CHAPTER 6C1-3
CHAPTER 6C1-3
FINANCE AND ADMINISTRATION
6C1-3.002 Finance and Administration; University Financial Services
6C1-3.0021 Finance and Administration; Third-party Donors
6C1-3.0022 Finance and Administration; Check Cashing and Bill Paying; Returned Check Service Charge, and Convenience Fee
6C1-3.003 Finance and Administration; Campus Mail Service
6C1-3.0031 Finance and Administration; Volunteers
6C1-3.005 Finance and Administration; University Police Department
6C1-3.0051 Finance and Administration; Lost or Abandoned Property
6C1-3.006 Finance and Administration; Traffic & Parking; Definitions
6C1-3.007 Finance and Administration; Traffic & Parking; Parking Registration
6C1-3.008 Finance and Administration; Traffic & Parking; Miscellaneous Provisions
6C1-3.009 Finance and Administration; Traffic & Parking; Bus System
6C1-3.010 Finance and Administration; Traffic & Parking; Control of Parking
6C1-3.011 Finance and Administration; Traffic & Parking; Control of Traffic
6C1-3.013 Finance and Administration; Traffic & Parking; Violations
6C1-3.0131 Finance and Administration; Traffic & Parking; Use of Devices to Impound Vehicles
6C1-3.014 Finance and Administration; Traffic & Parking; Fine Schedule
6C1-3.015 Finance and Administration; Traffic & Parking; Jurisdiction; Appeals
6C1-3.017 Finance and Administration; Mailing Lists and Labels
6C1-3.020 Finance and Administration; Purchasing
6C1-3.021 Finance and Administration; Purchasing, Sponsored Research Exemptions Procedures
6C1-3.022 Finance and Administration; Payment to Vendors; Payment Processing Guidelines
6C1-3.025 Finance and Administration; Lease of Space
6C1-3.030 Finance and Administration; Surplus University Property
6C1-3.037 Finance and Administration; Registration and Student Fees
6C1-3.0371 Finance and Administration; Fee Refunds
6C1-3.0372 Finance and Administration; Student Health, Athletic, and Activity and Service Fees
6C1-3.0374 Finance and Administration; Material and Supply Fees
6C1-3.0375 Finance and Administration; Tuition Cost
6C1-3.0376 Finance and Administration; Miscellaneous Fees
6C1-3.039 Finance and Administration; Guest Admissions
6C1-3.040 Finance and Administration; Employee Recognition Program
6C1-3.042 Finance and Administration; Write-off of Uncollectible Accounts; Settlement of Delinquent Accounts
6C1-3.0421 Finance and Administration; Employee Debt Collection
6C1-3.0422 Finance and Administration; Direct Deposit Program
6C1-3.045 Finance and Administration; University Support Personnel System (USPS) Predetermination and Arbitration Appeal Procedures for Employees with Permanent Status
6C1-3.046 Finance and Administration; Discipline, Suspension and Dismissal for Cause of Technical, Executive, Administrative, and Managerial Support (TEAMS) Staff
6C1-3.047 Finance and Administration; University Support Personnel System; Disciplinary Procedures
6C1-3.050 Finance and Administration; University Support Personnel System and Technical, Executive, Administrative, and Managerial Support Staff Performance Appraisals
6C1-3.051 Finance and Administration; University Grievance Procedures for Technical, Executive, Administrative, and Managerial Support Staff: General Information, Resort to Other Procedures, Time Limits, Procedures, and Arbitration Appeal
6C1-3.054 Finance and Administration; Appointment; Technical, Executive, Administrative, and Managerial Support and University Support Personnel System Staff
6C1-3.056 Finance and Administration; Resignation and Non-Reappointment of Technical, Executive, Administrative, and Managerial Support Staff
6C1-3.057 Finance and Administration; Workers' Compensation, Unemployment Compensation and Drug Testing
6C1-3.058 Finance and Administration; University Complaint Procedure for University Support Personnel System Employees
6C1-3.059 Finance and Administration; Pay Upon Appointment and Probationary Status After Promotion; University Support Personnel System Employees
6C1-3.061 Finance and Administration; Personnel Policy for Technical, Executive, Administrative, and Managerial Support Staff; Recruitment and Selection
6C1-3.062 Finance and Administration; General Personnel Policy for Technical, Executive, Administrative, and Managerial Support and University Support Personnel System Employees
6C1-3.070 Finance and Administration; Construction; Acquisition of Professional and Design/Build Services
6C1-3.071 Finance and Administration; Construction; Acquisition of Construction Management Services
6C1-3.072 Finance and Administration; Construction; Construction Contract Bidding and Award (Contractor)
6C1-3.073 Finance and Administration; Construction; Bid Protests (Contractor Only)
6C1-3.074 Finance and Administration; Construction; Evaluations of Professional Service Providers (Including Architects and Engineers), Design/Builders, Construction Managers and Contractors; Disqualification Procedure
6C1-3.075 Finance and Administration; Construction; Procedures for Payment under Unbonded Construction Projects
6C1-3.076 Finance and Administration; Construction; Procedures to Contract for Construction Service
6C1-3.002 Finance and Administration; University Financial Services.
(1) Students whose accounts are delinquent with the University of Florida may be denied release of transcripts, the awarding of diplomas, the granting of loans and/or registration, the use of University facilities and/or services, and admission to University functions, including Athletic Association events. Delinquency is defined as having a financial obligation to the University which has been billed to the student and has not been paid by the established due date.
(2) A student may not be granted a loan through the University’s student financial aid system when:
(a) The student is not currently enrolled;
(b) The student’s history with the University reveals that the student on more than one occasion failed to repay prior loans within eleven to thirty days after due date, or on one occasion failed to make the required payment within thirty-one days after the due date.
(3) When a check written by a University of Florida student is returned uncollected and is not redeemed within seven days, it is considered to be a delinquent account with the University and the student’s academic progress will be suspended and no transcripts will be released or diplomas awarded to the student until the account has been paid in full.
Specific Authority 240.227(1) FS. Law Implemented 240.291 FS. History–New 9-29-75, Amended 3-9-76, 2-11-82, Formerly 6C1-3.02, Amended 5-21-89, 5-18-92, 4-30-95, 7-15-97, 6-28-98.
6C1-3.0021 Finance and Administration; Third-party Donors.
(1) The University of Florida will not release transcripts or diplomas to students whose third-party donor is more than one term delinquent in paying their fees.
(2) The University of Florida will not accept any new students to be billed to a third-party donor if the third-party donor is more than two terms delinquent in making any payments for which it has indicated it will be responsible.
(3) The University of Florida will not accept any additional fee charges for current students to be billed to a third-party donor’s account if the account is more than two terms delinquent.
(4) The University of Florida may directly assess a student and pursue collection therefrom for any fees or charges due the University which the third-party donor has failed to pay within a reasonable period. This action will take place after the University determines that collection from the third-party has failed and further action against same is deemed unwarranted.
Specific Authority 240.227(1) FS. Law Implemented 240.227(1), 240.291 FS. History–New 2-11-82, Formerly 6C1-3.021.
6C1-3.0022 Finance and Administration; Check Cashing and Bill Paying; Returned Check Service Charge, and Convenience Fee.
(1) The University reserves the right to require all delinquent accounts to be paid only in cash, cashiers check, or money order.
(2) The University reserves the right to refuse to cash two-party checks, altered checks, and checks that will not photocopy.
(3) For international checks, the University of Florida will assess any additional charges necessary to cover any foreign bank processing charges or differences in currency exchange rates. At no time will the total amount received by the University in current U.S. dollars exceed the total of the original amount owed in U.S. dollars.
(4) When a check is returned uncollected and is not redeemed within seven (7) days, it is considered to be a delinquent account with the University and if a student check, the student’s registration will be suspended until the account has been paid in full. A minimum service charge of $25.00 will be charged. Thirty ($30.00) dollars will be charged if the check is greater than $50.00 but less than $300.00, and $40.00 will be charged for returned checks of $300.00 or more.
Specific Authority 229.0081(2) FS. Law Implemented 215.322(3)(b), 240.289, 240.291, 832.07 FS. History–New 2-11-82, Formerly 6C1-3.022, Amended 5-18-92, 5-1-96, 7-15-97, 10-7-99, 6-27-02.
6C1-3.003 Finance and Administration; Campus Mail Service.
(1) The Campus Mail Service posts and delivers United States mail. United States mail will be delivered to University groups and organizations, University persons, and University related groups and organizations on campus through the Campus Mail Service or by the Postal Service in accordance with existing agreements with the Postal Service.
(2) Official University mail to be consigned to the United States Postal Service will be processed through the Campus Mail Service, including application of postage, when a postage charge for the mail has been authorized in advance by the mailing department and chargeable to a University account. Personal mail will not be handled by the Campus Mail Service. United States mail may be posted with the branch post office at the J. Hillis Miller Health Center.
(3) The Campus Mail Service maintains an interdepartmental communications system. Free services are restricted to official interdepartmental communications originating from departments and/or organizations which receive funding from the University and have a budgetary account. In addition, the Office of Finance and Administration will approve the use of campus mail service on a limited basis for communications of commercial companies that have been chosen to provide employee fringe benefit programs through payroll deductions, when these communications deal directly with these fringe benefit programs. Upon payment of an appropriate fee in an amount sufficient to cover costs and overhead as approved by the Vice President for Finance and Administration, campus mail services also will be provided to non-university entities for delivery to on-campus housing students only as long as the items to be delivered are not directed to a specific person or address.
Specific Authority 240.227(1) FS. Law Implemented 240.227(5), (12), (13), (19) FS. History–New 9-29-75, Amended 10-14-85, Formerly 6C1-3.03, Amended 10-7-99.
6C1-3.0031 Finance and Administration; Volunteers.
(1) Purpose and Definition.
(a) This rule provides general guidelines for the recruitment, screening, training, responsibility, utilization and supervision of volunteers rendering services to the University.
(b) A volunteer is any person who, of his or her own free will, provides services to the University with no monetary or material compensation, on a continuous, occasional, or one-time basis.
(2) Responsibilities of Colleges, Schools, and Divisions.
(a) Each college, school, division, and operational unit is authorized and encouraged to utilize volunteers to assist in carrying out its programs. Deans, directors, and department chairpersons must coordinate the use of volunteers in their respective units. The responsibility for the recruitment, screening, training, utilization, and/or supervision of volunteers may be delegated to department chairpersons and heads of operational units.
(b) Each department/operational unit shall record the number, location and duties of volunteers, and the total number of annual hours of volunteer service provided to the department. Such information must be maintained on file by each department/operational unit unless determined otherwise by the appropriate dean or director.
(3) Screening, Acceptance and Benefits.
(a) Each person wishing to become a volunteer shall furnish to the appropriate department/operational unit such personal and professional information as may be necessary for the determination of his or her suitability as a volunteer. The department/ operational unit seeking volunteer services shall be responsible for the screening and selection of volunteers. All volunteers shall be at least 14 years of age.
(b) Volunteers shall be advised that they are entitled to workers’ compensation and state liability protection under the same conditions as state employees. Volunteers shall be eligible for the other benefits listed in Sections 110.502 and 110.504, F.S., only as approved by the college, school, division or operational unit.
(4) Training, Utilization and Supervision.
(a) Upon selection, the department/operational unit shall ensure that it has on file a completed Record of Volunteer Service for each volunteer. This form shall be completed by the volunteer and the University’s representative prior to the volunteer receiving any training and/or performing any services for the University. Record of Volunteer Services, Form DHR-RVS1, Rev. 10/02, incorporated herein by reference and are available from the Workers’ Compensation Office, Division of Human Resources, 433 Stadium, Post Office Box 115008, Gainesville, Florida 32611.
(b) Each department/operational unit shall provide in writing to each volunteer the specific tasks and/or duties to be performed and provide the volunteer with all appropriate work and safety training.
(c) Each department/operational unit shall ensure that it has on file a completed Parental/Guardian Authorization for Treatment of Minors, Form DHR-PGAT, Rev. 10/02, for volunteers under the age of 18 years which is incorporated herein by reference. This form shall be completed prior to such a volunteer receiving any training and/or performing any services for the University. Department/operational unit shall further ensure that all provisions of the State’s Child Labor Laws are adhered to for volunteers under the age of 18 years. Forms are available from the Workers’ Compensation Office, Division of Human Resources, 433 Stadium, Post Office Box 115008, Gainesville, Florida 32611.
(5) Responsibilities of Volunteers – Termination.
(a) Volunteers shall be expected to perform their services in a professional manner and in accordance with the policies and procedures of the University.
(b) Volunteer services may cease, at any time, at the request of the volunteer or at the discretion of the University. A notice stating the effective date of the termination shall be provided to the volunteer.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 10-14-85, Formerly 6C1-3.031, Amended 4-30-95, 1-7-03.
6C1-3.005 Finance and Administration; University Police Department.
(1) The University of Florida Police Department shall protect the University’s population, buildings, grounds and equipment, preserve the peace, provide general police services to the university community and enforce the laws of the State of Florida, the ordinances of the City of Gainesville and County of Alachua, and the rules and regulations of the University of Florida.
(2) University police shall meet the minimum standards established by the Police Standards and Training Commission and Chapter 943, F.S., and the rules and regulations promulgated thereunder.
(3) Each university police officer shall, before entering into the performance of his duties, take the oath of office established by the university and the university shall enter into a good and sufficient bond on each officer, payable to the Governor and his successors in office, in the penal sum of $5,000.00 with a surety company authorized to do business in this State as surety thereon, conditioned on the faithful performance of the duties of said university police officer.
(4) Each university police officer shall be provided with a uniform set of identification credentials.
(5) University police officers occupy positions under the University of Florida Board of Trustees and are subject to the rules and regulations governing the appointment, status, removal and other employment conditions of employees of the University of Florida; except that a university police officer appointed with probationary status shall be required to serve a probationary period of 12 months of satisfactory service before attaining permanent status.
(6) Each university police officer shall be provided with the “University of Florida Police Manual” updated December 11, 2002, developed by the University of Florida Police Department to familiarize the officer with the policies and procedures of the department and to guide the officer in the execution of his or her official duties as prescribed by Section 1012.97(6), F.S.
Specific Authority 1001.74(4), 1012.97(6) FS. Law Implemented 1001.74(19), 1012.97 FS. History–New 11-11-79, Formerly 6C1-3.05, Amended 1-9-03.
6C1-3.0051 Finance and Administration; Lost or Abandoned Property.
(1) For the purposes of this rule, the following definitions shall apply:
(a) “University campus” or “campus” shall include those lands located in the City of Gainesville, Florida, occupied or controlled by the University of Florida, and bounded generally by 13th Street on the east, University Avenue on the north, 34th Street on the west and Archer Road on the south, along with any other educational or residential facilities occupied or controlled by the University within Alachua County, Florida.
(b) “Date of notification” is defined as the date on which an identified owner of lost or abandoned property is notified by the Property Custodian that such property is in custody and informed of the location and means by which the property may be released. If notification is by mail, the date of notification is five business days after the date the letter is mailed.
(c) “Date of receipt” is defined as the date lost or abandoned property comes into the custody of the Property Custodian as recorded by the Property Custodian.
(d) “Discarded items” are defined as tangible personal property and other personal objects left on campus that have no identifiable owner, no appreciable value, and no apparent intrinsic value to the rightful owner. Discarded items are not subject to the procedures set forth in this rule.
(e) “Lost or abandoned property” is defined as tangible personal property with some appreciable value or apparent intrinsic value to the rightful owner that has been mislaid or deposited on campus and left unattended, including vehicles that are deemed abandoned in accordance with subsection (2) of this rule. Lost or abandoned property may or may not have an identifiable owner.
(f) “Notice of impoundment” is defined as a letter sent by the University of Florida Police Department (University Police Department) to the registered owner of an impounded vehicle via certified mail or a notice posted on the vehicle pursuant to Rule 6C1-3.0131, F.A.C., notifying the registered owner that the vehicle has been impounded and stating the place and means by which the vehicle’s release may be secured.
(g) “Property custodian” is defined as the individual(s) designated by the University President to manage the transfer, storage, and disposal of property lost or abandoned on campus in accordance with Section 705.18, F.S.; persons designated by the Property Custodian to carry out any of these duties. The current designee is the Chief of the University Police Department.
(2) Property Deemed Abandoned. A vehicle that has been impounded pursuant to Rule 6C1-3.013, F.A.C., will be deemed abandoned if not claimed and released pursuant to subsection 6C1-3.015(9), F.A.C., within thirty (30) calendar days from the date of impoundment or fifteen (15) days from the date of receipt of the notice of impoundment, whichever is later, or, if the impoundment has been appealed pursuant to subsection 6C1-3.015(9), F.A.C., within thirty (30) calendar days from the date of the probable cause hearing, or if the probable cause determination is appealed, within thirty (30) calendar days from the date of the final determination. The date the vehicle is deemed abandoned in accordance with the above shall be recorded by the Property Custodian as the date of receipt of abandoned property for purposes of this rule. Property deemed abandoned shall be treated as abandoned property under the procedures set forth in subsection (3) of this rule.
