-27-15, Repealed by Ch. 2018-57, L.O.F. 7-1-18.

Fla. Admin. Code R. 60L-39.008 Local Steering Committees

History

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 5-16-10, Amended 2-17-13, Repealed 12-27-15.

Fla. Admin. Code R. 60L-39.009 Employee Contributions and Campaign Events

History

Rulemaking Authority 110.181(3) FS. Law Implemented 110.181 FS. History–New 5-16-10, Amended 2-17-13, 12-27-15, Repealed by Ch. 2018-57, L.O.F. 7-1-18.

Chapter 60L-40 SEXUAL HARRASSMENT, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION

Fla. Admin. Code R. 60L-40.001 Sexual Harassment

(1) Agencies shall not tolerate sexual harassment within the work force. Sexual harassment means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature from any person directed towards or in the presence of an employee or applicant when:

(a) Submission to such conduct is either explicitly or implicitly a term or condition of an individual’s employment;

(b) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

(c) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

(2) Agencies shall make known to their employees that sexual harassment will not be tolerated. Each agency shall make available to employees a copy of this rule 60L-40.001, F.A.C., and a copy of the agency’s procedures for investigating and resolving complaints of sexual harassment. Each employee shall acknowledge understanding and acceptance of this rule and the agency procedure, and documented evidence of the acknowledgement shall be retained in the employee’s personnel file.

(3) Agencies shall develop and implement procedures to investigate and resolve complaints of sexual harassment. Agencies shall designate a person or persons to receive complaints of sexual harassment. Complaints shall be reduced to writing, signed by the complainant, and contain at least the following information:

(a) The name, business address, and telephone number of the person filing the complaint;

(b) The name of the person who allegedly committed the act of sexual harassment and the alleged victim; and,

(c) A clear and concise statement of the facts, including pertinent dates, locations, witnesses and other evidence in support of the complaint.

If the complaint does not contain all of this information, the agency shall, in writing, request the complainant to furnish it.

(4) Agencies shall initiate prompt review of all complaints. Agencies shall take steps to protect the privacy of those involved during the review and any related investigation.

(5) During an investigation of sexual harassment, agencies shall fully comply with investigatory procedures and rights contained in collective bargaining agreements between the State and the certified bargaining representatives for State employees. If the standard agency procedure conflicts with the collective bargaining agreement, the latter shall prevail.

(6) The filing of a complaint pursuant to agency procedure, regardless of disposition, shall not preclude the complainant from also filing a complaint with the Florida Commission on Human Relations (FCHR) or the Federal Equal Employment Opportunity Commission (EEOC). If the complainant files a complaint with either the FCHR or the EEOC, and the agency undertakes an investigation to provide information to those entities, the agency need not also conduct the investigation otherwise required by its own procedures; however, an employee who has committed sexual harassment shall be disciplined regardless of the type of investigation.

(7) Agencies shall discipline any employee who engages in sexual harassment, according to the agency’s policy.

(8) Any supervisory or managerial employee who has knowledge of sexual harassment shall immediately report the matter directly to the person the agency has designated to receive complaints of sexual harassment. Failure to do so shall subject the employee to disciplinary action.

(9) Any employee who knowingly files a false complaint of sexual harassment against another employee shall be subject to disciplinary action.

(10) Agencies shall not tolerate retaliation against any person who has in good faith filed a complaint, opposed a complaint, or participated in any manner in an investigation or proceeding, involving allegations of sexual harassment.

History

Rulemaking Authority 110.1055, 110.1221, 110.201(1) FS. Law Implemented 110.1221 FS. History–New 1-22-02, Formerly 60L-36.004.

Fla. Admin. Code R. 60L-40.002 Equal Employment Opportunity and Affirmative Action

(1) The Department shall assist agencies in ensuring equal employment opportunity (EEO) through affirmative action.

(2) Each agency’s affirmative action plan shall include the following provisions related to women, minorities and individuals who have a disability:

(a) A cover page that provides the agency name and address; name, title and phone number of person completing the plan; name, title, phone number and signature of the agency head and AA/EEO Officer; the source of data cited in the plan, and plan year.

(b) A table of contents that lists the major sections of the affirmative action plan and reflects the starting page number for each section.

(c) An organizational profile that displays the agency’s organizational structure, identifying each major organizational unit. The agency shall provide demographic information for all supervisors and employees within each unit and shall provide a total employee count; a count by gender; a count by race or ethnicity; and a count of individuals who have a disability.

(d) An affirmation of policies on EEO, anti-harassment, and individuals who have a disability that states the agency’s commitment to equal employment opportunity, promoting the employment of individuals who have a disability, providing reasonable accommodations, maintaining a work environment free of unlawful discrimination and harassment. The agency shall also include provisions that inform employees of the agency’s complaint procedures and affirmative action program.

(e) A dissemination of policy statement that explains internal and external dissemination of the agency’s equal employment opportunity policies.

(f) An outline of the agency’s training plan for all employees on the principles of equal employment opportunity, including disability-related workplace issues designed to promote an inclusive culture. The outline of the training plan for managers and supervisors must show that the training includes the principles of equal employment opportunity and affirmative action.

(g) An identification of the individual(s) accountable for directing and implementing the affirmative action plan and a description of their duties and responsibilities as they relate to implementation of the affirmative action plan.

(h) A description of the agency’s plan to periodically review its personnel processes to ensure equal access. The plan shall include a description of the personnel processes reviewed and any necessary modifications or development of new processes.

(i) An identification and description of the agency’s audit and reporting system that is used to measure the effectiveness of its affirmative action program.

(j) The agency’s statement as to the degree to which its goals and objectives are being met.

(k) The agency’s identification of any needs for remedial action.

(l) An identification of the agency’s impediments to providing equal employment opportunity. The agency shall include an analysis of the agency’s employment processes to include personnel procedures and activities (e.g., hires, promotions, separations, accommodations, return-to-work, etc.), and any other areas that the agency finds may impact the success of the affirmative action program.

(m) A description of the steps the agency will take to eliminate or reduce the impact of the agency’s impediments to providing equal employment opportunity.

(n) An evaluation of the progress made in reaching the agency’s goals for the prior year. The agency shall provide a statistical representation of placements made toward the goals, a narrative explanation of goals met, and “good faith efforts” made in instances in which the agency was unable to meet its goals.

(o) An analysis that estimates the number of qualified minorities, women, or individuals with a disability available for employment in a given EEO job category, expressed as a percentage of all qualified persons available for employment in the EEO job category. In order to determine whether barriers to equal employment opportunity may exist within a particular EEO job category, the agency must use this availability determination to establish a benchmark against which the demographic composition of the agency’s workforce can be compared.

(p) A comparison between the agency’s actual workforce and the qualified available workforce in the relevant labor market. The agency shall establish goals where the agency has identified an underutilization in the workforce using an industry recognized calculation method for determining underutilization.

(3) Each agency shall include in its affirmative action plan as described in subsection (2) the following additional components regarding individuals who have a disability:

(a) Documentation of the agency’s review of physical and mental job qualification standards to ensure that physical and mental job qualification standards are job-related and consistent with business necessity. The agency shall also explain any actions it intends to take based on this review.

(b) The process by which the agency will review a request for an accommodation from an individual who has a disability and provide a reasonable accommodation in response to such a request.

(c) A description of how the agency will promote employment opportunities for individuals who have a disability. This description must include a description of the agency’s strategies for outreach, recruitment, hiring and retention.

(d) Data collected on hiring and selection practices that have assisted the agency in identifying problem areas and meeting the reporting requirements of sections 110.112(2)(e), (3)(c)2., and (d), F.S. The agency must also provide data reports which must include:

A report on the number of requisitions, applicants, applicants interviewed, and applicants hired.
A report on the number of agency applicants, new hires, promotions, separations, demotions and original appointments.

(4) When an individual is provided the opportunity to voluntarily self-identify whether he or she has a disability, the following options must be presented for the individual’s selection:

(a) I do not have a disability;

(b) I do have a disability; or

(5) The opportunity for an individual to self-identify whether he or she has a disability under (4) shall advise the individual of the following:

(a) The information will be used solely in connection with affirmative action obligations and efforts;

(b) The information is being requested on a voluntary basis;

(c) The information will be kept confidential as medical information in accordance with the Americans with Disabilities Act (ADA); and

(d) The refusal to provide this information will not subject the individual to any adverse treatment.

History

Rulemaking Authority 110.1055, 110.112(2)(a), 110.112(3)(f), 110.201(1)(a), 110.403(1), 110.605(1) FS. Law Implemented 110.105(1), 110.112(2)(a), 110.112(3)(f), 110.403(1)(h), 110.605(1)(d) FS. History–New 1-1-02, Amended 4-3-03, Formerly 60L-33.007, Amended 4-18-19.

Division 60CC Public Employees Relations Commission

Chapter 60CC-1 PETITIONS CONCERNING REPRESENTATION

Fla. Admin. Code R. 60CC-1.001 Showing of Interest

(1) A “Showing of Interest” shall consist of original statements in the form of petitions or individual signature cards. Such statements shall be signed and personally dated by the employees and must expressly authorize the petitioning employee organization to represent such employees for the purpose of collective bargaining or shall state that the employees no longer desire to be represented by the certified bargaining agent. The term “Signed” as used herein includes any symbol executed or adopted by an employee with present intention to authenticate; provided, however, that statements signed with an “x” must be witnessed.

(2) The signed statements shall be filed with the Commission only and will not be returned after filing. The sufficiency of the offered showing of interest shall be determined administratively.

History

Rulemaking Authority 447.207(1) FS. Law Implemented 447.307(2) FS. History–New 5-6-79, Amended 1-17-80, Formerly 38D-13.09, 38D-13.009, Amended 2-17-20.

Fla. Admin. Code R. 60CC-1.002 Additional Unit Appropriateness Factors

In addition to the specific unit appropriateness factors set forth in Section 447.307(4), F.S., the Commission may also consider the following factors when defining an appropriate bargaining unit:

(1) The fragmentation of bargaining units;

(2) The possible conflict of interest between employees in the proposed unit; and

(3) The reasonable expectancy of continued employment of employees in the proposed unit.

History

Rulemaking Authority 447.207(1), 447.307(4)(h) FS. Law Implemented 447.307(4)(h) FS. History–New 5-6-79, Formerly 38D-17.22, 38D-17.022.

Fla. Admin. Code R. 60CC-1.101 Employee Organization Membership Authorization Form

(1) For purposes of prescribing the membership authorization form required by Section 447.301(1), F.S., as amended by Chapter 2023-35, Section 1, L.O.F., the terms not defined in this rule have the same meaning as in Part II, Chapter 447, F.S. This rule defines the following terms:

(a) “Employee” means a “public employee” as defined in Section 447.203(3), F.S. who desires to be a member of an employee organization that is either:

Certified to represent a bargaining unit that includes the public employee, or
Seeking to become a certified bargaining agent for a prospective bargaining unit that includes the public employee.

(b) “Class title” means the classification applicable to the employee used in the bargaining unit definition in the most recent Certification Order of the Commission.

(c) “Class code” means the code, if any, assigned by the employer to the employee’s classification. If there is no class code, the completed form must so indicate.

(d) “Allowances” means regular compensation to an officer or employee of the organization to cover expenses related to service to the organization.

(e) “Other direct or indirect disbursements” means all other amounts paid to the organization’s officer or employee, including reimbursed expenses, from the organization and any other employee organization affiliated with it, or with which it is affiliated, or which is affiliated with the same national or international employee organization, pursuant to Section 447.305(2)(c), F.S.

(f) “Employee Organization Membership Authorization Form” is the form prescribed in subsection (2).

(g) “Agency” means the “employing agency” as defined in Section 110.107, F.S., if the public employee is a state employee. If the public employee is employed directly by an agency of a political subdivision, “agency” means such agency, if different from the “employer” as defined herein.

(2) The membership authorization form required by Section 447.301(1), F.S., as amended by Chapter 2023-35, Section 1, L.O.F., is prescribed and designated the Employee Organization Membership Authorization Form, including instructions, PERC Form No. 2023-1.101, Effective July 1, 2023, which is hereby adopted and incorporated by reference: https://flrules.org/Gateway/reference.asp?No=Ref-15424.

(3) For purposes of the Employee Organization Membership Authorization Form, when organization dues are paid weekly, bi-weekly, or annually rather than monthly, reporting the actual amount and frequency of payment is deemed to be a disclosure of the monthly amount. The actual amount and frequency are determined as of the date the employee completes the membership authorization form.

(4) The Employee Organization, Registration Number, Date of Latest Registration Renewal, and Employee Organization Compensation Information portions of the Employee Organization Membership Authorization Form should accurately reflect the information on the organization’s most recent registration or renewal application. If that application does not list the compensation information for five or more officers and employees, only those listed, if any, should be included.

(5) An employee organization registered pursuant to Section 447.305, F.S., or any person assisting the employee may accurately complete any information other than the Signature of Employee and Date of Signature on an Employee Organization Membership Authorization Form and may make such partially completed forms available to public employees who desire to be a member of the organization. To be valid:

(a) All portions of the form must be completed; and

(b) The employee must personally sign the form and complete the Date of Signature.

(6) The completed form must be delivered to the employee organization identified on the form.

(7) Pursuant to the requirements of Chapter 2023-35, Section 1, L.O.F., this rule is effective July 1, 2023.

History

Rulemaking Authority Ch. 2023-35(1) Laws of Florida, 447.207(1) FS. Law Implemented Ch. 2023-35(1) Laws of Florida. History–New 7-1-23.

Fla. Admin. Code R. 60CC-1.104 Exemptions and Waivers

History

Rulemaking Authority Ch. 2023-35(1) Laws of Florida., s. 447.207(1) FS. Law Implemented Ch. 2023-35(1) Laws of Florida. History – New 11-7-23, Repealed 8-21-24.

Chapter 60CC-2 ELECTION PROCEDURES

Fla. Admin. Code R. 60CC-2.001 Notice of Election

(1) Whenever the Commission orders an election, the Commission shall issue a notice of election which shall contain the following information:

(a) A description of the appropriate bargaining unit(s) involved;

(b) The manner in which the election will be conducted, including, where applicable, date(s), time(s), and place(s);

(d) A sample ballot.

(2) The public employer shall, at least seven (7) days before the date set for the election, post copies of the notice of election in conspicuous locations where employees will be reasonably apprised of the election. The posting of the copies of the notice of election shall be maintained until the balloting has been completed. The public employer shall take reasonable steps to ensure that the notices are not altered, defaced, or covered by other materials.

(3) Failure to object to the form or content of the notice of election prior to the commencement of the election shall constitute a waiver of the objection.

History

Rulemaking Authority 447.207(1) FS. Law Implemented 447.207(6), 447.307(3)(a)3., 447.308 FS. History–New 5-6-79, Amended 1-17-80, Formerly 38D-18.01, 38D-18.001, Amended 2-17-20.

Fla. Admin. Code R. 60CC-2.002 Election Eligibility List

(1) The public employer shall file with the Commission and deliver to each party to the election an election eligibility list containing the names and addresses of all eligible voters not later than fifteen (15) days after the date of the Commission order ordering an election, except that such a list shall provide the work address rather than the home address of any personnel covered by Section 119.071(4)(d), F.S. Unless otherwise ordered by the Commission, the list shall include all employees employed in the unit as of the date of the Commission order directing an election.

(2) Where the Commission has found that a group of employees within a proposed unit constitute professional employees, the public employer shall furnish to the Commission and to the parties separate election eligibility lists of professional and non-professional employees.

(3) Each election eligibility list must be arranged in alphabetical order. Where applicable, the Commission may require that the public employer furnish a separate list to the Commission and to the parties in which the names of the eligible voters are grouped according to polling sites.

(4) Failure to object to the form or content of the election eligibility list prior to the commencement of the election shall constitute a waiver of the objection if the objecting party knew of the defect prior to the election, or through the exercise of reasonable diligence could have known. The Commission will not order a rerun election to cure a defect which could have been resolved by a timely filed petition for relief.

History

Rulemaking Authority 447.207(1) FS. Law Implemented 447.207(6), 447.307(3)(a)3., 447.308 FS. History–New 5-6-79, Amended 1-17-80, Formerly 38D-18.02, 38D-18.002, Amended 2-17-20.

Fla. Admin. Code R. 60CC-2.003 Election Procedure

(1) All elections shall be by secret ballot and shall be conducted by a designated agent of the Commission.

(2) An election may be conducted by mail, on site, or by any combined method ordered or approved by the Commission.

(3) Any party may be represented by not more than two (2) election observers of its own selection at each polling site. The Commission agent will request each observer to complete a Proof of Conduct of Election (PERC FORM 12) when the observer’s period of observation is concluded.

(4) Other than voters who are engaged in the actual process of voting, no person shall be permitted under any pretext to come within fifteen (15) feet of the entrance to any polling site from the opening to the closing of the polls, except election agents, poll clerks, and election observers. The employee organization, public employer, and their respective agents are prohibited from observing or being present when mail ballots are marked, signed, or mailed.

(5) Any party’s observer, or the Commission’s agent, may challenge, for good cause, the eligibility of any person to participate in the election. Ballots in on site elections may be challenged only when cast. Ballots in mail ballot elections may be challenged only at the counting of ballots. Prior to the counting of the ballots the parties may by mutual agreement, and with the consent of the Commission agent, resolve the challenge to any or all challenged ballots. The unresolved challenged ballots shall be impounded. When challenged ballots are sufficient in number to affect the results of the election, the challenging party shall file with the Commission affidavits and documentary evidence in support of its challenge(s) within fifteen (15) days after the date of issuance of the tally of ballots.

(6) Upon the conclusion of the voting, the ballots shall be counted by the Commission agent, allowing observers for the parties to be present, and a written Tally of Ballots (PERC FORM 13) shall be furnished to each party.

(7) Any mail ballot in which the voter has not signed the envelope, or in which the signature stub has been removed, shall be treated as void, absent proof to the contrary.

History

Rulemaking Authority 447.207(1) FS. Law Implemented 447.207(6), 447.307(3), 447.308 FS. History–New 5-6-79, Amended 1-17-80, Formerly 38D-18.03, 38D-18.003.

Fla. Admin. Code R. 60CC-2.004 Determining Results of Election

(1) In order to prevail in any election, any choice must receive more than fifty percent of the number equal to total ballots cast less void ballots cast. Provided, however, that in any representation election in which the choices are an employee organization and “no organization,” and the resulting vote is equally divided, it will be determined that “no organization” has prevailed. Provided, further, that in any election to revoke certification in which the resulting vote is equally divided between the certified bargaining agent and “no organization,” it will be determined that the certified bargaining agent has prevailed.

(2) When an election in which the ballot provided for not less than three choices (i.e., at least two employee organizations and “no organization”) results in no choice receiving a majority of the valid ballots cast, the Commission shall order a runoff election or, where appropriate, a rerun election. Only one runoff election shall be held pursuant to this rule.

(3) Only employees who were eligible to vote in the first election and who remain eligible on the date of the runoff election shall be eligible to vote in the runoff election.

(4) The ballot in a runoff election shall provide for a selection between the two choices receiving the largest and the second largest number of votes in the first election.

History

Rulemaking Authority 447.207(1) FS. Law Implemented 447.207(6), 447.307(3), 447.308 FS. History–New 5-6-79, Amended 1-17-80, Formerly 38D-18.04, 38D-18.004.

Fla. Admin. Code R. 60CC-2.005 Post-election Petition; Determination of Challenges

(1) Within fifteen (15) days after the closing of the poll(s) or the deadline for returning mail ballots, any party may file with the Commission a post-election petition relating to the conduct of the election or conduct affecting the results of the election. Such petition shall contain a brief statement of the reasons therefore and shall be accompanied by documentary evidence and affidavits in support of the allegations of the petition.

(2) An answer to any post-election petition may be filed with the Commission within fifteen (15) days after service of the petition. The answer shall state the answering party's position in refutation of the petition.

(3) If a post-election petition is filed or if challenged ballots are sufficient in number to affect the results of the election, the Commission through its designated agent shall investigate such petition or challenges.

(4) The Commission shall issue its order resolving relevant issues based upon the investigation; provided, however, that disputed issues of material fact may be determined upon an evidentiary hearing. The Commission may dismiss the post-election petition or challenges, order the counting of some or all of the challenged ballots, or, where warranted, set aside the previous election and order a rerun election.

(5) Should any rerun election be ordered by the Commission, it shall be conducted pursuant to the procedures set forth in this rule chapter.

History

Rulemaking Authority 447.207(1) FS. Law Implemented 447.207(6), 447.307(3), 447.308 FS. History–New 5-6-79, Amended 1-17-80, Formerly 38D-18.05, 38D-18.005.

Fla. Admin. Code R. 60CC-2.006 Cost of Conducting Election

(1) Whenever the Commission orders an election, or where a consent election agreement has been approved, the Commission where appropriate:

(a) May order the parties to share equally the Commission’s costs of conducting such election; or

(b) May order a party to pay all or any part of the Commission’s entire cost of conducting the election if its conduct increased the costs of the election, requires a rerun election or otherwise constitutes an abuse of Commission process.

(2) Costs shall include: postage, commercial printing costs; payments to poll clerks; travel, per diem; media services; rental of equipment; rental of facilities; and shipping charges.

(3) All monies received by the Commission pursuant to this rule shall be deposited in the Public Employees Relations Commission Trust Fund.

History

Rulemaking Authority 447.207(1) FS. Law Implemented 447.207(6), 447.307(3), 447.308 FS. History–New 5-6-79, Amended 1-17-80, 6-10-80, 12-23-81, 2-6-83, Formerly 38D-18.06, 38D-18.006.

