Florida Administrative Code

(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 History - New 11-7-23, Repealed 8-21-24.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…

(1) In each instance, based on Agency resources and capability, the Department will establish terms and conditions of delegation; these will be set forth in an agreement to be made between the Department and the Agency. The Agency will be responsible for ensuring that all funds e…

The responsibility for the provision and maintenance of accounting records is hereby delegated to each agency for which an appropriation of funds for a fixed capital outlay project is provided in an appropriation act. Authority for approval or disapproval of payments for services…

Rulemaking Authority 255.255 FS. Law Implemented 255.255 FS. History-New 5-26-76, Formerly 13D-10.01, 13D-10.001, Amended 3-17-10, Repealed 12-27-17.

(1) "Additions" - mean any facility related project that increases a building's footprint and the conditioned square footage of a building. (2) "Alternative design" - refers to a potential architectural or engineering design for a new construction, addition, or renovation project…

(1) The selection of energy-consuming equipment and architectural components for all new facilities constructed for the use of a state agency and renovations to existing state-owned facilities shall be based on the life-cycle costs of alternative designs developed in accordance w…

(1) New construction and additions: (a) This Rule applies to all of the following: 1. New facilities constructed for the use of a state agency. 2. Additions to existing state-owned facilities. 3. Renovations to existing state-owned facilities shall be allowed to comply with subse…

The computer-based simulation program required in subsections 60D-4.004(1), (2), (4) and (7), F.A.C., shall comply with all of the following: (1) The energy baseline and all alternative designs shall be modeled with a computer-based simulation program that is capable of modeling …

A life-cycle cost analysis shall be performed for all new facilities constructed for the use of a state agency and for renovations to existing state-owned facilities where required in Rule 60D-4.004, F.A.C. The analysis shall compare the reasonably-expected life-cycle costs of al…

(1) Applies to the following facilities that are under consideration to be leased by a state agency: (a) Buildings larger than 5,000 gross square feet. (b) Spaces larger than 5,000 square feet of rentable area within a specified building. (2) This Rule excludes facilities that ar…

(1) "Annual Supplement to NIST 135": Energy Price Indices and Discount Factors for Life-Cycle Cost Analysis - 2009, Annual Supplement to NIST 135 and NBS Special publication 709, National Institute of Standards and Technology, NISTIR 85-3273 is hereby incorporated by reference. (…

To comply with the Department of Management Services' requirements under Section 255.29, F.S., the following procedures shall be followed in advertising for bids for construction contracts, in determining the eligibility of potential bidders to submit proposals for construction c…

The words and phrases in this chapter shall be construed according to their plain meaning, in light of the context and subject matter, unless expressly defined otherwise in this rule, this chapter, or in Chapter 255, F.S. (1) "Agency", as the context requires, means an official, …

Rulemaking Authority 255.29 FS. Law Implemented 255.29 FS. History-New 5-26-76, Amended 6-7-77, 7-14-81, 7-7-83, Formerly 13D-11.03, Amended 1-25-89, 11-5-91, Formerly 13D-11.003, Amended 8-28-96, 9-22-99, Repealed 12-3-14.

(1) There are two steps in qualifying to perform construction of State projects: paragraph (2)(a) Prequalification to submit a bid and paragraph (2)(b) Prequalification for award of the contract. (2)(a) Prequalification to submit a bid. (Prequalification requirements apply to all…

(1)(a) An agency, pursuant to Section 255.05, F.S., may request delegation of authority from the Secretary to exempt the requirement for performance bond and labor and material bond on a specific project for more than $100,000 but not more than $200,000, in writing, by furnishing…

(1) The Agency shall, for cause, review the performance of each firm under contract. It will record all known instances of poor or inadequate performances, deficient management resulting in project delay, poor quality workmanship, and late payments to laborers, subcontractors and…

(1) All projects, except where competitive bidding is waived under the provisions of Rule 60D-5.008, F.A.C., will be publicly bid in accordance with the provisions in the project bidding documents and Section 255.0518, F.S. Award of contract will be made to the responsive bidder,…

(1) The Agency, or contract management entities in conjunction with the Agency, shall reserve the right to reject any or all bids or portions thereof under any of the following circumstances: (a) When the bidding process, including the procedure followed by the Agency, involves a…

(1) The Department hereby delegates authority to each Agency to execute a contract in accordance with these rules for projects within contract levels defined in subsection 60D-5.002(2), F.A.C. (2) Contracts within Level One may be executed with the firm whose proposal the Agency …