(3) Procedures.
(a) All reports pertaining to missing, lost, stolen, or abandoned property that is or may be located on campus shall be made to the University Police Department.
(b) All lost or abandoned property found on campus shall be delivered to the Property Custodian who shall record the date of receipt of the property and retain custody of the property until disposed of in accordance with this rule.
(c) If the rightful owner of the property is identifiable, the Property Custodian shall make reasonable efforts to contact and notify the rightful owner of the location and means by which the property may be released.
(d) In determining whether the rightful owner is identifiable, the Property Custodian shall compare outstanding reports made to the University Police Department of missing, lost, or stolen property to the property in custody. Property that appears to be recovered stolen property may be retained by the University Police Department as necessary for evidentiary and/or investigative purposes.
(e) If lost or abandoned property is not claimed by the rightful owner within thirty (30) calendar days from the date of receipt recorded by the Property Custodian, or a longer period of time as may be deemed appropriate by the Property Custodian, such property will be sold at public auction in accordance with Section 705.18, F.S. The rightful owner of such property may reclaim the property at any time prior to sale.
(f) Notice of the auction shall be provided in accordance with Section 705.18(1), F.S., and shall be published no less than two (2) weeks prior to the auction and shall include a description of the items to be auctioned sufficiently detailed to allow the rightful owner to recognize the property.
(g) Any lost or abandoned property claimed by the rightful owner shall be released subject to any applicable liens, fees, fines, and reasonable costs of transport, storage and sale.
(h) If lost or abandoned property that is made available for sale at auction pursuant to Section 705.18, F.S., and this rule is not sold at such auction, the Property Custodian shall either retain the property for university use, donate it to a charitable organization, or discard it.
Specific Authority 1001.74(4) FS. Law Implemented 705.18 FS. History–New 7-19-05.
6C1-3.006 Finance and Administration; Traffic & Parking; Definitions.
(1) The operation and parking of a motor vehicle on the University of Florida campus is a privilege granted by the University rather than a right. All vehicles parked on campus during hours of restriction must properly display a university parking decal or permit. A parking decal is not a guarantee of a parking space. Each vehicle operator is responsible for finding a legal parking space. Lack of a space is not a valid excuse for violating any parking regulation. Parking meters are located throughout the campus for visitors to the university. Transportation and Parking Services operates a pay parking facility for use by patients and visitors to Shands Hospital and the J. Hillis Miller Health Center. The University assumes no liability for damage to vehicles operated or parked on the campus. Any such damage is a risk assumed by the owner or operator of the motor vehicle.
(2) The following are definitions of words and phrases used in the rules and regulations governing traffic, parking and registration of vehicles on the University of Florida campus.
(a) Bicycle – Includes every vehicle propelled solely by human power and every motorized bicycle as defined in Section 316.003(2), F.S.
(b) Business Days – All days except weekends and official University Holidays.
(c) Campus – Includes all of the property of the University of Florida located in Gainesville or adjacent areas.
(d) Decal – Sticker affixed to the vehicle allowing parking in designated areas when space is available.
(e) Employee – Any employee of the University of Florida including faculty, administrative and professional, university support personnel system staff and other personnel services (non-student) staff. For the purpose of these regulations, employees of university direct support organizations and non-university organizations contracted to provide services to the university shall have the same parking privileges as university employees.
(f) False Registration – Applying for or receiving a parking permit or decal by showing or giving false information or by other fraudulent means which shall include reproducing, altering or defacing a decal, a permit or any other document used for registration or used in lieu of a valid registration.
(g) Impound – To tow a vehicle away from the place in which it is parked or to seize and hold legal custody.
(h) Moped – Includes all vehicles described in Section 316.003(77), F.S.
(i) Motorcycle and Motor Scooter – Includes all motor vehicles with two or three wheels.
(j) Motor Vehicle – Includes all vehicles other than bicycles and mopeds.
(k) Parking Space – Areas governed by the University of Florida parking rules and regulations with parking spaces delineated by white, yellow or blue striping, a parking meter or physical barriers delineating parking parameters.
(l) Permit – A card temporarily displayed in the vehicle allowing parking for a limited period of time.
(m) Registration – Obtaining authorization to operate and park a vehicle on campus by receiving an appropriate decal or permit for a specified area(s).
(n) Restricted Area – An area within which an automobile may be parked if it bears the appropriate decal for that area.
(o) Reserved Space – An individual parking space, as approved by the President, appropriately marked for a particular license tag number, individual or position.
(p) Restricted Hours – The hours between 7:30 a.m. and 4:30 p.m., Monday through Friday, unless otherwise indicated.
(q) Service Area or Drive – Parking areas reserved only for properly identified service or emergency vehicles, commercial vehicles, or vehicles bearing proper authorization from Transportation and Parking Services. Service Areas or Drives are delineated by signs or pavement markings.
(r) Student – Includes all persons, not classified as faculty or staff, carrying one or more credit hours of graduate or undergraduate work. This includes Santa Fe Community College students who enroll in courses on campus.
(s) Student Classification – The student’s classification as established by the University of Florida Registrar.
(t) Transportation and Parking Services – The University unit responsible for issuing decals and permits for parking on campus and for collecting parking fees and parking fines. It is located on campus at 115 North-South Drive, (352)392-8048 (Voice) and (352)392-7106 (facsimile), and the mailing address is P. O. Box 112325, University of Florida, Gainesville, Florida 32611-2325. Its hours of operation are Monday through Friday from 8:00 a.m. to 5:00 p.m. except on University holidays.
Specific Authority 240.227(1), 240.264 FS. Law Implemented 240.263(2), 240.264 FS. History–New 9-29-75, Amended 8-15-78, 8-19-79, 8-26-81, 8-12-82, 3-6-85, Formerly 6C1-3.06, Amended 5-14-87, 4-27-88, 4-23-89, 4-17-90, 5-7-92, 5-19-93, 4-30-95, 5-1-96, 6-7-00, 5-22-01.
6C1-3.007 Finance and Administration; Traffic & Parking; Parking Registration.
(1) Transportation and Parking Services is responsible for issuing decals and permits for parking on campus and for collecting parking fees.
(2) To purchase a decal, students and employees must present a current title or motor vehicle registration certificate issued to the individual, his or her guardian, or to some person in his or her immediate family and a valid University identification card. Students must also present a current proof of address document.
(3) Students and employees may purchase no more than one (1) decal at any one time except as provided in subsections 6C1-3.007(9)(g), (12) and (13), F.A.C.
(4) Any person applying for or receiving a parking permit or decal by showing or giving false information or by other fraudulent means, which shall include reproducing, altering or defacing a decal, a permit, or any other document, shall be guilty of false registration.
(5) The registrant must park in accordance with his or her decal assignment and the decal may only be used by the registrant. The receipt of a parking permit or decal does not guarantee that a parking space will be available at all times.
(6) Annual or semester term decals may be purchased. Annual-term decals shall be effective from May 1 through April 30 of the year for which purchased. Semester-term decals shall be effective for one of the following semesters for which purchased:
(a) Summer – May 1 through August 31.
(b) Fall – September 1 through December 31.
(c) Spring – January 1 through April 30.
(NOTE: Registration fee may be higher when purchased by semester. All fees include the required 6% state sales tax.)
(7) Reserved spaces: Employees who register to park at the University and have a valid Official Business or a Restricted Area decal may purchase an individually reserved parking space, as approved by the President, upon payment of the appropriate fee shown below.
Annual Semester
$462.00$154.00
(8) Annual or semester decals for reserved parking areas may be purchased upon payment of the appropriate fee shown below.
(NOTE: Health Science Center reserved parking decals are not valid in other Blue One lots.)
Annual Semester
Reserved Gated Decals$672.00$224.00
Official Business Reserved Gated Decals$744.00$248.00
Medical Resident Reserved Area Decals$306.00$102.00
(9) Parking decals are sold under the following guidelines:
(a) Faculty, Technical, Executive, Administrative, and Managerial Support (TEAMS) and University Support Personnel System (USPS) employees are eligible for an Official Business decal, authorizing parking in Commuter and Restricted Area lots except where signs prohibit it. An Official Business decal is issued upon payment of the appropriate fee shown below:
Annual Semester
$276.00$92.00
(b) Faculty, TEAMS and USPS employees are eligible for Restricted Area decals, authorizing parking in designated restricted lots near his or her place of work and Commuter lots. A Restricted Area decal is issued upon payment of the appropriate fee shown below:
Annual Semester
$210.00$70.00
(c) Disabled employees possessing a State of Florida issued Handicapped Parking Placard are eligible for a University of Florida Disabled Parking decal upon approval of the University’s ADA office and payment of the appropriate fee shown below. This decal is required to park in any handicapped designated space on campus. This decal will also allow parking in any Restricted Area parking lot or garage on campus. If requested, the disabled employee is eligible to receive a reserved parking space in a Restricted Area parking lot or garage near their work site at no extra charge.
Annual Semester
$210.00$70.00
(d) Any employee is eligible for commuter parking. A Staff Commuter decal is issued upon payment of the appropriate fee shown below:
Annual Semester
$108.00$36.00
(e) Any student of the University of Florida is eligible to register for parking as authorized on campus upon payment of the appropriate fee shown below.
Annual Semester
$98.00$49.00
(f) Disabled students possessing a State of Florida or out-of-state Handicap Parking Placard are eligible for a University of Florida Disabled Parking decal upon approval of the University’s ADA office and payment of the appropriate fee shown below. This decal is required to park in any handicapped designated space on campus. This decal will also allow parking in any Restricted Area parking lot or garage on campus.
Annual Semester
$98.00$49.00
(g) In cases where an individual lives in family housing and also works for the University, he or she may purchase two decals for the same vehicle. In these cases, the full price for the higher-priced decal must be paid, and the price for the second decal is $5.00.
(h) Individual monthly and weekly parking permits may be sold to those requiring parking privileges on a short term basis upon approval of Transportation and Parking Services and payment of the appropriate fee shown below:
Monthly Weekly
Staff$30.00$10.00
Student$15.00$5.00
(i) Additional parking policies affecting students include the following:
1. Eligibility requirements for the various student decals will be established each year by Transportation and Parking Services prior to May 1st.
2. Eligibility for student decals will be determined by an annual analysis of the capacity of parking facilities, projected enrollment levels of students, the anticipated mix of students by class and credit hour designations, and the appropriate demand/ supply ratios that will occur from the proposed eligibility standards.
3. Eligibility requirements will be established with the goal of providing the most efficient and effective management of student parking facilities. Assignment of parking eligibility for facilities close to the core of campus will be made to graduate students and undergraduate students with the highest number of credit hours, up to the level that those parking facilities can provide reasonable accommodation.
4. Officials of University groups and organizations, as defined in paragraph 6C1-2.004(3)(a), F.A.C., may be issued Restricted Area permits during their terms of office upon request and approval by the Transportation Advisory Committee.
(10) Decal sales and refunds:
(a) The purchase of a staff decal will be prorated on a bi-weekly basis over the term of the decal. The prorated price will be determined at the time of purchase.
(b) A full refund is issued on parking decals when requested within fifteen (15) calendar days from the purchase or effective date.
(c) One twelfth (1/12) of the annual price for each unused month may be given on a annual decal. Refunds must be requested by the 5th of the month in order for the month to be considered unused.
(d) For employees on payroll deduction, payments made in excess of the amount due will be refunded.
(e) No refunds will be issued unless the decal or remains of the decal is returned to Transportation and Parking Services.
(11) Any person may operate a bicycle on the University of Florida campus. Bicycles are not required to be registered.
(12) Any student or employee having a valid operator’s license is eligible to register a motorcycle, moped, or motor scooter and purchase a decal for parking in designated motorcycle parking spaces only, upon payment of the appropriate fee shown below:
Annual Semester
$26.00$13.00
(13) Any commercial visitor engaged in official business with the University of Florida is eligible to register and purchase a Commercial decal for each vehicle brought on campus. This entitles the holder to park in Commuter or Restricted Area lots. The decals may not be used by the registrant or by members of the registrant’s family or others to conduct personal business on campus. A Commercial decal may be purchased upon payment of the appropriate fee shown below:
Annual Semester
$276.00$92.00
(NOTE: Students who qualify for a Commercial decal must register and purchase a student decal in accordance with paragraph 6C1-3.007(9)(e), F.A.C. Both decals must be properly affixed to the vehicle in accordance with the instructions supplied with the decal. Commercial decals are valid for parking to conduct commercial business only.)
(14) Any appropriately-marked vendor, delivery or commercial vehicle engaged in official business with the University of Florida may be permitted to go about that business without obtaining a permit or paying a fee. The vehicle must be clearly and permanently marked on both sides.
(15) Designated parking spaces will be reserved for: (1) deans and assistant vice presidents or higher positions when the employee’s office is not near a gated parking lot, (2) employees having sufficient medical reasons, and (3) full-time professional resident staff living in the residence halls.
(16) Official Business parking permits are issued to University departments or other appropriate administrative units upon approval of a written request submitted by the department chairperson or unit director to Transportation and Parking Services. These permits are to be used by employees without an Official Business decal, but who perform duties at several locations on campus, and may also be used on any decaled vehicle for parking to load and unload in Service Areas for up to one hour.
(17) Temporary parking permits to employees and students may be issued at no charge upon approval of Transportation and Parking Services.
(18) The Parking and Transportation Committee shall have authority to approve special parking requests as needed.
(19) Decals must be properly displayed on vehicles.
(a) A decal evidencing registration is issued to the registrant and must be immediately affixed in accordance with the instructions supplied with the decal. No grace period is allowed.
(b) A vehicle bearing an illegal or improperly attached decal is not entitled to the privileges normally afforded by such decal.
(c) Lost, misplaced, or defaced decals must be replaced immediately.
(d) Changes in affiliation or address affecting the validity of the decal issued must be reported immediately to Transportation and Parking Services and a replacement decal purchased. The former decal must be surrendered.
(20) A replacement decal is $15.00 regardless of whether the original was an annual or semester decal.
Specific Authority 1001.74(4), 1006.66(2) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 9-29-75, Amended 8-15-78, 8-19-79, 8-4-80, 8-26-81, 8-12-82, 3-6-85, 5-9-85, 10-14-85, Formerly 6C1-3.07, Amended 5-19-86, 5-14-87, 4-27-88, 4-23-89, 4-17-90, 5-7-92, 5-19-93, 4-30-95, 5-1-96, 7-15-97, 5-3-98, 5-10-99, 6-7-00, 5-22-01, 7-19-01, 5-20-02, 6-3-03, 7-19-05.
6C1-3.008 Finance and Administration; Traffic & Parking; Miscellaneous Provisions.
(1) The President may authorize decals to be issued without charge when the University receives a benefit at no direct cost to the University.
(2) Upon payment of the appropriate fee, retired members of the faculty and staff are eligible to register and obtain the same parking privileges as if still employed by the University. A retired member of the faculty and staff honored with “emeritus” status is issued an Official Business decal without charge.
(3) Houseparents and maids, cooks, baby-sitters, etc., employed by private individuals may register and purchase a decal for the appropriate area, upon payment of the fee contained in paragraph 6C1-3.007(9)(d), F.A.C.
(4) Students who are temporarily disabled may be eligible for a temporary Restricted Area parking permit for up to thirty (30) days upon written request from a medical doctor.
(5) Visitors are issued temporary visitor’s permits by the checkpoint attendants stationed at the entrances to the central campus. Permits for longer periods may be requested from Transportation and Parking Services. These permits authorize driving and parking in designated areas only.
(6) Visitors on official business and visitors with ministerial, charitable or public service missions may be issued temporary permits valid for extended periods of time of a stated duration authorizing parking in designated areas only.
(7) Construction workers employed by contractors for campus construction are issued parking permits for parking on or as near the construction site as possible.
(8) Faculty, staff and students of Santa Fe Community College and other schools who use University facilities, including the library, are treated in the same manner as University of Florida faculty, staff and students.
(9) Special parking permits may be issued to outside agencies for use when making official business trips to the University of Florida.
(10) The managers of the cafeterias and bookstores on campus may obtain Service Drive Parking permits for their locations.
(11) Permits may not be used by the registrant or members of the registrant’s family or others to conduct personal business on campus and are subject to revocation if the special privileges are abused.
(12) Permits may be obtained from Parking Administrative Services to authorize parking in service areas.
(13) Students, Staff and Faculty of the University of Florida may not use the Visitor Pay Parking Facilities at the J. Hillis Miller Health Center during the posted hours of operation unless being treated as a patient of the Clinic or Hospital or unless visiting a patient in the Clinic or Hospital.
(14) The University of Florida requires that all University motor vehicles to have a current safety inspection decal. To obtain the safety inspection decal, each University motor vehicle must pass an annual safety inspection conducted by the University of Florida Motor Pool.
Specific Authority 240.227(1), 240.264 FS. Law Implemented 240.263(2), 240.264 FS. History–New 9-29-75, Amended 8-15-78, 8-19-79, 8-4-80, 8-26-81, 8-12-82, Formerly 6C1-3.08, Amended 5-14-87, 4-27-88, 4-23-89, 4-17-90, 5-7-92, 5-19-93, 4-30-95, 5-1-96, 7-1-96.
