Florida Administrative Code

(1) A "Showing of Interest" shall consist of original statements in the form of petitions or individual signature cards. Such statements shall be signed and personally dated by the employees and must expressly authorize the petitioning employee organization to represent such empl…

In addition to the specific unit appropriateness factors set forth in Section 447.307(4), F.S., the Commission may also consider the following factors when defining an appropriate bargaining unit: (1) The fragmentation of bargaining units; (2) The possible conflict of interest be…

(1) For purposes of prescribing the membership authorization form required by Section 447.301(1), F.S., as amended by Chapter 2023-35, Section 1, L.O.F., the terms not defined in this rule have the same meaning as in Part II, Chapter 447, F.S. This rule defines the following term…

Rulemaking Authority Ch. 2023-35(1) Laws of Florida., s. 447.207(1) FS. Law Implemented Ch. 2023-35(1) Laws of Florida. History - New 11-7-23, Repealed 8-21-24.

(1) Whenever the Commission orders an election, the Commission shall issue a notice of election which shall contain the following information: (a) A description of the appropriate bargaining unit(s) involved; (b) The manner in which the election will be conducted, including, wher…

(1) The public employer shall file with the Commission and deliver to each party to the election an election eligibility list containing the names and addresses of all eligible voters not later than fifteen (15) days after the date of the Commission order ordering an election, ex…

(1) All elections shall be by secret ballot and shall be conducted by a designated agent of the Commission. (2) An election may be conducted by mail, on site, or by any combined method ordered or approved by the Commission. (3) Any party may be represented by not more than two (2…

(1) In order to prevail in any election, any choice must receive more than fifty percent of the number equal to total ballots cast less void ballots cast. Provided, however, that in any representation election in which the choices are an employee organization and "no organization…

(1) Within fifteen (15) days after the closing of the poll(s) or the deadline for returning mail ballots, any party may file with the Commission a post-election petition relating to the conduct of the election or conduct affecting the results of the election. Such petition shall …

(1) Whenever the Commission orders an election, or where a consent election agreement has been approved, the Commission where appropriate: (a) May order the parties to share equally the Commission's costs of conducting such election; or (b) May order a party to pay all or any par…

(1) A Notice of Negotiations (PERC FORM 14) may be submitted at any time after the commencement of negotiations and shall contain the following information: (a) The name, affiliations, if any, and address of the certified bargaining agent; (b) The name and address of the public e…

The Commission, upon request of the parties, may, through its designated agent, select a mediator to assist the parties in reaching agreement. Selection may be made through the Federal Mediation and Conciliation Service. Specific Authority 447.207(1) FS. Law Implemented 447.207(5…

(1) The Commission shall maintain a roster of special magistrates selected by the Chair. In selecting members for the roster, the Chair may consider the applicant's experience, education, skill in written expression, neutrality, and willingness to undertake continuing training as…

(1) When negotiations reach impasse and no mediator has been appointed, or upon the request of either party, the Commission shall, through the Chair, provide for the appointment of a special magistrate. (2) The parties may agree to the appointment of an individual who will be app…

Within ten (10) days after the date of appointment of a special magistrate, each party shall serve upon the special magistrate a written list of issues at impasse, simultaneously serving a copy of the list upon each other party. Specific Authority 447.207(1), (5) FS. Law Implemen…

(1) Upon appointment by the Commission, through the Chair, the special magistrate shall set, and notify all parties of, the time and place of the hearing(s). In appropriate circumstances, the special magistrate may, after conferring with the mediator, defer conducting hearings, p…

(1) Following the close of the hearing(s), the special magistrate shall review and consider all of the relevant evidence which has been presented during the hearing(s) and any oral or written argument provided by the parties, and he or she shall prepare a recommended decision. In…

The recommended decision of the special magistrate shall be deemed accepted by the parties except as to those recommendations which a party specifically rejects, by filing a written notice with the Commission and serving a copy on the other party, within twenty calendar days afte…

When, pursuant to collective bargaining negotiations, the parties have reached agreement on negotiated issues, a proposed agreement incorporating all agreed terms and all terms prescribed by the legislative body pursuant to Section 447.403, Florida Statutes, shall be reduced to w…

(1) The certified bargaining agent shall promptly present the proposed agreement to the members of the bargaining unit for consideration and ratification. The certified bargaining agent shall give notice of any ratification meeting to all members of the bargaining unit. Notice pr…

The chief executive officer of the public employer shall promptly present the proposed agreement to the public employer for consideration and ratification. The chief executive officer shall, within five (5) days after the final count of votes, notify the certified bargaining agen…

When a proposed collective bargaining agreement is not ratified by a majority vote of employees voting in the unit or by the public employer, the rejecting party shall, within five (5) days after rejection, serve notice upon the other party of the rejection. Specific Authority 44…

(1) A charge that any public employer, or its agents or representatives, or any public employee organization, or its agents or representatives, has engaged in or is engaging in any unfair labor practice may be filed with the Commission within six (6) months of the alleged occurre…

(1) Whenever an unfair labor practice charge is filed with the Commission, it may be referred to the General Counsel or other designated agent. The Commission, the General Counsel, or other designated agent shall review the charge and accompanying supporting evidence. Should it b…

Rulemaking Authority s. 447.207(1) FS. Law Implemented Ch. 2023-35(3) Laws of Florida. History - New 11-7-23, Repealed 8-21-24.

