The purpose of this rule amendment is to reflect 2012 changes to Section 1012.81, Florida Statutes. The effect will be the alignment with statutory provisions and additional specificity with which colleges are to maintain limited–access records.

 

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-14.047: Personnel Records
PURPOSE AND EFFECT: The purpose of this rule amendment is to reflect 2012 changes to Section 1012.81, Florida Statutes. The effect will be the alignment with statutory provisions and additional specificity with which colleges are to maintain limited–access records.
SUMMARY: This rule outlines procedures for the maintenance and release of Florida College System institution personnel records.
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: This rule addresses only the content and custody of limited access personnel records held at Florida College System institutions. It does not impose any new or additional regulatory costs, and would not have any economic impact, including those factors addressed in Section 120.541(2)(a), Florida Statutes.
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: 1012.81 FS.
LAW IMPLEMENTED: 1012.81 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: February 18, 2013, 10:30 a.m.
PLACE: Le Cordon Bleu College of Culinary Arts, 8511 Commodity Circle, Suite 100, Orlando, FL
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Julie Alexander, Division of Florida Colleges, Florida Department of Education, 325 West Gaines Street, Tallahassee, Florida, [phone], [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-14.047 Personnel Records.

(1) Personnel records shall contain information for efficient personnel administration which shall include, but not be limited, to dates of appointment, periods of employment, contract status, duties performed, records of leave, and evidence of factors used to calculate salary, retirement system records, and related documentation as determined by the college.

(2) Limited access rRecords about employee performance; investigations of employee misconduct; disciplinary proceedings; and grievance proceedings brought by an employee for enforcement of a collective bargaining agreement or contract shall be released only according to Section 1012.81, Florida Statutes.

(3) Personnel records and limited access files shall be maintained by custodians designated by the college president.

Rulemaking Specific Authority 1001.02(1), (9), 1012.81 FS. Law Implemented 1012.81, 1012.855 FS. History–Formerly 6A-8.751, Repromulgated 12-19-74, Amended 6-27-78, 12-19-84, Formerly 6A-14.47, Amended 7-20-04,             .

NAME OF PERSON ORIGINATING PROPOSED RULE: Randy Hanna, Chancellor, Division of Florida Colleges
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 10, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 7, 2013