6C1-3.009 Finance and Administration; Traffic & Parking; Bus System.
(1) Transportation and Parking Services supervises the operation of the campus shuttle bus system (including the Handi-van). Use of the campus shuttle bus system is free to all faculty, staff, students, and visitors. Use of the City of Gainesville Regional Transit System is free to all University of Florida students and staff with a valid Gator 1 identification card.
(2) Effective Fall Semester 2005, a Transportation Access Fee of $4.24 per credit hour is assessed upon all courses and fundable credit hours taken by individuals at the University of Florida. Dental, medical and veterinary students must pay a semi-annual Transportation Access Fee of $84.80 (Eighty-four and 80/100 dollars). This fee is used to help support the on campus shuttle bus system and the City of Gainesville Regional Transit System.
(3) Students enrolled in a New World School of the Arts degree program in Miami are exempted from paying the Transportation Access Fee. Students enrolled in an off-campus course shall be assessed all, part, or none of the fee pursuant to the determination of the Office of the Provost based on the location and type of the course.
Specific Authority 1001.74(4), 1006.66(2) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 9-29-75, Amended 8-15-78, 8-26-81, 8-12-82, 5-14-85, Formerly 6C1-3.09, Amended 5-14-87, 4-27-88, 4-23-89, 4-30-95, 5-10-99, 5-22-01, 5-20-02, 6-3-03, 11-25-03, 5-30-04, 7-19-05.
6C1-3.010 Finance and Administration; Traffic & Parking; Control of Parking.
Parking is controlled on the campus under the following guidelines:
(1) No vehicle without a current decal or permit may be parked on campus during the restricted hours. Normal hours of restriction begin at 7:30 a.m. and end at 4:30 p.m. each day except on Saturday, Sunday and University holidays. Designated lots, areas or parking spaces may be restricted for longer periods (up to twenty-four hours a day, seven days a week) as provided in this rule.
(2) Designated areas of the campus are restricted to the use of motor vehicles having decals or permits authorizing entrance to and parking in the particular area. No unauthorized automobile may operate or park within such areas during restricted periods.
(3) Reserved parking spaces, parking spaces reserved for persons with disabilities, no-parking zones, fire lanes, and service areas are restricted at all times unless otherwise indicated.
(4) Parking or leaving any motor vehicle in any space or area for a period of time longer than is indicated by authorized signs is prohibited at all times.
(5) The University assumes no liability for damage to vehicles operated or parked on the campus. Any such damage is a risk assumed by the owner or operator of the motor vehicle.
(6) Other parking restrictions include:
(a) Motor vehicles must be parked within the markers whenever provided. Parking on or over a line or curb is prohibited.
(b) Parking on grass, sidewalks or crosswalks is prohibited.
(c) Parking with the front of the vehicle facing traffic is prohibited.
(d) Parking in such a way as to obstruct traffic or to create a hazard is prohibited.
(e) Continuous parking for extended periods is prohibited.
(f) Family housing residents may purchase a decal to park trailers, boats, campers, and similar vehicles by paying the appropriate decal fee.
(g) Designated parking areas may be set aside for pay parking or metered parking during established hours and an appropriate fee shall be assessed regardless of the decal or permit attached to the vehicle. Metered lots are enforced between the hours of 8 a.m. and 5 p.m., Monday through Friday.
(h) Backing into parking spaces is not allowed when signs prohibit it.
(i) Motor vehicles must be parked in designated parking spaces/areas only.
Specific Authority 240.227(1), 240.264 FS. Law Implemented 240.263(2), 240.264 FS. History–New 9-29-75, Amended 8-26-81, 8-12-82, 3-6-85, Formerly 6C1-3.10, Amended 5-14-87, 4-27-88, 4-23-89, 5-7-92, 5-19-93, 6-7-00.
6C1-3.011 Finance and Administration; Traffic & Parking; Control of Traffic.
(1) Each area of the campus is posted with a speed limit appropriate to the area. The main campus (teaching and residential areas and streets adjacent to family housing areas) is posted with a legal speed limit of 20 miles per hour. Streets wholly within the family housing areas are posted with 10-miles-per-hour speed limits. Driving any vehicle in excess of posted speed limits is prohibited.
(2) City, University and State traffic regulations, rules and directive signs govern the use of motor vehicles on campus and must be observed at all times. Violators are subject to a Uniform Traffic Citation which must be paid at the Alachua County Courthouse and for which points may be assessed on their State of Florida Drivers License.
(3) Motorists must also operate under the following guidelines:
(a) Motorists must give right-of-way to pedestrians crossing at designated, marked crosswalks.
(b) Unnecessary noise from horns and mufflers or any other noise device is prohibited at all times.
(c) Driving on grass and paths or sidewalks is prohibited except in those instances where sidewalks are designated for the use of bicycles.
(d) Making a U-turn on campus is prohibited except where designated (some dead-end streets).
(e) Failing to observe a stop sign or stop light while operating a motor vehicle is prohibited.
(f) Operating a motor vehicle against authorized signs indicating the direction in which traffic should flow is prohibited.
(g) Failure to yield right-of-way while operating a motor vehicle is prohibited.
(h) Operating a motor vehicle from one lane of traffic to another without first ascertaining if such movement can be made with safety is prohibited.
(i) Traffic laws and regulations are in effect 24 hours a day except as limited in these regulations.
Specific Authority 240.227(1), 240.264 FS. Law Implemented 240.227(1), 240.263(2), 240.264, 240.265 FS. History–New 9-29-75, Formerly 6C1-3.11, Amended 5-14-87.
6C1-3.013 Finance and Administration; Traffic & Parking; Violations.
(1) Any person operating or parking a vehicle in violation of these rules and regulations is issued a citation and/or becomes subject to arrest. In addition, the vehicle may be subject to impoundment.
(2) The person in whose name the decal or vehicle is registered is issued a citation in the event such vehicle is found parked or standing in violation of these rules and regulations and such vehicle is unattended by a driver. (NOTE: decals must be removed if the vehicle is sold.)
(3) The University of Florida police have the authority to cause motor vehicles to be removed and impounded or impounded in place when left unoccupied on the University of Florida campus under any of the following circumstances:
(a) When parked or left standing illegally in a no-parking zone, service area, fire lane, or in a space reserved for disabled persons;
(b) When parked or left standing illegally in an individually-reserved parking space or any reserved or restricted parking area;
(c) When parked or left standing illegally in a manner so as to obstruct traffic or create a hazard to safety;
(d) When parked or left standing illegally in any bus stop;
(e) When parked or left standing continuously for an extended period of time;
(f) When the use of the vehicle is in violation of the decal registration regulations of the University of Florida;
(g) When a motor vehicle against which there is one or more citations in default as provided in subsection 6C1-3.014(3), F.A.C., is parked or left standing on campus; or
(h) When the motor vehicle of a person whose driving and parking privileges have been suspended under the provisions of subsection 6C1-3.014(4), F.A.C., is parked or left standing on campus.
(4) All University vehicles shall pass an annual safety inspection conducted by the University of Florida Motor Pool. The University of Florida Police have the authority to impound any University of Florida owned vehicle that does not have a current University safety inspection decal.
(5) Any and all charges or fees involved in impounding a motor vehicle are charged against the vehicle and the owner, and such fees and all unpaid fines must be paid before the vehicle is released unless it has been determined pursuant to subsection 6C1-3.015(8), F.A.C., that the motor vehicle must be released without payment of such charges. In the case of University of Florida owned vehicles, the charges or fees shall be paid by the department to which the vehicle is assigned.
(6) The maximum impound fee shall be $50.00.
Specific Authority 1001.74(4), 1006.66(2) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 9-29-75, Amended 3-6-85, Formerly 6C1-3.13, Amended 5-14-87, 4-27-88, 4-23-89, 5-19-93, 4-30-95, 5-1-96, 6-28-98, 6-3-03.
6C1-3.0131 Finance and Administration; Traffic & Parking; Use of Devices to Impound Vehicles.
(1) University of Florida police are authorized to impound a vehicle without removal through use of a mechanical device only if the vehicle is subject to removal and impoundment as provided in Rule 6C1-3.013, F.A.C., and the following conditions are present:
(a) The vehicle is located in a place which would not pose a hazard to traffic;
(b) Application of the device would not damage the vehicle; and
(c) Notice that such device has been placed on the vehicle is posted in a prominent location on the window or windshield of the vehicle where the operator of the vehicle would reasonably be expected to observe it.
(2) The notice to be posted on the vehicle shall state the place and/or means by which the vehicle’s release may be secured. The vehicle shall be released in accordance with subsection 6C1-3.015(9), F.A.C.
(3) The immobilizing device used to impound vehicles is the property of the University of Florida, and any damage to it shall make the offender liable for the destruction of University property. Removing the device, tampering with the device, or moving the vehicle by any means before the device is removed by the University of Florida Police constitutes a separate and additional offense.
Specific Authority 240.227(1), 240.264 FS. Law Implemented 240.227(1), 240.263(2), 240.264, 240.265 FS. History–New 8-12-82, Amended 3-6-85, Formerly 6C1-3.131, Amended 4-27-88, 4-23-89, 5-7-92, 4-30-95.
6C1-3.014 Finance and Administration; Traffic & Parking; Fine Schedule.
(1) The schedule of violations, and the accompanying fines are:
(a) No or expired decal or permit – $20.00;
(b) Parking out of assigned area – $20.00;
(c) Parking in a restricted area – $20.00;
(d) Parking in a reserved parking space – $20.00;
(e) Overtime Parking – $7.00;
(f) Parking over lines – $5.00;
(g) Parking on grass – $20.00;
(h) Parking facing traffic – $20.00;
(i) Parking on sidewalk – $20.00;
(j) Parking obstructing traffic – $20.00;
(k) Parking illegally in a service area – $20.00;
(l) Parking in No Parking Zone – $20.00;
(m) Decal improperly attached – $5.00;
(n) False registration – $100.00 plus the cost of the equivalent parking decal;
(o) The use of an unauthorized duplicate or lost or stolen decal – $100.00 plus the cost of the equivalent parking decal;
(p) Unauthorized use of decal or permit – $20.00;
(q) Driving/parking on campus while eligibility is suspended – $50.00;
(r) Failure to pay parking lot fee – $20.00;
(s) Unauthorized operation of a vehicle in a restricted area – $35.00;
(t) Backed into parking spaces where prohibited – $20.00;
(u) Parking without a permit in a parking space reserved for persons with disabilities – $250.00;
(v) Bicycles parked out of assigned area – $5.00;
(w) Tampering with or unauthorized removal of, an immobilizing device – $100.00 plus the purchase price of the device if not returned to the University undamaged.
(2) The above schedule covers all motor vehicles, mopeds and bicycles, as appropriate, and applies to all offenders. All listed fines are maximums and may be reduced at the discretion of the University Traffic Authority.
(3) Any individual who receives a citation must pay the fine or file a statement of appeal with the University Traffic Authority as provided in Rule 6C1-3.015, F.A.C. Failure to pay the fine or to file a statement of appeal within twenty (20) business days from the date of the citation constitutes a default and the citation will be considered delinquent. The appropriate penalty, plus an additional $5.00 administrative fee shall be imposed. Failure to respond to a citation will result in the impoundment of the vehicle at the owner’s expense. The vehicle will not be released until all fines and fees are paid.
(4) If any vehicle is cited for violations as provided for in this rule more than five (5) times during the period May 1 through April 30, each additional violation may result in impoundment of the vehicle. Any individual who accumulates more than 10 citations during the period May 1 through April 30 may have his or her campus driving and parking privileges suspended for one year. In all cases in which these privileges have been suspended, the University Police Department is authorized to remove the decal, impound the vehicle, and issue a citation.
Specific Authority 1001.74(4), 1006.66(2) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 9-29-75, Amended 8-12-82, 3-6-85, 5-9-85, Formerly 6C1-3.14, Amended 5-14-87, 4-27-88, 4-23-89, 4-17-90, 5-19-93, 4-30-95, 6-28-98, 6-7-00, 5-22-01, 1-12-05.
6C1-3.015 Finance and Administration; Traffic & Parking; Jurisdiction; Appeals.
(1) The Alachua County Court has jurisdiction over all criminal traffic violations and all traffic infractions as defined in Chapter 316, F.S.
(2) The University Traffic Authority, which consists of the Student Traffic Court, the Staff and Faculty Traffic Authority, the University Hearing Authorities, and the Suspension Appeals Authority, as described in this rule, has jurisdiction over all violations of the University rules and regulations governing traffic, parking and vehicle registration on campus.
(3) No person who is delinquent in the payment of a penalty is permitted to register his/her vehicle for operation on the campus. No student who is delinquent in the payment of a penalty is permitted to register at a state university, to receive a degree, or to obtain an academic transcript during such delinquency.
(4) CITATION APPEALS PROCEDURE:
(a) Persons who wish to appeal the citation of a parking violation must file a Statement of Appeal with Transportation and Parking Services within twenty (20) business days from the date of the citation. Failure to file an appeal within the twenty (20) business days of the date of the citation will result in the person’s forfeiture of the right to appeal the citation. A Statement of Appeal shall include the appellant’s name, mailing address, University identification number (if applicable) and citation number and should include all information concerning the circumstances of the cited offense as well as the basis claimed for requesting dismissal of the charges.
(b) An Administrative Hearing Officer who is a member of the Student Traffic Court (for students) or the Staff and Faculty Traffic Authority (for all faculty, staff or visitors) will adjudicate the initial appeal of a parking citation.
(c) If the initial ruling by the Administrative Hearing officer is unacceptable to the appellant, a second appeal may be requested before a University Hearing Authority. The statement of Appeal to a University Hearing Authority must be filed with Transportation and Parking Services within twenty (20) business days from the date of the decision of the Administrative Hearing Officer. Failure to file the appeal in a timely manner will result in the person’s forfeiture of the right to appeal the citation to a University Hearing Authority. Transportation and Parking Services will place the Statement of Appeal on the agenda of the earliest possible scheduled meeting of a University Hearing Authority and shall give the appellant written notice of the date, time and location of the hearing at which the Authority will consider the case. During the course of the hearing by the Authority, the appellant shall have an opportunity to present evidence in support of the information contained in the Statement of Appeal. In order to request a hearing, the appellant will be required to pay his or her parking citation. This payment will be refunded to the individual if the University Hearing Authority rules in the appellant’s favor.
(d) Requests for continuances of the scheduled hearing date are discouraged, but will be granted only once upon written notification to the Administrative Hearing Officer or chair of the assigned University Hearing Authority of extenuating circumstances justifying a continuance at least 24 hours prior to the scheduled hearing time. Persons failing to obtain a continuance and who do not appear for their scheduled hearing will forfeit their right to a hearing and shall have their appeal adjudicated upon the record before the Authority.
(5)(a) STUDENT TRAFFIC COURT, through its duly appointed Administrative Hearing Officer, shall have jurisdiction over the initial appeal of citations issued to students. The Student Traffic Court, a division of Student Government, will consist of a Chief Justice and twelve other student Administrative Hearing Officers appointed by the Student Body President with the consultation of the Vice president of Student Affairs.
(b) In those cases in which a student files an appeal, a Student Traffic Court Administrative Hearing Officer determines whether such student is guilty or innocent of the charge. The Administrative Hearing Officer will reduce the monetary or restrictive penalty if he or she finds that the violation does not represent a repeated pattern of behavior by the violator, full imposition of the monetary or restrictive penalty would result in unnecessary hardship or burden or reduction would be in the best interest of the University.
(6)(a) THE STAFF AND FACULTY TRAFFIC AUTHORITY shall have jurisdiction over the initial appeal of citations issued to all employees and visitors. The Staff and Faculty Traffic Authority will consist of employee (as defined in Rule 6C1-3.006, F.A.C.) Administrative Hearing Officers appointed by the President of the University or the President’s designee.
(b) In those cases in which an employee or visitor files an appeal, an Administrative Hearing Officer from the Staff and Faculty Traffic Authority determines whether such person is guilty or innocent of the charge. The Administrative Hearing Officer will reduce the monetary or restrictive penalty if he or she finds that the violation does not represent a repeated pattern of behavior by the violator, full imposition of the monetary or restrictive penalty would result in unnecessary hardship or burden or reduction would be in the best interest of the University.
(7)(a) UNIVERSITY HEARING AUTHORITIES shall have jurisdiction over the second appeal of citations issued to all faculty, staff, students and visitors. Each University Hearing Authority shall consist of a chairperson, two university employees and two students, all of whom are Administrative Hearing Officers. One-half of the chairpersons shall be student Administrative Hearing Officers, and one-half shall be employee Administrative Hearing Officers. Members of each University Hearing Authority will be selected by the Vice President for Finance and Administration or the Vice President’s designee.