Chapter 60CC-3 NEGOTIATIONS AND IMPASSE RESOLUTION

Fla. Admin. Code R. 60CC-3.001 Notice of Negotiations

(1) A Notice of Negotiations (PERC FORM 14) may be submitted at any time after the commencement of negotiations and shall contain the following information:

(a) The name, affiliations, if any, and address of the certified bargaining agent;

(b) The name and address of the public employer involved;

(c) The name, address, and telephone number of the principal spokesman for both the certified bargaining agent and the public employer;

(d) The description of the bargaining unit certified by the Commission;

(e) The approximate number of employees included in the bargaining unit;

(f) The commencement date of the fiscal year which is the subject of present negotiations;

(g) The contract expiration date, if applicable; and

(h) A statement of any other relevant facts.

(2) Upon filing of the Notice of Negotiations, the Commission, through its designated agent, shall advise the parties of the availability of a mediator in the appropriate geographical area for use by the parties as they desire.

History

Specific Authority 447.207(1) FS. Law Implemented 447.403(1) FS. History–New 5-6-79, Formerly 38D-19.01, 38D-19.001.

Fla. Admin. Code R. 60CC-3.002 Who May Serve as Mediator

The Commission, upon request of the parties, may, through its designated agent, select a mediator to assist the parties in reaching agreement. Selection may be made through the Federal Mediation and Conciliation Service.

History

Specific Authority 447.207(1) FS. Law Implemented 447.207(5), 447.403(1) FS. History–New 5-6-79, Amended 1-25-82, Formerly 38D-19.02, 38D-19.002.

Fla. Admin. Code R. 60CC-3.003 Maintenance of Special Magistrate Roster

(1) The Commission shall maintain a roster of special magistrates selected by the Chair. In selecting members for the roster, the Chair may consider the applicant’s experience, education, skill in written expression, neutrality, and willingness to undertake continuing training as a special magistrate. The Chair may also consider past or present memberships on a roster of arbitrators maintained by the Federal Mediation and Conciliation Service, the National Academy of Arbitrators, or the American Arbitration Association. Applicants seeking listing on the roster must complete and submit an application to the Chair which satisfies the following requirements:

(a) All initial applicants for admission to the roster shall provide the Chair with written recommendations from three representatives of employee organizations active in Florida, and three representatives of Florida public employers, attesting to the applicant’s experience, expertise, training and ability to serve in a neutral capacity. Recommendations from neutral agencies may be substituted for any of the required recommendations.

(b) All initial applicants shall provide the Chair with copies of five cases, either interest arbitration or grievance arbitration cases, in which the applicant was a neutral participant as arbitrator, fact-finder, mediator or similar participant within the preceding five years. In lieu of copies of cases an applicant may submit other equivalent evidence of experience. For the purpose of determining qualification for listing on the roster, preference will be given in the following order:

Public sector interest arbitration;
Public sector grievance arbitration;
Private sector arbitration;
Service as a hearing officer, mediator, fact finder, member of a collegial body, administrative law judge, or other neutral party;
Academic service as an instructor or researcher in the field of labor relations;
Experience in the field of labor law or labor relations.

(c) No person who is an advocate as defined herein may be listed on the roster. An advocate is a person who derives a significant portion of his or her earned income by representing employers, labor organizations or individuals as an employee, attorney or consultant, in matters of labor relations, including but not limited to the subjects of union representation and recognition matters, collective bargaining, arbitration, unfair labor practices and other areas generally recognized as constituting labor relations. The definition of advocate also includes persons directly associated with an advocate in a business or professional relationship as, for example, partners or employees of a law firm.

(2) Initial listing on the roster shall be for a period of two years, with subsequent renewals of two years if evidence of continuing satisfaction of these criteria is provided to the Chair. Additionally, initial applicants and renewal applicants must demonstrate annual participation in continuing education or training programs sponsored by the Commission, The Florida Bar, the American Arbitration Association, Federal Mediation and Conciliation Service, National Academy of Arbitrators, Society of Professionals in Dispute Resolution, Industrial Relations Research Association, or other similar programs relating to labor and employment relations as approved by the Chair.

(3) An out-of-state special magistrate appointed from the roster may charge the parties for travel expenses and travel time incurred only within the State of Florida, but not for travel necessary to come to Florida.

(4) The active roster shall not list more than forty special magistrates approved by the Chair.

History

Rulemaking Authority 447.207(1), (5) FS. Law Implemented 447.207(5), 447.403(2) FS. History–New 5-6-79, Amended 7-14-83, Formerly 38D-19.04, 38D-19.004.

Fla. Admin. Code R. 60CC-3.004 Appointment of Special Magistrate

(1) When negotiations reach impasse and no mediator has been appointed, or upon the request of either party, the Commission shall, through the Chair, provide for the appointment of a special magistrate.

(2) The parties may agree to the appointment of an individual who will be appointed by the Chair if the Chair finds that such individual is qualified pursuant to Rule 60CC-3.003, F.A.C.

(3) If the parties do not jointly request the appointment of a specific individual, the Chairm or his or her designated agent shall furnish the names and biographies of seven individuals listed on the Special Magistrate Roster.

(a) Within 20 days after the date of the letter transmitting the list of choices, each party shall notify the Chairman in writing of its rejection of three choices or its preference for one choice.

(b) Where the parties both indicate a preference for the same choice, that individual shall be appointed by the Chair.

(4) If the parties are unable to agree upon an acceptable special magistrate from the panel of three furnished by the Chair or his designated agent, the Chair shall appoint a special magistrate, at his or her discretion, from the Special Magistrate Roster.

History

Rulemaking Authority 447.207 FS. Law Implemented 447.207, 447.403 FS. History–New 5-6-79, Formerly 38D-19.05, Amended 11-26-86, Formerly 38D-19.005.

Fla. Admin. Code R. 60CC-3.005 Issues Before Special Magistrate

Within ten (10) days after the date of appointment of a special magistrate, each party shall serve upon the special magistrate a written list of issues at impasse, simultaneously serving a copy of the list upon each other party.

History

Specific Authority 447.207(1), (5) FS. Law Implemented 447.403(2), (3) FS. History–New 5-6-79, Formerly 38D-19.06, 38D-19.006.

Fla. Admin. Code R. 60CC-3.006 Proceeding Before Special Magistrate

(1) Upon appointment by the Commission, through the Chair, the special magistrate shall set, and notify all parties of, the time and place of the hearing(s). In appropriate circumstances, the special magistrate may, after conferring with the mediator, defer conducting hearings, pending satisfactory resolution of the impasse, for a reasonable length of time.

(2) All motions, objections, or other requests for ruling shall be made to the special magistrate either in writing, with copies thereof being simultaneously served upon all other parties to the hearing and proof of such service being given to the special magistrate, or orally during a hearing. The special magistrate shall permit such response to a motion, objection or other request for ruling as he or she believes is reasonable and just.

(3) Any party directly involved in the proceedings shall have the right to appear at the hearing in person, by counsel, or by other representative, and any such party and the special magistrate may call, examine, and cross-examine witnesses, and offer documentary and other evidence for introduction into the record. Witnesses shall be examined orally under oath. Stipulations of fact may be introduced in evidence with respect to any issue. Compliance with the rules of evidence shall not be required.

(4) The special magistrate may issue subpoenas when requested by a party, or upon his or her own motion.

(5) In the event of any misconduct at any hearing before a special magistrate, the special magistrate shall submit an affidavit describing such misconduct for action by the Commission.

(6) The special magistrate may permit the submission of a written memorandum in support of a party’s position after the close of the hearing upon such conditions as he or she may reasonably impose, provided that the request for permission to file such post-hearing memorandum was made before the close of the hearing.

History

Rulemaking Authority 447.207(1), 447.403(3) FS. Law Implemented 447.207(5), 447.403(3) FS. History–New 5-6-79, Formerly 38D-19.07, 38D-19.007.

Fla. Admin. Code R. 60CC-3.007 Recommended Decision of Special Magistrate

(1) Following the close of the hearing(s), the special magistrate shall review and consider all of the relevant evidence which has been presented during the hearing(s) and any oral or written argument provided by the parties, and he or she shall prepare a recommended decision. In reaching a decision, the special magistrate shall consider only that evidence presented at the hearing(s) in light of those factors set forth in Section 447.405, F.S. The special magistrate’s recommended decision shall include findings of fact and recommendations for settlement of each issue in dispute.

(2) Within fifteen (15) calendar days after the close of the hearing(s), the special magistrate shall transmit his or her recommended decision to the Commission and to representatives of both parties, by registered mail, return receipt requested.

History

Rulemaking Authority 447.207(1) FS. Law Implemented 447.403(3) FS. History–New 5-6-79, Amended 1-25-82, Formerly 38D-19.08, 38D-19.008.

Fla. Admin. Code R. 60CC-3.008 Approval of Recommended Decision by Parties

The recommended decision of the special magistrate shall be deemed accepted by the parties except as to those recommendations which a party specifically rejects, by filing a written notice with the Commission and serving a copy on the other party, within twenty calendar days after the date the recommended decision was received by that party. The written notice shall include a statement of the cause for rejection of each recommendation.

History

Specific Authority 447.207(1) FS. Law Implemented 447.403(3) FS. History–New 5-6-79, Amended 7-14-83, Formerly 38D-19.09, 38D-19.009.

Chapter 60CC-4 RATIFICATION OF COLLECTIVE BARGAINING AGREEMENTS

Fla. Admin. Code R. 60CC-4.001 Proposed Agreement

When, pursuant to collective bargaining negotiations, the parties have reached agreement on negotiated issues, a proposed agreement incorporating all agreed terms and all terms prescribed by the legislative body pursuant to Section 447.403, Florida Statutes, shall be reduced to writing and signed by the chief executive officer and the bargaining agent.

History

Specific Authority 447.207(1), 447.309(4) FS. Law Implemented 447.309(1), (4) FS. History–New 5-6-79, Formerly 38D-20.01, 38D-20.001.

Fla. Admin. Code R. 60CC-4.002 Ratification by Members of Bargaining Unit

(1) The certified bargaining agent shall promptly present the proposed agreement to the members of the bargaining unit for consideration and ratification. The certified bargaining agent shall give notice of any ratification meeting to all members of the bargaining unit. Notice procedures need not and will not be approved by the Commission in advance. The notice shall be communicated sufficiently in advance of the ratification vote to permit the members of the bargaining unit a reasonable opportunity to consider the matters to be voted upon prior to the actual vote. The notice shall be communicated to the members of the bargaining unit by any means which may reasonably be expected to come to the attention of the members of the bargaining unit, including but not limited to the following:

(a) Posting in conspicuous places where notices to members of the bargaining unit are customarily posted, or

(b) Personal delivery to the members of the bargaining unit, or

(d) Advertisement in an employee newsletter distributed to the members of the bargaining unit or in a newspaper of general circulation in the community where the members of the bargaining unit are employed.

(2) The notice shall contain the following information:

(a) The date, time, and place of the meeting;

(b) That the meeting is open to all members of the bargaining unit regardless of membership in the employee organization;

(d) That a copy of the proposed collective bargaining agreement is available for inspection at a specified location.

(3) The vote taken at a ratification meeting shall be by secret ballot of all members of the bargaining unit attending the meeting. The vote shall be publicly counted and the results announced at the conclusion of voting and counting.

(4) Where it is necessary to conduct more than one ratification meeting, each such meeting shall be conducted pursuant to the foregoing requirements, provided that the combined results of voting conducted at the several meetings shall be announced within three (3) days after the final ratification meeting.

(5) In lieu of ratification meeting(s), the certified bargaining agent may use mail ballots for the ratification vote; provided, however, that the tally of ballots shall be conducted at a meeting, and the results of the vote shall be announced at the conclusion of the tally. The certified bargaining agent shall give notice of such ratification vote and meeting prior to the distribution of mail ballots. The notice shall contain the following information:

(a) The date upon which mail ballots will be distributed, and the last date for returning the ballots;

(b) The information required in paragraphs (2)(c) and (d) above;

(d) That the meeting for the tally of ballots is open to all members of the bargaining unit regardless of membership in the employee organization.

(6) The majority of all those voting shall prevail.

(7) The certified bargaining agent shall, within five (5) days after the final count of votes, notify the public employer of the results of the ratification vote.

(8) The certified bargaining agent shall maintain a written record of the results of the vote.

History

Specific Authority 447.207(1), 447.309(4) FS. Law Implemented 447.309(1), (4) FS. History–New 5-6-79, Amended 1-17-80, 12-21-81, 1-25-82, Formerly 38D-20.02, 38D-20.002.

Fla. Admin. Code R. 60CC-4.003 Ratification by Public Employer

The chief executive officer of the public employer shall promptly present the proposed agreement to the public employer for consideration and ratification. The chief executive officer shall, within five (5) days after the final count of votes, notify the certified bargaining agent of the results of the ratification vote. The public employer shall maintain a written record of the results of the vote.

History

Specific Authority 447.207(1), 447.309(4) FS. Law Implemented 447.309(1), (4) FS. History–New 5-6-79, Formerly 38D-20.03, 38D-20.003.

Fla. Admin. Code R. 60CC-4.004 Notice of Rejection

When a proposed collective bargaining agreement is not ratified by a majority vote of employees voting in the unit or by the public employer, the rejecting party shall, within five (5) days after rejection, serve notice upon the other party of the rejection.

History

Specific Authority 447.207(1), 447.309(4) FS. Law Implemented 447.309(4) FS. History–New 5-6-79, Formerly 38D-20.04, 38D-20.004.

Chapter 60CC-5 UNFAIR LABOR PRACTICE PROCEEDINGS

Fla. Admin. Code R. 60CC-5.001 Filing of Charge

(1) A charge that any public employer, or its agents or representatives, or any public employee organization, or its agents or representatives, has engaged in or is engaging in any unfair labor practice may be filed with the Commission within six (6) months of the alleged occurrence thereof by one or more employees, by an employee organization, or by a public employer, or any combination thereof, provided the parties are not within the jurisdiction of a local commission.

(2) The charge shall be in writing (PERC FORMS 15, 16 and 17) and shall be signed.

(3) The charge shall contain the following:

(a) The name, affiliation, if any, and address of the charging party(s), and the official title of any representative filing the charge;

(b) The name and address of the respondent(s) and of any other party named therein;

(c) A clear and concise statement of the facts constituting the alleged unfair labor practice, including the name(s) of the individual(s) involved in the alleged unfair labor practice, the time and place of occurrence of the particular act(s) giving rise to the dispute;

(d) The specific provision(s) of Section 447.501, F.S., alleged to have been violated; and

(e) A brief statement of any other information relevant to the charge.

(4) The charge must be accompanied by sworn statement(s) setting forth facts of which the affiant has personal knowledge, and where applicable, documentary evidence sufficient to support a prima facie violation of the applicable unfair labor practice provision(s). Such supporting evidence is not to be attached to the charge and is to be furnished only to the Commission.

History

Rulemaking Authority 447.207(1) FS. Law Implemented 447.501, 447.503 FS. History–New 5-6-79, Amended 1-17-80, Formerly 38D-21.01, 38D-21.001.

Fla. Admin. Code R. 60CC-5.002 Processing of Charge

(1) Whenever an unfair labor practice charge is filed with the Commission, it may be referred to the General Counsel or other designated agent. The Commission, the General Counsel, or other designated agent shall review the charge and accompanying supporting evidence. Should it be concluded that there is evidence sufficient to establish a prima facie violation of the applicable unfair labor practice provision(s), the Commission shall so notify the parties.

(2) If the evidence is insufficient to establish a prima facie violation of the applicable unfair labor practice provision(s), the charge may be summarily dismissed by the Commission, General Counsel, or other designated agent, and the parties shall be notified in writing of the determination.

(3) A charging party whose charge is summarily dismissed by the General Counsel or other designated agent may appeal the dismissal to the Commission within twenty (20) days after the date of issuance of the dismissal by filing with the Commission a petition requesting review of the dismissal which briefly and concisely sets forth the points of fact and law which are sufficient to establish a prima facie violation of the applicable unfair labor practice provision(s). Upon the filing of a timely petition requesting review, the Commission shall examine the charge and the supporting evidence in the record at the time of dismissal. If, upon such examination, the Commission finds the charge to be insufficient, it shall issue a summary dismissal of the charge, and the parties shall be notified in writing of the determination. If the Commission finds the charge to be sufficient, it shall reinstate the charge and shall so notify the parties.

(4) Whenever an unfair labor practice charge is filed with the Commission against an entity which employs State Career Service System employees or against an employee of such an entity, the Commission will provide a copy of the charge to the Office of Labor Relations within the Department of Management Services of the State of Florida.

History

Rulemaking Authority 447.207(1) FS. Law Implemented 447.503(1), (2) FS. History–New 5-6-79, Amended 1-17-80, 2-29-84, Formerly 38D-21.02, 38D-21.002, Amended 2-17-20.

Fla. Admin. Code R. 60CC-5.101 Payroll Deduction

History

Rulemaking Authority s. 447.207(1) FS. Law Implemented Ch. 2023-35(3) Laws of Florida. History – New 11-7-23, Repealed 8-21-24.

Chapter 60CC-6 Registration of Employee Organizations

Fla. Admin. Code R. 60CC-6.401 Exemptions from Certain Renewal Application Requirements

History

Rulemaking Authority s. 447.207(1) FS. Law Implemented Ch. 2023-35(4) Laws of Florida. History – New 10-18-23, Repealed 8-21-24.

Division 60V Senior Management Service Optional Annuity Program

Chapter 60V-1 PARTICIPATION

Fla. Admin. Code R. 60V-1.001 Scope and Purpose

History

Rulemaking Authority 121.031(1) FS. Law Implemented 121.055 FS. History–New 7-22-87, Amended 9-5-90, 11-14-91, 9-8-92, Formerly 22V-1.001, Amended 1-25-94, Repealed 12-22-15.

Fla. Admin. Code R. 60V-1.002 Statements of Policy

(1) Participation in the Optional Annuity Program shall not give any participant the right to be retained in the employ of an employer.

(2) Any employee who is eligible for and elects to participate in the Optional Annuity Program shall cease to participate as a member of the Florida Retirement System or any other state-administered retirement system on the date preceding the effective date of participation in the Optional Annuity Program, and service performed while a participant in the Optional Annuity Program shall not be creditable service under any other such system.

History

Rulemaking Authority 121.031(1) FS. Law Implemented 121.055 FS. History–New 7-22-87, Amended 11-14-91, Formerly 22V-1.002.

Fla. Admin. Code R. 60V-1.003 Preservation of Rights

History

Rulemaking Authority 121.031(1) FS. Law Implemented 121.055 FS. History–New 7-22-87, Formerly 22V-1.003, Repealed 12-18-17.

Fla. Admin. Code R. 60V-1.004 Eligibility to Participate

History

Rulemaking Authority 121.031(1) FS. Law Implemented 121.055 FS. History–New 7-22-87, Amended 11-14-91, Formerly 22V-1.004, Amended 2-24-99, Repealed 12-18-17.

Fla. Admin. Code R. 60V-1.005 Election to Participate

Participation in the Optional Annuity Program shall commence only upon election by an eligible employee as follows:

(1) Any employee whose initial employment in an eligible state Senior Management Service Class position is before February 1, 1987 and who elects to participate in the Optional Annuity Program shall make such election on Form SMS-1, adopted in Rule 60V-1.007, F.A.C., and file it with the employer’s personnel office to be forwarded to the Division on or before May 1, 1987. The effective date of participation for such employee shall be February 1, 1987 or the first day of any month during the election period of February 1, 1987 through May 1, 1987, if so specified by the employee. If such employee transfers to the Optional Annuity Program from an existing system as defined in Section 121.021(2), F.S., the Special Risk Class or the Special Risk Administrative Support Class, that employee shall make such election on Form SMS-1.

(2) Any employee whose initial date of employment in an eligible state Senior Management Service Class position is on or after February 1, 1987, and who elects to participate in the Optional Annuity Program shall, within 90 days of becoming eligible:

(a) Execute an annuity contract with one or more of the approved provider companies;

(b) Make such election on Form SMS-1 and file it with his or her employer’s personnel office to be forwarded to the Division within 90 calendar days after the date of employment in an eligible Senior Management Service Class position; and

(c) Have participation effective on the first day of employment or the first day of any month during the 90-day election period, if so specified by the employee.

(3) Any eligible employee who fails to make an election provided by subsection 60V-1.005(1) or (2) or paragraph 60S-1.0057(2)(a), F.A.C., shall be a compulsory member of the Senior Management Service Class of the Florida Retirement System as provided by subsection 60S-1.0057(1), F.A.C.

(4) An employee’s election to participate in the Optional Annuity Program is irrevocable as long as such employee continues to be employed in an eligible position and continues to meet the eligibility requirements set forth in Rule 60V-1.004, F.A.C.

(5) If a participant terminates employment for less than 1 calendar month and is reemployed in an eligible position, such participant shall continue to be a participant in the Optional Annuity Program.

History

Rulemaking Authority 121.031(1) FS. Law Implemented 121.055 FS. History–New 7-22-87, Amended 11-14-91, Formerly 22V-1.005, Amended 1-4-93, 2-24-99.

Fla. Admin. Code R. 60V-1.006 Dual Employment

History

Rulemaking Authority 121.031 FS. Law Implemented 121.052, 121.055 FS. History–New 11-14-91, Formerly 22V-1.006, Repealed 12-18-17.

Fla. Admin. Code R. 60V-1.007 Approved Forms

The following is a list of the forms utilized by the Division of Retirement in its dealings with the participants in the Senior Management Service Optional Annuity Program, which are hereby incorporated by reference into these rules. A copy of these forms may be obtained by calling the Division at (850)488-8837. If calling from outside the Tallahassee calling area, you may call the Division toll-free at (877)377-3675 or by writing to the Division of Retirement at P. O. Box 9000, Tallahassee, FL 32315-9000. These forms may also be printed or downloaded from the Division’s website (frs.myflorida.com) or from the cooperative website of the Division and the State Board of Administration (www.myfrs.com).

