Executive Order 20-088 STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 20-88
(Emergency Management—COVID-19—Re-employment of Essential Personnel)
WHEREAS, on March 1, 2020, I issued Executive Order 20-51 directing the Florida
Department of Health to issue a Public Health Emergency;and
WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer
declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and
WHEREAS, on March 9, 2020, I issued Executive Order 20-52 declaring a state of
emergency for the entire State of Florida as a result of COVID-19; and
WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease
Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising
individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more
than 10 people, and in states with evidence of community spread, recommending restrictions to
certain establishments conducive to mass gatherings and congregations; and
WHEREAS,on March 29,2020,the President extended such guidance to be in effect until
April 30, 2020; and
WHEREAS, Florida's growing population of COVID-19 cases necessitates increased
state-wide resources dedicated to law enforcement, emergency response, and medical attention to
combat the spread of COVID-19; and
WHEREAS, governmental entities across Florida are working tirelessly to support the
COVID-19 response effort by providing mission critical support to protect all Floridians; and
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Filed and Recorded in Official Records of
MONROE COUNTY KEVIN MADOK,CPA
WHEREAS, a key resource during this state of emergency is having enough trained
essential personnel to cope with the sudden increased workload demands for the duration of the
COVID-19 state of emergency; and
WHEREAS, employees of Florida Retirement System ("FRS") participating employers
may be temporarily unable to report to work due to possible COVID-19 exposure or quarantines
related to COVID-19, which might impact essential governmental functions; and
WHEREAS, training new employees to serve in such positions requires significant time
and resources that may be better utilized in support of the response effort; and
WHEREAS, many recently retired FRS employees possess the necessary skills and
training to immediately assist with Florida's COVID-19 response; and
WHEREAS,the essential governmental functions of FRS participating employers should
not be hindered by the termination and re-employment limitations pertaining to recently retired
essential personnel during the COVID-19 state of emergency; and
WHEREAS, it is necessary and appropriate to take action to ensure that COVID-19
remains controlled, and that residents and visitors in Florida remain safe and secure.
NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the
authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, Chapter 252,
Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take
immediate effect:
Section 1. I hereby declare that certain FRS employees who have retired since October
1, 2019, or who may retire prior to or on August 1, 2020 under a state administered retirement
system (i.e., FRS Pension Plan service retirement or Deferred Retirement Option Program
("DROP"), FRS Investment Plan, State University System Optional Retirement Program,
Community College System Optional Retirement Program, and Senior Management Service
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Optional Retirement Program),may have the requirements of Section 121.091(9), F.S., tolled for
completion of the 6-month termination period and the 7th-12th month re-employment limitation
period if the re-employment or continued employment assists the COVID-19 emergency response.
Any other statutory provision or implementing regulation limiting such re-employment shall also
be suspended. FRS participating employers may utilize recent retirees for emergency work
without incurring liability or voiding the recent retirees' retirement. All FRS participating
employers must comply with the notification provisions of Section 4 of this order.
Section 2. This order shall apply to employees in the following mission-critical
categories:
A. law enforcement officers,
B. first responders, emergency management and public safety personnel,
C. health and medical professionals and
D. other critical COVID-19 response personnel as identified and determined by a state
agency head.
Section 3. The following restrictions shall apply:
A. Retired employees re-entering the workforce under this order shall not accrue
retirement benefits related to the time of re-employment up to a period that shall not
extend beyond August 1, 2022. Any person re-employed under the order will not have
retirement voided or benefits suspended due to such re-employment.
B. Re-employment shall be permitted until thirty (30) days after the expiration of
Executive Order 20-52,or any extension thereof,not to extend beyond August 1,2022.
C. Once the re-employment ceases, the time toward completion of the 6-month re-
employment period and the 7th-12`h month re-employment limitation period will cease
to be tolled.
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Section 4. Any FRS participating employer who intends to utilize recent retirees for
emergency work shall provide to the Department of Management Services ("DMS"), Division of
Retirement,the list of recent retirees who will provide emergency work to them under the duration
of the COVID-19 state of emergency. The FRS participating employer must certify that the listed
recent retirees will be providing work or services directly related to essential governmental
functions in response to the COVID-19 emergency.
Section 5. I hereby direct DMS to issue guidance and subsequent action, as necessary,
to implement this directive.
Section 6. This Executive Order shall expire upon the expiration of Executive Order
20-52, including any extensions.
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'-sinr� IN TESTIMONY WHEREOF I have hereunto
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