(b) In those cases in which a person files an appeal of the decision of an Administrative Hearing Officer, the person may choose to be present at the meeting of the University Hearing Authority to which the appeal is assigned and shall have the opportunity to present evidence in support of the information contained in the Statement of Appeal. The University Hearing Authority determines whether the individual is guilty or innocent of the charge. The University Hearing Authority will reduce the monetary or restrictive penalty if it finds that the violation does not represent a repeated pattern of behavior by the violator, full imposition of the monetary or restrictive penalty would result in unnecessary hardship or burden, or reduction would be in the best interest of the University. A simple majority of the University Hearing Authority will constitute a quorum, and decisions of a majority of such quorum shall be final.
(8) THE SUSPENSION APPEALS AUTHORITY shall have jurisdiction over all staff, faculty and students whose driving and parking privileges have been suspended pursuant to subsection 6C1-3.014(4), F.A.C. The Authority shall be appointed by the President of the University. It shall consist of three (3) students and three (3) members selected from staff, faculty and Technical, Executive, Administrative, and Managerial Support (TEAMS) personnel of the University and employees of Shands Teaching Hospital and Clinics, Inc. One member of the Authority will be appointed chairperson by the President. Three members of the Authority will constitute a quorum and decisions of a majority of such quorum shall be final.
(9) IMPOUNDMENT APPEAL PROCEDURE.
(a) Persons whose vehicle has been impounded shall have the right to a probable cause hearing before an impartial hearing officer or committee appointed by the President or the President’s designee provided a timely request is made therefor. The purpose of the hearing is to determine if there is probable cause for continued detention of the vehicle. No hearing will be held unless requested in writing by the owner of the vehicle or his/her agent at the University Police Department or Transportation and Parking Services. The hearing shall be held within seventy-two (72) hours from receipt of said written request. In lieu of the probable cause hearing, or pending such hearing, or if probable cause is found at such hearing, the owner of the vehicle or his/her agent may obtain release of the vehicle by paying the impound charges and delinquent fines.
(b) If the hearing officer or committee finds probable cause to impound the vehicle, the individual is then given the prerogative of appealing the citation to a University Hearing Authority.
(c) If no probable cause is found to impound the vehicle, it shall be released without requiring the owner to pay impound charges. If the vehicle was previously released upon payment, as provided in paragraph (9)(a) above, such payment shall be refunded.
(d) Failure to request a probable cause hearing within fifteen (15) calendar days from the date the notice of impoundment is received constitutes a waiver of said hearing and the vehicle shall be released only upon payment of the impound charges and delinquent fines.
Specific Authority 1001.74(4), 1006.66(2) FS. Law Implemented 1001.74(35), 1006.66 FS. History–New 9-29-75, Amended 8-19-79, 8-12-82, 3-6-85, Formerly 6C1-3.15, Amended 2-9-87, 5-14-87, 4-27-88, 4-23-89, 5-7-92, 5-19-93, 7-11-94, 4-30-95, 6-28-98, 6-7-00, 1-12-05.
6C1-3.017 Finance and Administration; Mailing Lists and Labels.
The names and addresses of faculty, staff and students are available in the form of mailing labels and/or lists. Labels and lists will be prepared in response to written requests which must state the purpose for which such labels/lists will be used. Requests from registered student organizations are to be submitted to the Office of Student Affairs, 159 Tigert Hall. All requests for faculty and staff information are to be submitted to the Information Systems Office, 33 Tigert Hall. All requests for student information are to be submitted to the Registrar’s Office, 222 Criser Hall. Appropriate charges covering production costs will be assessed for labels/ lists which are to be used for purposes other than in conjunction with the official operation of the University of Florida.
Specific Authority 240.227(1) FS. Law Implemented 240.227(7) FS. History–New 9-29-75, Amended 3-6-85, Formerly 6C1-3.17, Amended 6-28-98.
6C1-3.020 Finance and Administration; Purchasing.
(1) Statement of Intent. It is the intent of the University to acquire quality goods and services within reasonable or required time frames, while promoting fair and open competition in the public procurement process. Responsible purchasing officials shall be protected from improper pressures of external political or business interests. The process shall reduce the appearance and opportunity for favoritism, ensure that contracts are awarded equitably and economically, and establish effective management oversight in the acquisition of commodities and contractual services, in order to preserve the integrity of public purchasing and contracting. The opportunity to bid on University contracts is a privilege, not a right.
(2) Definitions.
(a) Artistic Services – Services provided by an individual or group of individuals who profess and practice a skill in the area of music, dance, drama, folk art, creative writing, painting, sculpture, photography, graphic arts, web design, craft arts, industrial design, costume design, fashion design, motion pictures, television, radio or tape and sound recording or in any other related field.
(b) Commodity – Any of the various supplies, materials, goods, merchandise, food, equipment or other personal property, including a mobile home, trailer or other portable structure, which are purchased, leased, lease-purchased or otherwise contracted for by the University. “Commodity” also includes interest on deferred-payment contracts entered into by the University for the purchase of other commodities. Printing of publications shall be considered a “commodity” when let upon contract in accordance with Section 283.33, F.S. Software to be used pursuant to license agreements shall be considered a “commodity.”
(c) Competitive Bid/Proposal – The response submitted to an Invitation to Bid, Invitation to Negotiate, or a Request for Proposal by responsive and qualified bidders or offerors.
(d) Competitive Negotiation – The establishment of a contract through deliberation, discussion or conference on the specifications, terms and conditions of a proposed agreement.
(e) Competitive Solicitation – An Invitation to Bid, Request for Proposal or Invitation to Negotiate to competitively select a contractor.
(f) Contractor/Vendor – A person or firm who contracts to sell commodities or contractual services to the University.
(g) Contractual Service – The rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent contractors. “Contractual service” does not include labor or materials or selection of professional services for the construction, renovation, repair or demolition of facilities.
(h) Extension – An increase in the time allowed for the contract period.
(i) Independent Contractor – A person or firm who provides a service to the University, but does not have any employment or other relationship or connection with that University, except as provided in Section 112.313, F.S.
(j) Invitation to Bid – A written solicitation for competitive bids with the title, date, and hour of the public bid opening designated and the commodity, group of commodities or services defined, for which bids are sought.
(k) Invitation to Negotiate – An invitation extended to prospective contractors by the University, whether by advertisement, written solicitation, electronic media or any other form of communication, to define the specifications, terms and conditions of a contract for commodities or contractual services. Cost may or may not be a consideration in the initial stages of negotiating.
(l) Minority Business Enterprise – A business concern as defined in Section 288.703(2), F.S.
(m) President – The chief executive officer of the University, responsible for its operation and administration.
(n) Public Entity Crime – A violation of any state or federal law by a person in the transaction of business with any public entity of any state or with the United States government involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation.
(o) Purchase – An acquisition of commodities services obtained by purchase order or contract whether by rent, lease, installment- or lease-purchase, outright purchase, or license.
(p) Purchases for Resale – The purchase of commodities or contractual services acquired for the purpose of selling them for the benefit of the University.
(q) Renewal – Contracting with the same contractor for an additional period of time after the initial contract term, provided the original terms of the agreement specify an option to renew.
(r) Request for Proposal – A written solicitation for competitive proposals for commodities or contractual services with the title, date, and hour of the public opening designated. The request for proposal may be used when the scope of work is not clearly defined.
(s) Responsive and Qualified Bidder or Offeror – A contractor/vendor who has submitted a bid or proposal that conforms in all material respects to a competitive solicitation.
(t) Term Contract – An indefinite quantity contract for the purchase of commodities or contractual services during a prescribed period of time.
(3) The University Board of Trustees has authority to establish a system of coordinated procurement policies, procedures, and practices to be used in acquiring commodities and contractual services required by the University. The Purchasing Department has the duty to:
(a) Canvass sources of supply and contracting for the purchase or lease of all commodities and contractual services for the University, in any manner, including purchase by installment- or lease-purchase contracts. Installment- or lease-purchase contracts may provide for the payment of interest on unpaid portions of the purchase price.
(b) Remove any contractor from the University’s competitive vendor list that fails to respond to three (3) or more invitations or to fulfill any of its duties specified in a contract with the University and to reinstate any such contractor when satisfied that further instances of default will not occur. A “No Bid” is a response.
(c) Plan and coordinating purchases in volume and negotiating and executing agreements and contracts for commodities and contractual services under which the University may make purchases.
(d) Develop an Annual Certification List to serve as a waiver of the competitive solicitation requirement for commodities/ services that are frequently purchased and are available from a single source.
(e) Evaluate and approve contracts let by the Federal Government, other states, political subdivisions, or any independent college or university or educational cooperative or educational consortium of the procurement of commodities and contractual services, when it is determined to be cost-effective and in the best interest of the University to make purchases under contracts let by such other entities.
(f) Elect as an alternative to any provision in Section 120.57(3)(c), F.S., to proceed with a bid solicitation or contract award process when it is set forth, in writing, that the particular facts and circumstances which demonstrate that the delay due to staying the solicitation or contract award process would be detrimental to the interests of the University. After the award of contract resulting from a competitive solicitation in which a timely protest was received and in which the University did not prevail, the contract will be canceled and re-awarded to the prevailing party unless the final order or settlement between the parties provides otherwise.
(g) Award contracts for commodities and contractual services to multiple suppliers, if it is determined to be in the best interest of the University. Such awards may be on a university, regional or multiple state university-wide basis and the contracts may be for multiple years.
(h) Reject or cancel any or all competitive solicitations when determined to be in the best interest of the University.
(4) Competitive Solicitations Required.
(a) All contracts for the purchase of commodities or contractual services exceeding $50,000 shall be awarded pursuant to a competitive solicitation, unless otherwise authorized herein.
(b) When only one response is received to a competitive solicitation for commodities or contractual services exceeding $50,000, the University will review the solicitation response and circumstances surrounding the solicitation to determine if a second call for a competitive solicitation is in the best interest of the University. If it is determined that a second call would not serve a useful purpose, the University will proceed with the acquisition.
(c) When multiple responses that are equal in all respects are received to a competitive solicitation, the University will give preference to responses that include commodities manufactured in the state, Florida businesses, businesses with a drug-free workplace program, or foreign manufacturers located in the state to determine the contract award, or, if these conditions do not exist or are the equivalent between two or more responses, will use toss of the coin.
(d) The purchase of commodities and contractual services shall not be divided to avoid the requirement of competitive solicitation.
(e) The intended award shall be publicly posted by the Purchasing Office which issues the Invitation to Bid, Request for Proposal or Invitation to Negotiate for 72 hours which is interpreted as three working days excepting Saturdays, Sundays, or State holidays.
(f) Advertisement. Invitations to Bid, Requests for Proposals, and Invitations to Negotiate for commodities expected to be in excess of $150,000 and for contractual services expected to be in excess of $50,000 shall be advertised in the Florida Administrative Weekly or Florida Communities Network. The Director of Purchasing shall waive the advertisement requirement when the number of potential bidders or proposers is limited and can otherwise be solicited, when the availability of funding so requires, or where delivery is urgent.
(g) In the case of extension errors, the unit price will prevail.
(h) Withdrawal. A vendor may withdraw his or her bid or proposal in writing if done within seventy-two (72) hours of the bid or proposal opening, if the bid or proposal is clearly erroneous and it is withdrawn prior to final award or the purchase order being issued.
(5) Purchase of Commodities or Contractual Services.
(a) Purchase of Private Attorney Services. Written approval from the Attorney General is not required for private attorney services acquired by the University.
(b) Purchase of Insurance. The University has the authority to purchase insurance as deemed necessary and appropriate for the operation and educational mission of the University. Examples of insurance coverage that may be acquired by the University include:
1. Physical damage on vehicles and boats;
2. Inland marine on property owned, leased, or loaned to or by the University;
3. Building and property damage;
4. Equipment losses due to theft;
5. Equipment subject to transportation;
6. Loss of rental income;
7. Commercial general liability insurance for scientific equipment;
8. Excess general liability coverage;
9. Camps insurance.
(c) Purchase of Printing. Printing shall be purchased in accordance with Chapter 283, F.S.
(d) Purchases from Minority Business Enterprises. The University is an equal opportunity institution and encourages procurement contracting with Minority Business Enterprises.
(e) Purchases from Contractors Convicted of Public Entity Crimes. The University shall not accept a competitive solicitation from, or purchase commodities or contractual services from, a person or affiliate who has been convicted of a public entity crime and has been placed on the State of Florida’s convicted vendor list for a period of 36 months from the date of being added to the convicted vendor list.
(f) Purchasing actions that are not subject to the competitive solicitation process include:
1. Emergency Purchases. When the President or President’s designee determines in writing, that a condition exists that threatens the health or safety of person(s) or animal(s) or the preservation or protection of property or the continuance of a vital University function, the University will proceed with an emergency purchase without a competitive solicitation. The emergency purchase shall be limited to the purchase of only the type of items and quantities or for a time period sufficient to meet the immediate threat and shall not be used to meet long-term requirements.
2. Sole Source Purchases. Commodities or contractual services available from a single source shall be exempted from the competitive solicitation process. The sole source document shall be publicly posted by the Purchasing Office for three working days.
3. Purchases from competitively bid Contracts and Negotiated Annual Price Agreements established by the State, other governmental entities, other public or private educational institutions, and educational cooperatives and educational consortiums are not subject to further competitive solicitation.
4. Construction Direct Purchase Program. Commodities to be incorporated into any public work (as that term is defined in Rule 12A-1.094, F.A.C.) which are procured by the University in accordance with the requirements of the University’s direct purchase program are not subject to any further competitive solicitation.
(g) Commodities and contractual services that are not subject to the competitive solicitation process include:
1. Artistic services;
2. Academic reviews;
3. Lectures;
4. Auditing services;
5. Legal services, including attorney, paralegal, expert witness, appraisal, arbitrator or mediator services;
6. Health services involving examination, diagnosis, treatment, prevention, medical consultation or administration. Prescriptive assistive devices for medical, developmental or vocational rehabilitation including, but not limited to prosthetics, orthotics, and wheelchairs, provided the devices are purchased on the basis of an established fee schedule or by a method that ensures the best price, taking into consideration the needs of the client;
7. Services provided to persons with mental or physical disabilities by not-for-profit corporations organized under the provisions of s. 501(c)(3) of the Internal Revenue Code or services governed by the provisions of the Office of Management and Budget Circular A-122;
8. Medicaid services delivered to an eligible Medicaid recipient by a health care provider who has not previously applied for and received a Medicaid provider number from the Department of Children and Family Services. This exception will be valid for a period not to exceed 90 days after the date of delivery to the Medicaid recipient and shall not be renewed;
9. Family placement services;
10. Training and education services;
11. Advertising;
12. Services or commodities provided by governmental agencies, another university in the state of Florida or other independent colleges and universities;
13. Programs or continuing education events that are offered to the general public for which fees have been collected to pay all expenses associated with the program or event;
14. Purchases from firms or individuals that are prescribed by state or federal law or specified by a granting agency;
15. Regulated utilities and government franchised services;
16. Regulated public communications, except long distance telecommunication services or facilities;
17. Extension of an existing contract;
18. Renewal of an existing contract if the terms of the contract specify renewal option(s);
19. Purchases from the Annual Certification List developed by the University;
20. Purchases for resale;
21. Accountant services;
22. Contracts or services provided by not-for-profit support and affiliate organizations of the University, including Shands Teaching Hospitals and Clinics, Inc., direct support organizations, health support organizations and faculty practice plans;
23. Implementation/programming/training services available from owner of copyrighted software or its contracted vendor; and
24. Purchases of materials, supplies, equipment, or services for research purposes when a director of sponsored research or designee certifies that, in a particular instance, it is necessary for the efficient or expeditious prosecution of a research project.
(h) Participants in Contract Awards Not Subject to Competitive Solicitations.
1. No person or firm who receives a contract to perform a feasibility study for potential implementation of a subsequent contract, participates in the drafting of a competitive solicitation, or develops a program for future implementation shall be eligible to contract with the University dealing with the specific subject matter.
2. All persons taking part in the development or selection of criteria for evaluation, the evaluation process, and the contract award process in any purchase shall follow all relevant portions of the State of Florida Code of Ethics for Public Employees, Chapter 112, Part 3, F.S., and the University’s rule on outside activities, Rule 6C1-1.011, F.A.C.
(6) Bonds.
(a) Payment and Performance Bonds. The University shall require any contractor contracting with the University to provide commodities or commodities which include installation to furnish a payment and performance bond, with good and sufficient securities, to the University prior to the issuance of the contract when the total contract amount is greater than $200,000 and the University is uncertain about the contractor’s ability to perform.
(b) Solicitation Protest Bond. Any contractor that files an action pursuant to Section 120.57(3)(b), F.S., protesting a decision or intended decision pertaining to a solicitation, shall at the time of filing of the formal protest, post with the University, a bond payable to the University in an amount equal to: 10% of the estimated value of the protestor’s bid or proposal; 10% of the estimated expenditure during the contract term; $10,000; or whichever is less. The bond shall be conditioned upon the payment of all costs which may be adjudged against the contractor filing the protest action. In lieu of a bond, the University will accept a cashier’s check or money order in the amount of the bond. Failure of the protesting contractor to file the required bond, cashier’s check or money order at the time of filing the formal protest shall result in the denial of the protest.