(1)(a) Division Forms:

FORM NO./REVISION DATE

TITLE/DESCRIPTION

OAP-ETF (Rev. 06/2011)

Florida Retirement System State Senior Management Service Optional Annuity Program (SMSOAP) Employee Termination Form – Supplemental Statement for Distributions – a one-page form, http://www.flrules.org/Gateway/reference.asp?No=Ref-05169

OAP-CHANGE (Rev. 07/14)

Senior Management Service Optional Annuity Program (SMSOAP) Change Form – a one-page form, http://www.flrules.org/Gateway/reference.asp?No=Ref-05170

OAP-REFUND (Rev. 07/14)

Senior Management Service Optional Annuity Program (SMSOAP) Refund Form – a two-page form, http://www.flrules.org/Gateway/reference.asp?No=Ref-05171

OAP-RETIRE (Rev. 07/14)

Senior Management Service Optional Annuity Program (SMSOAP) Retire Form – a three-page form, http://www.flrules.org/Gateway/reference.asp?No=Ref-05172

OAP-RMD (Rev. 07/14)

Senior Management Service Optional Annuity Program (SMSOAP) Required Minimum Distribution Form – a two-page form, http://www.flrules.org/Gateway/reference.asp?No=Ref-05173

(b) State Board of Administration Forms

FORM NO./REVISION DATE

TITLE

SMS-1 (Rev. 07/07)

State Senior Management Service Employees Retirement Plan Enrollment Form

Form SMS-4 (11/05)

Retirement Plan Conversion Form for Local Employer Senior Management Service Class (SMSC) Members

History

Rulemaking Authority 121.031 FS. Law Implemented 121.031, 121.055 FS. History–New 1-4-93, Amended 1-10-95, 5-14-95, 9-18-96, 10-14-98, 1-24-00, 12-19-00, 9-18-07, 5-22-08, 4-5-15.

Chapter 60V-2 CONTRIBUTIONS

Fla. Admin. Code R. 60V-2.001 Scope and Purpose

History

Rulemaking Authority 121.031 FS. Law Implemented 121.055 FS. History–New 7-22-87, Amended 9-8-92, Formerly 22V-2.001, Amended 4-5-15, Repealed 12-22-15.

Fla. Admin. Code R. 60V-2.002 Statements of Policy

History

Rulemaking Authority 121.031(1) FS. Law Implemented 121.055 FS. History–New 7-22-87, Amended 9-5-90, Formerly 22V-2.002, Amended 1-25-94, Repealed 12-18-17.

Fla. Admin. Code R. 60V-2.003 Employer Contributions

History

Rulemaking Authority 112.363, 121.031 FS. Law Implemented 112.363, 121.055 FS. History–New 7-22-87, Amended 5-18-88, 2-7-89, 5-15-91, Formerly 22V-2.003, Amended 8-4-94, 3-12-96, 12-12-96, 2-24-99, 4-5-15, Repealed 12-18-17.

Fla. Admin. Code R. 60V-2.004 Employee Contributions

History

Rulemaking Authority 112.363(7), 121.031(1) FS. Law Implemented 112.363, 121.055 FS. History–New 7-22-87, Amended 5-18-88, Formerly 22V-2.004, Amended 2-24-99, 4-5-15, Repealed 12-18-17.

Chapter 60V-3 BENEFITS

Fla. Admin. Code R. 60V-3.001 Scope and Purpose

History

Rulemaking Authority 121.031(1) FS. Law Implemented 121.055 FS. History–New 7-22-87, Amended 9-8-92, Formerly 22V-3.001, Repealed 12-22-15.

Fla. Admin. Code R. 60V-3.002 Statements of Policy

History

Rulemaking Authority 112.363(7), 121.031(1) FS. Law Implemented 112.363, 121.055 FS. History–New 7-22-87, Amended 5-18-88, 5-15-91, 11-14-91, Formerly 22V-3.002, Repealed 12-18-17.

Fla. Admin. Code R. 60V-3.003 Employer-Funded Benefits

History

Rulemaking Authority 121.031(1) FS. Law Implemented 121.055 FS. History–New 7-22-87, Amended 11-14-91, Formerly 22V-3.003, Repealed 12-18-17.

Fla. Admin. Code R. 60V-3.004 Employee-Funded Benefits

History

Rulemaking Authority 121.031(1) FS. Law Implemented 121.055 FS. History–New 7-22-87, Formerly 22V-3.004, Repealed 12-18-17.

Fla. Admin. Code R. 60V-3.005 Forfeiture of Benefits

History

Rulemaking Authority 121.031 FS. Law Implemented 121.091(5) FS. History–New 4-5-95, Amended 2-24-99, Repealed 1-31-18.

Chapter 60V-4 ADMINISTRATION

Fla. Admin. Code R. 60V-4.001 Scope and Purpose

History

Rulemaking Authority 121.031(1) FS. Law Implemented 121.055 FS. History–New 7-22-87, Amended 9-8-92, Formerly 22V-4.001, Repealed 12-22-15.

Fla. Admin. Code R. 60V-4.002 Statements of Policy

(1) The Division of Retirement, shall administer the Optional Annuity Program.

(2) An Optional Annuity Program Trust Fund shall be established in the State Treasury and administered by the Division to make payments to the provider companies on behalf of the Optional Annuity Program participants and to transfer the unfunded liability portion of the employer contributions to the Florida Retirement System Trust Fund.

(3) The Division of Retirement shall sign a contract with each of the Optional Annuity Program provider companies and shall evaluate the performance of the provider companies on a continuing basis. The Division may terminate the services of the provider company for reasons stated in the contract. The Division’s responsibilities in administering the Optional Annuity Program shall include the following:

(a) Review and approval of all Optional Annuity Program marketing guidelines, and notification of such guidelines to the companies and employers.

(b) Investigation and resolution of complaints against a provider company by participants or by potential participants.

(4) Effective July 1, 1997, the State Board of Administration shall review and make recommendations to the Division on the acceptability of all investment products proposed by provider companies of the Optional Annuity Program before they are offered through annuity contracts to the participants. The State Board of Administration may advise the Division of any changes necessary to ensure that the Optional Annuity Program offers an acceptable mix of investment products. The Division shall make the final determination as to whether an investment product will be approved for the program.

(5) Each employer’s responsibilities in administering the Optional Annuity Program shall include the following:

(a) Certification to the Division that Optional Annuity Program applicants meet the eligibility criteria as set forth in Section 121.055, F.S., and Rule 60V-1.004, F.A.C.

(b) Certification that the data contained on the Form SMS-1 for each participant within the agency is accurate prior to forwarding such form to the Division.

(d) Monitoring the marketing policies of the provider companies, reporting violations of marketing guidelines to the Division, and filing unresolved complaints with the Division.

(e) Remittance of Optional Annuity Program salary deductions in accordance with payroll reporting procedures established by the Division.

(f) Notification to the Division if the employment status of a participant changes in any manner that would cause the participant to be ineligible to participate in the Optional Annuity Program in accordance with the provisions of Rule 60V-1.004, F.A.C.

History

Rulemaking Authority 121.031(1) FS. Law Implemented 121.055 FS. History–New 7-22-87, Formerly 22V-4.002, Amended 2-24-99.

Chapter 60V-5 DEFINITIONS

Fla. Admin. Code R. 60V-5.001 Definitions

Whenever used in these rules, unless otherwise expressly stated, or unless the context or subject matter requires a different meaning, the following words and terms shall have the meaning indicated:

(1) Annuity Contract – means the written agreement between the employee and a provider company.

(2) Benefit – means any lump sum payment or annuity payment from a provider company to a participant, beneficiary or estate.

(3) Division – means the Division of Retirement.

(4) Participant – means any eligible member who has elected to be covered by the Senior Management Service Optional Annuity Program.

(5) Plan Year – means the period of time beginning July 1 and ending on the following June 30, both dates inclusive.

(6) Provider Company – means one of the companies designated by and under contract with the Division to offer annuity products to participants in the Optional Annuity Program.

History

Specific Authority 121.031(1) FS. Law Implemented 121.055 FS. History–New 7-22-87, Amended 5-15-91, 11-14-91, Formerly 22V-5.001.

Division 60R State Retirement Commission

Chapter 60R-1 PRACTICE AND PROCEDURE BEFORE THE STATE RETIREMENT COMMISSION

Fla. Admin. Code R. 60R-1.001 Scope and Purpose

History

Rulemaking Authority 121.031(1) FS. Law Implemented 120.53 FS. History–New 3-30-76, Amended 1-12-78, Formerly 22J-1.01, 22J-1.001, Repealed 11-26-15.

Fla. Admin. Code R. 60R-1.002 Organization

History

Rulemaking Authority 120.53(1) FS. Law Implemented 121.0515, 121.22, 121.23, 121.24, 121.35 FS. History–New 3-30-76, Amended 1-12-78, 1-8-79, 10-24-79, 8-23-84, 6-4-85, Formerly 22J-1.02, Amended 8-19-87, Formerly 22J-1.002, Repealed 10-6-99.

Fla. Admin. Code R. 60R-1.0021 Definitions

History

Rulemaking Authority 120.53(1) FS. Law Implemented 121.22, 121.24 FS. History–New 8-19-87, Formerly 22J-1.0021, Repealed 11-26-15.

Fla. Admin. Code R. 60R-1.0022 Computation of Time

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 120.57 FS. History–New 8-19-87, Formerly 22J-1.0022, Repealed 10-6-99.

Fla. Admin. Code R. 60R-1.0023 Parties

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 120.57 FS. History–New 8-19-87, Formerly 22J-1.0022, Repealed 10-6-99.

Fla. Admin. Code R. 60R-1.0024 Consolidation

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 120.57 FS. History–New 8-19-87, Formerly 22J-1.0024, Repealed 10-6-99.

Fla. Admin. Code R. 60R-1.0025 Service of Papers

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 120.57 FS. History–New 8-19-87, Formerly 22J-1.0025, Repealed 10-6-99.

Fla. Admin. Code R. 60R-1.0026 Jurisdiction of the Commission

History

Rulemaking Authority 121.24(5) FS. Law Implemented 121.0515, 121.23, 121.35 FS. History–New 8-19-87, Amended 8-12-91, Formerly 22J-1.0026, Repealed 3-6-12.

Fla. Admin. Code R. 60R-1.003 Initiating a Hearing

History

Rulemaking Authority 120.53(1), 120.57(1) FS. Law Implemented 120.53(1), 121.0515, 121.23, 121.24 FS. History–New 3-30-76, Amended 1-12-78, 1-8-79, 10-24-79, 8-23-84, Formerly 22J-1.03, Amended 8-19-87, 8-12-91, 5-24-92, Formerly 22J-1.003, Amended 9-30-93, Repealed 10-6-99.

Fla. Admin. Code R. 60R-1.004 Prehearing Conference

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 121.23, 121.24 FS. History–New 3-30-76, Amended 1-12-78, 10-24-79, Formerly 22J-1.04, Amended 8-19-87, Formerly 22J-1.004, Repealed 10-6-99.

Fla. Admin. Code R. 60R-1.0041 Discovery

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.57, 120.58, 121.23, 121.24 FS. History–New 8-19-87, Formerly 22J-1.0041, Amended 9-30-93, Repealed 10-6-99.

Fla. Admin. Code R. 60R-1.0042 Documentary Evidence

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 120.57, 120.23, 121.24 FS. History–New 8-19-87, Formerly 22J-1.0042, Amended 9-30-93, Repealed 10-6-99.

Fla. Admin. Code R. 60R-1.0043 Motions

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 120.57, 120.23, 121.24 FS. History–New 8-19-87, Formerly 22J-1.0043, Repealed 10-6-99.

Fla. Admin. Code R. 60R-1.0044 Subpoenas

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 120.57, 120.58, 121.23, 121.24 FS. History–New 8-19-87, Formerly 22J-1.0044, Repealed 10-6-99.

Fla. Admin. Code R. 60R-1.0045 Witness Fees

History

Rulemaking Authority 121.031(1) FS. Law Implemented 120.57, 120.58, 121.23, 121.24 FS. History–New 8-19-87, Formerly 22J-1.0045, Repealed 11-26-15.

Fla. Admin. Code R. 60R-1.0046 Continuances

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 120.57, 121.23, 121.24 FS. History–New 8-19-87, Formerly 22J-1.0046, Amended 11-14-93, Repealed 10-6-99.

Fla. Admin. Code R. 60R-1.0047 Burden of Proof

In cases concerning applications for disability retirement benefits, or special risk membership, the burden of proof shall be on the member seeking to show entitlement to such benefits. In cases concerning reexamination of members receiving disability retirement benefits or reexamination of special risk members, or in cases where disability retirement benefits were terminated by the Division due to a member’s concurrent reemployment, the burden of proof shall be on the Division which is seeking to discontinue the benefit. In the case of hearings to review the Department’s denial of specification of a class for special risk membership, the burden of proof shall be on the employing agency.

History

Rulemaking Authority 121.24 FS. Law Implemented 120.569, 120.57, 121.0515, 121.091, 121.23 FS. History–New 8-19-87, Section 22J-1.0047 was formerly subsection (4) of 22J-1.005, Amended 8-12-91, Formerly 22J-1.0047, Amended 1-7-24, 7-14-26.

Fla. Admin. Code R. 60R-1.0048 Evidence

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.57, 120.58, 121.23, 121.24 FS. History–New 8-19-87, Formerly 22J-1.0048, Repealed 10-6-99.

Fla. Admin. Code R. 60R-1.00481 Medical Evidence

(1) Competent medical evidence of impairment is required for a determination of disability retirement eligibility. Competent medical evidence of a lack of such impairment is required for termination of disability benefits under re-examination. The diagnosis standard is a reasonable medical probability.

(2) Competent medical evidence of recovery from disability upon reexamination by the Division is required for the Commission’s determination that disability benefits were properly terminated under s. 121.091(4)(h). Termination of benefits due to the member having secured employment while receiving disability retirement benefits may be supported by competent substantial evidence that the member was successfully reemployed and remained able to render useful and efficient service as an officer or employee as set forth in s. 121.091(4)(b).

(3) Competent medical evidence of an impairment, or lack thereof upon reexamination by the Division, requires testimony by a licensed physician, either at the hearing, or in a deposition, in which the member and the Division of Retirement had an opportunity to participate. The licensed physician must have either treated or examined the individual, and the scope of their professional training and experience must include the type of permanent disability diagnosed.

(4) In cases of eligibility for in line of duty disability benefits, competent medical evidence shall be required showing that an injury or illness, arising out of and in the actual performance required by the member’s employment, was the substantial producing cause or aggravating cause of the member’s total and permanent disability.

(5) Medical records alone shall be insufficient to support a finding of disability retirement eligibility or termination.

(6) Determinations of disability in proceedings before other tribunals are not binding on the Commission.

History

Rulemaking Authority 121.024 FS. Law Implemented 120.569, 120.57, 121.091, 121.23 FS. History–New 9-30-93, Amended 10-6-99, 4-20-04, 8-25-21, 1-7-24, 7-14-26.

Fla. Admin. Code R. 60R-1.0049 Witnesses; Penalties

History

Rulemaking Authority 121.24(5) FS. Law Implemented 121.23(2), (6) FS. History–New 8-19-87, Formerly 22J-1.0049, Repealed 3-6-12.

Fla. Admin. Code R. 60R-1.005 Conduct of Hearings

(1) The chairperson shall open the hearing by explaining the procedures to be followed.

(2) Each party shall have the right to be accompanied, represented, and advised by counsel or other qualified representative, or to be self-represented.

(3) Each party shall be allowed to make an opening statement.

(4) The chairperson shall conduct the hearings of the Commission and shall take whatever action is necessary to ensure that the business of the Commission is conducted in an equitable, orderly, and expeditious manner. All parties shall abide by the chairperson’s decisions, unless the chairperson is overruled by a majority of Commission members present.

(5) The chairperson, or any member of the Commission upon recognition by the chairperson, may direct questions to any witness during the proceedings.

(6) Each party shall be allowed to present a closing argument.

(7) The Commission may deliberate and make a decision immediately following closing arguments, or the Commission may defer its deliberations and decision to a later time during the same or a subsequent meeting of the Commission. Parties shall be provided with notice of the continued deliberation but will not be permitted to make further argument.

History

Rulemaking Authority 121.24(5) FS. Law Implemented 121.23, 121.24, 120.569, 120.57(1) FS. History–New 3-30-76, Amended 1-12-78, 1-8-79, 10-24-79, 1-8-81, 6-24-81, 8-23-84, Formerly 22J-1.05, Amended 8-19-87, Formerly 22J-1.005.

Fla. Admin. Code R. 60R-1.0051 Hearing Officers

History

Rulemaking Authority 121.031(1) FS. Law Implemented 120.57, 121.23, 121.24 FS. History–New 8-19-87, Section 22J-1.0051 was formerly subsection (13) of 22J-1.005, Formerly 22J-1.0051, Repealed 11-26-15.

Fla. Admin. Code R. 60R-1.0052 Recordation

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.57, 121.23, 121.24 FS. History–New 8-19-87, Formerly 22J-1.0052, Repealed 10-6-99.

Fla. Admin. Code R. 60R-1.006 Final Orders

History

Rulemaking Authority 121.031(1) FS. Law Implemented 120.59, 121.23 FS. History–New 3-30-76, Amended 1-12-78, Formerly 22J-1.06, Amended 8-19-87, 8-12-91, 5-24-92, Formerly 22J-1.006, Repealed 11-26-15.

Fla. Admin. Code R. 60R-1.0061 Correction of Orders and Rehearing

History

Rulemaking Authority 121.031(1) FS. Law Implemented 120.57, 121.23 FS. History–New 8-19-87, Formerly 22J-1.0061, Repealed 11-26-15.

Fla. Admin. Code R. 60R-1.007 Judicial Review

History

Rulemaking Authority 121.031(1) FS. Law Implemented 120.68, 121.23 FS. History–New 3-30-76, Amended 1-12-78, 10-24-79, Formerly 22J-1.07, Amended 8-19-87, 8-12-91, Formerly 22J-1.007, Repealed 11-26-15.

Division 60DD State Technology Office

Chapter 60DD-1 WIRELESS 911 BOARD

Fla. Admin. Code R. 60DD-1.001 Requirements for Sworn Invoices Submitted by or on Behalf of Wireless Service Providers

History

Rulemaking Authority 365.172(6)(a)12., 365.173(2)(b) FS. Law Implemented 365.173(2)(b) FS. History–New 5-22-03, Amended 4-9-06, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-1.002 Rural County Grants

History

Rulemaking Authority 365.172(6)(a)12., 365.173(2)(c) FS. Law implemented 365.173(2)(c) FS. History–New 5-20-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-1.003 Rural County Grant and Medium County Loans

History

Rulemaking Authority 365.172(6)(a)3., 12., 365.173(2)(c) FS. Law implemented 365.172(6)(a)3., 365.173(2)(c) FS. History–New 7-18-06, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Chapter 60DD-2 FLORIDA INFORMATION RESOURCE SECURITY POLICIES AND STANDARDS

Fla. Admin. Code R. 60DD-2.001 Purpose; Definitions; Policy; Applicability; Agency Security Programs; Roles and Responsibilities; Risk Management

History

Rulemaking Authority 282.102(2), (6), (16) FS. Law Implemented 282.0041, 282.101, 282.318 FS. History–New 8-10-04, Transferred to 71A-2.001.

Fla. Admin. Code R. 60DD-2.002 Control of Computers and Information Resources

History

Rulemaking Authority 282.102(2), (6), (16) FS. Law Implemented 282.318 FS. History–New 8-10-04, Transferred to 71A-2.002.

Fla. Admin. Code R. 60DD-2.003 Physical Security and Access to Data Processing Facilities

History

Rulemaking Authority 282.102(2), (6), (16) FS. Law Implemented 282.318 FS. History–New 8-10-04, Transferred to 71A-2.003.

Fla. Admin. Code R. 60DD-2.004 Logical and Data Access Controls

History

Rulemaking Authority 282.102(2), (6), (16) FS. Law Implemented 282.318 FS. History–New 8-10-04, Transferred to 71A-2.004.

Fla. Admin. Code R. 60DD-2.005 Data and System Integrity

History

Rulemaking Authority 282.102(2), (6), (16) FS. Law Implemented 282.318 FS. History–New 8-10-04, Transferred to 71A-2.005.

Fla. Admin. Code R. 60DD-2.006 Network Security

History

Rulemaking Authority 282.102(2), (6), (16) FS. Law Implemented 282.318 FS. History–New 8-10-04, Transferred to 71A-2.006.

Fla. Admin. Code R. 60DD-2.007 Backup and Disaster Recovery

History

Rulemaking Authority 282.102(2), (6), (16) FS. Law Implemented 252.365, 282.318 FS. History–New 8-10-04, Transferred to 71A-2.007.

Fla. Admin. Code R. 60DD-2.008 Personnel Security and Security Awareness

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.318 FS. History–New 8-10-04, Transferred to 71A-2.008.

Fla. Admin. Code R. 60DD-2.009 Systems Acquisition, Disposal, Auditing, and Reporting

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 281.301, 282.318 FS. History–New 8-10-04, Transferred 71A-2.009.

Fla. Admin. Code R. 60DD-2.010 Standards Adopted

History

Rulemaking Authority 282.102(2) FS. Law Implemented 120.54(8), 282.318 FS. History–New 8-10-04, Transferred 71A-2.010.

