Section 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 of the Florida Statutes.(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.Fla. Admin. Code Ann. R. 60L-33.002
Rulemaking Authority 110.1055, 110.131(3), 110.201(1), 110.2035(3)(d), 110.2035(7)110.217(1), 110.227(2), 110.403(1), 110.503(2), 110.605(1) FS. Law Implemented 110.131, 110.201, 110.2035, 110.217, 110.227, 110.403, 110.503, 110.605 FS.
New 1-22-02, Amended 4-3-03, 1-26-14.