(7) Contracts.
(a) Contracts for commodities or contractual services or licenses shall consist of a purchase order or bilateral agreement signed by the President or designee prior to or within thirty (30) days of the goods or services being rendered by the contractor.
(b) Any contract for the purchase of services or tangible personal property for a period in excess of one fiscal year shall include the following statement: “The State of Florida’s and University’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.”
(c) Extension of a contract shall be for a period not to exceed 12 months, shall be in writing, shall be signed by both parties, and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract.
(d) A contract may contain provisions for renewal. If the commodity or contractual service is purchased as a result of a competitive solicitation, the cost of any contemplated renewal must be included in the competitive solicitation. All contract renewals are subject to sufficient annual appropriations.
(e) The President shall have the authority to enter into deferred payment agreements utilizing the State of Florida Controller’s Consolidated Equipment Financing Program. When a commodity contract requires deferred payments and the payment of interest under that program, the contract will be submitted to the State of Florida Controller for the purpose of pre-audit review and approval prior to acceptance by the University. No agreement shall establish a debt of the State or shall be applied to the faith and credit of the State; nor shall any agreement be a liability or obligation of the State except from appropriated funds.
(f) In order to promote cost-effective procurement of commodities and contractual services, the University may enter into contracts that limit the liability of a vendor consistent with Section 672.719, F.S.
(g) The total value of the contract shall be the purchase price for the initial term plus all renewal costs.
(8) Standard of Conduct. It shall be a breach of ethical standards for any employee of the University to accept, solicit, or agree to accept a gratuity of any kind, form or type in connection with any contract for commodities or services. It shall also be a breach of ethical standards for any potential contractor to offer an employee of the University a gratuity of any kind, form or type to influence the development of a contract or potential contract for commodities or services.
(9) Purchase of Motor Vehicles.
(a) The term “motor vehicle” includes any automobile, truck, watercraft or other vehicle designed primarily for transporting persons, and construction vehicles or farm equipment.
(b) The University has authority to:
1. Establish standard classes of motor vehicles to be leased, purchased or used by University personnel;
2. Obtain the most effective and efficient use of motor vehicles for state purposes;
3. Establish and operate facilities for the acquisition, disposal, operation, maintenance, repair, storage, control and regulation of University-owned motor vehicles. Acquisition may be by purchase, lease, installment-purchase, loan or by any other legal means and may include a trade-in. All motor vehicles purchased or leased shall be of a class that will safely transport University personnel and adequately meet the requirements of the University;
4. Contract for specialized maintenance services.
(c) Motor vehicles owned, leased or operated by the University shall be available for official University business only.
Specific Authority 1001.74(4) FS. Law Implemented 112.313, 120.57(3), 672.719, 1001.74(5), 1001.75(5), 1004.22 FS. History–New 1-8-80, Amended 3-26-80, 8-6-81, 2-11-82, Formerly 6C1-3.20, Amended 5-18-92, 7-11-94, 4-30-95, 5-23-96, 6-28-98, 4-30-00, 7-25-02, 2-5-03.
6C1-3.021 Finance and Administration; Purchasing, Sponsored Research Exemptions Procedures.
(1) Section 1004.22(7), F.S., allows the University to exempt the purchase of materials, supplies, equipment or services for research purposes from the general purchasing requirements of Rule 6C1-3.020, F.A.C., and the requirements of Chapters 215, 216 and 283, and Section 112.061, F.S. Such an exemption shall be exercised only when the Vice President for Research or the Vice President’s designee certifies to the President in each particular instance that the exemption is necessary for the efficient or expeditious prosecution of a research project.
(2) Exemptions shall be granted only pursuant to the following conditions:
(a) Competitive bidding.
1. The Principal Investigator must submit a memorandum to the Vice President for Research requesting a sponsored research exemption. The memorandum must include:
a. A detailed justification for the request.
b. A written quotation from the requested vendor detailing the price, the FOB point, responsibility for freight and insurance, and payment terms.
c. A statement and/or other evidence, that some form of price comparison or determination of price reasonableness has been performed.
d. A written statement signed by the Principal Investigator certifying that he or she is independent of, and has no conflict of interest in the entity(ies) evaluated and selected.
2. If the vendor is a governmental agency, the acquisition must be excluded from competitive bid requirements as stated in Rule 6C1-3.020, F.A.C.
3. The following criteria shall be used to justify a request for a sponsored research exemption from competitive bidding:
a. A certain vendor is specified in a prime contract or grant award.
b. A certain vendor is approved in writing by the prime contractor or granting agency in accordance with the provisions of the prime contract or grant award.
c. The purchase of specific goods or services from a certain vendor can be demonstrated to be more efficient or expeditious than any other vendor based on compatibility, availability, or the current capabilities of the Principal Investigator and staff.
d. The purchase of specific goods or services from a certain vendor can be demonstrated to be necessary to meet the time requirements of the prime contract or grant award.
e. The purchase of specific goods or services from a certain vendor can be demonstrated to be mandated by scientific or technical requirements.
f. The purchase of specific goods or services from a certain vendor can be demonstrated to be at a cost below industry norms.
g. Other conditions which can be demonstrated to meet the statutory criteria of “necessary for the efficient or expeditious prosecution of a research project.” The specific condition must be fully explained.
4. Any and all changes or corrections to a purchase order or contract issued on the basis of a sponsored research exemption must also be approved by the Vice President for Research or designee.
(b) Documentation and Advance Payments.
1. An exemption from the requirements concerning the level of detail and documentation for reporting and payment under Chapter 215, F.S., and related rules and practices, shall be granted under the following conditions:
a. The level of detail and documentation for reporting and payment required by the prime contractor or granting agency in the provisions of the prime contract or grant award (or approved in writing by the sponsor) is less than that required by the State of Florida.
b. Subcontractors’ invoices contain a level of detail that is, at a minimum, commensurate with the level of detail and reporting required of the University by the prime contract or grant award. It is not necessary for copies of receipts to be obtained or submitted with the voucher for the payment of such invoices, if the invoice contains a statement certifying that receipts in support of the itemized invoice are maintained in the contractor’s records and may be inspected by officials of the State of Florida.
2. An advance payment or payments shall be authorized under the following conditions:
a. The subcontractor or vendor requests an advance payment, and it can be demonstrated that the advance payment is necessary to fund extensive start-up costs, realize discounts or cost savings, or create adequate cash flow in order to provide required goods or services.
b. The University retains the documentation justifying such advance payments in the Office of the Vice President for Research. The Principal Investigator is responsible for determining that all goods/services for which an advance payment has been made are satisfactorily received.
c. The Office of the Vice President for Research provides the Purchasing Department the sponsored research exemption certification and specific payment details for inclusion in the purchase order.
d. The University may require the subcontractor or vendor to secure some form of liability protection to cover the amount of advance payment, as deemed appropriate.
3. When an exemption from the general provisions of Chapter 215, F.S., and related rules and practices for documentation or advance payment is authorized, the provisions of a contract between the University and the subcontractor or vendor must include essentially the following language:
The Contractor agrees to return to the University any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Contract or by the prime agency that were disbursed to the Contractor by the University. Such funds shall be considered University funds and shall be refunded to the University within forty-five (45) days following the time the overpayment and/or disallowance is discovered unless otherwise authorized by the University in writing. In addition, the Contractor agrees to exclude from its expenditure reports and any other claims for reimbursement any amounts disallowed by the prime agency and the University in accordance with the terms of this Contract.
(c) Travel. A subcontractor or vendor is allowed to be reimbursed for travel expenses of non-State of Florida and non-University personnel performing travel under a sponsored research subcontract in accordance with the provisions of the applicable prime contract or grant and the travel allowances normally provided by the subcontractor or vendor. A copy of the subcontractor’s or vendor’s written travel procedures must be submitted.
(3) Execution and Distribution.
(a) If the request is for an exemption from the competitive bid requirements, the Principal Investigator will submit the request for the sponsored research exemption to the Office of the Vice President for Research, allowing sufficient time for adequate review of the request. The request should be accompanied by the general requisition, the documentation listed in paragraph (2)(a) above and any other needed documentation.
(b) Requests for other sponsored research exemptions may be initiated by the principal investigator, the Office of the Vice President for Research, or other University personnel, as appropriate.
(c) The Office of the Vice President for Research will review the request for sponsored research exemption. The certification will be prepared by the Office of the Vice President for Research, signed by the Vice President for Research or his/her designee, and be forwarded to the University President or President’s designee.
(d) Prior consent to a sponsored research exemption by the Director of Purchasing is not required. However, the Director’s advice and counsel may be sought and the following steps must be followed:
1. The Office of the Vice President for Research will send a copy of the sponsored research exemption certification memorandum provided to the President, the general requisition, and a copy of the other documentation listed in paragraph (2)(a) above, to the Purchasing Division.
2. The Purchasing Division will be responsible for compliance with all other State of Florida and University rules and regulations. Further, if after viewing the documentation provided, the Purchasing Division has knowledge of any information that would impact the use of a sponsored research exemption, the Office of the Vice President for Research should be contacted prior to issuance of the purchase order.
3. Any purchase order issued under a sponsored research exemption will contain a statement indicating that a sponsored research exemption was given.
4. The Purchasing Division will forward a copy of the certification, along with a copy of the contract and/or purchase order to the University Controller’s Office.
(4) A copy of the sponsored research exemption certification and any supporting documentation will be maintained in the Office of the Vice President for Research.
Specific Authority 1001.74(4), 1004.22(13) FS. Law Implemented 1001.74(8), 1004.22(5), (7) FS. History–New 5-18-92, Amended 3-12-03.
6C1-3.022 Finance and Administration; Payment to Vendors; Payment Processing Guidelines.
(1) Documentation authorizing payment to a vendor of an invoice shall be approved for payment by the University Controller after receipt of the invoice and receipt, inspection, and approval of the goods or services, except that in the case of a bona fide dispute the voucher shall contain a statement of the dispute and authorize payment only in the amount not disputed. All payments shall be disbursed in an efficient manner consistent with professional business practices.
(a) Travel and other reimbursements to University officers and employees must be paid in the same timeframes and process as payments to vendors under this section.
(b) Invoices received from vendors that have failed to supply the University with a complete and accurate W-9 or other form that provides all necessary data to determine 1099 status will be deemed insufficient for payment until such information is received.
(2) The University shall authorize advance payments for goods and services, including, but not limited to, maintenance agreements and subscriptions when advance payments are required by the vendor and it has been determined there is adequate protection to ensure that such goods or services will be provided.
(3) All purchasing agreements between the University and a vendor shall include a statement of the vendor’s rights and the University’s responsibilities under this rule. The vendor’s rights shall include being provided with the telephone number of the staff member acting as vendor ombudsman within the Office of the Vice President for Finance and Administration.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5), 1011.4105 FS. History–New 5-30-04.
6C1-3.025 Finance and Administration; Lease of Space.
(1) Purpose. This rule implements the authority given to the University of Florida to lease real property for the purpose of implementing approved programs of the University.
(2) Definitions. For purposes of this rule, a lease is a document containing the terms and conditions establishing the relationship of landlord and tenant for real property, including land and any improvements thereon.
(3) Approval. All leases shall be prepared in accordance with this rule and executed by the President or the President’s designee.
(4) Standard Lease. The University uses a standard lease, Form BCM 4054 (R5-01), approved by the University’s Office of the Vice President and General Counsel and incorporated herein by reference. The standard lease may be obtained from the Purchasing Division, Elmore Hall, Room 102, University of Florida. The University’s lease form may be changed by deleting, adding to or revising its terms, which shall remain consistent with the requirements of this rule as far as practical given the circumstances of the lease, with the prior approval of the University’s Office of the Vice President and General Counsel.
(5) Escalation Clauses Prohibited. A lease shall not contain a rental escalation clause or an open rental rate that permits an adjustment in the amount paid by the University based on the happening of a future event, such as a change in the Consumer Price Index or other economic indicator, without also including a ceiling on the total amount the rent may increase. Any such clause in a lease shall be null, void, and unenforceable. The final cost to the University for the complete term of a lease, including all renewal periods, must be clearly set forth in the lease.
(6) Right-to-Terminate Clause Required. All leases for a term exceeding one (1) fiscal year shall include the following provision: “The State of Florida’s performance and obligation to pay under this Lease is contingent upon an annual appropriation by the Legislature.”
(7) Renewal of Leases. Any lease may contain options to renew and any renewal(s) shall be made according to the terms and conditions of the lease.
(8) Code Compliance in Leased Space.
(a) Any privately-owned building or any part thereof to be leased to the University shall comply with those portions of Chapters 553 and 633, F.S., including, but not limited to, fire safety, life safety and disabled access standards, applicable to University buildings.
(b) No construction or renovation of any state-leased building may commence until the University has ascertained that the proposed construction or renovation plan complies with those portions of Chapters 553 and 633, F.S., applicable to University buildings.
(c) The cost of all modifications or renovations made for the purpose of bringing state-leased property into compliance with the applicable portions of Chapters 553 and 633, F.S., shall be borne by the landlord unless otherwise agreed in writing by the University.
(9) Leases of 5,000 Square Feet or More.
(a) The University shall not enter into a lease for 5,000 square feet or more of space in a privately-owned building except upon advertisement for and receipt of competitive bids and award to the lowest bid meeting specifications. The University shall not enter into, within any 12-month period, more than one lease for space in the same privately-owned facility or complex except upon the solicitation of competitive bids. Exceptions to these requirements are as follows:
1. This section shall not apply to the renewal of leases when the lease contains renewal terms. The University may approve extensions of an existing lease of 5,000 square feet or more of space if such extensions are determined to be in the best interest of the University but in no case shall the total of such extensions exceed 11 months. If at the end of the 11th month the University still needs space, it shall be procured by competitive bid. However, if the University determines it is in its best interest to remain in the space it currently occupies, the University may negotiate a replacement lease with the landlord if an independent market analysis demonstrates that the lease rates offered are within market rates for the space and the cost of the new lease does not exceed the cost of a comparable lease plus documented moving costs. The term of such replacement lease may not exceed the base term of the expiring lease. The decision to extend a lease and to remain in the space currently occupied shall be based on the following factors: the cost of moving, the disruption of activities that will occur as a result of moving, the location of the space, the suitability of the space, the proximity of services, the layout and type of space, and the quality of space involved.
2. This section shall not apply to specialized research, medical or educational facilities, if the President or the President’s designee certifies in writing that said facility is available from a single source and that compliance with competitive bid requirements would be detrimental to the University.
3. This section shall not apply to any lease having a term of less than 120 consecutive days for the purpose of securing one-time special use of the leased property.
4. This section shall not apply to buildings or facilities of any size leased for the purpose of providing care and living space for persons.
5. This section shall not apply to emergency space needs in the event existing state-owned or leased space is destroyed or rendered uninhabitable by an act of God, fire, malicious destruction, or structural failure, or by legal action upon certification by the President or his designee that other University controlled space is not available and the term of the lease does not exceed 18 months, provided the University may modify the lease to extend month to month for up to 6 additional months to allow completion of such construction or renovations.
6. This section shall not apply when leasing facilities in a research and development park, a hospital, or other medical facilities, such as a medical office building, with which the University is affiliated.
7. This section shall not apply to any lease for nominal or no consideration.
(b) The University shall not enter into a lease agreement in a privately owned building when suitable space is available in a state-owned building located in the same geographic region unless it is determined to be in the best interest of the University, such as when the cost of the move from a private building to the state-owned building would exceed the rental savings associated with the state-owned building.
(c) Solicitation.
1. A public solicitation for proposals will be publicized using newspaper advertisements and/or contact with owners, developers or realtors in the city or area in which space is desired.
2. The solicitation shall set forth, but not be limited to, the following:
a. Approximate net square footage required to be measured in accordance with subsection 60H-2.003(2), F.A.C.
b. General area in which space must be located.
c. Date space must be available.
d. Name and address of location where specifications may be obtained.
e. Terms and conditions of lease.
(d) Specifications.
1. Specifications shall be written by the University in general terms and shall afford each prospective landlord, interested in submitting a proposal, knowledge of the University’s space requirements. Specifications shall not be structured to favor any specific location or landlord.
2. Specifications provided to each prospective landlord shall set forth, but not be limited to, the following:
a. Approximate net square footage required to be measured in accordance with subsection 60H-2.003(2), F.A.C.
b. An approximate floor plan of space needed showing partitioning and other physical requirements.
c. General location of required space.
d. Date space must be available.
e. Term of lease with option to renew, if desired.
f. Services required to include parking, dining and transportation requirements.