Chapter 60DD-4 REGULATED COMMUNICATIONS SERVICES

Fla. Admin. Code R. 60DD-4.001 General

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.103, 282.104, 282.105, 282.106, 282.107, 282.108(8), (10) FS. History–New 7-20-73, Amended 9-30-75, Formerly 13C-1.01, Amended 9-16-92, Formerly 13C-1.001, 60C-1.001, Amended 10-17-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-4.002 Definitions

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.103, 282.104, 282.105, 282.106, 282.107, 282.108(8), (10) FS. History–New 7-20-73, Amended 9-30-75, Formerly 13C-1.02, Amended 9-16-92, Formerly 13C-1.002, 60C-1.002, Amended 10-17-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-4.003 Communication Service Authorization (CSA); Administration; Approval

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.103, 282.104, 282.105, 282.106, 282.107, 282.108(8), (10) FS. History–New 7-20-73, Amended 9-30-75, 7-21-81, Formerly 13C-1.03, 13C-1.04, Amended 4-12-87, 9-16-92, Formerly 13C-1.003, 13C-1.004, 60C-1.003, 60C-1.004, Amended 10-17-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-4.004 Centralized Communications Billing

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.108(8), (10), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 7-20-73, Amended 9-30-75, Formerly 13C-1.05, 13C-1.06, Amended 9-16-92, Formerly 13C-1.005, 13C-1.006, 60C-1.005, 60C-1.006, Amended 10-17-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-4.005 Communications Service Proposals

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.103, 282.104, 282.105, 282.106, 282.107, 282.108(8), (10) FS. History–New 7-20-73, Amended 9-30-75, Formerly 13C-1.07, Amended 9-16-92, Formerly 13C-1.007, 60C-1.007, Amended 10-17-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-4.006 Florida State Government Listings

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.103, 282.104, 282.105, 282.106, 282.107, 282.108(8), (10) FS. History–New 7-20-73, Amended 9-30-75, Formerly 13C-1.08, Amended 9-16-92, Formerly 13C-1.008, 60C-1.008, Amended 10-17-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Chapter 60DD-5 COMMUNICATIONS PROCUREMENT OF CUSTOMER-OWNED EQUIPMENT

Fla. Admin. Code R. 60DD-5.001 General

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.102(8), (10), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 12-10-75, Formerly 13C-2.01, 13C-2.001, 60C-2.001, Amended 9-23-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-5.002 Approval Threshold, Exemptions; Requests; Documentation

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.102(8), (10), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 12-10-75, Formerly 13C-2.08, Amended 4-12-87, 9-16-92, Formerly 13C-2.008, 60C-2.008, Amended 9-23-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-5.003 Delegation to the Department of Education

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.102(8), (10), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-15-83, Formerly 13C-2.09, Amended 9-16-92, Formerly 13C-2.009, 60C-2.009, Amended 9-23-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-5.004 Specifications for State Purchasing and State Technology Office Contracts

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.102(8), (10), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 12-10-75, Formerly 13C-2.03, 13C-2.04, 13C-2.05, 13C-2.06, Amended 9-16-92, Formerly 13C-2.003, 13C-2.004, 13C-2.005, 13C-2.006, 60C-2.003, 60C-2.004, 60C-2.005, Amended 9-23-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-5.005 Special or Unique Agency Communications Requirements

History

Rulemaking Authority 282.102(2), (16), (18) FS. Law Implemented 282.102(8), (10), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 12-10-75, Formerly 13C-2.06, 13C-2.07, Amended 9-16-92, Formerly 13C-2.006, 13C-2.007, 60C-2.006, 60C-2.007, Amended 9-23-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Chapter 60DD-6 ELIGIBILITY AND USE OF STATE COMMUNICATIONS SYSTEM

Fla. Admin. Code R. 60DD-6.001 General

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.102(8), (10), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-29-83, Formerly 13C-7.01, 13C-7.001, 60C-6.001, Amended 10-17-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-6.002 Definitions

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.102(8), (10), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-29-83, Formerly 13C-7.02, 13C-7.002, 60C-6.002, Amended 10-17-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-6.003 Qualification Criteria for State Long Distance Communications System

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.102(8), (10), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-29-83, Formerly 13C-7.04, 13C-7.004, 60C-6.004, Amended 10-17-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-6.004 SUNCOM Network Services Agreement

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.102(8), (10), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-29-83, Formerly 13C-7.05, 13C-7.005, 60C-6.005, Amended 10-17-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-6.005 Review of Eligibility of Users

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.102(8), (10), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-29-83, Formerly 13C-7.06, 13C-7.006, 60C-6.006, Amended 10-17-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-6.006 Modifications, Additions, Reductions or Terminations to Existing SUNCOM Service Initiated by an Eligible User

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.102(8), (10), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-29-83, Formerly 13C-7.07, 13C-7.007, 60C-6.007, Amended 10-17-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-6.007 Additions or Modifications, Reductions or Terminations to Existing SUNCOM Service Initiated by the State Technology Office

History

Rulemaking Authority 282.102(2), (16) FS. Law Implemented 282.102(8), (10), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-29-83, Formerly 13C-7.08, 13C-7.09, 13C-7.008, 13C-7.009, 60C-6.008, 60C-6.009, Amended 10-17-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-6.008 Required Usage

History

Rulemaking Authority 282.102(2),(16) FS. Law Implemented 282.102(8), (10), 282.103 FS. History–New 10-17-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Chapter 60DD-7 INFORMATION TECHNOLOGY LIFE CYCLE POLICIES AND STANDARDS

Fla. Admin. Code R. 60DD-7.001 Purpose; Definitions; Policy; and Applicability

History

Rulemaking Authority 282.102(16) FS. Law Implemented 282.102(2) FS. History–New 12-26-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-7.002 Project Management Methodology

History

Rulemaking Authority 282.102(16) FS. Law Implemented 282.102(2) FS. History–New 12-26-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-7.003 Information Systems Development Methodology (ISDM)

History

Rulemaking Authority 282.102(16) FS. Law Implemented 282.102(2) FS. History–New 12-26-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-7.004 Initiation Phase

History

Rulemaking Authority 282.102(16) FS. Law Implemented 282.102(2) FS. History–New 12-26-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-7.005 Needs Assessment or Feasibility Phase

History

Rulemaking Authority 282.102(16) FS. Law Implemented 282.102(2) FS. History–New 12-26-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-7.006 Planning Phase

History

Rulemaking Authority 282.102(16) FS. Law Implemented 282.102(2) FS. History–New 12-26-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-7.007 Requirements Analysis Phase

History

Rulemaking Authority 282.102(16) FS. Law Implemented 282.102(2) FS. History–New 12-26-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-7.008 Design Phase

History

Rulemaking Authority 282.102(16) FS. Law Implemented 282.102(2) FS. History–New 12-26-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-7.009 Acquisition/Development Phase

History

Rulemaking Authority 282.102(16) FS. Law Implemented 282.102(2) FS. History–New 12-26-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-7.010 Integration, Testing and Acceptance Phase

History

Rulemaking Authority 282.102(16) FS. Law Implemented 282.102(2) FS. History–New 12-26-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-7.011 Implementation Phase

History

Rulemaking Authority 282.102(16) FS. Law Implemented 282.102(2) FS. History–New 12-26-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-7.012 Operations and Maintenance Phase

History

Rulemaking Authority 282.102(16) FS. Law Implemented 282.102(2) FS. History–New 12-26-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-7.013 Disposition Phase

History

Rulemaking Authority 282.102(16) FS. Law Implemented 282.102(2) FS. History–New 12-26-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-7.014 Standards Adopted

History

Rulemaking Authority 282.102(16) FS. Law Implemented 282.102(2) FS. History–New 12-26-04, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Chapter 60DD-8 FLORIDA STATEWIDE LAW ENFORCEMENT RADIO SYSTEM

Fla. Admin. Code R. 60DD-8.001 Purpose; Definitions

History

Rulemaking Authority 282.106(16) FS. Law Implemented 282.1095 FS. History–New 6-26-05, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-8.002 Third Party Subscribers Classifications; Application Process

History

Rulemaking Authority 282.106(16) FS. Law Implemented 282.1095 FS. History–New 6-26-05, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-8.003 Frequencies and Licenses

History

Rulemaking Authority 282.106(16) FS. Law Implemented 282.1095 FS. History–New 6-26-05, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-8.004 Talk Group Limits

History

Rulemaking Authority 282.106(16) FS. Law Implemented 282.1095 FS. History–New 6-26-05, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-8.005 Security, Encryption Requirements, Radio Programming, and System Key Management

History

Rulemaking Authority 282.106(16) FS. Law Implemented 282.1095 FS. History–New 6-26-05, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Fla. Admin. Code R. 60DD-8.006 Service and Maintenance Priorities

History

Rulemaking Authority 282.106(16) FS. Law Implemented 282.1095 FS. History–New 6-26-05, Repealed by Section 30, Chapter 2009-80, Laws of Florida.

Division 60FF Technology Program

Chapter 60FF-1 State Communications Definitions; Usage Qualifications; Exemptions And Clearances

Fla. Admin. Code R. 60FF-1.001 General

History

Rulemaking Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-25-08, Repealed 1-16-17.

Fla. Admin. Code R. 60FF-1.002 Definitions

(1) The following terms as defined below are applicable to Chapters 60FF-1, 60FF-2 and 60FF-3, F.A.C.:

(a) Authorizing Official – An individual appointed by the Eligible User who shall assume one or several roles, and have the ability to exercise the secure and exclusive rights granted through those roles, in the CSAB System(s) on behalf of the Eligible User. Authorizing Officials shall have the authority to obligate funds on behalf of the Eligible User and to approve expenditures for communications services through their actions in the CSAB System(s) or by their receipt of uncontested electronic mail notifications from SUNCOM staff regarding changes to Customer services as reflected in the CSAB System(s). At least one Authorizing Official appointed by the Eligible User shall have the authority to establish other Authorizing Officials for the same Eligible User, thus granting the associated authorities, within the CSAB System(s). Some or all of the Authorizing Officials shall be knowledgeable about the Electronic Communications needs and conditions of the Eligible User.

(b) Backdoor – Any connection to a network outside of the State Intranet that directly or indirectly circumvents the State firewalls.

(c) Billing Data – Data, in standardized formats, established by the Department, used by the Department to charge Customers for the relative portions of SUNCOM Services they use.

(d) Business Objective – An operational or cost savings benefit expected from use of Network Equipment, Software or Services. The mere implementation, ownership or use of Network Equipment, Software or Services or Communications Devices shall not be considered to be a genuine Business Objective.

(e) Clearance Request – A request from a Customer, that is not a Required User, to implement a Network Solution that uses Internet technology and is not provided through SUNCOM.

(f) Communications Device – Any device or software that renders audio, video and/or data into Electronic Communications.

(g) Communications Purchase or Lease Authorization – The means that was used by Required Users to seek and obtain approval from the Department to purchase or lease communications equipment prior to establishment of Chapter 60FF, F.A.C.

(h) Communications Service Authorization and Billing System (CSAB Systems) – The Department system(s) for ordering SUNCOM Services, billing Customers for SUNCOM Services and the associated electronic repository of CSA and Billing Data that is available to Customers by accessing through the Web site http://SUNCOM.myflorida.com.

(i) Communications Service Authorization (CSA) – Order from Eligible User requesting a SUNCOM Service placed through the CSAB System(s), authorizing its installation/implementation and implicitly or explicitly acknowledging the associated Eligible User payment obligations.

(j) Communication Service Provider – Entity providing communications services, circuits, hardware or software within the State of Florida.

(k) Connection – A link between two devices or networks to facilitate Electronic Communications.

(l) Customer – An entity that is a qualified Eligible User and has accepted access to the CSAB System, has ordered, retains usage of or is paying for a SUNCOM Service. In instances where different entities order, use or pay for a specific SUNCOM Service, the using entity is considered to be the Customer.

(m) Customer’s Physical Network – All of the devices, software and circuits facilitating the Customer’s Electronic Communications in one location. The Customer’s Physical Network ends at the point(s) where it is connected to any circuits provided by SUNCOM, a Communications Service Provider or any public network.

(n) Custom Network Solution – A Network Solution that is designed for a Customer using communications and network resources not provided by SUNCOM.

(o) Department – The Florida Department of Management Services.

(p) Electronic Communications – The exchange of electronic information between networks and/or devices including voice, data, video and multimedia using physical, virtual and/or wireless transport methods.

(q) Eligible User – Qualifying user of SUNCOM Services including state agencies, county and municipal agencies, public schools and districts, private, nonprofit elementary and secondary schools (provided they do not have an endowment in excess of $50 million), state universities, community colleges, libraries, water management districts, state commissions and councils, and nonprofit corporations. Any entity ordering or using or paying for a SUNCOM Service must be an Eligible User.

(r) Exemption Request – A request from Required Users seeking Department approval to use Network Solutions that are not provided through SUNCOM.

(s) Maintenance – Activity to ensure the ongoing availability of a Network Solution through replacement of parts, software patches and associated services without expanding the scope, functionality, volume by more than 10% over the volume that was approved by the Department, or changes to the architecture of the Network Solution.

(t) Network Equipment – Any device or circuit that establishes Physical or Virtual Connections from within the Customer’s Physical Network to networks or devices outside of the Customer’s Physical Network to facilitate communications on behalf of Communications Devices or other Network Equipment. A Communications Device, regardless of its primary use, shall be classified as Network Equipment if it also performs this Network Equipment function.

(u) Network Service – Any service that includes establishment of Physical or Virtual Connections from within the Customer’s Physical Network to networks or devices outside of the Customer’s Physical Network to facilitate communications on behalf of Communications Devices or Network Equipment. This also includes any services to install, configure or manage Network Software or Network Equipment.

(v) Network Security – The protection of network topologies and associated services from unauthorized modification, destruction, or disclosure and the reassurance that the network performs its critical function without harmful side effects and retains its integrity, availability and predictability.

(w) Network Software – Any software that establishes Physical or Virtual Connections from within the Customer’s Physical Network to networks or devices outside of the Customer’s Physical Network to facilitate communications on behalf of Communications Devices or Network Equipment.

(x) Network Solution – Use of Network Equipment, Network Software and/or Network Services to meet a Business Objective.

(y) Network Solution Replacement Declaration – A commitment from a Customer to replace a Custom Network Solution with a SUNCOM solution by a specific date.

(z) Notice of Security Concern – A statement warning the Department that a condition exists that may violate the Department Security Standards.

(aa) Physical Connection – Hardware and/or circuit used to establish and/or maintain a Connection.

(bb) Portfolio of Services – The electronic publication located on the official Web site of the Department defining SUNCOM contemporary Services and providing the latest associated technical standards based upon current SUNCOM contracts, modern industry standards, new software and hardware releases, recent security threats, and/or technological improvements. The Portfolio shall also provide sample templates for requests and notices to the Department as they become available. The Web site address is: http://dms.myflorida.com/cits/portfolio_of_services.

(cc) Required User – All state agencies and state universities mandated to use SUNCOM in Section 282.703, F.S.

(dd) Sanctioned Filtering – A configuration of a Network Solution designed to protect a network from Unauthorized Activity that has been evaluated in accordance with the process under subsection 60FF-3.004(3), F.A.C., and approved by the Department in accordance with the standards under Rule 60FF-3.004, F.A.C.

(ee) Security Breach – Any instance where Florida government data or software is accessed or becomes accessible to unauthorized parties or instances where the resources owned or leased by Florida government entities, their partners or vendors are rendered inoperable, unavailable or impaired due to actions of an unauthorized party.

(ff) Security Exposure – Any condition that is in violation of Rule 60FF-3.004, F.A.C., Network Protection Standards for State Network, or may lead to a Security Breach.

(gg) State Intranet – That portion of the SUNCOM network protected from other networks or the Internet via the State Firewall maintained or sanctioned by the Department.

(hh) State Network – The entire SUNCOM offering including the State Intranet, extranet from the State Intranet, virtual private network connections through the State Intranet and all portions of the SUNCOM infrastructure regardless of whether it is leased or owned by the Department. This includes the private and public portions and the portion in between the private and public portions.

(ii) Sub-network – Network established by Customers within, or attached to, the broader State Network that is maintained by the Department.

(jj) SUNCOM Provider – Communication Service Provider authorized by the Department to sell, deliver, configure and/or maintain hardware, circuits, software and/or services under the SUNCOM name to SUNCOM Customers. SUNCOM Providers must be in compliance with all applicable laws, including rules or regulations promulgated by the Florida Public Service Commission and the Federal Communications Commission if the SUNCOM Provider is a Communication Service Provider regulated by these agencies.

(kk) SUNCOM Services – Network Equipment, Network Services, Network Software, Communications Devices or the configuration or management of any of these obtained, secured or provided by the Department and rendered into services that are made available to Customers by the Department or SUNCOM Providers under agreements with the Department.

(ll) System Failure – Any condition where Florida government Electronic Communications are impaired or inoperable.

(mm) Traffic – Flow of Electronic Communications over Network Hardware and circuits.

(nn) Traffic Monitoring – Information collected regarding communications over the State Network including destination/source address, volume, pattern, and date and time information that may be recorded and analyzed by the Department for any given session.

(oo) Unauthorized Access – Any sign-on and/or log-on activity accessing any part of the State Network and/or connected devices performed by an Unauthorized User.

(pp) Unauthorized Activity – Unauthorized Access to, Unauthorized Connection to, Unauthorized Traffic on and Unauthorized Use of the State Network.

(qq) Unauthorized Connection – Any virtual private network, private virtual circuit, extranet and/or point-to-point connection to the State Network that has not been disclosed to and recorded by the Department.

(rr) Unauthorized Traffic – Any communications transported across the State Network that is not directly relevant to state business and/or that is directed to or from an Unauthorized User.

(ss) Unauthorized User – Individual user not affiliated with and authorized by a current Customer of SUNCOM who is using the State Network.

(tt) User – Person authorized, through an user identification and password, to enter and/or see data in any Department of Management Services electronic system for establishing, maintaining, monitoring, auditing or accounting for SUNCOM services.

(uu) Virtual Connection – The configuration or use of software to establish and/or maintain a Connection.

(2) Other terms shall have their commonly understood meanings.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08.

Fla. Admin. Code R. 60FF-1.003 Establishing and Maintaining Eligibility for Non-Required SUNCOM Customers

Eligible Users that are not Required Users must submit an electronic mail request to customerservice@dms.myflorida.com, provide the associated information necessary to prove eligibility and agree to the provisions of these rules and SUNCOM policies and procedures prior to becoming a Customer.

(1) Once designated by the Department as eligible, Eligible Users have the obligation to maintain knowledge of statutory eligibility requirements, verify their ongoing eligibility and notify the Department upon loss of eligibility.

(2) If the Department discovers that an Eligible User no longer qualifies in accordance with Sections 282.701-.707, F.S., the Department shall declare an Eligible User ineligible.

(3) The acts of an entity to establish an account in the CSAB System(s) or accept SUNCOM Services is considered acknowledgement by the entity of these eligibility requirements and is a declaration that the entity is eligible in accordance with Sections 282.703-.707, F.S.

(4) The registration process in the CSAB System(s) will consist of the following:

(a) Upon first login of the Authorizing Official (User), the User will be prompted with a statement akin to the following: By ordering SUNCOM Services, the User acknowledges:

All requirements of Chapter 282, F.S., and the rules, policies and procedures of the Department;
Responsibility to pay for ordered services until cancelled by the User;
That the resale of any SUNCOM service to a non-Eligible User is expressly prohibited;
Responsibility to notify the Department upon any change in eligibility within thirty days of status change;
That telephone numbers and electronic addresses provided by the Department as part of the SUNCOM Service offering belong to the Department and upon termination of the SUNCOM service cannot be transferred to another entity without the Department’s expressed written consent.

(b) The potential Customer will be asked to Accept or Decline these terms and conditions.

(5) Accepting these terms will allow the Customer to provide a profile in the CSAB System including:

(a) Category of Organization as pertains to eligibility: County, City, Non-Profit, Education, Library, Contractor, etc.

(b) If the User is a Contractor, additional information is required before use of the CSAB System is possible: State Agency, County or City government the Eligible User has a contract with, Contract Number, Expiration Date, Contract Administrator (must be state, county or city government employee), Telephone Number of Contract Administrator, Email Address of Contract Administrator.

(6) Declining these terms will result in a statement akin to the following: Acceptance is required for the use of SUNCOM Service. Please contact your local SUNCOM Representative with questions or concerns at: 866-MY-DMS-IT.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08.

Fla. Admin. Code R. 60FF-1.004 Standards for Submitting Requests, Notices and Declarations to the Department

(1) All of the following formal submittals to the Department shall comply with the standards of Rule 60FF-1.004, F.A.C.:

(a) Notices of Security Concern;

(b) Parts I and II of Exemption Requests;

(d) Network Solution Replacement Declarations.

(2) Customers shall use one of the following means of making submittals:

(a) Through the provisions of the CSAB System or;

(b) Via electronic mail with attachments to SUNCOMRequests@dms.myflorida.com with the title of the submittal and the name of the Customer in the Subject line. Note that if the request contains sensitive information, use of electronic mail may pose security risks.

Department of Management Services

SUNCOM

Attention: Submittal Processing

4030 Esplanade Way

Tallahassee, Florida 32399-0950

(3) The Customer shall provide the following standard information with all submittal packages.

(a) SUNCOM account number;

(b) The Customer account number;

(d) The submittal author’s name and contact information;

(e) The name and contact information of the person who is an employee of the Customer holding a full-time position who shall speak on behalf of the Customer and shall be available to answer related questions.

(f) Category of service the submittal pertains to (e.g., Voice, Data, Conferencing, Wireless).

(4) Submittals shall use common practices of readability including tables of contents where appropriate, headings, executive summaries or cover letters, proper grammar and spelling. Recommended examples shall be provided through the Portfolio of Services as they become available.

(5) Single submittals that describe the same conditions in multiple locations or describe conditions that are repeated in multiple events over time shall be accepted by the Department in lieu of multiple submittals if all of the locations, events and timing of the events are named in the submittal.

(6) The Department will protect any information contained in these submittals in accordance with exemptions to Chapter 119, F.S.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08.

