447.205 Public Employees Relations
Commission. ---
(1) There is hereby created within the Department of Labor and
Employment Security the Public Employees Relations Commission, hereinafter
referred to as the "commission." The commission shall be composed of a
chairman and two full-time members to be appointed by the Governor, subject to
confirmation by the Senate, from persons representative of the public and
known for their objective and independent judgment, who shall not be employed
by, or hold any commission with, any governmental unit in the state or any
employee organization, as defined in this part, while in such office. In no
event shall more than one appointee be a person who, on account of previous
vocation, employment, or affiliation, is, or has been, classified as a
representative of employers; and in no event shall more than one such
appointee be a person who, on account of previous vocation, employment, or
affiliation, is, or has been, classified as a representative of employees or
employee organizations. The commissioners shall devote full time to
commission duties and shall not engage in any other business, vocation, or
employment while in such office. Beginning January 1, 1980, the chairman shall
be appointed for a term of 4 years, one commissioner for a term of 1 year, and
one commissioner for a term of 2 years. Thereafter, every term of office shall
be for 4 years; and each term of the office of chairman shall commence on
January 1 of the second year following each regularly scheduled general
election at which a Governor is elected to a full term of office. In the
event of a vacancy prior to the expiration of a term of office, an appointment
shall be made for the unexpired term of that office. The chairman shall be
responsible for the administrative functions of the commission and shall have
the authority to employ such personnel as may be necessary to carry out the
provisions of this part. Once appointed to the office of chairman, the
chairman shall serve as chairman for the duration of the term of office of
chairman. Nothing contained herein prohibits a chairman or commissioner from
serving multiple terms.
(2) The chairman and the other commissioners shall be paid annual
salaries to be fixed by law. Such salaries shall be paid in equal monthly
installments. All commissioners shall be reimbursed for expenses, as provided
in s. 112.061.
(3) The commission, in the performance of its powers and duties
under this part, shall not be subject to control, supervision, or direction by
the Department of Labor and Employment Security.
(4) The property, personnel, and appropriations related to the
commission's specified authority, powers, duties, and responsibilities shall
be provided to the commission by the Department of Labor and Employment
Security.
(5) The commission shall make such expenditures, including
expenditures for personal services and rent at the seat of government and
elsewhere, for law books, books of reference, periodicals, furniture,
equipment, and supplies, and for printing and binding, as may be necessary in
exercising its authority and powers and carrying out its duties and
responsibilities. All such expenditures of the commission shall be allowed
and paid upon the presentation of itemized vouchers therefor approved by the
chairman.
(6) The commission may, in its discretion, charge for
publications, subscriptions, and copies of records and documents. Such funds
shall be deposited in a trust fund to be established by the commission and
shall be used to help defray the cost of providing such publications,
subscriptions, and copies of records and documents.
(7) The commission shall maintain and keep open during reasonable
business hours an office, which shall be provided in the Capitol Center for
the transaction of its business, at which its official records and papers
shall be kept. The commission may hold sessions and conduct hearings at any
place within the state.
(8) The commission shall have a seal for authentication of its
orders and proceedings, upon which shall be inscribed the words "State of
Florida Public Employees Relations Commission Seal" and which shall be
judicially noticed.
(9) The commission is expressly authorized to provide by rule
for, and to destroy, obsolete records of the commission.
(10) The deliberations of the commission in any proceeding before
it are closed and exempt from the provisions of s. 286.011. However, any
hearing held or oral argument heard by the commission pursuant to chapter 120
or this chapter shall be open to the public. All draft orders developed in
preparation for, or preliminary to, the issuance of a final written order are
confidential and exempt from the provisions of s. 119.07(1). These exemptions
are subject to the Open Government Sunset Review Act in accordance with
[Footnote 1] s. 119.14.
(11) Any hearing held under this chapter shall be conducted
according to the provisions of s. 120.57 by the commission, a member of the
commission, or a hearing officer designated by the commission who is an
employee of the commission and a member of The Florida Bar.
(12) The commission may appoint an employee as elections
supervisor to conduct elections in accordance with this
chapter.
History: s. 3, ch. 74-100; s. 7, ch. 77-343; s. 40, ch. 79-7; s. 1, ch. 79-85; s.
189, ch. 79-400; s. 2, ch. 84-228; s. 1, ch. 91-151; s. 15, ch. 91-269.
[Footnote 1] Note.
A. Repealed by s. 1, ch. 95-217.
B. Section 4, ch. 95-217, provides that "notwithstanding
any provision of law to the contrary, exemptions from chapter 119, Florida
Statutes, or chapter 286, Florida Statutes, which are prescribed by law and
are specifically made subject to the Open Government Sunset Review Act in
accordance with section 119.14, Florida Statutes, are not subject to review
under that act, and are not abrogated by the operation of that act, after
October 1, 1995."