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DATE: September 4, 2001
TO: Agency Addressed (No. 02, 2001-02)
FROM: Douglas A. Darling, Director
Division of Accounting & Auditing
Office of Comptroller
SUBJECT: Hardship Exemptions from Direct Deposit

Section 110.113, Florida Statutes (F.S.) requires that all employees appointed to a position in state government participate in the direct deposit program. The only exception is if the employee can demonstrate that direct deposit creates a hardship situation. This Agency Addressed provides general guidelines for hardship exemptions and the procedures for requesting an exemption. It also replaces Comptroller Memorandum No. 01 issued during the 1996/97 fiscal year. For information concerning this legislation, please see Comptroller's Memorandum No.04(2000-01) located at http://www.dbf.state.fl.us/aadir/cmmain.html.

Hardship exemption requests that may receive favorable consideration are: work/home locations, physical traits, health conditions or credit history. Employees must submit requests through their personnel offices and document reason(s) for requesting an exemption. Documentation need not include information that is generally considered confidential, such as a medical condition.

Please contact Jack Peterson, Direct Deposit Administrator, at (850) 410-9434, SunCom 210-9434 or at directdeposit@mail.dbf.state.fl.us if you have questions concerning this memorandum or the following procedures.

Guidelines for Requesting a Hardship Exemption From Direct Deposit
1. Section 110.113, Florida Statutes, requires that a person appointed to a position in state government, participate in the direct deposit program. The authority for requesting an exemption from direct deposit is found in Subsection 110.113(2), F.S.

2. Subsection 110.113(2), F. S. also grants an automatic exemption to persons in other-personal-services (OPS) positions that are temporary, common or casual in nature. The Department of Banking and Finance does not consider established positions that are paid from an appropriation category other than salaries to meet the intended use of other-personal-services in this subsection.

3. Fair Labor Standards has no bearing on the requirement to be paid by direct deposit.

4. Exemptions based on hardship must:
a. Be endorsed by the agency, district, circuit, region or institution's Personnel Office and be marked “Recommended” or Not Recommended”.
b. Include the employee's full name, social security number, date and mailing address. The employee must sign unless submitted by E-Mail.
c. Include the Personnel Officer's name, title, telephone number and mailing address. The signature of the Personnel Officer should also be on the form unless submitted by E-Mail.

5. A request submitted by E-Mail to the Personnel Officer for his (her) approved authority can be sent via E-Mail to directdeposit@mail.dbf.state.fl.us

6. The law requires that the employee “…demonstrate a hardship…” A request must contain a clear explanation of the reason(s) the employee believes a hardship will exist if required to participate in direct deposit. It must include any documents that the employee believes support the reason for the exemption.

7. A common misconception is the State having access to an employee's bank account. The State has no means of accessing any information about an employee's account even if they are on direct deposit.

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