Fla. Admin. Code R. 60FF-1.005 Customer Notice of Security Concern Regarding a Network Solution

(1) All Customers shall submit a Notice of Security Concern Regarding any Network Solution that is in use, or the Customer intends to use, and not in compliance with Rule 60FF-3.004, F.A.C. This requirement to submit a notice is not obviated by the submittal of a corresponding notice by a vendor.

(2) All vendors selling or implementing Network Solutions that are not provided as a part of SUNCOM services for use by SUNCOM Customers shall submit a Notice of Security Concern to the Department and the purchasing Customer prior to entering into associated agreements or contracts, or accepting associated purchase orders if prior to impending engagement or during engagement, the vendor is aware that Network Solution is not, or is not expected to be in compliance with Rule 60FF-3.004, F.A.C. This requirement to submit a notice is not obviated by the submittal of a corresponding notice by a Customer.

(3) The Notice of Security Concern Regarding a Network Solution shall:

(a) Follow the submittal standards established under Rule 60FF-1.004, F.A.C.;

(b) Contain a description of the Network Solution;

(c) Contain descriptions of all the circumstances where the Network Solution does not comply with Rule 60FF-3.004, F.A.C., and;

The security measures currently in place to address the Security Exposures and;
The security guidelines that have been made available from the Network Solution provider to Customer, and measures that are and expected to be in place to address the Security Exposures and;
Highlighted liability provisions that are applicable to these security conditions in complete copies of the related contracts, agreements and purchase orders.

(d) Contain a statement specifying how long the Customer intends to use the Network Solution.

(4) Customers and vendors using or implementing Network Solutions that are in violation of Rule 60FF-3.004, F.A.C., shall provide the Department the following:

(a) All related information requested by the Department.

(b) Upon request from the Department, all the cooperation, access and authorities described in Rule 60FF-3.006, F.A.C.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08.

Fla. Admin. Code R. 60FF-1.006 Required Users: Replacement Declarations and Terminations for Existing Network Solutions that are Not Provided through SUNCOM

History

Rulemaking Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-25-08, Repealed 12-22-15.

Fla. Admin. Code R. 60FF-1.007 Required Users: Criteria for Obligation to Submit Exemption Requests for Custom Network Solutions

(1) All Required Users must obtain Exemptions from the Department to use Custom Network Solutions when the Custom Network Solution is not provided through SUNCOM under the following conditions:

(a) The Required User seeks to implement the new Custom Network Solution or;

(b) The Required User seeks to continue use of an existing Custom Network Solution later than December 31, 2008, under the following conditions:

A previous Exemption had not been granted by the Department through a Communication Purchase or Lease Authorization (CPLA) or Exemption Request for the Network Solution. Required Users shall submit these Exemption Requests on or before September 30, 2008.
A previous Exemption had been granted by the Department through a Communication Purchase or Lease Authorization (CPLA) or Exemption Request for the Network Solution and the current contract terms will expire later than July 1, 2008, and the Customer intends to continue services, use software or obtain hardware related to the Network Solution for any purpose other than Maintenance. Use of any associated Network Solution requires an Exemption before establishing a new contract, contract renewal, contract extension, contract amendment, major upgrade or replacement purchase, for any purpose other than Maintenance.

(2) Upon identifying a Business Objective requiring a new or continuation of a Custom Network Solution and before seeking exemptions in accordance with Rule 60FF-1.008, F.A.C., Required Users shall discuss the Required User’s need with the Department to find out if SUNCOM’s existing or impending services, or a collaborative effort between the Department and the Required User, can accommodate the Business Objective.

(3) Exemption Requests shall be submitted prior to the procurement planning stage of any Custom Network Solution if the Network Solution was not established by contract prior to July 1, 2008.

(4) With exceptions for maintenance described in subparagraph 60FF-1.007(1)(b)2., F.A.C., exemptions are granted for periods no longer than the terms of the contract for the associated Network Solution.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08.

Fla. Admin. Code R. 60FF-1.008 Required Users: Part I Exemption Requests for Existing and Future Custom Network Solutions

Exemption Requests shall comply with submittal standards established under Rule 60FF-1.004, F.A.C., and shall include the following:

(1) A description of the Required User’s findings from the initial inquiry to the Department regarding the Required User’s needs in accordance with subsection 60FF-1.008(2), F.A.C.

(2) A description of the Business Objectives (to be) satisfied by the Custom Network Solution for which the Required User is seeking an Exemption. The description shall contain the same essential information the Required User used (shall use) to formulate the Required User’s proposed Custom Network Solution.

(3) A general description of the Custom Network Solution and technical means to achieve the Business Objectives for which the Required User is seeking an Exemption in sufficient detail for the Department to evaluate whether the Department can currently, or shall soon be able to, provide a comparable solution.

(4) The purpose of the Exemption Request indicating which of the conditions listed in subsection 60FF-1.007(1), F.A.C., is applicable.

(5) A statement explaining how long the Customer intends to use the Custom Network Solution. That statement must comport with the associated contract terms for the Network Solution.

(6) Descriptions of all the circumstances where the Custom Network Solution does not comply with Rule 60FF-3.004, F.A.C.

(a) If conditions exist where the Custom Network Solution does not comply with Rule 60FF-3.004, F.A.C., the Customer must submit a Notice of Security Concern in accordance with Rule 60FF-1.005, F.A.C.

(b) If the customer asserts that the Custom Network Solution is in compliance with Rule 60FF-3.004, F.A.C., the Customer must include the following statement: “The Network Solution described in this Exemption Request complies with Rule 60FF-3.004, F.A.C.”

(7) An explanation of the reasons the Required User is seeking the Exemption. The explanation should focus on how the Custom Network Solution and underlying technology satisfies the associated Business Objective in a manner that is superior to the most appropriate SUNCOM alternative.

(8) Verification that Part I of the Exemption Request has been authorized by the Chief Information Officer or the equivalent (if a CIO does not exist) for the Required User.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08.

Fla. Admin. Code R. 60FF-1.009 Required Users: Exemption Request Part IIA Providing a Business Case for Future Custom Network Solutions

Part IIA Exemption Requests must be submitted only by Required Users seeking to implement a new or expand a current Custom Network Solution that is not provided by SUNCOM and has been denied an Exemption based upon a Part I submittal. A Part IIA Exemption Request shall follow the submittal standards established in Rule 60FF-1.004, F.A.C., and consist of the following:

(1) Standard Part I content described in Rule 60FF-1.008, F.A.C., with any elaboration or corrections the Required User chooses to include.

(2) An explanation of any deficiencies in the Part I submittal that may have led to the denial and/or errors in the Department’s denial finding.

(3) The general expected timing of the milestones for implementing the solution.

(4) General descriptions of the Network Equipment, Software or Services comprising the proposed Custom Network Solution categorized using the following three categories:

(a) “Internal Resources” – Required User full or part-time staff, Required User owned Equipment and Software developed by the Required User.

(b) “Vendor(s) Resources” – Vendor provided Equipment, Software and Services.

(5) The procurement method expected to be used to obtain the Custom Network Solution such as: State Contract Number, Single Source, Invitation to Bid, or Request for Proposal.

(6) All of the projected one-time and recurring costs of the Custom Network Solution. This includes all of the costs of Network Services, Network Software and Network Equipment, project management, planning, consulting, procurement process, maintenance, required and expected upgrades, and miscellaneous costs associated with the entire project and ongoing usage of the Custom Network Solution.

If cost savings are considered to be among the benefits claimed in the Exemption Request, then Return on Investment (ROI) calculations must be included. The ROI calculations must include estimated net cost savings from the proposed solution using all of the estimated short and long-term costs of the solution. The calculation methods and assumptions must be in sufficient detail to allow for replication and shall consider the most appropriate SUNCOM option for mathematical comparison.

(7) Any subsequent supplementary documentation requested by the Department that will clarify or elaborate and is needed to properly evaluate the Required User’s Exemption Request.

(8) Verification that Part IIA of the Exemption Request has been authorized by the Chief Information Officer or the equivalent (if a CIO does not exist) for the Required User.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08.

Fla. Admin. Code R. 60FF-1.010 Required Users: Exemption Requests Part IIB Business Case for Existing Custom Network Solutions

Part IIB Exemption Requests must be submitted only by Required Users seeking to continue or renew use of a Custom Network Solution that is not provided by SUNCOM and has been denied an Exemption based upon a Part I submittal. A Part IIB Exemption Request shall follow the submittal standards established in Rule 60FF-1.004, F.A.C., and consist of the following:

(1) Standard Part I content described in Rule 60FF-1.008, F.A.C., with any elaboration or corrections the Required User chooses to include.

(2) An explanation of any deficiencies in the Part I submittal that may have led to the denial and/or flaws in the Department’s denial finding.

(3) A description, documentation and results of any previous requests to the Department seeking approval for the Customer to implement the Custom Network Solution.

(4) Descriptions of the Network Equipment, Software or Services comprising the Custom Network Solution categorized using the following three categories:

(a) “Internal Resources” – Required User full or part-time staff, Required User owned Equipment and Software developed by the Required User.

(b) “Vendor(s) Resources” – Vendor provided Equipment, Software and Services.

(5) All of the costs associated with using the Custom Network Solution. This includes all of the costs of Network Services, Network Software and Network Equipment, ongoing project management, planning, consulting, procurement process, maintenance, required and expected upgrades, and miscellaneous costs associated with the entire project and ongoing usage of the Custom Network Solution.

(6) The name and contact information for the entity that is providing the solution.

(7) All of the contracts and agreements associated with the Custom Network Solution.

(8) A description of the operational, financial and contractual consequences if the Custom Network Solution is to be replaced with the most appropriate SUNCOM alternative.

(a) Descriptions of the operational consequences shall describe how the Business Objectives are affected.

(b) Descriptions of the financial consequences shall include comprehensive cost data associated with the Custom Network Solution, supporting documentation and a demonstration of the calculation methods and assumptions for determining the consequences in sufficient detail to allow for replication.

(c) Descriptions of the contractual consequences shall include complete copies of the contracts with the relevant contract language highlighted and an explanation of how the language is relevant to the impact if the Custom Network Solution were replaced with a SUNCOM service.

(9) Verification that Part IIB of the Exemption Request has been authorized by the Chief Information Officer or the equivalent (if a CIO does not exist) for the Required User.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08.

Fla. Admin. Code R. 60FF-1.011 The Department’s Criteria for Evaluating Exemption Requests

The Department shall use the following combination of criteria in evaluating an Exemption Request:

(1) Availability of SUNCOM alternatives: The Department shall consider the current availability and expected ability of the Department to provide a viable, timely and cost effective alternative to the Custom Network Solution.

(2) Suitability of a SUNCOM solution: The Department will compare SUNCOM’s potential solution to the Custom Network Solution to determine if it can satisfy the Business Objective as well or better than the Custom Network Solution.

(3) Additional benefits from the SUNCOM solution: The Department shall consider any additional features or value provided by the SUNCOM solution that may go beyond the Business Objectives.

(4) Enterprise economies of scale: The Department will consider the additional bulk purchasing leverage and financial impact on the Department’s ability to achieve better prices for all of SUNCOM services resulting from implementing a SUNCOM solution.

(5) Ongoing costs to the Customer: The Department will consider the recurring cost difference between the Custom Network Solution and the SUNCOM alternative.

(6) The consequences of transition: The Department shall consider the operational, financial and contractual consequences if the Custom Network Solution is to be replaced with the most appropriate SUNCOM alternative.

(7) Compatibility of the Custom Network Solution with the State Network: The Department shall determine if the Custom Network Solution creates incompatibility with the State Network such that State communications or economies of scale shall be impaired. The complexity and cost of maintaining conditions where compatibility is sustained for a Custom Network Solution will be a factor in this determination.

(8) Security Impact on the State Network: The Department shall determine if the Custom Network Solution will comport with the Network Protection Standards for State Network established in Rule 60FF-3.004, F.A.C. The complexity and cost of maintaining conditions where security is sustained for a Custom Network Solution will be a factor in this determination.

(9) Congruity considerations:

(a) Congruity between the Required User’s Business Objectives and the associated Custom Network Solution: This criterion shall determine if the intended benefits of the Custom Network Solution satisfy the Required User’s Business Objectives.

(b) Congruity between the Required User’s estimated costs and the realistic resources required, market conditions and scope that drive costs: This criterion shall determine if the cost estimates are accurate.

(c) Congruity between the Required User’s estimated timing and the work effort required: This criterion shall determine if the milestones in Part IIA are realistic given the description of the Custom Network Solution.

(d) Congruity between the Required User’s expectations of the Custom Network Solution and the likelihood those expectations shall be or have been met: This criterion shall determine if the proposed technology described in Part IIA has been used before to satisfy equivalent Business Objectives and what is the likelihood of success based upon the scope, technological maturity and track-record of similar projects.

(10) Longevity of the Custom Network Solution: The Department will consider the life cycle of the solution and the length of time the Required User expects to use the Custom Network Solution.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08.

Fla. Admin. Code R. 60FF-1.012 The Department’s Responses to Exemption Requests

(1) The Department shall respond in writing within 30 days after Part I or within 45 days after Part II of an Exemption Request has been submitted. The Department shall render one of the following findings:

(a) The Exemption Request is approved.

(b) The Exemption Request is approved contingent upon certain conditions. Those conditions shall include the following where applicable:

Specified changes to the Custom Network Solution to address the Department’s security or compatibility concerns.
Unfettered monitoring of implementation of the Custom Network Solution by the Department to address the Department’s security or compatibility concerns.
Ongoing Department monitoring of use of the Custom Network Solution to address the Department’s security or compatibility concerns.
A commitment from the Required User to maintain certain compatibility and security related configurations and upgrades.
Specified changes to the Custom Network Solution to include a portion of SUNCOM services.
A commitment from the Required User to replace the Custom Network Solution with a SUNCOM alternative when a viable SUNCOM alternative becomes available. The Required User may submit another Exemption Request for consideration when the SUNCOM alternative becomes available.

An explanation of the Department’s reasoning behind the finding.
A general proposal and plan describing the SUNCOM service that will replace the Network Solution. The Department shall subsequently work with the Required User to develop a more detailed consensus plan and proposal for collaboratively implementing the SUNCOM alternative.

(d) The Department requires more information to render a conclusive finding. The Department will specify the information required and render a finding within 45 days from its submittal.

(2) If the Required User seeks reconsideration of a denial or a contingent approval of a Part I Exemption Request, the Required User may refine its submittal and submit Part II of the Exemption Request.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08.

Fla. Admin. Code R. 60FF-1.013 State Intranet Users: Clearance Requests Related to Interoperability and Security

(1) Clearance Requests must be submitted by SUNCOM Customers that are:

(a) Using the State Intranet and;

(b) Are not Required Users and;

(c) Are intending to initiate Network Solutions that result in the purchase or lease of Network Services, Network Software or Network Equipment and these network resources:

Make use of the Internet Protocol and;
Are not provided through SUNCOM.

(2) These Customers must follow the submittal standards established in Rule 60FF-1.004, F.A.C., to provide the following as a part of the Clearance Request:

(a) Address, city, state, zip code where the primary part of the Network Solution shall take place;

(b) Date that the Network Solution is to be implemented;

(d) Brief summary of Business Objectives;

(e) General descriptions of the Network Equipment, Software or Services comprising the Network Solution;

(f) If known at the time of submittal of the Clearance Request, the entity that is expected to provide the solution with contact information including: entity name, city, state, representative name, telephone number and electronic mail address;

(g) A “Customer Notice of Security Concern Regarding a Network Solution” in accordance with Rule 60FF-1.005, F.A.C., if the Network Solution creates any Security Exposures in violation of Rule 60FF-3.004, F.A.C.

(3) A statement must be included that the Customer shall commit to Rule 60FF-3.005, F.A.C., and be prepared to demonstrate this commitment by also making purchasing documents available to the Department.

(4) The Customer must provide any subsequent supplementary documentation requested by the Department that shall clarify or elaborate on the Network Solution and is needed to properly evaluate its potential impact on the State Intranet and its other Customers.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08.

Fla. Admin. Code R. 60FF-1.014 Department Response to Clearance Requests

(1) The Department shall evaluate the Customer’s Clearance Request for the following conditions:

(a) Compatibility of the solution with the State Network – If the Department determines that the Network Solution creates incompatibility with the State Intranet such that State communications or economies of scale shall be impaired, the Department shall request that the Customer modify its Network Solution accordingly. If the Network Solution cannot be modified to prevent the impairments, the Department shall deny the Clearance Request.

(b) Security Impact on the State Network – If the Department determines that the Network Solution shall not comport with the Network Protection Standards for State Network established in Rule 60FF-3.004, F.A.C., the Department shall request that the Customer modify its Network Solution accordingly. If the Network Solution cannot be modified to comport with Rule 60FF-3.004, F.A.C., the Department shall deny the Clearance Request.

(2) Clearance Requests that are denied shall result in one of the following:

(a) Re-submittal of another approach by the Customer.

(b) A proposal from the Department for an alternative approach that is in compliance.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08.

Chapter 60FF-2 State Communications Order Processing And Billing

Fla. Admin. Code R. 60FF-2.001 Order Process

(1) The Communications Service Authorization Process shall be as follows:

(a) Unless specifically authorized in writing by the Department, Customers shall initiate all requests for SUNCOM Services in the Communications Service Authorization Billing System or permit the Department to initiate them on the Customer’s behalf with the Customer’s consent through the CSAB System(s).

(b) Any transactions within the CSAB System(s) initiated by Customers that result in placement of an order shall be clearly marked with a label “Place Order.”

(c) Upon completion of a successful order placement, the CSAB System(s) shall attempt to send a confirmation via electronic mail to the electronic mailing address on file in the CSAB System for the Authorizing Official who placed the order.

(d) The Department shall review CSA requests, modify them if necessary, then satisfy them or process them for satisfaction by another party, or reject them based upon their compliance with these rules and compatibility with SUNCOM offerings. Each modification, major progressive step, rejection or satisfaction of the request shall result in electronic notification and/or readily apparent indicative changes in the CSA and/or Billing Data within the CSAB System(s).

(e) SUNCOM Providers shall use the CSAB System(s) or exchange data with the CSAB System in accordance with the Department data exchange standards, as the means of accepting SUNCOM service requests and shall expeditiously and accurately update status information regarding the SUNCOM Provider’s efforts to satisfy the request and/or make changes to the SUNCOM service.

(f) The CSAB System(s) shall be the foundation of the SUNCOM inventory of services obtained from SUNCOM Providers and Services consumed by Customers. Therefore, the CSA data shall be the basis for billing and audits verifying the accuracy of SUNCOM Provider charges to SUNCOM and SUNCOM charges to Customers.

(2) The Customer’s responsibilities in the order process shall be as follows:

(a) Register to Become a Customer – Eligible Users which are not SUNCOM Customers or Required Users must submit a request, provide the associated information and agree to the terms and conditions as described in Rule 60FF-1.003, F.A.C.

(b) Appoint and Maintain Authorizing Officials – The Customer shall appoint Authorizing Official(s) on behalf of the Customer and all of its subordinate entities (for which the Customer makes organizational and/or accounting distinctions). Multiple roles within the CSAB system(s) may be held by single or several individuals, as long as all of the roles available to Customers in the CSAB system(s), including the authority to appoint other Authorizing Officials, are performed by appointees of the Customer.

Each Customer shall have the sole responsibility to ensure that only its duly designated Authorizing Officials exercise the commensurate Customer authorities in the CSAB System(s) on the Customer’s behalf.
All Authorizing Officials are obliged to achieve and maintain understanding of their role(s) and associated authorities and functionality of the CSAB System(s) and SUNCOM processes to satisfy Customer requests and to invoice for services.

(c) Establish and Maintain Customer Accounts – Each Customer shall establish and maintain accurate and current data within the CSAB System(s) regarding the Customer’s profile, accounting information and Authorizing Officials.

(d) Place Orders – Absent a declaration to the contrary from the Department, the CSAB System(s) shall be the sole means for Customers to request or modify SUNCOM Services. In order to be considered a valid CSA, irrespective of the means of establishing it, a CSA must have a corresponding entry with a unique identification number in the Department electronic repository of CSA data and can only be established with consent from the Authorizing Official. CSAs are initiated through the following:

Direct entry of the associated data into the SUNCOM CSAB System(s) by the Authorizing Official.
Agreements between the Department staff and the Customer to establish CSAs on behalf of the Customer.
Electronic insertion of CSA data into the Department’s electronic repository of CSA data with consent from the Customer and the Department.

(e) Monitor Statuses and Inventories – All Customers are responsible for monitoring events and accessible inventories in the CSAB System(s) related to the Customer account(s) and services.

(f) Audit Invoices – Each Customer shall be solely responsible for auditing invoices to the Customer against the CSA data and ensuring that billings reflect the correct inventory and correct service charges, in accordance with SUNCOM prices, for the invoicing period.

(g) Adapt to System Enhancements – The Customer is responsible for keeping abreast of enhancements to and announcements regarding the CSAB System(s) and changing Customer processes in accordance with the changes to the CSAB System(s).

(h) Acknowledge the Primacy of CSAB Data – Because the CSAB System(s) is the foundation of the SUNCOM inventory of services consumed by SUNCOM Customers (when written agreements with SUNCOM Providers or Customers do not specifically exclude the CSA process) and the basis for invoicing to Customers for services, Customers must make good faith efforts to ensure that the data contained in the system(s) is accurate and presuppose its validity.

(3) The Communications Service Provider’s and SUNCOM Service Provider’s responsibilities in the order process shall be as follows:

(a) Accept the CSAB System(s) as the Means for Processing Service Requests – In all instances where agreements between the Department and SUNCOM Providers do not specifically exclude the CSA process, SUNCOM Providers shall accept CSA data from the CSAB Systems(s) as the basis for processing requests from the Department and SUNCOM Customers, and shall recognize the CSA data as the State’s acknowledgement of its payment obligations.