3. Specifications shall also set forth that the prospective landlord will agree to:
a. Enter into the University’s standard lease.
b. Provide a scaled floor plan showing present configurations and measurements that equate to net rentable square footage offered.
c. Be an Equal Opportunity Employer.
d. Provide Full Disclosure Statements of Ownership.
e. Validate the proposal for a minimum of forty-five (45) days following the public bid opening date.
f. Propose a rental rate per square foot per year that will include all renovations and other special requirements necessary to accommodate the program at the time of initial occupancy, and clearly stating of that rental rate per square foot the amount allocated to (i) base rent, (ii) the cost of tenant improvements or renovations necessary to make the space conform to the University’s specifications and (iii) operating costs, such as real property taxes and utilities, being reimbursed by the University.
4. Specifications may provide that sealed proposals are to be submitted, in a titled envelope, to a designated individual by a specified closing time and date, at which time all proposals will be publicly opened.
(e) Proposals.
1. Proposals shall respond specifically but need not be limited to each item included in the specifications.
2. Each proposal shall be signed by the owner(s), corporate officers, or legal representative(s). The corporate, trade, or partnership name must be either stamped, written or typewritten, beside the actual signature(s). If the proposal is signed by an agent, written evidence of his authority must accompany the proposal. If a corporation foreign to the State of Florida is the owner, evidence of authority to conduct business in Florida shall be presented.
(f) Evaluation.
1. The University reserves the right to accept or reject any or all bids submitted and, if the University deems it necessary, to reinitiate procedures for soliciting competitive proposals.
2. The University, in conjunction with preparing specifications, shall develop weighted evaluation criteria. The criteria items most significant to the University’s needs should bear the highest weight. The cost of relocation, if any; consolidation of activities, if desirable; and any other factors deemed necessary should be weighed.
3. Selection shall be made by the University and shall be publicly posted at the location where the bids were opened and remain posted for seventy-two (72) hours, which shall be interpreted as three (3) working days, not counting Saturdays, Sundays, and State of Florida holidays.
4. Documentation to support the selection shall be maintained and shall include, but not be limited to, the following:
a. A copy of all advertisements.
b. A copy of the proposal specifications.
c. A copy of all proposals received.
d. A synopsis of the University’s findings for each proposal.
(g) Lease preparation and approval. After the selection has been awarded, a lease shall be properly executed.
(10) Disclosure Statements – Private Entities, Public Officials.
(a) The landlord shall provide the statements required pursuant to Sections 255.249(4)(h) and (i), F.S., regarding ownership interests in the lease property.
(b) It is not necessary to make disclosure of any beneficial interest which is represented by stock in any corporation registered with the Securities and Exchange Commission or registered pursuant to Chapter 517, F.S., which stock is for sale to the general public. A statement certifying the registration shall be provided by the landlord.
(c) It is not necessary to make disclosure under paragraphs (a) and (b) above of any leasehold interest in property located outside the territorial boundaries of the United States.
(d) Each subsequent transaction pertaining to a lease for which a Disclosure Statement has been provided, may be accompanied by a landlord’s affidavit that the previous Disclosure Statement submitted on (date provided) is still valid, if no change in the interest held or individuals concerned has occurred.
(11) Certification of Compliance. The President or designee shall certify that the lease is in compliance with all leasing criteria provided by Chapter 255, F.S.
(12) Standard Method of Space Measurement. Space measurement shall be based on usable space as defined in Department of Management Services subsection 60H-2.003(2), F.A.C.
(13) Space Allocation. Space allocation shall be based on the formula provided in the publication “State Requirements for Educational Facilities, 1999 Volume I-Process and Rule and Volume II-Building Code.”
(14) Rental Rates. The rental rate for space shall be within rental rate guidelines established by the University.
(15) Leases Not Requiring Competitive Bidding. In any leasing of space that is accomplished without competition, the individuals taking part in the development or selection of criteria for evaluation, in the evaluation, and in the award processes shall attest in writing that they are independent of, and have no conflict of interest in, the entities evaluated and selected.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(5), 1001.75(5), 1004.22(7) FS. History–New 1-28-80, Formerly 6C1-3.25, Amended 2-9-87, 5-18-92, 4-30-95, 5-23-96, 7-27-98, 1-12-00, 7-25-02, 6-3-03.
6C1-3.030 Finance and Administration; Surplus University Property.
(1) Purpose. The purpose of this rule is to implement the authority received by the university president in accordance with Section 1001.75(18), F.S., with respect to those functions and duties heretofore performed by the Department of Management Services in accordance with Chapter 287, F.S. (Chapter 79-222, Section 13, Laws of Florida).
(2) Definitions.
(a) Accountable Officer – The Department head or Director or his or her designee is the person entitled to lawful custody of property owned or controlled by the University.
(b) Property Manager – Any individual assigned by the University President to manage the assignment, accountability, transfer and disposal of property for which the University has custodial responsibility under the Florida Statutes.
(c) Tangible Personal Property – All personal property acquired and belonging to the University. Real estate, buildings and infrastructure are not considered personal property except as noted in subsection (4).
(d) Exchange Property – Property being offered as a trade-in on the purchase of a new item.
(e) Property Survey Board – A body appointed by the President to oversee surplus property practices and to review and ratify disposition actions. There shall be representation from each budgetary unit on the Board.
(3) Reporting Requirements for Surplus, University-Owned Tangible Personal Property.
(a) Tangible personal property which is determined to be surplus because it is excess, obsolete, uneconomical or inefficient for continued use shall be certified as surplus by the Accountable Officer for the property to the Property Manager. A Report of Survey form, FA Form FA-P-M-RS/11-99, incorporated herein by reference and available from the Finance and Accounting Office shall constitute the certification from the custodian. If a use for the property exists elsewhere within the University, the Property Manager is authorized to transfer accountability to a subsequent custodian in the area where it will be used. The Property Manager will agenda the certification for ratification of disposition action by the Property Survey Board.
(b) In instances of loss, theft, or fire, such surplus property should be reported to the Property Survey Board.
1. Lost/Stolen – When a loss is discovered, the Accountable Officer must forward an approved Report of Survey – Lost/Stolen Form FA-P-M-RS2/11-02, incorporated herein by reference and available from the Finance and Accounting office, Post Office Box 113200, Gainesville, Florida 32611.
2. Destroyed – When destruction is discovered, the Accountable Officer must forward an approved Report of Survey – Form FA-P-M-RS/11-99.
(4) Buildings & Infrastructure. Buildings, infrastructure and other items of a semi-permanent or permanent nature shall be considered tangible personal property, if and when they are severed from the real property upon which they reside, and shall be reported in the same manner as all other surplus property. In addition, the legal description of the location, size, type of construction, and reason for removal shall be noted.
(5) Procedures for Disposal of Surplus Property. Certified surplus property shall not be sold, transferred, donated, cannibalized, or scrapped without prior written authority from the University Property Manager. The Property Survey Board can itself or can delegate to the Property Manager the authority to dispose of such property determined to be surplus as follows:
(a) Transfer to State Agency, political subdivision or to any private non-profit agency. A non-profit agency is defined as an agency considered exempt from Federal Income Tax under s. 501(c)(3) of the Internal Revenue Code.
(b) Scrap or cannibalization of equipment.
(c) Abandoned equipment in place upon determination that cost of return or repair exceeds the value of the property.
(d) Public Sale.
1. All public sales shall be conducted on a set date and time which shall be advertised in a local newspaper of general circulation no less than two weeks prior to the sale.
2. Sales will be conducted as public auction or sealed bid sales, whichever is in the best interest of the University.
(6) The University president has the authority to adjust property records for the disposition of University-owned tangible personal property.
(7) Exchange Property. If University property will be used as a trade-in for the purchase of new property, an approved Report of Survey (FA Form FA-P-M-RS/11-99), shall constitute certification from the Accountable Officer.
(8) Non-University Funded Property. All property originally purchased with non-university funds, such as contracts or grants, shall be managed in a form consistent with the applicable rules and regulations of the funding authority.
(9) Disposition of Monies. All monies received from the sale of such surplus property shall be deposited as directed by the University Controller and will be used for all necessary operating expenses of the surplus property program and for acquisition of tangible personal property.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(5), (6), 1001.75(18) FS. History–New 1-28-80, Amended 8-4-80, Formerly 6C1-3.30, Amended 5-18-92, 4-30-95, 5-1-96, 6-28-98, 5-22-01, 3-12-03, 6-3-03.
6C1-3.037 Finance and Administration; Registration and Student Fees.
(1) Registration consists of two major components:
(a) Formal enrollment in one or more courses approved and scheduled by the University, and
(b) Fee payment or other appropriate arrangements for fee payment (deferment, third-party billing) for the courses in which the student is enrolled.
(2) A student is liable for all fees associated with all courses for which the student is registered at the end of the drop/add period. The fee payment deadline is 3:30 p.m. of the last day of the second week of classes.
(3) Late Registration Fee.
(a) A student is subject to a late registration fee of $100.00 if the student fails to apply and qualify for admission prior to the late registration date published in the University calendar. If the student qualifies to register during the late registration period, a “late registration” appointment may be assigned and the student shall be required to pay the late registration fee.
(b) Any student who is assigned a regular registration appointment and who fails to complete registration during the regular registration period will be subject to the $100.00 late registration fee.
(4) Late Payment Fee – Any student who fails to pay all fees due or obtain a written deferral by the fee payment deadline will be subject to a late payment fee of $100.00.
(5) Waiver of Late Payment Fee – The late payment fee shall be waived if the balance due, excluding the late fee is less than $100. The late payment fee shall also be waived if the balance due, excluding the late fee, is less than $100.00. The late payment fee shall also be waived upon the petition of the student if:
(a) The University is primarily responsible for the delinquency; or
(b) Extraordinary circumstances prevented all conceivable means of paying fees prior to the fee payment deadline. The University reserves the right to require documentation to substantiate these circumstances.
(6) Cancellation of Registration and Reinstatement.
(a) The University shall cancel the registration of any student who has not paid any portion of the fee liability by the established deadlines published by the University each semester.
(b) The University shall temporarily suspend further academic progress of any student who has not paid the entire balance of the fee liability by the established deadlines. This will be accomplished by placing a financial hold on the student’s record which will prevent the student from receiving grades, transcript, and/or diploma and the student’s registration will be denied for future terms until the account has been paid in full.
(c) Reinstatement shall require the approval of the University and payment of all delinquent liabilities, including the late registration and late payment fees.
(7) The University shall permit the deferral of registration and tuition fees for the period not ending later than thirty (30) calendar days prior to the last day of classes, or for summer terms A and B, not later than seven (7) calendar days prior to the last day of classes for the reasons given in this section. Extension of this deadline shall be made on an individual basis by term by the President or President’s designee. In no case shall the deferment extend beyond the last day of classes unless there is a formal arrangement with the University for payment by an acceptable third-party donor. A deferment or an extension of a deferment shall be given for the following:
(a) Students whose state or federal financial assistance is delayed due to circumstances beyond the control of the student;
(b) Veterans and other eligible students receiving benefits under Chapter 32, 34, or 35, of Title 38 U.S.C., and whose benefits are delayed; or
(c) Students for whom formal arrangements have been made with the University for payment by an acceptable third-party donor.
(8) Fee deferments must be established with University Financial Services, prior to the fee payment deadline. Failure to establish the deferment will subject the student to payment of the late payment fee and/or cancellation of registration.
(9) Tuition will be waived for Florida residents 60 years of age or older under the conditions set forth in Section 1009.26(4), F.S. Persons paying full fees and University of Florida employee and state employees taking classes on a space-available basis have priority over any persons allowed a fee waiver under this paragraph.
(10) Sponsored institutes and programs – Tuition and materials and supply fees will be waived by the President or designee for participants in sponsored institutes and programs if substantially all the direct costs are paid by the external sponsoring agency, where there is not direct expenditure of Educational and General funds for the conduct of the programs, and where no fees or other assessments are collected from students by the sponsoring agency, the university, or any other entity. In determining whether the direct costs are paid by the sponsoring agency, funds paid directly to the participants in a form such as, but not limited to, stipends, travel or book allowances should not be taken into account. “Direct costs” refer to the costs associated with the instruction or training which a participant receives. All funds collected from sponsoring agencies for sponsored credit institutes will be remitted to the university’s contract and grants trust fund and/or auxiliary trust funds. Neither the number of participants nor student credit hours in these institutes and programs may be counted for state-funding purposes.
(11) In collecting fees, the President or designee shall impose additional requirements, as necessary, including advance payment or a security deposit, for the services to be provided by the University of Florida.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(11), 1009.24, 1009.26 FS. History–New 3-26-80, Amended 2-11-82, 3-6-85, Formerly 6C1-3.37, Amended 5-18-92, 5-1-96, 7-21-97, 3-12-03, 12-31-03.
6C1-3.0371 Finance and Administration; Fee Refunds.
(1) Tuition and registration fees will be refunded in full in the circumstances noted below:
(a) If notice of withdrawal from the University is approved prior to the end of the drop/add period and written documentation is received from the student.
(b) Credit hours dropped during the drop/add period.
(c) Courses cancelled by the University.
(d) Involuntary call to active military duty.
(e) Death of the student or member of his/her immediate family (parent, spouse, child, sibling).
(f) Illness of the student of such severity or duration, as confirmed in writing by a physician, that completion of the semester is precluded.
(g) Exceptional circumstances, upon approval of the University President or his/her designee(s).
(2) A refund of 25% of the total fees paid is available if written notice of withdrawal of enrollment from the University is approved prior to the end of the fourth week of classes for full semesters or a proportionately shorter period of time for shorter terms, and written documentation is received from the student.
(3) Refunds must be requested at University Financial Services. Proper documentation must be presented when a refund is requested. A waiting period for processing may be required. Refunds will be applied against any University debts.
(4) The University reserves the right to set minimum amounts for which refunds will be produced for overpayments on student accounts.
Specific Authority 240.227(1) FS. Law Implemented 240.209(3)(e), (r), 240.227(1), 240.235 FS. History–New 2-11-82, Formerly 6C1-3.371, Amended 5-18-92, 7-27-98.
6C1-3.0372 Finance and Administration; Student Health, Athletic, and Activity and Service Fees.
(1) Effective Fall Semester, 2005, dental, medical and veterinary students must pay a semi-annual fee of $379.60 (three hundred seventy-nine and 60/100 dollars) which includes the health, athletic, and activity and service fees. All other students must pay the health, athletic, and activity and service fees on a per credit hour basis as indicated below:
|Health Fee: |$8.44 |
|Athletic Fee: |$1.90 |
|Activity and Service Fee: |$8.64 |
(2) Notwithstanding the foregoing, University of Florida students enrolled in a New World School of the Arts degree program in Miami shall pay the following fees per credit hour:
|Health Fee: |$7.92 |
|Athletic Fee: |$0.00 |
|Activity and Service Fee: |$11.26 |
(3) Notwithstanding the foregoing, the Office of the Provost will set the above fees for University of Florida students enrolled in off-campus course degree programs. The fees, which shall be limited by the amounts set forth in subsection (1), will be determined using the following factors: the location of the course, the type of courses and degree program, and the services provided to the student.
(4) Half-time graduate research and teaching assistants enrolled for eight (8) or more credit hours during the Fall or Spring Term and all other students enrolled for nine (9) or more credit hours (except students enrolled in a New World School of the Arts degree program and other students not required to pay the athletic fee) are eligible to purchase football tickets at the student rate.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(11), 1009.24(9), (10), (11) FS. History–New 2-11-82, Amended 8-12-82, 9-15-83, 3-6-85, 10-14-85, Formerly 6C1-3.372, Amended 2-9-87, 12-28-87, 5-21-89, 4-17-90, 7-15-91, 5-18-92, 5-19-93, 4-30-95, 5-1-96, 7-15-97, 6-24-99, 6-21-00, 5-22-01, 5-20-02, 6-3-03, 11-25-03, 5-30-04, 7-19-05.
6C1-3.0374 Finance and Administration; Material and Supply Fees.
(1) Students will be charged a material and supply fee for all courses approved by the University President. A list of approved courses and fees will be published in the Critical Dates and Information brochure provided for each semester and referenced in the university catalog and course schedule.
(2) Refunds and waivers for any such fees will be made pursuant to Rules 6C1-3.0371 and 6C1-3.037, F.A.C.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(11), 1009.24(12)(g) FS. History–New 4-17-90, Amended 4-30-95, 5-22-01, 1-19-03.
6C1-3.0375 Finance and Administration; Tuition Cost.
(1) Tuition Cost shall be defined as tuition and fees assessed to students for enrollment in credit courses at the University of Florida. Tuition Cost consists of the following tuition and fees, depending on whether a student is a resident or a non-resident:
(a) Resident Tuition Cost, comprised of the following, shall be defined as the tuition and fees charged an enrolled student who qualifies as a Florida resident as defined in Rule 6C-7.005, F.A.C.:
1. Tuition;
2. Student Financial Aid Fee;
3. Capital Improvement Trust Fund Fee;
4. Building Fee;
5. Transportation Access Fee;
6. Health Fee;
7. Athletic Fee; and
8. Activity and Service Fee.
(b) Non-Resident Tuition Cost, comprised of the following, shall be defined as the tuition and fees charged an enrolled student who does not qualify as a Florida resident as defined in Rule 6C-7.005, F.A.C.:
1. Tuition;
2. Non-Resident Tuition;
3. Non-Resident Fee;
4. Student Financial Aid Fee;
5. Non-Resident Student Financial Aid Fee;
6. Capital Improvement Trust Fund Fee;
7. Building Fee;
8. Transportation Access Fee;
9. Health Fee;
10. Athletic Fee; and
11. Activity and Service Fee.
(2) Registration shall be defined as consisting of two components:
(a) Formal enrollment in one or more credit courses approved and scheduled by the University; and
(b) Payment of Tuition Costs, or other appropriate arrangements for payment (installment payment, deferment, or third party billing) for the courses in which the student is enrolled as of the end of the drop/add period.
