33-208.405: Employment of Relatives
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to address nepotism and the employment of relatives within the department.
SUBJECT AREA TO BE ADDRESSED: Nepotism and the employment of relatives.
SPECIFIC AUTHORITY: 944.09, 945.0311 FS.
LAW IMPLEMENTED: 112.3135, 944.09, 945.0311 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Dorothy M. Ridgway, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
33-208.405 Employment of Relatives.
(1) For the purposes of this rule, the following definitions shall apply:
(a) Hiring Authority – the Secretary, Deputy Secretary, Chief of Staff, General Counsel, Assistant Secretaries, Directors, Circuit Administrators, and Wardens as designated by the Secretary to be responsible for ensuring that work assignments do not violate the provisions of this rule or its authorizing statutes.
(b) Line of Authority – refers to any position having supervisory authority within the direct chain of command or supervisory path that organizationally links any position in the department.
(c) Relative – as defined by Sections 112.3135 and 945.0311, F.S., refers to an individual who is related to an employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
(d) Unit – refers to a work section within the department that has overall responsibility for:
1. A specific function in an institution (e.g., security, education, medical, health services, maintenance, warehouse, classification, chaplaincy);
2. A specific function within the central office (a bureau or comparable unit); or
3. A specific function within a regional office such as administrative services, health services, personnel, programs, or operations;
4. A work release center, road prison, forestry camp or boot camp; or
5. A probation and parole circuit office or field office.
(2) The employment of relatives in positions in which one employee would be in the line of authority over the other or under the direct supervision of the other is prohibited. The hiring authority is responsible for ensuring that relatives are not employed in such positions unless an exception is granted pursuant to subsection (4) below.
(3) Relatives who are not in the same line of authority shall be permitted to work in the same unit, but shall be assigned to different shifts or areas unless an exception is granted pursuant to subsection (4) below.
(4) When circumstances exist where the employment of relatives in a capacity prohibited by subsections (2) and (3) of this rule is necessary or beneficial to the department, the hiring authority shall make requests for such exceptions through the chain of command to the Secretary.
(5) In accordance with Section 112.3135, F.S., an employee is prohibited from appointing, employing, promoting, advancing or advocating for appointment, employment, or advancement any relative to a position in the department or to a position over which the employee exercises jurisdiction or control. In the event of an emergency as defined in Section 252.34(3), F.S., the Secretary is authorized to approve the temporary employment of individuals whose employment would otherwise be prohibited by Section 112.3135, F.S., when such employment is necessary to carry out emergency management responsibilities.
Specific Authority 944.09, 945.0311 FS. Law Implemented 112.3135, 944.09, 945.0311 FS. History–New_______.