Any services originating from a CSA order shall be satisfied with a SUNCOM service if a corresponding SUNCOM service exists irrespective of any of the choices made by the Authorizing Official.
SUNCOM Providers shall not accommodate or satisfy requests for SUNCOM Services from entities that are not Eligible Users.
Communications Service Providers shall not accommodate or satisfy requests from Required Users for Network Equipment, Network Services or Network Software outside the CSA or Exemption Request processes unless an exception is explicitly granted by the Department or specified through an agreement between the Department and the Provider.
SUNCOM Providers shall not accommodate or satisfy requests for SUNCOM Services from Eligible Users outside the CSA process unless an exception is explicitly granted by the Department or specified through an agreement between the Department and the Provider.

If a SUNCOM Provider has been granted an exception to allow selling SUNCOM Services outside of the CSA process, the SUNCOM Provider will supply substantiating detail of said sales using the same standards as outlined in subparagraph 60FF-2.005(3)(b)2., F.A.C.

SUNCOM Providers shall not usurp processes or service request procedures intrinsic to the CSAB System(s) unless specifically authorized by the Department in writing.

a. The Department shall grant exceptions to the CSA and billing processes through contractual terms when the nature of the service or the limitation of SUNCOM’s current ability to accommodate the service through these processes require such exceptions in order to make the service available. However, the Department and the SUNCOM Provider shall commit to efforts to eliminate these exceptional conditions.

b. The Department shall grant other exceptions to the CSA process only when the need for a service constitutes an emergency as determined by a Department employee.

(b) Update the CSAB System(s) Accurately and Expeditiously – SUNCOM Providers shall use the CSAB System(s) or exchange data with the CSAB System(s) in accordance with the Department data exchange standards, to expeditiously and accurately update status information regarding the SUNCOM Provider’s efforts to satisfy a request.

(c) Acknowledge the Primacy of CSA Data – Because the CSAB System(s) is the foundation of the SUNCOM inventory of services obtained from SUNCOM Providers and services consumed by SUNCOM Customers (when agreements with SUNCOM Providers do not specifically exclude the CSA process) and the basis for invoicing SUNCOM Customers, SUNCOM Providers must make good faith efforts to ensure that the data contained in the system is accurate and presuppose its validity.

Absent clear evidence to the contrary, disputes regarding whether or not a compensable service has been rendered shall be determined by the existence of data in the CSAB System(s). This data shall verify that a CSA request had been issued and a compensable service had been rendered for the period corresponding to a SUNCOM Provider’s claim in order for the SUNCOM Provider to receive the associated payment.

(d) Fostering and Adapting to Enhancements to the CSAB System(s) – SUNCOM Providers are responsible for assisting the Department in efforts to enhance the system and changing SUNCOM Providers’ processes to facilitate enhancements.

(4) The Department’s responsibilities in the Order Process shall be as follows:

(a) Maintain the CSAB System(s) – The Department shall ensure the availability of the system to Customers and SUNCOM Providers in a manner consistent with the standard business needs of the Customer and SUNCOM Providers.

(b) Enhance the CSAB System(s) – The Department shall engage in continuous efforts, in partnerships with Customers and SUNCOM Providers, to enhance the CSAB System(s) to improve usability and enhance functionality.

(c) Inform the Customer – The Department shall expeditiously and thoroughly inform users of the CSAB System(s) of impending changes to functionality and interfaces for the purpose of enabling users to adjust their business processes accordingly and retain effectiveness when using the system(s).

(d) Train the Customer – The Department shall provide training to users of the CSAB System(s) pertaining to its functionality and the business processes intrinsic to the system(s) and the CSA and billing processes.

(e) Modify and Approve Customer Requests – In instances where the business process requires it, the Department shall expeditiously review CSA requests from Customers, modify them where appropriate, satisfy them or process them for satisfaction by another party or reject the CSA after communicating with the Authorizing Official regarding the reason.

(f) Acknowledge the Primacy of CSA Data – Because the CSAB System(s) is the foundation of the SUNCOM inventory of services obtained from SUNCOM Providers and services consumed by SUNCOM Customers (when agreements with SUNCOM Providers do not specifically exclude the CSA process) and the basis for invoicing provided to Customers for services, the Department must make good faith efforts to ensure that the data contained in the system is accurate and presuppose its validity.

History

Rulemaking Authority 282.702(2), 282.702(9) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08, Amended 3-2-17.

Fla. Admin. Code R. 60FF-2.002 Customer Responsibilities in Order Process

History

Rulemaking Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-25-08, Repealed 3-2-17.

Fla. Admin. Code R. 60FF-2.003 Communications Service Provider Responsibilities in Order Process

History

Rulemaking Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-25-08, Repealed 3-2-17.

Fla. Admin. Code R. 60FF-2.004 The Department’s Responsibilities in Order Process

History

Rulemaking Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-25-08, Repealed 3-2-17.

Fla. Admin. Code R. 60FF-2.005 SUNCOM Charges and Billing

(1) SUNCOM Charges to Customers.

(a) The Department provides SUNCOM invoices and invoicing detail to Customers electronically through the secure Web site: http://suncombilling.myflorida.com.

(b) Payment Processes –

To properly satisfy an invoice the Customer must provide complete information with the payment that is sufficient to ensure that the Department receives the credits and they are attributable to the correct invoice.
Customers who properly satisfy the invoice through the State accounting system (with a Journal Transfer) need not provide any other documentation to the Department.
Customers who properly satisfy the invoice through other electronic methods established by the State Chief Financial Officer need not provide any other documentation to the Department.
Customers properly satisfying the invoice via any other means shall send one copy of the summary element with the payment to:

Department of Management Services

Division of Telecommunications (SUNCOM)

Post Office Box 6448

Tallahassee, Florida 32314-6448.

Non-payment of the bill within 31 days from the date the invoice was printed shall result in a notice of nonpayment describing potential consequences of failure to make a timely payment in accordance with the provisions in paragraph 60FF-2.005(1)(d), F.A.C., and criteria in paragraph 60FF-2.005(1)(e), F.A.C.
Non-payment of the bill within 60 days from the date the invoice was printed shall result in a second notice of nonpayment warning the Customer of the potential consequences of failure to make a timely payment in accordance with the provisions in paragraph 60FF-2.005(1)(d), F.A.C., and criteria in paragraph 60FF-2.005(1)(e), F.A.C.
Non-payment of the bill within 90 days from the date the invoice was printed shall result in a third notice of nonpayment warning the Customer of the potential consequences of failure to make a timely payment in accordance with the provisions in paragraph 60FF-2.005(1)(d), F.A.C., and criteria in paragraph 60FF-2.005(1)(e), F.A.C.
Non-payment of the bill within 120 days from the date the invoice was printed shall result in a fourth notice of nonpayment warning the Customer of the potential consequences of failure to make a timely payment in accordance with the provisions in paragraph 60FF-2.005(1)(d), F.A.C., and criteria in paragraph 60FF-2.005(1)(e), F.A.C.

(d) The remedies and consequences for failure to make timely payment may include:

Prohibition on obtaining new SUNCOM services; and,
Suspension of services; and,
Use of debt collection processes to obtain payment; and,
Suspension of the services related to the unpaid invoices; and,
Suspension of all SUNCOM services to the Customer that has failed to make timely payment.

(e) The Department shall consider the following criteria in determining remedies for non-payment:

The length of time the invoice has not been paid; and
The existence of related legitimate and timely charge disputes from the Customer in accordance with subsection 60FF-2.005(6), F.A.C.; and,
The risk that the Customer will exist in the future as an ongoing operation and thus will be able to satisfy the debt in the future; and,
The size of the debt; and,
The Customer’s good faith commitments and efforts to satisfy the debt; and,
The public service ramifications from suspension.

(f) Disputing Charges – If the Customer disputes any of the charges on a SUNCOM invoice, the Customer shall submit a “charge dispute” via electronic mail to the following address: SUNCOMInv@dms.myflorida.com.

The electronic mail shall contain the following:

(I) The phrase “Charge Dispute-Invoice Number” followed by the name of the Customer in the subject line of the electronic mail.

(II) A detailed description of the dispute. The simplest and most effective description shall cite CSA data that indicates that the charge is unwarranted. Absent CSA data that supports the Customer’s claim, the description shall cite other documentation and provide a thorough rationale for the claim including an explanation regarding why the CSA data does not support the claim.

(III) Supporting attachments.

In spite of the Customer’s dispute of a portion of the charges, the Customer shall pay the entire invoice, including the disputed charges, and await resolution of the dispute and a subsequent credit from the Department.

(I) However, if the Customer makes a good faith determination that the disputed charge constitutes an onerous obligation and the Customer has a good faith belief that the charge is unwarranted, the Customer may withhold payment for the corresponding portion of the charge that is in dispute. If the Customer chooses to exercise this option, the Customer shall include a statement akin to the following in their charge dispute: “Because this disputed charge constitutes an onerous cost and the Customer is confident that the disputed charge is unwarranted, the Customer is withholding payment for the portion of the invoice related to the disputed charge.”

(II) The Customer shall never withhold payment for charges that are unrelated to the specific charge that is disputed. If an invoice includes disputed charges, the Customer must satisfy the invoice for an amount equal to the portion of the invoice that is not disputed.

Barring prohibitively complicated factors, the Department shall resolve the disputed charge within two billing cycles from the date of the charge notification.

(I) If the Department concurs with the Customer, the Department shall inform the Customer via a reply to the charge dispute via electronic mail and issue a credit for the amount of the dispute on the next amendable invoice.

(II) If the Department does not concur with the Customer, the Department shall inform the Customer and provide the rationale for its conclusion in a reply to the charge dispute via electronic mail.

(2) SUNCOM Provider Billing to the Department.

Barring the exceptions for contract terms described below, all of the following conditions apply to invoicing from SUNCOM Providers:

(a) SUNCOM Providers shall invoice the Department for all SUNCOM Services provided to SUNCOM and SUNCOM Customers.

(b) The Department shall invoice all SUNCOM Customers for all SUNCOM Services rendered.

(c) The Department shall pay SUNCOM Providers lump sums on behalf of all SUNCOM Customers for the entire amount of legitimate charges regardless of the payment status of SUNCOM Customers.

The Department shall solely determine when services shall be suspended to SUNCOM Customers for nonpayment in accordance with paragraph 60FF-2.005(1)(c), F.A.C.

(d) The SUNCOM Provider must make good faith efforts to render charges to the Department and SUNCOM Customers accurately.

Based upon a commensurate commitment from each SUNCOM Provider and the Department’s judgment that the SUNCOM Provider has made a good faith effort to invoice accurately, the Department shall choose “other remedy of the error” rather than request “a corrected invoice” as described in Section 215.422(3)(b), F. S., to reconcile invoicing errors. These remedies shall include use of Generally Accepted Accounting principles to identify errors and process credits.

(e) The SUNCOM Provider shall supply an unchangeable hand bill showing the official charge to the Department.

Through written agreement with the Department, the hand bill may consist of unchangeable electronic data.

(f) The SUNCOM Provider shall electronically supply detail substantiating the invoice.

When totaled, the substantiating detail must match and validate the hand bill and provide a thorough source of auditing and reconciling the basis for charges from SUNCOM Providers.
The electronic files containing the substantiating detail must include sufficient data to enable the Department to render invoices to SUNCOM Customers for their proportionate usage of the SUNCOM Services. That data must include: CSA number, Customer name and account codes, item, and amount of item. All other billing elements must be included as defined by the contract between the Department and the SUNCOM Provider, such as billing date, interval billed, and service specific detail.
The substantiating detail must be provided by using an Electronic Data Interchange format established by the Department and by sending to the following electronic mail address: ftppool.dms.state.fl.us.
Any electronic billing substantiation or detail data supplied by SUNCOM Providers that is not authorized by the Department as the means of accepting electronic substantiating detail data shall be considered supplemental aids to auditing or querying invoicing data and shall not comprise official payment obligations or substantiating detail.

(g) The date the invoice is received by the Department or the date the service was rendered, whichever is later, constitutes the billing date used as a basis for determining payment deadlines. Billing dates prior to the time when the associated service is rendered or billable service period is complete have no consequence on the Department’s payment obligation.

(h) Conflicting or mutually exclusive methods of billing to and collections from SUNCOM Customers are prohibited.

(i) SUNCOM Providers may invoice after the normal billing cycle for charges that were not adequately invoiced during the normal billing cycle.

The portion of the subsequent invoice that SUNCOM shall pay and seek from SUNCOM Customers shall be determined by the terms of the contract for the service.
If terms addressing subsequent billing do not exist in the contract for the service, the Department and the Customer shall pay only the amounts owed for the current fiscal year.

(j) Overcharges from SUNCOM Providers, including charges for services that should have been terminated in accordance with a Communications Service Authorization (CSA) or services that were not provided during the billing period that was billed, shall be refunded to the Department.

The portion of the overcharge that the SUNCOM Provider shall refund shall be determined by the terms of the contract for the service.
If relevant terms addressing overcharges do not exist in the contract for the service, the SUNCOM Provider shall credit an amount for the entire period the service was billed while the service was not available or for the period that it was billed after it should have been suspended in accordance with a Communications Service Authorization (CSA), whichever is greater.

(3) SUNCOM Provider Billing Directly to Customers.

(a) The SUNCOM Provider must be granted authority through its written contract with the Department in order to invoice SUNCOM Customers directly for SUNCOM Services.

(b) When the SUNCOM Provider invoices SUNCOM Customers directly:

The SUNCOM Provider must make good faith efforts to render accurate charges to SUNCOM Customers.
The SUNCOM Provider shall electronically supply to the Department complete and accurate detail substantiating all of the charges to SUNCOM Customers.

a. When totaled, the substantiating detail must validate the invoices to Customers and provide a thorough source of auditing and reconciling the basis for charges from SUNCOM Providers by including sufficient data to enable the Department to determine proportionate usage of the SUNCOM Customers.

b. Absent contract provisions with the Department that establish formats and exchange methods for the electronic substantiating detail file, the file must be provided using an Electronic Data Interchange format established by the Department and sent to the following electronic mail address: ftppool.dms.state.fl.us.

c. The Department is not obligated to provide the Customer copies of invoices or substantiation on behalf of the SUNCOM Provider. If the Department chooses to do so, it shall not be as a part of a normal practice, and any such data that the Department provides shall not constitute official obligations of the state.

(c) The Department has no obligation to assume payable commitments on behalf of SUNCOM or SUNCOM Customers in instances where a vendor or SUNCOM Provider submitted an invoice directly to a SUNCOM Customer. If the Department chooses to assume such commitments, it shall only pay the SUNCOM provider when the Customer makes an associated payment to the Department.

(d) SUNCOM Providers may invoice after the normal billing cycle for charges that were not adequately invoiced during the normal billing cycle.

The portion of the subsequent invoice that the Customer shall pay shall be determined by the terms of the contract for the service.
If terms addressing subsequent billing do not exist in the contract for the service, the Customer shall pay only the amounts owed for the current fiscal year.

(e) Overcharges from SUNCOM Providers, including charges for services that should have been suspended in accordance with a Communications Service Authorization (CSA) or services that were not provided during the billing period that was billed, shall be refunded to the Customer.

The portion of the overcharge that the SUNCOM Provider shall refund shall be determined by the terms of the contract for the service.
If relevant terms addressing overcharges do not exist in the contract for the service, the SUNCOM Provider shall credit an amount for the entire period the service was billed while the service was not available or for the period that it was billed after it should have been suspended in accordance with a Communications Service Authorization (CSA), whichever is greater.

History

Rulemaking Authority 282.702(2), 282.702(9) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08, Amended 3-2-17.

Fla. Admin. Code R. 60FF-2.006 SUNCOM Provider Billing to the Department

History

Rulemaking Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-25-08, Repealed 3-2-17.

Fla. Admin. Code R. 60FF-2.007 SUNCOM Provider Billing Directly to Customers

History

Rulemaking Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-25-08, Repealed 3-2-17.

Chapter 60FF-3 STATE NETWORK USAGE AND SECURITY

Fla. Admin. Code R. 60FF-3.001 Customer Access to State Long Distance Communications System

History

Rulemaking Authority 282.102(9) FS. Law Implemented 282.102(2), (8), (12), 282.103, 282.104, 282.105, 282.106, 282.107 FS. History–New 6-25-08, Repealed 3-2-17.

Fla. Admin. Code R. 60FF-3.002 Modifications, Additions, Reductions or Terminations to Existing SUNCOM Service Initiated by a Customer

The Customer of a SUNCOM Service is required to adhere to the appropriate technical specifications and procedures associated with the applicable service, as outlined in the Portfolio of Services. To obtain approval for any modifications, additions, reductions, or terminations of SUNCOM Services, the Customer shall follow the Customer Service Authorization (CSA) process, as described in Chapter 60FF-2, F.A.C., at least 45 days in advance of the requested effective date. Failure to provide notification for the termination or modification of a service in the Communications Service Authorization and Billing System (CSAB System) within the required time frame shall result in continued charges for the existing service.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08.

Fla. Admin. Code R. 60FF-3.003 Modifications, Additions, Reductions or Terminations to Existing SUNCOM Service Initiated by the Department

(1) The Department shall initiate changes or suspend a Customer’s SUNCOM service based on any of the following reasons:

(a) Discontinuation of a service offering by the Department.

(b) Lack of usage of the service by the Customer.

(d) A change to the service is required to maintain its compliance with appropriate technical specifications and procedures as outlined in the Portfolio of Services.

(e) A change to the service is required because the service offering has changed.

(f) The SUNCOM Provider supplying the service has changed.

(g) Violation of a security standard, as specified in Rules 60FF-3.004-.006, F.A.C.

(h) The Customer is no longer eligible for SUNCOM Services in accordance with Sections 282.703-.707, F.S.

(i) The Customer fails to pay for SUNCOM Services as described in subsection 60FF-2.005(3), F.A.C.

(2) When a change to a Customer’s service is required, the Department shall notify the Customer of required changes to the Customer’s service. If the Customer disputes the basis for the change or wishes to request an extension, the Customer shall respond within 30 days from such notice, with a written request to justify why the Department should not make the proposed change to the Customer’s service.

(a) If the Department denies the request, the Department shall enter the change into the CSAB System on behalf of the Customer and provide notification of its action to the Customer.

(b) If no response from the Customer is received by the Department within the 30-day period, the Department shall enter the change into the CSAB System on behalf of the Customer and provide notification of its action to the Customer.

(3) The terms of the applicable contract for the SUNCOM service shall be the basis for the Department’s notice obligation to vendors when requesting a change to a service. If the applicable contract fails to address these notice obligations:

(a) Discontinuance of services shall be implemented within one day from the date a request from the Department is issued.

(b) Modifications requiring no physical actions other than electronic changes implemented through remote devices or databases shall be implemented within one day from the date a request from the Department is issued.

(c) Modifications requiring physical actions shall be implemented within thirty (30) days from the date a request from the Department is issued.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08, Amended 5-19-22.

Fla. Admin. Code R. 60FF-3.004 Protection Standards for State Network

To protect the integrity, predictability and availability of state communications services, Customers shall adhere to the following security specifications and directives:

(1) Any configurations of Network Equipment, Network Software or Communications Devices that allow for Unauthorized Activity are prohibited.

(2) Absent written approval from the Department, the following are prohibited:

(a) Any non-SUNCOM connections to or from the State Intranet without SUNCOM managed or sanctioned filtering;

(b) Any configurations creating non-SUNCOM managed Virtual Connections to or from the State Intranet;

(d) Any configuration creating non-SUNCOM managed remote access Connections to or from the State Intranet; and

(e) Any non-SUNCOM managed equipment without two-factor authentication access. Authentication factors include, but are not limited to, something a person knows (e.g., password or personal identification number) and something a person has (e.g., cryptographic identification device or taken).

(3) To obtain approval for any of the conditions described in subsection 60FF-3.004(2), F.A.C., Customers shall submit a Notice of Security Concern Regarding a Network Solution in accordance with Rule 60FF-1.005, F.A.C. Additionally, if the Department does not keep a log for the Customer, the Customer shall maintain current 15-day log(s) for all of the Customer firewalls that connect any Customer Sub-network to any SUNCOM services outside of the Sub-network. The logs shall contain records for every transaction processed by the firewall with each record containing the following at a minimum:

(a) Source and destination ports contained in the transaction;

(b) Source and destination addresses contained in the transaction;

(4) The Department shall take several findings into consideration in determining whether or not to approve any of the conditions described in subsection 60FF-3.004(2), F.A.C. Those findings shall determine whether or not the Customer has in place:

(a) The appropriate and generally accepted processes for protecting the State Intranet;

(b) A modern firewall using contemporary tools and functionality for protecting the State Intranet;

(d) Monitoring activities and modern tools that are adequate for protecting the State Intranet;

(e) Ongoing transparent access available to the Department to the information necessary to verify paragraphs (a)-(d) and perform associated diagnostics.

(5) Customers shall not use or allow scanning tools, Traffic generating stress testing of applications or communications, or network topology discovery tools that automatically generate repeated contact with other nodes outside the Customer’s Sub-network or across the SUNCOM network without written authorization from the Department. Customers shall request authorizations via email through the SUNCOM Network Operations Center. If the Customer is requesting authorization of a repetitive activity, the request must comprehensively define the repetitive activity. Authorizations shall be granted based upon the Department verifying that:

(a) The activity shall not impair the capacity of SUNCOM circuits to accommodate communications traffic; and

(b) The initiator of the activity shall coordinate the timing and extent of the activity to minimize impact on the State Network and its Customers.

(6) The Customer’s Information Security Manager, as established by section 282.318(4), F.S., or the highest level information security official for the Customer, shall work with the Department to ensure that the Customer adheres to the Department’s security rules and any SUNCOM service requirement based on the appropriate technical specifications and procedures associated with the applicable service, as outlined in the Portfolio of Services.