(3) A student is liable for Tuition Costs associated with all courses for which the student is registered at the end of the drop/add period. The Tuition Cost payment deadline is 3:30 p.m. of the last day of the second week of class.
(4) The following Tuition Costs shall be levied and collected effective the fall semester indicated for each student regularly enrolled, unless provided otherwise in this chapter.
(a) Students enrolled in programs other than the MD, DMD or DVM in the College of Medicine, College of Dentistry, or College of Veterinary Medicine, will be assessed the following Tuition Cost per credit hour:
|Fall 2004 | | | | | | |
| |Undergraduate | |Graduate | |Law | |
| |Resident |Non-Resident |Resident |Non-Resident |Resident |Non-Resident |
|Tuition |$68.16 |$68.16 |$191.95 |$191.95 |$218.16 |$218.16 |
|Non-Resident Fee | |$403.70 | |$625.18 | |$651.20 |
| | | | | | | |
|Non-Resident Tuition | |$4.95 | |$4.79 | |$5.45 |
| | | | | | | |
|Student Financial Aid |$3.40 |$3.40 |$9.59 |$9.59 |$10.90 |$10.90 |
| | | | | | | |
|Non-Resident Student | | | | | | |
|Financial Aid | |$20.43 | |$31.49 | |$32.84 |
| | | | | | | |
|Capital Improvement Trust Fund |$2.44 |$2.44 |$2.44 |$2.44 |$2.44 |$2.44 |
| | | | | | | |
|Building |$2.32 |$2.32 |$2.32 |$2.32 |$2.32 |$2.32 |
| | | | | | | |
|Transportation Access | |* * * * |A| |* * * * | |
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(b) Students enrolled in the MD, DMD and DVM programs in the College of Medicine, College of Dentistry, and College of Veterinary Medicine will be assessed the following tuition and fees per student for the academic year:
|Fall 2004 | | | | | | |
| |Medical | |Dental | |Veterinary | |
| |Resident |Non-Resident |Resident |Non-Resident |Resident |Non-Resident |
|Tuition |$15,666.04 |$15,666.04 |$13,622.70 |$13,622.70 |$11,442.92 |$11,442.92 |
|Non-Resident Fee | |$29,426.26 | |$26,227.68 | |$21,493.92 |
|Non-Resident Tuition | | | |$340.56 | | |
|Student Financial Aid |$783.30 |$783.30 |$681.12 |$681.12 |$572.14 |$572.14 |
| | | | | | | |
|Non-Resident Student | | | | | | |
|Financial Aid | |$1,471.30 | |$1,328.42 | |$1,074.68 |
| | | | | | | |
|Capital Improvement Trust Fund |$97.60 |$97.60 |$97.60 |$97.60 |$97.60 |$97.60 |
| | | | | | | |
|Building |$92.80 |$92.80 |$92.80 |$92.80 |$92.80 |$92.80 |
| | | | | | | |
|Transportation Access | |* * * * |As set forth in | | | |
| | | |Rule 6C1-3.009 | | | |
| | | |* * * * | | | |
| | | | | | | |
| | | |As set forth in | | | |
| | | |Rule 6C1-3.0372 *| | | |
| | | |* * * | | | |
| | | | | | | |
|Activity and Service, Health and | |* * * * | | | | |
|Athletic | | | | | | |
(c) Pursuant to Section 1009.285, F.S., each student enrolled in the same undergraduate course more than twice, shall be assessed an additional $169.12 per credit hour charge in addition to the Tuition Costs outlined above in paragraph (4)(a), for each such course.
(5) Any person classified as an out-of-state resident who has been appointed as a graduate assistant for at least 0.25 FTE shall be charged non-resident Tuition Costs. Upon completion of the appointment, such person shall be classified as a Florida resident for tuition purposes for the remainder of his or her graduate career in any semester in which he or she receives a waiver of all tuition fees or all tuition fees are paid from University funds. If the student loses the waiver or tuition remission under this provision for any semester, he or she shall be liable for Tuition Costs for that semester based on his or her out-of-state residency classification.
(6) The Provost has the authority to designate programs in which Non-Resident Tuition Cost, or any portion thereof, are waived when such waiver is in support of the mission of the University and is consistent with policies specifically approved by the board of trustees.
Specific Authority 1001.74(11) FS. Law Implemented 1009.24 FS., General Appropriations Act, 2004, Conference Report on HB 1835. History– New 9-10-02, Amended 9-18-03, 1-12-05, 7-19-05.
6C1-3.0376 Finance and Administration; Miscellaneous Fees.
(1) The University of Florida has established the fees set forth in this rule. The fees listed are in addition to fees set forth in other University of Florida rules and other charges that are authorized by law. “Cost” as used in this rule includes any increased costs to the University that are directly related to the delivery of the goods and services.
(2) Application Fee – An individual who applies for admission to the University of Florida shall pay a non-refundable application fee in the amount of $30.00. This fee is waived for applicants who provide documentation that they have received a fee waiver because of economic need as determined by the College Board or the American College Testing Program.
(3) Library overdue fines – $.25 per day per item; overdue reserve library books – $.25 per item per library hour.
(4) Late equipment fee – Variable.
(5) Duplicating/photocopying fee – Variable.
(6) Standardized test (GRE, URE, etc.) fees will consist of the costs of administering the test.
(7) Thesis and dissertation – Binding fee-cost; microfilm fee-cost; copyright fee-cost.
(8) Damaged, breakage and lost library materials; lost keys (includes cylinder change); equipment, materials, and facilities damage, breakage, and loss – Cost of repair and/or replacement. If damaged or lost materials are the result of misconduct, a fine or other disciplinary action may be imposed under the provisions of Rule 6C1-1.008, F.A.C.
(9) Interlibrary loans/literature searches – Cost.
(10) Orientation fee – $35.
(11) Nonrefundable admissions deposit – $200. The admissions deposit paid by an individual shall be applied toward payment of that individual’s tuition upon enrollment. The admissions deposit shall not be reimbursed to an individual who does not enroll in the term offered for admission and who does not withdraw his or her acceptance of admission prior to the applicable deadline as published in the University Record. The deposit is waived for those individuals who have provided documentation that they have received an application fee waiver because of economic need as determined by the College Board, American College Testing Program, Law School Admissions Council, the American Association of Medical Colleges Fee Assistance Program, or the American Association of Dental Schools Application Service.
(12) Transcript fee – Variable, not to exceed $10.
(13) Diploma replacement fee – Variable, not to exceed $10 per item.
(14) Housing Rental Rates – Variable.
(15) Miscellaneous health related charges for services provided at the Student Health Center that are not covered by the Student Health Fee set forth in Rule 6C1-3.0372, F.A.C. – Cost.
(16) Facilities/Equipment Use Cost – Variable
(17) Registration for zero hours – The student is assessed the applicable resident or non-resident costs as set forth in Rule 6C1-3.0375, F.A.C., for one credit hour.
(18) Auditing – The student is assessed the applicable resident or non-resident costs as set forth in Rule 6C1-3.0375, F.A.C., for the audited course.
(19) Off-campus educational activities – The President of the University of Florida or President’s designee will establish fees for off-campus course offerings when the location results in specific identifiable increased costs to the University. These fees will be in addition to the regular tuition and fees charged to students enrolling in these courses on-campus. The additional fees charged are for the purpose of recovering the increased costs resulting from off-campus vis-a-vis on campus offerings. As used herein, “off-campus” refers to locations other than regular main campus, branch campuses, and centers.
(20) Collection costs – If any overdue account is sent to a collection agency, collection costs will be assessed for the collection agency fees. In addition, the University shall assess a charge representing the reasonable cost of collection efforts to effect payment for overdue student loan accounts.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(11), 1009.24, 1009.26 FS. History–New 3-12-03, Amended 6-3-03, 12-31-03, 5-30-04.
6C1-3.039 Finance and Administration; Guest Admissions.
Guest admissions to any University activity may be permitted by the President or his/her designee when deemed appropriate and in the best interest of the University. Such admission may be by invitation or complimentary ticket.
Specific Authority 240.227(1) FS. Law Implemented 240.227(12), (13) FS. History–New 3-26-80, Formerly 6C1-3.39.
6C1-3.040 Finance and Administration; Employee Recognition Program.
(1) The University shall establish and maintain an employee recognition program for Academic Personnel, Technical, Executive, Administrative, and Managerial Support (TEAMS), and University Support Personnel System (USPS) employees.
(2) The program shall consist of two components: superior accomplishments and satisfactory service.
(a) Superior accomplishment. Academic Personnel, TEAMS and USPS employees who have contributed outstanding and meritorious service in their fields, including those who have made exceptional contributions through service and superior accomplishments in State University System operations, are eligible for consideration for an award.
1. The President shall appoint a University Superior Accomplishment Awards Committee composed of a Chairman and at least four additional members composed of Academic Personnel, TEAMS and USPS employees.
2. The Superior Accomplishment Awards Committee shall:
a. Establish criteria for superior accomplishment and coordinate the selection process for the Superior Accomplishment Awards Program for each of the University Divisions and for the total University-wide program.
b. Make recommendations to the President concerning such accomplishments and awards to be given, if any. The President or President’s designee shall make a final decision.
3. A Superior Accomplishment Program shall be established at the Division level and at the University level. For purposes of this rule, the University is organized into six divisions as follows: Division 1 – Office of the President, Office of the Vice President for Development and Alumni Affairs, the Office of the Vice President for Research and Graduate Programs, the Office of the Vice President and General Counsel, and the Office of the Vice President for Government Relations; Division 3 – Office of the Vice President for Academic Affairs; Division 4 – Office of the Vice President for Agriculture and Natural Resources; Division 5 – Office of the Vice President for Health Affairs; Division 6 – Office of the Vice President for Student Affairs; and Division 7 – Office of the Vice President for Finance and Administration. Within each of the Divisions, Superior Accomplishment Award recipients will be selected in categories established by the committee for: Academic Personnel, TEAMS, and USPS employees. Award recipients at the Division level will automatically become nominees for the University’s Superior Accomplishment Award for their employment category.
4. Individual awards granted under this component for the Division level award may not exceed the sum of $200, excluding all applicable taxes. Individual awards granted under this component at the University level may not exceed the sum of $1000, excluding all applicable taxes. Awards may be in cash, savings bonds, or other items. In addition, certificates, pins, plaques, letters of commendation, and other tokens of recognition may be awarded provided that the cost of the awards per recipient does not exceed $50.
5. Awards made at the Division level shall come from that Division’s budget. Awards made at the University level will come from the President’s budget.
6. Recognition programs that are established at the Department level which support the University’s Superior Accomplishment Program may award cash or other type of monetary award up to but not to exceed $50 per recipient, excluding all applicable taxes. In addition, certificates, pins, plaques, and other tokens of recognition may be awarded provided the cost of the award per recipient does not exceed $25. The cost for all such awards are funded from within each Department’s budget.
(b) Academic Personnel, TEAMS and USPS employees who have achieved increments of five (5) continuous years of satisfactory service at the University are recognized for such service.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 3-26-80, Amended 3-6-85, Formerly 6C1-3.40, Amended 2-23-88, 5-21-89, 11-20-90, 5-18-92, 5-22-01, 3-2-03.
6C1-3.042 Finance and Administration; Write-off of Uncollectible Accounts; Settlement of Delinquent Accounts.
(1) The University shall use due diligence and exert every effort in the collection of all accounts.
(2) The President or his/her designee may write-off or settle any uncollectible accounts owed the University. All or a portion of late charges and/or collection costs may at the discretion of the President or his/her designee be waived on institutional student loans if the borrower makes a lump sum payment of the entire amount of outstanding principal and interest to settle an account.
(3) The University shall employ the services of a collection agency when deemed advisable in collecting delinquent accounts.
(4) The University may set minimum amounts for which debts will be billed and for which financial holds will be placed on records.
Specific Authority 240.227(1) FS. Law Implemented 240.291 FS. History–New 3-26-80, Formerly 6C1-3.42, Amended 5-18-92, 6-28-98.
6C1-3.0421 Finance and Administration; Employee Debt Collection.
(1) Purpose. Pursuant to Sections 240.291 and 17.04, F.S., the University is directed to exert every effort to collect all delinquent accounts and overpayment of monies. The purpose of this rule is to provide procedures for collection of funds and monies, other than educational loans collectable pursuant to Section 112.175, F.S., owed to the University by its employees.
(2) Employee debts for which the University has responsibility for collection and which are subject to collection under this rule include the following: Registration fees, delinquent student loans, returned checks, traffic and parking fines, library fines, educational resources fines/sales, graduation fees, health services, veterinary medical services, rental fees, housing, physical education equipment, travel advance reimbursements, disallowed revolving fund reimbursements, overpayments to employees, overpayment of workers’ compensation monetary benefits and other miscellaneous charges.
(3) Accounts Receivable Other than Returned Checks and Overpayment of Workers’ Compensation Monetary Benefits.
(a) Collection Procedures. Amounts due from an employee shall be placed in the University’s Accounts Receivable billing system after routine attempts by the department to obtain payment of any accounts receivable are unsuccessful. Once charges are placed in the Accounts Receivable billing system, billing and collection efforts shall be conducted for a period of three (3) months. If the University does not receive payment within three (3) months of the date of the first billing or suitable payment arrangements have not been made, the employee shall be notified pursuant to paragraph 6C1-3.0421(3)(b), F.A.C., that set-off procedures shall be implemented with respect to his or her debt.
(b) Set-Off Procedures. The employee shall be notified by certified letter, return receipt requested, that he or she has ten (10) calendar days from receipt of the letter to either pay all sums due, make satisfactory payment arrangements, submit documentary evidence disputing his or her debt, or request administrative review of the decision to set-off his or her debt through a deduction of funds from the employee’s paycheck. The notice shall further advise the employee that the set-off of wages shall commence without further notice following the expiration of the ten (10) day notice period unless the employee has taken appropriate action and shall include the amount and duration of the deductions which shall be made from his or her salary warrant.
(c) Calculation of Payroll Deduction.
1. In the event that the total amount of the debt is less than ten percent (10%) of the employee’s biweekly gross salary, the full amount of the employee’s debt shall be deducted in the first or second pay period following the expiration of the ten (10) day notice period given to the employee.
2. If the amount of the debt is greater than ten percent (10%) of the employee’s biweekly gross salary, the amount deducted each pay period shall not exceed ten percent (10%) of the employee’s gross salary.
3. In the event that an employee-debtor is terminated or voluntarily leaves the University’s employ, the entire amount of the debt shall be deducted from the employee’s final paycheck.
(4) Accounts Receivable – Returned Checks and Overpayment of Workers’ Compensation Monetary Benefits.
(a) Collection Procedures, Set-Off Procedures. When a check written by an employee to the University is returned uncollected or an employee receives an overpayment of a workers’ compensation monetary benefit, the employee shall be notified by certified letter, return receipt requested, of the returned check or the workers’ compensation overpayment and the employee shall be required to make full payment of the check and return check charge or the workers’ compensation overpayment within ten (10) calendar days from receipt of the letter. The notice shall further advise the employee that if the check is not redeemed within the ten (10) day period, the check and return check charge shall be forwarded to the Office of University Financial Services for payroll deduction without further notice. If the workers’ compensation overpayment is not repaid to the University’s Workers’ Compensation Office within the ten (10) day period, that office shall, without further notice, initiate one or more payroll deductions to recoup the overpayment.
(b) Calculation of Payroll Deduction. The full amount of the returned check and return check charge shall be deducted in the first or second pay period following referral of the account to the Office of University Financial Services. The entire workers’ compensation monetary benefit overpayment shall be deducted from the employee’s pay during the first pay period following the notification deadline. Deductions shall continue, as required, until the entire overpayment has been recouped.
Specific Authority 1001.74(4) FS. Law Implemented 17.04, 1001.74(19), 1010.03 FS. History–New 12-27-90, Amended 5-18-92, 6-28-98, 9-1-99, 6-3-03.
6C1-3.0422 Finance and Administration; Direct Deposit Program.
(1) The following describes the direct deposit requirement for all University of Florida employees. Direct deposit is the electronic transfer of net salary and travel expense reimbursements into University of Florida employees’ personal checking or savings account at United States financial institution.
(2) All employees, including temporary hires and non-work study students, are required to participate in the Direct Deposit Program as a condition of employment, regardless of date of hire.