Rulemaking Authority s. 447.207(1) FS. Law Implemented Ch. 2023-35(4) Laws of Florida. History - New 10-18-23, Repealed 8-21-24.

Rulemaking Authority 255.29(4), 287.055(9)(c) FS. Law Implemented 255.29, 287.055(9) FS. History-New 6-23-87, Formerly 13D-23.001, Amended 5-7-96, 7-5-98, Repealed 12-27-17.

(1) "Design-Build" means providing one single administrative entity (a "firm" as defined herein) responsible for design and construction under one contract where services within the scope of practice of architecture, or professional engineering as defined by the laws of the State…

The design criteria professional shall be selected and contracted with in accordance with the requirements of Section 287.055(10), F.S., unless he or she is an employee of the agency. He or she will not be eligible to render services under the design-build contract. Rulemaking Au…

A design criteria package shall be prepared for the Division by the Design Criteria Professional. It shall specify performance criteria for the building including, but not limited to, size, net interior space provisions, location, material quality standards, cost, construction sc…

Before submitting a proposal, firms offering to provide design-build services under Rule 60D-13.008, F.A.C., shall satisfy the qualification requirements set forth in paragraphs 60D-5.004(1)(a) and (2)(a), F.A.C. Rulemaking Authority 255.29(4), 287.055(9)(c) FS. Law Implemented 2…

(1) Except as authorized by subsection (2) for a design-build project that is projected to cost no more than $200,000 (a "small project"), the agency shall publish an announcement in the "Florida Administrative Weekly" published by the Department of State, Division of Elections, …

(1) The agency shall determine the relative ability of each firm to perform the services required for each project. Determination of ability shall be based on staff training and experience, firm experience, location, volume of past contracts with the agency, financial capacity, p…

(1) Unless negotiation is authorized, proposals will be received from those qualified firms determined eligible under subsection 60D-13.007(2), F.A.C. Proposals shall include proposed price and a conceptual design in response to the design criteria package. The agency shall estab…

(1) If negotiation is authorized, the agency shall select no fewer than three firms in order of preference from those deemed to be most qualified to perform the required services under Rule 60D-13.007, F.A.C. In making its determination the agency shall interview no fewer than th…

Rulemaking Authority 255.259(3) FS. Law Implemented 255.259, 255.25(1) FS. History-New 4-19-98, Repealed 12-27-17.

(1) "Landscape" means any and all maintained areas which are native or are ornamentally planted including turf, ground covers, flowers, shrubs, trees, and similar plant materials as opposed to agricultural crops grown and harvested for monetary return. (2) "Irrigation" means appl…

(1) Schematic designs and detailed construction documents shall be prepared by a person or entity authorized by Part II of Chapter 481, Florida Statutes, and shall be submitted to the Facilities Development office of the Facilities Program of the Department of Management Services…

Agencies responsible for maintenance of landscape at buildings and facilities constructed before July 1, 1992, shall undertake maintenance in accordance with this chapter. Agencies not in compliance shall modify the design of the landscape to conform to this chapter, including al…

(1) "Activation" means an agency negotiation for a specific project with a construction management entity under continuing contract with the Department, which results in an agency contract. (2) "Agency contract" means a proprietary construction project contract between a state ag…

(1) All state agencies serving as the managing agency of a state-owned facility or a state construction site are authorized to utilize the services of any current Department contract through activation. (2) All agency activations shall be implemented through an agency contract th…

This rule defines capitalized terms used in Chapter 60D-16, F.A.C. (1) "Administering Entity" means the Governmental Entity administering the funds for a Project or the purchase of materials for a Project. (2) "Availability Waiver" means the waiver described in subparagraph 60D-1…

(1) Contract Requirement. Unless waived in accordance with subsection 60D-16.002(3), F.A.C., a Governmental Entity entering into a contract for a Public Works Project or for the purchase of materials for a Public Works Project must include in the contract a requirement that any I…

Rulemaking Authority 255.30 FS. Law Implemented 255.30 FS. History-New 2-10-76, Formerly 13D-9.01, Amended 12-24-90, Formerly 13D-9.001, Repealed 12-27-17.

(1) "Department": The Department of Management Services. (2) "Division": The Division of Real Estate Development and Management of the Department of Management Services. (3) "Agency": Any Department of the State of Florida, other than the Department of Management Services, for wh…

Projects in the following areas, other than pool facility projects, shall be eligible for delegation by the Department of Management Services to other State Agencies based on their capability for project administration. (1) Procurement of equipment and services or specialist cons…

(1) Each agency shall initially certify its own administrative capability to properly handle in a timely and efficient manner, the authority it has requested. This certification shall be clearly stated by the agency in its request. Staff experience, credentials, and workload must…