(a) Customers shall adhere to all other applicable security requirements, including, but not limited to, chapter 282, F.S., and Rule Chapter 60GG-2, F.A.C.

(b) The Customer’s designees are responsible for:

Keeping any Unauthorized Traffic or Connection from traversing the SUNCOM network; and
Notifying the SUNCOM Network Operations Center (888-478-6266) immediately upon discovery, and in no case more than fifteen (15) minutes after, a Security Exposure (e.g., a virus, Denial of Service, worm, hoax email, discovery of hacking tools, or altered data) that impacts or has the potential to impact the State’s information resource is suspected or confirmed.

(7) Network Solutions obtained outside the official SUNCOM offering are subject to the Security Breach Protection provisions stated in Rules 60FF-3.004 through 60FF-3.007, F.A.C., and shall be documented by the Customer, as required in subsection 60FF-1.008(6), F.A.C., for Required Users or in Rule 60FF-1.013, F.A.C., for other Customers.

(8) SUNCOM communication Traffic shall be monitored by the Department’s Division of Telecommunications for Unauthorized Activity. The Department will report violations to the Customer having appeared to have facilitated the Unauthorized Activity as well as the appropriate authority with jurisdiction over associated prevention and enforcement, which shall include the Florida Digital Service, and be remedied through the provisions of Rule 60FF-3.006, F.A.C.

(9) The Customer shall provide documentation of network topology and configuration information to the Department during any related Network Security audits or during resolution or investigation of security incidents.

(10) Customers shall be responsible for resolving all Security Breaches, Security Exposures, and System Failures for conditions within the Customer’s purview and shall cooperate with the Department on SUNCOM resolution efforts through the provisions of Rule 60FF-3.006, F.A.C.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08, Amended 5-19-22.

Fla. Admin. Code R. 60FF-3.005 Security Breach Protection Provisions Required for Department Approved Use of Third Party Network Equipment, Services and Software

(1) All Customers of the State Intranet shall adhere to these requirements for any purchase or lease of Network Services, Network Software or Network Equipment through means other than SUNCOM Services.

(2) Any procurement solicitation, contract, purchase order or agreement for Network Services, Network Software, or Network Equipment through means other than SUNCOM Services must include the following:

(a) This phrase, “The vendor agrees to use of reasonable efforts to provide equipment, software and services in accordance with and adherence to Chapters 60FF-1 through 60FF-3, F.A.C.”

(b) This phrase, “The vendor shall assume one hundred percent (100%) liability for System Failures and/or Security Breaches that result from the violations of subsections 60FF-3.004(1) and (2), F.A.C., that are caused by the vendor provided network solution if the vendor has failed to inform, in accordance with Rule 60FF-1.005, F.A.C., the Florida Department of Management Services, the purchaser and parties who are implementing or accommodating implementation of the services, equipment or software described in this contract/purchase order/agreement.”

(c) This phrase, “The relative amount of liability for System Failures and Security Breaches shall be apportioned between the purchasing entity, the vendor and the Department when the cause of System Failures or Security Breaches are within the shared control of these parties in accordance with their respective fault.”

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08, Amended 5-19-22.

Fla. Admin. Code R. 60FF-3.006 Department Response to System Failures, Security Breaches and Security Exposures

(1) If there is a Security Breach, Security Exposure or System Failure resulting from implementation of Network Services, Network Software, or Network Equipment purchased or leased from sources other than SUNCOM by a Customer of the State Intranet, the Department’s Division of Telecommunications, in consultation with the Florida Digital Service, will take whatever action the Department deems necessary to protect the integrity, predictability and availability of the State Network and protect SUNCOM Customers following the escalation steps defined below:

(a) The Customer shall remedy any Security Breach, Security Exposure, or System Failure in coordination with the Department’s Division of Telecommunications and the Florida Digital Service.

(b) In the event that the Customer cannot remedy the Security Breach, Security Exposure, or System Failure, the Customer shall grant the Department access to, and, if deemed necessary by the Department control of any resources the Department declares to be related to the Security Breach, Security Exposure, or System Failure.

(c) Based on the Department’s determination that steps (a) and (b), above, have failed to resolve the Security Breach, Security Exposure, or System Failure in a manner that will protect the integrity, predictability and availability of the State Network and protect SUNCOM Customers, the Customer shall grant the Department exclusive control of any and all said Network Services, Network Software, or Network Equipment or, if deemed necessary, the Department will temporarily suspend SUNCOM Services to the SUNCOM Customer responsible for said Network Services, Network Software, or Network Equipment. In making its determination that steps (a) and (b) have failed, the Department shall consider the severity of the Security Breach, Security Exposure, or System Failure, the extent, timeliness, and effectiveness of the Customer’s resolution efforts and the findings described in subsection 60FF-3.004(4), F.A.C.

(d) The Department shall provide notice to the Customer prior to taking the actions described in paragraphs 60FF-3.006(1)(b) and (c), F.A.C.

(2) Government entities and associated vendors that are responsible for any and all said Network Services, Network Software, or Network Equipment shall grant the Department exclusive access to and control of any resources that the Department declares to be related to the Security Breach, Security Exposure, or System Failure, remedy thereto and ongoing prevention of recurrence.

(a) If the Department assumes exclusive control of these Network Resources, the Department shall grant staff authorized by the Customer unlimited opportunity to see information regarding the configuration, conditions and activities on the Network Resource.

(b) If the Department assumes exclusive control of these Network Resources, the Department’s Division of Telecommunications shall do so in consultation with the Florida Digital Service.

(3) If the Customer requests allowance for continuation of the primary conditions that led to the Security Breach, Security Exposure, or System Failure beyond the short term mitigation efforts, the Department will implement ongoing State Network protection requirements, such as implementing access controls to shared resources, isolation of the Customer’s Sub-network and special monitoring of the Customer’s Traffic and configurations.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08, Amended 5-19-22.

Fla. Admin. Code R. 60FF-3.007 SUNCOM Cost Recovery for System Failures and Security Breaches Caused by Third Parties

If there is a Security Breach, Security Exposure or System Failure that affects SUNCOM or any SUNCOM Customer, the providing vendor shall pay the Department damages. The amount of the damages shall be equal to the Department’s costs to resolve the Security Breach, Security Exposure or System Failure; repair consequential damage and establish protections to prevent recurrence. The Department’s costs shall consist of SUNCOM staff time and any equipment, expenses or vendor charges related to the effort.

(1) SUNCOM Average Hourly Rate shall be the basis for remuneration for SUNCOM staff time which is calculated using the following formula:

The total amount of Salary and Benefits appropriated to the budget entity responsible for SUNCOM under the current General Appropriations Act divided by the number of Full Time Equivalent labor hours from the same source (Full Time Equivalent positions times 2,080).

(2) The vendor shall also pay all costs associated with damages experienced by SUNCOM Customers affected by the System Failure, Security Exposure or Security Breach.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS History–New 6-25-08, Amended 5-19-22.

Fla. Admin. Code R. 60FF-3.008 Management and Distribution of State Numbers and Addresses

The Department, as the provider of the State Network, shall own, manage and establish standards for the communications addressing, directory services, and the state numbering plans for State computing and telephony communications and the State Network. This applies to the following:

(1) For all Internet Protocol Versions later than Internet Protocol Version Four, the Department shall distribute and/or authorize addresses to Customers of the network, and/or delegate management of subsidiary groups of addresses to Customers of the network. No Required User shall seek ownership or usage of any Internet Protocol addresses through any source other than the Department.

(2) For all phone numbers, regardless of when they were distributed, the Department shall distribute or authorize numbers to Customers, or delegate management of subsidiary groups of numbers to Customers.

(3) All private Internet Protocol Version Four addresses used on the State Intranet that are intended to be used outside the Customer’s Sub-network shall be registered with and approved by the Department of Management Services. Duplicate registrations will be found in favor of the first registrant.

(4) Upon request from the Department, Customers shall provide the Department with a full listing and usage status classification of all of the non-private numbers, addresses or series of numbers or addresses that are held, reserved, used by or scheduled for usage by the Customer.

(5) Telephone numbers and electronic addresses provided by the Department as part of the SUNCOM Service offering belong to the Department and cannot be given to another entity without the Department’s express written consent should the SUNCOM Service offering be suspended.

(6) Required Users shall cooperate with the Department’s efforts to carry out these responsibilities and other Customers shall cooperate with such efforts as they relate to the SUNCOM Services purchased by the Customers.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS History–New 6-25-08, Amended 5-19-22.

Fla. Admin. Code R. 60FF-3.009 Exemption for the Department of Education

The Department of Management Services exempts the Department of Education from the requirement to file Exemption Requests, as described in Chapter 60FF-1, F.A.C., for the purpose of acquiring, leasing, and utilizing broadcast communications equipment, facilities, and services that are used to carry out the responsibilities of the Department of Education under Section 1001.26, F.S.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (8), (12), 282.703 FS. History–New 6-25-08.

Fla. Admin. Code R. 60FF-3.010 Exemption for Computerized Traffic Systems and Control Devices

The authority of the Department of Transportation to acquire, lease, maintain and utilize communications equipment, facilities, circuits and services that facilitate traffic systems and control devices solely for the purpose of motor vehicle traffic control and surveillance, is hereby exempted from the requirement to use SUNCOM and the provisions of Rules 60FF-1.007 through 60FF-1.010, F.A.C.

(1) This exemption does not apply in any instance where the Department of Transportation’s communications equipment, facilities, circuits or services are put to use as tools in other operations of the Department of Transportation or do not comply with uniform system of traffic control devices adopted pursuant to Section 316.0745, F.S., even if these communications resources also carry traffic systems and control data.

(2) The Department of Transportation shall permit the Department upon request to audit activities exempted herein and provide the Department the associated information it needs to verify that the Department of Transportation’s communications resources to which this exemption applies are solely used for the purpose of motor vehicle traffic control and surveillance.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.702(2), (5), (8), (12), 282.703 FS. History–New 6-25-08.

Fla. Admin. Code R. 60FF-3.011 Florida State Government Listings

(1) The Department shall provide the State of Florida government listing information for all local commercial directories and coordinate the maintenance of government and personnel listing information on the state government Web site https://411.myflorida.com. The Department shall have final authority regarding State of Florida government listing publishing, format, distribution and standardization for all local commercial directories and on the state government Web site https://411.myflorida.com.

(2) Each Eligible User shall be responsible for submitting updated listing information through means provided by the Department on the state government Web site at https://411.myflorida.com, or by email to 411Assist@dms.fl.gov, or by writing to:

Department of Management Services

SUNCOM

Attention: Directory Records Listings Information

4030 Esplanade Way

Tallahassee, Florida 32399-0950

(3) Each Eligible User shall pay the expense for its listings in the local commercial telephone directories.

(4) Each Eligible User shall provide to the Department and continually maintain current information regarding primary and secondary contact persons with authority to present data regarding the Eligible User to the Department.

(5) Each Eligible User shall provide and maintain a contact person for escalation and response to complaints or inquiries regarding data respective to the organization and as required by the Florida Customer Service Standards Act, Section 23.30, F.S.

(6) To ensure that all State of Florida government listings in local commercial directories and the government and personnel listings on the State of Florida government Web site remain current, each Eligible User has a continuing duty to provide updated information to the Department throughout the calendar year. Each Eligible User shall submit notification requesting deletion of listings no longer applicable to the Eligible User concerned.

History

Rulemaking Authority 282.702(2), (9), 282.707(2) FS. Law Implemented 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08.

Chapter 60FF-4 Florida Statewide Law Enforcement Radio System

Fla. Admin. Code R. 60FF-4.001 Purpose; Definitions

(1) The purpose of this rule chapter is to establish procedures to allow public safety entities, as defined herein, to use the Statewide Law Enforcement Radio System (SLERS). Such use benefits State Law Enforcement and SLERS Partners and facilitates the efficient use of radio spectrum.

(2) The following terms are defined:

(a) Contractor – Entity under contract with the Department of Management Services (the Department) to provide the Statewide Law Enforcement Radio System.

(b) Encryption – Cryptographic transformation of data (“plaintext”) into a form (“cipher-text”) that conceals the data’s original meaning to prevent it from being known or used by unauthorized persons.

(d) Interoperability – A communication link within public safety and public service wireless communications systems which permits users from different entities to interact with one another and to exchange information in order to more effectively carry out their assigned missions.

(e) Interoperability Talk Groups – Talk groups established in the radio system for interagency communications within the Statewide Law Enforcement Radio System.

(f) Joint Task Force on State Agency Law Enforcement Communications – The board established in Section 282.1095, F.S., to advise the Department on the planning, designing, and establishment of SLERS.

(g) Joint Task Force (JTF) Agency – State law enforcement entities which are members of the Joint Task Force pursuant to Joint Task Force Board approval of applicants’ implementation plans and applicants’ acceptance of Board policies and standard operating procedures.

(h) MHz – Megahertz, or millions of cycles per second (a measure of radio frequency or channel).

(i) Security Manager – The individual appointed by the Joint Task Force on State Agency Law Enforcement Communications to be responsible for the security of the Statewide Law Enforcement Radio System, as well as any Alternate Security Manager or Deputy Security Manager appointed by the Joint Task Force on State Agency Law Enforcement Communications.

(j) Special Conditions – Any terms and conditions in the SLERS Partner Application and Agreement (Form No.DMS-SLERS-1, incorporated by reference in subsection 60FF-4.003(1), F.A.C.) for access to the Statewide Law Enforcement Radio System or written approval of application included to mitigate the impact of the SLERS Partner’s usage on other SLERS users.

(k) State Law Enforcement – Law enforcement agencies of state agencies and state universities.

(l) System Key – An electronic code applied to every radio in the radio system which prevents unauthorized radios from accessing the system.

(m) System Manager – The individual charged by the Department of Management Services with responsibility to manage the contract for the Statewide Law Enforcement Radio System and services.

(n) Talk Group – A logical grouping of radio users as defined in the radio system programming that can communicate together; a radio net.

(3) Other terms shall have their commonly understood meaning.

History

Rulemaking Authority 282.702(9) FS. Law Implemented 282.709 FS. History–New 5-11-08.

Fla. Admin. Code R. 60FF-4.002 SLERS Partner Classifications

(1) SLERS Partner – Public safety entities, other than Joint Task Force entities, which are eligible under Part 90 of the Federal Communication Commission’s rules to use spectrum allocated for public safety use, to which Contractor provides communications services on SLERS.

(2) SLERS Partners shall be classified as follows:

(a) Local First Responders – Agencies of local government providing law enforcement, fire, and emergency medical services.

(b) Other Public Safety User – Agencies of local government other than First Responders.

(c) Interoperability Users – Government agencies requiring communications with federal, state, or local government First Responders using the State interoperability talk groups. Interoperability Users use another radio system for their primary radio system; SLERS is a secondary system for these agencies.

(d) State Government Users – Non-JTF User agencies of state government.

(e) Federal Government User – Federal government entities which are authorized by the Department of Management Services pursuant to 47 C.F.R. § 90.179 and the provisions of this rule chapter.

(f) Affiliate User – Personnel that are task-assigned or liaison to a JTF Agency in direct support of the JTF Agency’s mission but are not a member of the JTF Agency shall be classified as JTF Agency under this rule chapter, provided that all communication on the system is in direct coordination with the JTF Agency User. Separate internal talk groups set up strictly for the use of a non-JTF Agency shall constitute eligible SLERS Partner use under this rule chapter. Such groups shall be subject to the same eligibility requirements and membership conditions as any SLERS Partner.

History

Rulemaking Authority 282.702(9) FS. Law Implemented 282.709 FS. History–New 5-11-08.

Fla. Admin. Code R. 60FF-4.003 Application and Approval Process

(1) Agencies wishing to use the Statewide Law Enforcement Radio System shall complete the SLERS Partner Application and Agreement for access to the Statewide Law Enforcement Radio System (Form No.DMS-SLERS-1), which is hereby incorporated by reference and available online at www.myflorida.com or by writing to: Statewide Law Enforcement Radio System, SLERS System Manager, Department of Management Services, 4030 Esplanade Way, Suite 180, Tallahassee, Florida 32399-0950.

(2) Upon receipt of the application, the Department of Management Services will within seven (7) days notify the Contractor that the application has been received. The Contractor will then submit a proposal to the applicant and, upon Contractor and the applicant reaching agreement, submit the proposed agreement to the Department.

(3) The proposed agreement shall contain the terms and conditions; term of subscription; number of radios and users, by phase if a phased implementation; radio coverage requirements; site usage; necessary frequencies and licensing; an overview of equipment including use of encrypted radios; talk group structure including the number of talk groups and use of interoperability talk groups, by phases of implementation if applicable; overview of network operation, maintenance and reporting; and an analysis of traffic load impact to the system. The proposed agreement must include a proposed Statement of Responsibilities which defines roles and responsibilities of the Contractor, the SLERS Partner and the Department. The proposed agreement shall include a projection of the applicant’s growth and impact on the system in terms of additional radio users expected through June 2021.

(4) After receipt of the proposed agreement, the Department will review it for compliance with Chapter 60FF-4, F.A.C., and for completeness of the information in subsection 60FF-4.003(3), F.A.C. The Department shall review the proposed agreement to confirm that:

(a) The applicant meets the definition of a SLERS Partner in subsection 60FF-4.002(1), F.A.C.;

(b) The proposed use of the system by the applicant in no way diminishes the State’s use of SLERS, other SLERS Partners’ use of SLERS and that the proposed use will not cause the hourly average waiting time per call to exceed 0.5 seconds at any site; and

(d) It does not conflict with the applicant’s or the State’s right to control its FCC licenses.

(5) The Department shall review the proposed agreement within sixty (60) days and provide the Contractor and applicant with recommendations, if any, regarding the proposed agreement and requested changes or additions to ensure compliance with subsection 60FF-4.003(4), F.A.C. The Department may request changes to the proposed number of radios and users, by phase if a phased implementation; changes in requested area of radio coverage and associated site usage; provision of frequencies to be added to accommodate the additional users; use of encrypted radios for identified groups of uses; and changes in the proposed talk group structure including the number of talk groups and use of interoperability talk groups, by phases of implementation if applicable.

(6) If in response to a proposal the Department requests an applicant to provide radio frequencies for the system, the applicant shall submit with the final proposal a letter to the System Manager listing the frequencies and authorizing their licensing and use.

(7) Upon satisfactory review of the proposed or amended agreement, the Department shall present the applicant to the Technical and Standard Operations Procedures Committees of the Joint Task Force on State Agency Law Enforcement Communications, and present the proposed agreement to the Joint Task Force on State Agency Law Enforcement Radio Communications for its comments. Following the Joint Task Force review and comments, if the Department makes recommendations regarding the proposed agreement, the Contractor shall prepare a final proposed agreement and re-submit the proposed agreement to the Department.

(8) Upon satisfactory completion of the procedures set forth in subsections 60FF-4.003(1)-(7), F.A.C., the Department shall authorize, in writing, SLERS Partner use of the system by the applicant. Such written approval may include special conditions for applicant’s use of SLERS. Special conditions for acceptance include limits on the approved number of radios and users; a phased implementation in concert with incremental growth of the radio system’s capacities, requiring the applicant to provide frequencies to be licensed to provide for system growth; use of encrypted radios for identified groups of uses; and specified talk group structure, by phases of implementation if applicable.

History

Rulemaking Authority 282.702(9) FS. Law Implemented 282.709 FS. History–New 5-11-08.

Fla. Admin. Code R. 60FF-4.004 Frequencies and Licenses

(1) SLERS Partners wishing to join the Statewide Law Enforcement Radio System shall contribute FCC-licensed or Florida 800 MHz FCC Region 9 Public Safety Plan Frequencies for use by the Statewide Law Enforcement Radio System during their term of membership. In order to ensure that the Department can be properly licensed by the FCC to incorporate such frequencies into the Statewide Law Enforcement Radio System, such SLERS Partners shall provide the Department with all relevant correspondence or consents demonstrating their agreement to relinquish them to the Department for the period of Statewide Law Enforcement Radio System use. SLERS Partners shall provide at least six (6) months minimum notice of their intent to leave the system before the contributed frequencies will be returned to the user. The Department is authorized, pursuant to Section 282.102(5), F.S., to apply for and obtain the licenses for the use of all such frequencies contributed to the system.

(2) In the case of Federal Government Users and State Government Users wishing to join the Statewide Law Enforcement Radio System but having no frequencies, the Department may require the subscriber to utilize dual band 700/800 MHz radios to supplement the Statewide Law Enforcement Radio System by accessing available frequency bands or to specify other Special Conditions for the subscriber in order to ensure that their equipment is compatible with and to avoid system usage that would cause the average waiting time per call to exceed 0.5 seconds at a site on the Statewide Law Enforcement Radio System.

(3) Interoperability Users will be exempted from the requirement to provide frequencies if the Department determines through an engineering evaluation that the subscriber will have a negligible impact on the Statewide Law Enforcement Radio System.

History

Rulemaking Authority 282.702(9) FS. Law Implemented 282.709 FS. History–New 5-11-08.

Fla. Admin. Code R. 60FF-4.005 Talk Groups

(1) The Department and SLERS Partner applicants shall work with the Contractor to devise a talk group structure that makes efficient use of available channels and meets operational needs of JTF agencies and SLERS Partners.

(2) The talk group structure and number of talk groups for each SLERS Partner shall be based on the number of available channels in its primary area of operations. The number of available channels used in planning shall include both the number of channels currently installed and channels that SLERS Partners are contributing.

(3) All First Responders shall have the interoperability talk groups in their radios unless there is an overriding operational or security reason for not including them.

(4) Interoperability Users will be limited to the interoperability talk groups.

History

Rulemaking Authority 282.702(9) FS. Law Implemented 282.709 FS. History–New 5-11-08.

