The purpose of the amendment is to eliminate unnecessary language.

 

DEPARTMENT OF MANAGEMENT SERVICES

Public Employees Relations Commission

RULE NOS.:RULE TITLES:

60CC-2.001Notice of Election

60CC-2.002Election Eligibility List

PURPOSE AND EFFECT: The purpose of the amendment is to eliminate unnecessary language.

SUMMARY: The rule eliminates unnecessary language regarding consent election agreements and notices of election.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Commission has determined based upon the expertise of its members and the substance of the rule that a SERC was not necessary and that the rule will not require ratification by the Legislature.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 447.207(1), FS.

LAW IMPLEMENTED: 447.207(6), 447.307(3)(a)3., 447.308, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Gerard T. York, Staff Attorney, Public Employees Relations Commission, 4708 Capital Circle NW, Suite 300, Tallahassee, Florida 32303-7256; Telephone: [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60CC-2.001 Notice of Election.

(1) Whenever the Commission orders an election or where a Consent Election Agreement has been executed and approved, the Commission shall issue a nNotice of eElection, (PERC FORM 11) which shall contain the following information:

(a) through (d) No change.

(2) The public employer shall, at least seven (7) days before the date set for the election, post copies of the nNotice of eElection in conspicuous locations where employees will be reasonably apprised of the election. The posting of the copies of the nNotice of eElection shall be maintained until the balloting has been completed. The public employer shall take reasonable steps to ensure that the notices are not altered, defaced, or covered by other materials.

(3) Failure to object to the form or content of the nNotice of eElection prior to the commencement of the election shall constitute a waiver of the objection.

Rulemaking Authority 447.207(1) FS. Law Implemented 447.207(6), 447.307(3)(a)3, 447.308 FS. History–New 5-6-79, Amended 1-17-80, __-__-19. Formerly 38D-18.01, 38D-18.001.

 

60CC-2.002 Election Eligibility List.

(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 approval of a Consent Election Agreement, or the date of the Commission order ordering an election, except that such a list shall provide the work address rather than the home address of any personnel covered by Section 119.071(4)(d), F.S. Unless otherwise ordered by the Commission, the list shall include all employees employed in the unit as of the date of approval of the Consent Election Agreement, or the date of the Commission order directing an election, whichever date is applicable.

(2) through (4) No change.

Rulemaking Authority 447.207(1) FS. Law Implemented 119.071, 447.207(6), 447.307(3)(a)3., 447.308 FS. History–New 5-6-79, Amended 1-17-80, __-__-19, Formerly 38D-18.02, 38D-18.002.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Gerard T. York, Staff Attorney

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Donna Maggert Poole

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 21, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 17, 2019