(1) As used in this section, the term “agency” means any official, officer, commission, board, authority, council, committee, or department of the executive branch of state government and means any officer, court, commission, or other unit of the judicial branch of state government supported in whole or in part by appropriations made by the Legislature.
(2) An agency may employ any qualified individual in other-personal-services employment. For each other-personal-services employee, the agency shall:
(a) Maintain employee records identifying, at a minimum, the person employed, the hire date, the type of other-personal-services employment, and the number of hours worked.
(b) Determine the appropriate rate of pay and ensure that all payments are in compliance with the federal Fair Labor Standards Act and state law.
(c) Review, determine, and document by June 30 of each year whether the continuation of each other-personal-services employment position is necessary to the mission of the agency. This review process does not apply to board members; consultants; seasonal employees; institutional clients employed as part of their rehabilitation; bona fide, degree-seeking students in accredited secondary or postsecondary educational programs; employees hired to deal with an emergency situation that affects the public health, safety, or welfare; or employees hired for a project that is identified by a specific appropriation or time-limited grant.
(3) Unless specifically provided by law, other-personal-services employees are not eligible for any form of paid leave, paid holidays, a paid personal day, participation in state group insurance or retirement benefits, or any other state employee benefit. Other-personal-services employees may be included in that part of an agency’s recognition and reward program that recognizes and rewards employees who submit innovative ideas that increase productivity, eliminate or reduce state expenditures, improve operations, or generate additional revenue or who meet or exceed the agency’s established criteria for a project or goal.
(4) Each August 15, each agency employing an individual in other-personal-services employment shall submit a report to the Executive Office of the Governor and to the chairs of the legislative appropriations committees containing the following information for the previous fiscal year ending June 30:
(a) The total number of individuals serving in other-personal-services employment.
(b) The type of employment, average pay, and total number of hours worked for each individual serving in other-personal-services employment.
(5) Beginning January 1, 2014, an other-personal-services (OPS) employee who has worked an average of at least 30 or more hours per week during the measurement period described in s. 110.123(14)(c) or (d), or who is reasonably expected to work an average of at least 30 or more hours per week following his or her employment, is eligible to participate in the state group insurance program as provided under s. 110.123.
History.—s. 1, ch. 83-279; s. 1, ch. 84-87; s. 1, ch. 85-219; s. 5, ch. 86-180; s. 25, ch. 86-245; s. 23, ch. 86-290; s. 1, ch. 88-333; s. 25, ch. 92-279; s. 55, ch. 92-326; s. 664, ch. 95-147; s. 10, ch. 95-196; s. 16, ch. 95-280; s. 8, ch. 96-399; s. 9, ch. 97-237; s. 1, ch. 98-65; s. 5, ch. 99-399; s. 84, ch. 2000-318; s. 11, ch. 2001-43; s. 5, ch. 2007-217; s. 6, ch. 2012-215; s. 2, ch. 2013-52; s. 11, ch. 2014-17; s. 4, ch. 2022-138.
Structure Florida Statutes
Title X - Public Officers, Employees, and Records
Chapter 110 - State Employment
Part I - General State Employment Provisions (Ss. 110.105-110.191)
110.105 - Employment policy of the state.
110.1055 - Rules and rulemaking authority.
110.1082 - Telephone voice mail systems and telephone menu options systems.
110.1091 - Employee assistance programs; public records exemption.
110.1099 - Education and training opportunities for state employees.
110.112 - Affirmative action; equal employment opportunity.
110.1127 - Employee background screening and investigations.
110.1128 - Selective service registration.
110.113 - Pay periods for state officers and employees; salary payments by direct deposit.
110.114 - Employee wage deductions.
110.115 - Employees of historical commissions; other state employment permitted.
110.116 - Personnel information system; payroll procedures.
110.1165 - Executive branch personnel errors; limitation of actions for compensation.
110.118 - Administrative leave for certain athletic competition.
110.119 - Administrative leave for military-service-connected disability.
110.120 - Administrative leave for disaster service volunteers.
110.122 - Terminal payment for accumulated sick leave.
110.1221 - Sexual harassment policy; executive agency rules.
110.1227 - Florida Employee Long-Term-Care Plan Act.
110.123 - State group insurance program.
110.12302 - Costing options for plan designs required for contract solicitation.
110.12304 - Independent benefits consultant.
110.12306 - Anti-fraud investigative units.
110.12312 - Open enrollment period for retirees.
110.12313 - Enrollment for eligible former employees.
110.12315 - Prescription drug program.
110.1238 - State group health insurance plans; refunds with respect to overcharges by providers.
110.1239 - State group health insurance program funding.
110.124 - Termination or transfer of employees aged 65 or older.
110.1245 - Savings sharing program; bonus payments; other awards.
110.125 - Administrative costs.
110.126 - Oaths, testimony, records; penalties.
110.129 - Services to political subdivisions.
110.131 - Other-personal-services employment.
110.1315 - Alternative retirement benefits; other-personal-services employees.
110.151 - State officers’ and employees’ child care services.
110.1522 - Model rule establishing family support personnel policies.
110.1523 - Adoption of model rule.
110.161 - State employees; pretax benefits program.
110.171 - State employee telework program.