Fla. Admin. Code R. 60FF-4.006 Security, Encryption Requirements, Radio Programming, and System Key Management

(1) Personnel background checks are required for non-Law Enforcement users who have access to the Interoperability Talk Groups used by State Law Enforcement unless previously conducted by their agencies.

(2) Encryption is required for access to the Interoperability Talk Groups used by State Law Enforcement but is otherwise at the option of the SLERS Partner.

(3) The Department and its contractors shall be responsible for all radio programming for SLERS Partners on the Statewide Law Enforcement Radio System. Distribution of the Encryption System Key (ESK) card shall be at the approval of the SLERS Security Manager.

(4) The Department and its contractors shall be responsible for installing the encryption for Interoperability Talk Groups for SLERS Partners on the Statewide Law Enforcement Radio System. The encryption key shall not be released by State Law Enforcement agencies, the Department and its contractors.

History

Rulemaking Authority 282.702(9) FS. Law Implemented 282.709 FS. History–New 5-11-08.

Fla. Admin. Code R. 60FF-4.007 Service and Maintenance Priorities

(1) If traffic loading at a site causes queuing of calls such that the busy hour average waiting time per call exceeds 0.5 seconds, the Department, in consultation with the Contractor and system users, is authorized to take measures to restrict system use. Such measures shall include: disabling of individual calling and telephone interconnect calling; patching of talk groups; disabling of talk groups; disallowing the addition of radios to the system; limiting usage to essential traffic only; or partitioning of channels. These measures will be employed when public safety emergencies result in heavier than normal radio traffic in an area and priorities must be invoked to ensure that essential radio communications can be maintained.

(2) Local First Responders will be granted call priorities equivalent to those granted to State Law Enforcement Users. All other SLERS Partners shall have lower call priorities.

(3) In no case shall any SLERS Partner be granted a higher priority for traffic or provided a faster response for maintenance than required for JTF Agency Users of the Statewide Law Enforcement Radio System.

History

Rulemaking Authority 282.702(9) FS. Law Implemented 282.709 FS. History–New 5-11-08.

Chapter 60FF-5 E911 Board

Fla. Admin. Code R. 60FF-5.001 Requirements for Sworn Invoices and Cost Recovery Proposals Submitted by or on Behalf of Wireless Service Providers

History

Rulemaking Authority 365.172(6)(a)11. FS. Law Implemented 365.173(2)(d) FS. History–New 12-20-09, Transferred to 60FF1-5.001.

Fla. Admin. Code R. 60FF-5.002 Rural County Grants

History

Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.173(2)(g), 365.172(9)(a), (b), (c) FS. History–New 12-7-08, Amended 10-19-09, 4-15-10, 10-27-10, Transferred to 60FF1-5.002.

Fla. Admin. Code R. 60FF-5.003 E911 State Grant Programs

History

Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.172(6)(a)3.b., 365.173(2)(i), 365.172(9)(a), (b), (c) FS. History–New 12-7-08, Amended 10-27-10, Transferred to 60FF1-5.003.

Fla. Admin. Code R. 60FF-5.004 Requirements for Fee Remittance Submitted by or on Behalf of Wireless and Non-Wireless Service Providers

History

Rulemaking Authority 365.172(6)(a)11., 365.172(8) FS. Law Implemented 365.172(8) FS. History–New 11-16-10, Transferred to 60FF1-5.004.

Fla. Admin. Code R. 60FF-5.005 Emergency Grants

History

Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.172(6)(a)3.b., 365.173(2)(g), 365.173(2)(i) FS. History–New 10-19-09, Amended 10-27-10, Transferred to 60FF1-5.005.

Fla. Admin. Code R. 60FF-5.006 Requirements for County Carry Forward Funds and Excess Funding

History

Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.173(2)(c) FS. History–New 10-6-09, Amended 10-27-10, Transferred to 60FF1-5.006.

Fla. Admin. Code R. 60FF-5.007 Requirements for T1 and Primary Rate Interface Fee Remittance Submitted by or on Behalf of Non-wireless Service Providers

History

Rulemaking Authority 365.172(6)(a)11., 365.172(8) FS. Law Implemented 365.172(8) FS. History–New 10-27-10, Transferred to 60FF1-5.007.

Chapter 60FF-6 State E911 Plan

Fla. Admin. Code R. 60FF-6.001 Purpose

(1) The purpose of this rule chapter is to prescribe necessary rules for implementing, coordinating and maintaining a statewide emergency Enhanced 911 communication system. It also prescribes the necessary procedures to be followed by an entity of local government for implementation of the Florida Emergency Communications Number E911 State Plan.

(2) Definitions:

(a) “Automatic location identification” (ALI) – The capability of the E911 service which enables the automatic display of information that defines the approximate geographic location of the wireless telephone, or the location of the address of the wireline or VoIP telephones, used to place a 911 call.

(b) “Automatic number identification” (ANI) – The capability of the E911 service which enables the automatic display of the service number used to place a 911 call.

(c) “Customer Premises Equipment” (CPE) including communications or terminal equipment located at a PSAP for 911 call processing and answering.

(d) “Enhanced 911” (E911) – A telephone system which includes network switching, data base and Public Safety Answering Point premise elements capable of providing automatic location identification data, selective routing, selective transfer, fixed transfer, and a call back number.

(e) “Master Street Addressing Guide” (MSAG) – The database of street names and number ranges used to define unique addresses recognized for public safety agencies response to 911 calls.

(f) “Public Safety Answering Point” (PSAP) – A public safety agency answering point that receives incoming 911 calls for dispatching of appropriate public safety agencies to respond to the 911 calls.

“Primary PSAP” – An answering point that has 911 calls routed directly from an E911 control office, 911 selective router, or directly from the service providers.
“Secondary PSAP” – An answering point that receives 911 calls transferred from a primary PSAP for the purpose of handling public safety agency calls. A secondary PSAP receives transfers of the voice, ANI, and ALI data for 911 calls from primary PSAPs.

(g) “Teletypewriters” (TTY) – A telecommunications device for the deaf that permits typed telephone conversations with or between deaf, hard of hearing, or speech impaired people.

(h) “Uninterruptible Power Supply” (UPS) – A device designed to provide a continuing source of power without regard to the interruption or loss of commercial power.

(i) “Department” – The Department of Management Services (DMS).

History

Rulemaking Authority 365.171(4) FS. Law Implemented 365.171(4), (10) FS. History–New 2-17-11.

Fla. Admin. Code R. 60FF-6.002 County E911 Plan Compliance

(1) Each County E911 plan shall include:

(a) System Summary including identification of all public safety agencies (law enforcement, fire protection, emergency medical, and rescue agencies), within the boundaries of the 911 system including PSAPs, government agencies, type of systems and service providers and any major distinguishing features.

(b) System Management including a brief description of how the system is presently being or will be managed.

(c) Agreements including briefly described agreements between PSAPs (inter-local agreements) and counties (regional agreements).

(d) System definition section defining each PSAP and its equipment compliance with the technical and operational standards in Rule 60FF-6.005, F.A.C., and shall include the number of answering positions, total staff and the number of incoming trunks.

(e) Call handling section defining how each PSAP handles calls intended for each emergency service agency within its jurisdiction.

(f) System serving area showing each PSAP, each central office area, central office overlap areas. This information will not be posted on the State E911 Web site with the County E911 plan.

(g) PSAP 911 Trunk Network, a functional diagram, showing the routing of calls from the various central offices and other E911 circuits to the various PSAPs. This information will not be posted on the State E911 Web site with the County E911 plan.

(2) All E911 systems shall conform to Rule 60FF-6.005, F.A.C. Should an entity of local government desire to alter its system, it shall seek prior approval in accordance with Section 365.171(9), F.S. The request shall be submitted in writing to the Statewide 911 Coordinator, including identification of PSAP(s)/agencies, new equipment and quantities, delete equipment and system cost.

(a) If said request is approved, the Department of Management Services shall thereupon deliver written notification thereof to the requesting entity.

(b) If said request is denied, the Department of Management Services shall thereupon deliver written notification thereof to the requesting entity, setting forth therein the specific reasons for said denial.

(3) The existing county E911 plan shall be modified to reflect the expansion and changes, and each change shall be clearly noted.

(4) Final county E911 plan approval must be obtained prior to the system becoming operational. Once a system is operational; an entity can submit a written request to the statewide 911 coordinator for a certification inspection of its respective E911 system as meeting the minimum technical and operational standards in subsection 60FF-6.002(1) and Rule 60FF-6.005, F.A.C.

History

Rulemaking Authority 365.171(4), (9) FS. Law Implemented 365.171(4), (10) FS. History–New 2-17-11.

Fla. Admin. Code R. 60FF-6.003 Request for Certification of Compliance

(1) A certification inspection will determine if the E911 systems operated or planned to be operated by entities of local government meets the minimum technical and operational standards in subsection 60FF-6.002(1) and Rule 60FF-6.005, F.A.C., so that an established minimum standard of service is available to citizens within any given E911 serving area. Entities of local government shall coordinate closely with Department of Management Services’ personnel in the development of their respective E911 systems per Rule 60FF-6.002, F.A.C.

(2) A DMS representative will coordinate the scheduling of inspections with county 911 coordinators.

(3) Upon completion of the inspection, the statewide 911 coordinator will send to the county 911 coordinator a list of all PSAPs that have passed the inspection and or a list of all PSAPs that have deficiencies. Any deficiencies will be explained and if applicable, specific directions detailing how to correct deficiencies will be included. DMS will rely on the county 911 coordinator and PSAP supervisors to make the necessary corrections. Upon receipt of written correspondence from the county 911 coordinator stating that corrections have been made, DMS will add the newly approved PSAP(s) to the list of certified PSAPs.

(4) PSAPs that pass the inspection of the minimum technical and operational standards in subsection 60FF-6.002(1) and Rule 60FF-6.005, F.A.C., will be certified as compliant with the State E911 Plan pursuant to Section 365.171(10), F.S.

History

Rulemaking Authority 365.171(4) FS. Law Implemented 365.171(4), (10) FS. History–New 2-17-11.

Fla. Admin. Code R. 60FF-6.004 Florida Emergency Communications Number E911 State Plan Administration Rule

(1) The Board of County Commissioners in each county is established as the responsible fiscal agent. The funds collected and interest earned are appropriated for E911 purposes by the county commissioners for the County 911 system and operations. Ultimate responsibility and authority within a county for the E911 System rests with the Board of County Commissioners.

(2) The only advertised emergency number shall be 911. This shall include emergency numbers on public safety vehicles, stickers, signs and telephone directories. Specifically, the only advertised emergency number for Teletypewriters (TTYs) shall be 911. All other listed or advertised telephone numbers shall be designated as non-emergency or other important numbers.

(3) County 911 Coordinator.

(a) The Board of County Commissioners shall designate a knowledgeable individual as its county 911 coordinator. This individual is responsible for coordinating the E911 program within their county, who will serve as a single point of contact with the Department for all E911 related issues. The Board of County Commissioners shall provide written notification to the Statewide 911 Coordinator when a new county 911 coordinator has been designated.

(b) The county 911 coordinator must make critical infrastructure investment recommendations to the Board of County Commissioners. This individual must provide the expertise needed to ensure the county complies with all state and federal laws and rules affecting E911. The county 911 coordinator is responsible for assembling all cost data and determining the amount of necessary funding. The county 911 coordinator shall advise the county commissioners so that appropriate fiscal measures can be adopted by the Board of County Commissioners to fully fund the county’s E911 system. Annual E911 financial information updates shall be provided by the Board of County Commissioners to the Florida E911 Board and DMS.

(c) The county 911 coordinator must implement countywide systems and standards that meet or exceed technical and operational standards in Rule 60FF-6.005, F.A.C. This individual shall coordinate E911 infrastructure-related activities among all emergency service agencies and equipment/service providers to ensure that the system performs smoothly, reliably, and efficiently in concert with statewide emergency communication objectives. This position must ensure the maintenance and functionality of the county’s E911 system on a 24 hours per day, 7 days per week basis. The county 911 coordinator is responsible for database and Master Street Addressing Guide management, maintenance and error resolution. County 911 Coordinators must determine the best procedures to accommodate changing technological environments and provide the best 911 service that can be provided, on a 24 hours per day, 7 days per week basis.

(d) The county 911 coordinator shall evaluate the equipment and security at the county PSAP(s) to determine that all items meet or exceed those standards in Rule 60FF-6.005, F.A.C., and that they are operational. The county 911 coordinator, or designee, is required to accompany the DMS inspector to the PSAP(s) being inspected.

History

Rulemaking Authority 365.171(4) FS. Law Implemented 365.171(4), (10) FS. History–New 2-17-11.

Fla. Admin. Code R. 60FF-6.005 Florida Emergency Communications Number E911 State Plan Technical and Operations Rule

(1) Public Safety Answering Point.

(a) Each 911 primary PSAP shall operate 24 hours a day, seven days a week.

(b) All primary PSAPs shall be staffed with an adequate number of answering positions to ensure that a minimum of 90 percent of voice calls shall be answered within 10 seconds of call arrival at the PSAP and 20 seconds for Teletypewriter (TTY) calls. All secondary PSAPs shall also meet this standard.

(c) The county 911 coordinator must anticipate and consider increases in emergency call volume. A determination must be made as to whether the existing staff can handle an increased work load and still meet the technical standards in paragraph 60FF-6.005(1)(b), F.A.C. If not, additional call taker positions and staff must be added. It is the responsibility of the county 911 coordinator to evaluate the situation and take appropriate action to assure adequate staffing. Criteria shall include busy hour call volume, call length and telephone grade of service.

(d) For wireline 911 calls, a minimum number of dedicated 911 lines shall be provided from the service provider’s central office(s) to the 911 selective router and from that selective router to the 911 PSAP to supply a P.01 grade of service or better. A P.01 grade of service allows one busy signal in 100 attempted calls during the average busy hour. For wireline 911 calls, there shall be a minimum of two lines from each central office to the selective router and there shall be a minimum of two lines from the selective router to each PSAP.

(e) The agency shall take into account the estimated volume of calls that the remote agency will receive during the busy hour when determining the number of lines required.

(f) The county 911 coordinator shall analyze MIS and E911 traffic data and determine wireless call routing and act upon this information as necessary for congestion control management to the PSAP(s).

(g) The county 911 coordinator shall work closely with PSAP managers, supervisors, public safety providers, and call takers to develop standard operation procedures for call handling and ADA compliance. Each PSAP shall review and update these call handling procedures regularly with the county 911 coordinator. Call takers shall have ready access to county and or agency 911 policy and procedure manuals.

(2) Public Safety Answering Point Equipment – The county PSAP(s) shall incorporate the following operational equipment:

(a) Customer Premises Equipment (CPE) including 911 call processing and call answering communications or terminal equipment located at the PSAP and the call taker positions.

Automatic telephone number identification (ANI) display capability.
Automatic location identification (ALI) display capability.

(b) Management Information System (MIS) – call record management system required for call detail information State reporting capable of identifying by County and PSAP, at a minimum: the number of 911 calls, the call volume and percentage by type of call and trunk identifier, the call taker position at the PSAP, the call length of time to answer, transferred or terminated, and the duration of the call.

(d) Teletypewriters (TTYs) communications equipment or functional equivalent with record printout. If 24-hour repair is not available for TTY equipment, the county 911 system shall maintain spare TTYs for temporary use.

(e) Logging recording equipment to record the conversation, incoming trunk, identification of the position handling the call, and date and time of each 911 call.

(f) Instant play back recording capability: each call taker shall be equipped with access to instant playback recording capability.

(g) Uninterruptible power supply (UPS) with sufficient capacity to maintain PSAP equipment until the motor generator stabilizes. No calls shall be interrupted or lost during the transition to the UPS.

(h) Auxiliary-powered motor generator sets with associated fuel capacity and resupply capability, for supplying emergency power to the PSAP during extended commercial power outages.

(i) Grounding integrity: the 911 system and generator shall be installed using appropriate grounding engineering.

(j) Lightning and A/C power surge protection.

(k) Fire protection.

(l) 911 consoles or workstation furniture.

(3) Call Taker Position.

(a) The 911 call taker shall be dedicated to processing 911 calls. Other duties may be performed, if the technical standards in paragraph 60FF-6.005(1)(b), F.A.C., can be satisfied. All call takers shall be proficient in the use of PSAP equipment and basic 911 call handling, operations and techniques in technical standard paragraph 60FF-6.005(9)(b), F.A.C., and know how to respond in the event of an equipment emergency.

(b) Each 911 call taker shall receive both audible and visual indications of an incoming 911 call. Each call taker position shall have access to all incoming 911 lines, outgoing dedicated lines, tie-lines, and dial-out lines.

(c) Each county shall maintain a minimum of one non-published number to handle incoming emergency calls from service provider operators and as an alternative number for routing overflow calls. Line(s) should terminate in the PSAP answering equipment and shall be used for operator emergency transfers or emergency transfers from other counties.

(d) Each call taker position shall be equipped with Teletypewriters (TTYs), or equivalent equipment functionality. Upon hearing nothing or a musical acoustic sound or an automatic voice message, the 911 line shall be connected to the TTY to ensure that no TTY calls are missed.

(e) Each call taker shall have access to the standard operating procedures.

(4) Emergency Operations.

(a) Each county 911 coordinator shall develop an E911 Emergency Operations Plan designed to limit the impact of system failures and expedite the restoration of E911 service. Enhanced 911 systems shall include provisions for back-up to which 911 calls can be routed in the event of failure of a Primary PSAP.

(b) All counties shall have established alternate routes in place to ensure continuance of operations for all 911 services provisioning.

(5) Operations.

(a) If there have been no 911 calls received for an extended time interval, a test 911 call shall be made to ensure that the system is operational. This shall be done at least once every 8 hours, if no calls have been received.

(b) With a transferred call, the caller must never be procedurally required to talk with more than two people: the primary PSAP 911 call taker and the call taker at the remote agency. There shall be no inherent double transfers.

All 911 calls transferred by a PSAP must be identified at the receiving point as an emergency 911 call.
With a transferred call, the call taker shall inform the caller that the call is about to be transferred.

3 The PSAP transferring the 911 call must stay on the line until the receiving agency answers and accuracy of the transfer is ascertained.

(c) Each call taker shall complete a Trouble Report/Inquiry Form for every 911 call that experienced problems (ANI failures, database errors, etc.). These trouble reports shall be routed to the county 911 coordinator. Enhanced 911 systems shall include a proactive program to identify database errors, which shall continuously monitor and maintain a record of database accuracy. Call takers shall provide information about erroneous location information provided on the ALI screen and any corrections provided by the caller. County 911 coordinators shall establish a standard trouble reporting form and ensure that 911 trouble reports are consistently completed and shall submit these reports to the appropriate service provider(s) for resolution. In counties where the county is maintaining the database, the county 911 coordinator shall perform both functions.

(d) The 911 call takers shall not refer citizens to a directory of services or provide contact information on emergency calls.

(6) Security.

(a) All PSAPs, 911 equipment and data shall be secured to prevent access by the unauthorized persons. Each PSAP shall have sufficient building security to minimize the possibility of intentional disruption of operations. All E911 processing and control equipment shall be in a locked, environmentally-conditioned area accessible only to authorized personnel. Answering equipment shall be accessible only to PSAP personnel. Display and printing equipment shall be located so that the information is limited to agency authorized personnel.

(b) The PSAP shall not be visible from outside the building and shall not be visible from unsecured areas inside the building, unless it is located in the secured entry point of the jail facility in the sheriff’s office.

(c) The PSAP shall be configured to provide a physical barrier from floor to ceiling separating unsecured areas from all 911 personnel required to interact with the public. There shall be no openings in the barrier other than a louvered opening for voice communications. Glass shall be of a heavy-duty, bulletproof type. A pass through drawer shall be used for transfer of documents.

(d) All doors shall be lock-controlled from the inside and be kept closed. If combination locks (rotary or push button) are used, access to the combinations shall be controlled by the PSAP supervisor. Such combinations shall be changed periodically on a schedule to be determined by the PSAP supervisor based on their standard operating procedures.

(e) All exposed 911 circuits inside the building and facilities serving the 911 PSAP shall be protected and marked to prevent damage or tampering.

(7) Alarms/Auto Dialers.

(a) Alarm circuits shall not be routed to a 911 system, and no auto dialer shall be used, unless two-way voice communication is possible. Automatic dialers must provide two-way voice communications and be capable of forced disconnection by the PSAP.

(b) There shall be no burglar alarms or elevator telephones terminated in 911 trunks.

(8) Maintenance and Testing.

(a) The PSAP E911 systems shall be maintained in operable working condition. Testing shall be conducted periodically on critical functions of all call taking equipment including TTY equipment operation.

(b) Routine and emergency maintenance shall be provided for all E911 systems. Where maintenance is provided by county personnel, they shall be trained and qualified in trouble analysis and repair of E911 systems. Where maintenance is provided by a vendor, a written contract containing a guarantee of performance including vendor response time and maximum system downtime is required.

(c) TTY equipment operation shall be tested a minimum of twice weekly during each shift. TTY equipment operation shall be conducted with random TTY test calls with both silent, open-line calls in which no tones are emitted and calls where the caller introduces the call by transmitting TTY tones. All tests shall be documented.

(d) Each PSAP shall have telephone numbers displayed and readily available for reporting failures in all 911 systems to service providers and county maintenance personnel. All PSAPs shall require equipment vendors and service providers to provide emergency trouble reporting telephone numbers that are staffed and answered 24-hours per day, 7 days per week.

(9) Training and Standard Operating Procedures: Counties shall include specified training standards in their standard operating procedures. These SOPs shall include classroom and on-the-job instruction and training course content required for 911 public safety telecommunicators.

History

Rulemaking Authority 365.171(4) FS. Law Implemented 365.171(4), (10) FS. History–New 2-17-11.