(a) Employees have 30 days from the date of their first paycheck to set up a savings or checking account at a financial institution, and submit the University of Florida Direct Deposit Authorization Form to the University Payroll Office. The Direct Deposit Authorization form, FA-PS-DDA, Rev. 05/04, is incorporated herein by reference and can be obtained from the websites of the University Payroll Office and Division of Human Resources.
(b) By Federal Regulations, Work-Study students are not required to participate in the Direct Deposit Program, but strongly encouraged by the University of Florida to participate.
(c) The direct deposit data remains active in the University Payroll Office until it is changed or one year after separation of employment.
(3) Employees who can demonstrate a hardship or that they have been unable to establish an account at a financial institution may request exemptions from participating in direct deposit.
(a) Employees shall submit a written request including supporting documentation, to the University Payroll Office explaining the hardship within 14 days from the date of hire.
(b) The University Payroll Office will make a written determination within 14 days to the employee approving or denying the request.
(c) The University Payroll Office will print checks to those employees granted direct deposit participation exemption.
(4) Direct Deposit Authorization forms are available in the offices and on the web sites of the University Payroll Office and the Division of Human Resources.
(a) Employees are required to submit a new Direct Deposit Authorization to the University Payroll Office should there be a change in their financial institution.
(b) Employees are not required to re-submit a Direct Deposit Authorization when changing hiring authorities, pay plans, or job titles within the University of Florida.
Specific Authority 1001.74(4) FS. Law Implemented 110.113, 1001.74(19) FS. History–New 12-31-03, Amended 7-19-05.
6C1-3.045 Finance and Administration; University Support Personnel System (USPS) Predetermination and Arbitration Appeal Procedures for Employees with Permanent Status.
(1) Predetermination procedures for USPS employees with permanent status.
(a) Written Notice – Prior to the dismissal, suspension, or disciplinary reduction in pay of a permanent employee, the University shall give the employee written notice as follows:
1. The employee shall be given written notice of the proposed action at least 5 days prior to the date the action is to be taken.
2. If the employee is available, the notice shall be hand-delivered to the employee and the employee shall acknowledge receipt. Otherwise, the notice shall be mailed to the employee by certified mail, return receipt requested. The mailed notice shall be considered received by the employee even if refused or ignored.
(b) Contents of Notice – The notice shall be signed by the person authorized to make the final decision or his or her designated representative and shall include the following:
1. The effective date of the University’s proposed final action;
2. The specific charges or reasons for the action;
3. A list of documents on which the charges or other reasons are based; and a statement that documents shall be available to the employee upon request;
4. A statement that the employee may, within 2 workdays of receipt of the notice, submit a request in writing for a conference at which the employee may make an oral or written statement, or both, to the University to refute or explain the charges or reasons for the action; and the name, address, and telephone number of the person to whom the request for a conference shall be directed;
5. A statement that the requested conference must be held prior to the proposed effective date of the action, at a time and place determined by the University, normally during regular business hours, and that the employee may bring a representative to advise and assist;
6. A statement that the University of Florida desires to reduce the risk of error in taking the action against the employee and to avoid damaging the employee’s reputation by untrue or erroneous charges, and therefore, the University is interested in receiving and considering the employee response; and
7. A copy or summary of the predetermination procedures shall be enclosed with the notice.
(c) Conference – If a conference is requested by the employee, it must be conducted by the person(s) authorized to make the final decision or his or her designated representative(s) as follows:
1. The person(s) conducting the conference shall convene the conference at the time and place set by the University and shall identify all participants. He or she shall explain that the purpose of the conference is to hear the employee’s response to the charges in order to protect the employee from erroneous or arbitrary adverse action, to afford the University an opportunity to reevaluate its position after reviewing the information presented by the employee, and to thereafter affirm or alter the disciplinary action as may be warranted.
2. The conference shall be informal and shall not be in the nature of an evidentiary hearing. The employee may bring a representative to assist or advise him or her, but discovery, cross-examination, and similar legal procedures are not permissible.
3. The employee shall be permitted to submit relevant information, orally or in writing, or both, with the privilege being reserved to the University of Florida to give such information the weight it deems proper. The employee shall be informed that if he or she chooses to make no response, the University of Florida will proceed on the basis of the best information it can obtain without such response.
4. After the conference is conducted, the employee shall be notified, as soon as practicable, that the proposed final action will be effective on a specific date, that the proposed final action has been revised, or that no action will occur.
(d) Decision – After the conference, if the University determines that it will proceed with the reduction in pay, suspension, or dismissal of the employee, the employee shall be notified in writing by personal delivery or by certified mail, return receipt requested, within 5 workdays from the date the action is effective, of the employee’s right to appeal to an arbitrator under subsection (2) of this rule. If the employee occupies a position included in a certified bargaining unit, the employee shall be further notified that he or she may, in the alternative, use the unit’s grievance procedures as provided in the applicable collective bargaining agreement. Furthermore, sworn law enforcement personnel must assure that the provisions of Part VI of Chapter 112, F.S., Law Enforcement Officers’ Bill of Rights, are followed.
(e) During the period between the first notice and the effective date of the action, one of the following options shall be used by the University: retain the employee in his or her usual duties; temporarily assign the employee to other duties; place the employee on annual leave; or place the employee on administrative leave.
(f) Extraordinary Situations.
1. The President or President’s designee shall immediately suspend an employee from performance of his or her duties when the President or designee has reason to believe that the employee’s presence on the job would adversely affect the functioning of the University or would jeopardize the safety or welfare of other employees. The President or designee shall determine whether a suspension shall be with or without pay based on the severity of the misconduct and the threat to safety.
2. If oral notice is given, written notice of such action, and the reasons therefore, must be furnished to the employee within 24 hours.
3. Written notice in an extraordinary situation shall include a statement of the reasons for such action and shall be sent by certified mail, return receipt requested, or hand delivered and the employee shall acknowledge receipt.
4. Notice of a suspension or dismissal shall include a statement that the employee has a right to appeal to an arbitrator under subsection (2) of this rule.
(2) USPS Arbitration Appeal Procedures.
(a) An employee who has earned permanent status in his or her current classification shall have the right to appeal to an arbitrator any suspension, dismissal, layoff, demotion with reduction in pay, job abandonment, or reduction in pay, provided that the employee has not signed a statement indicating the action was voluntary. An employee whose position is classified to a lower class shall have the right to appeal only the reduction in pay, if any, that has occurred as a result of the demotion appointment.
1. If an employee requests an arbitration, the employee shall, within ten (10) working days after the receipt of notice of the employment action from the University, file with the Division of Human Resources a completed Arbitration Request Form. This form is incorporated by reference and is titled Arbitration Request Form, arb-req Rev. 2/04, and can be obtained from the Office of Employee Relations, Division Human Resources, 432A Stadium, Gainesville, Florida. A copy of the form must also be filed with the President or designee and the employee’s immediate supervisor.
2. Failure to initiate an arbitration request within the time limits prescribed shall be deemed a waiver of the right to arbitration. In the event of a question regarding timeliness of any notice, the date of receipt if transmitted in person, or the postmark if transmitted by mail, shall be determinative.
3. After the Request for Arbitration has been received, the Director of Human Resources will determine whether the request has been filed in accordance with the provisions of this section and shall notify the employee or his or her representative, the Dean or Director, and the Vice President responsible for the college, major budgetary unit, or administrative unit in which the grievant is employed of this determination. Additionally, the employee will be mailed a copy of this rule.
4. The Vice President responsible for the college, major budgetary unit or administrative unit in which the grievant is employed, or the Vice President’s designee, shall serve as the University representative in the arbitration.
5. The Director of Division of Human Resources (DHR) shall select an arbitrator on a rotational basis from an odd-numbered panel of at least seven (7) arbitrators maintained by the University and shall notify the University representative and the employee or his or her representative of the arbitrator selected. If the parties do not agree on the arbitrator selected, the selection shall be made by alternately striking names from the panel. The right of first strike shall be determined by a coin toss. The employee will receive notice of the identity of the arbitrator selected and may request disqualification of the arbitrator based on cause within five (5) days of receipt of the notice. Cause is present when it appears the arbitrator was chosen through corruption, fraud, or other undue means.
6. When an action is both appealable under this rule and grievable under a collective bargaining agreement, the employee shall have the option of using either procedure. The filing of the arbitration request form constitutes a waiver of any rights to review of the matter under an applicable collective bargaining agreement, Chapter 120, F.S., or other University review procedures. If the employee seeks a review of a matter in an alternative forum after requesting arbitration under this rule or fails to appear at the scheduled arbitration hearing, the University shall have no obligation to proceed further.
(b) Fees and Expenses.
1. All reasonable fees and expenses for the arbitrator will be paid by the University.
2. The party desiring a transcript of the arbitration proceedings shall provide written notice to the other party of its intention to have a transcript of the arbitration made at least one week prior to the date of the arbitration and shall be responsible for scheduling a reporter to record the proceedings. The parties shall share equally the appearance fee of the reporter and the cost of obtaining an original transcript and one copy for the party originally requesting a transcript of the proceeding. The requesting party shall, at its expense, photocopy the copy of the transcript received from the reporter and deliver the photocopy to the other party within five (5) calendar days after receiving the copy of the transcript from the reporter.
(c) The employee may self-represent or be represented. However, if the employee seeks to be represented by an employee organization, then the employee must follow the grievance procedures of the applicable collective bargaining agreement. If the employee elects to be represented, the employee must deliver or send to the Director of DHR within five (5) working days after filing an Arbitration Request form, a written statement indicating the name, address, telephone number and qualifications of the representative and confirming that the employee as well as the representative will be present during the arbitration hearing, and that the employee agrees to this representation.
(d) If the aggrieved employee participates during working hours in the arbitration, the employee’s compensation will not be affected by the time spent at the arbitration hearing. The employee must notify the immediate supervisor seven (7) days in advance of the anticipated absence. An employee will not be permitted to prepare the case during working hours.
(e) Hearing.
1. The arbitrator shall hold the hearing in the City of Gainesville, unless otherwise agreed by the parties. The hearing shall commence within thirty (30) working days of the arbitrator’s acceptance of selection, or as soon thereafter as is practicable. Arbitration proceedings shall be conducted in accordance with this rule, supplemented by the Labor Arbitration Rules, published by the American Arbitration Association, as Amended and Effective on December 1, 2002.
2. Within thirty (30) working days, the arbitrator shall issue to the University and the employee a written order which may affirm, reverse, or alter the decision of the University.
3. The employee and the University agree that the decision of the arbitrator shall be final and binding on both parties. No judicial review of the arbitration order is available except as provided by Chapter 682, F.S.
(f) Authority of the Arbitrator.
1. The arbitrator shall neither add to, subtract from, modify, or alter the provisions of University rules, policies, or procedures, or an applicable collective bargaining agreement. Arbitration shall be confined solely to the application and/or interpretation of those provisions and limited to the matters in the Request for Arbitration Form submitted for arbitration. No statements of opinion or conclusions not essential to the determination of the matters submitted shall be permitted. The arbitrator shall not review managerial decisions other than to ensure that such actions are in accordance with the applicable procedures under review. In the case of suspension, dismissal, and reduction in pay taken as a disciplinary action, the arbitrator shall determine whether there is just cause for such action.
2. Where an administrator has made a judgment involving the exercise of discretion, such as decisions regarding non-reappointment, assignment, or severity of disciplinary action, the arbitrator shall not substitute the arbitrator’s judgment for that of the administrator. Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated these rules.
3. The burden of proof shall be on the employee in layoff, demotion, reduction in pay, and relocation actions when not taken as a disciplinary action and in job abandonment. The burden of proof shall be on the employer in suspension, dismissal, demotion, and reductions in pay when taken as disciplinary actions.
4. The arbitrator’s order and award may reinstate an employee, with or without back pay. The back pay award shall not exceed the amount of pay the employee would otherwise have earned at the employee’s regular rate of pay and shall not be retroactive to a date earlier than the date of the occurrence of the event giving rise to the action at issue. In no situation will the award exceed the actual loss to the employee or provide attorney fees to either party.
5. The arbitrator may not award other monetary damages or penalties.
6. The arbitrator may reduce a dismissal to a suspension for such time as the arbitrator may fix, or reduce the period of suspension, which order shall be binding on the University and employee concerned.
(g) Arbitrability. Issues of arbitrability shall be bifurcated from the substantive issue(s) and, whenever possible, determined by means of a hearing conducted by conference call. The arbitrator shall have ten (10) days from the hearing to render a decision on arbitrability. If the issue is judged to be arbitrable, an arbitrator shall then be selected to hear the substantive issues, in accordance with the provisions of paragraph (2)(e) above.
Specific Authority 1001.74(4), 1012.92(1), (3) FS. Law Implemented 1001.74(19), 1012.92 FS. History–New 5-1-96, Amended 3-2-03, 12-31-03, 5-30-04.
6C1-3.046 Finance and Administration; Discipline, Suspension and Dismissal for Cause of Technical, Executive, Administrative, and Managerial Support (TEAMS) Staff.
(1) Definitions.
(a) “Just cause” shall be defined as:
1. Incompetence; or
2. Misconduct, whether on or off the job; or
3. Unsatisfactory performance of assigned duties; or
4. Unsatisfactory attendance.
(b) The term “advisor” shall mean a representative of the Division of Human Resources (DHR) appointed by the Director of DHR to assist in interpreting policies and procedures.
(c) For the purpose of this rule, “Vice President” means the indicated Vice President or the Vice President’s designee, “Dean” means the indicated Dean or the Dean’s designee, and “Director” means the indicated Director or the Director’s designee.
(2) Dismissal, Suspension and Disciplinary Action.
(a) The appointment of a TEAMS staff member can be terminated or suspended with or without pay for just cause.
1. An employee shall be given written notice of dismissal or suspension by the President or President’s designee. The notice shall include:
a. A basis for the dismissal or suspension,
b. A copy of this rule,
c. The dismissal or suspension shall take effect the day the Vice President issues his or her written decision if it upholds a decision to dismiss or suspend,
d. The name of an advisor,
e. Pay status.
2. During the period following the notice of dismissal or suspension, the President or designee shall determine the reassignment of the employee for the balance of employment.
3. Within seven (7) working days of the notice of dismissal or suspension, the Dean or Director responsible for the unit in which the TEAMS staff member is employed, will review the basis for the notice. The employee may schedule a meeting with the Dean or Director during these seven (7) working days to provide information about the notice and may submit to the Dean or Director letters and other documentary material related to the notice. Within the next five (5) working days, the Dean or Director will issue a written decision that upholds, modifies, or revokes the notice of dismissal or suspension. The decision shall state a basis for the conclusion reached and shall have attached all documents used in reaching the decision.
4. If the Dean or Director upholds or modifies the notice of dismissal or suspension, the Vice President responsible for the unit in which the TEAMS staff member is employed will review the basis for the notice within seven (7) working days. The Vice President’s review will be based solely on the decision by the Dean or Director and the accompanying documents. If the Vice President determines that it is necessary to receive further information, the Vice President will meet with the staff member within the seven (7) working day period to seek such information. Within the next five (5) working days, the Vice President will issue a written decision that upholds, modifies, or revokes the notice of dismissal or suspension.
5. The dismissal or suspension becomes final upon the issuance of the Vice President’s written decision upholding the notice of dismissal or suspension.
6. If the employee wishes to pursue the matter further, the employee has the right to appeal to an arbitrator as prescribed in subsection (8) of Rule 6C1-3.051, F.A.C.
(b) The President or designee retains the right to impose disciplinary action, other than termination or suspension, for “just cause”, as set forth in Section 1012.92, F.S.
1. The employee shall be given written notice of any disciplinary action. The notice shall state:
a. The reasons for the disciplinary action,
b. The disciplinary action is subject to the grievance procedure found in Rule 6C1-3.051, F.A.C.,
c. The effective date of the disciplinary action.
2. Counseling shall not be considered disciplinary action under this section.
(3) Suspension Pending Investigation. The President or designee shall immediately suspend an employee from the performance of his or her duties when the President or designee has reason to believe that the employee’s presence on the job would adversely affect the functioning of the University or would jeopardize the safety or welfare of other employees. The President or designee shall determine whether a suspension shall be with or without pay based on the severity of the misconduct and the threat to safety. Within two (2) working days from such immediate suspension, the President or designee shall serve written notice upon the employee stating the reasons for the action taken. If the employee has been suspended without pay and subsequently is reinstated as a result of the review or grievance procedures, the employee shall be reinstated with back pay.
Specific Authority 1001.74(4), 1012.92 FS. Law Implemented 1001.74(19), 1012.92 FS. History–New 3-6-85, Formerly 6C1-3.46, Amended 3-2-03, 5-30-04.
6C1-3.047 Finance and Administration; University Support Personnel System; Disciplinary Procedures.
(1) The University of Florida shall administer standards for performance and conduct to ensure timely and equitable disposition of disciplinary problems. Discipline ranging from oral reprimands to dismissal can be imposed for just cause as defined in subsection 6C1-3.046(1), F.A.C.
(2) The University of Florida has adopted the following standards which shall govern the manner and extent to which disciplinary action is taken. Levels of penalties are dependent upon the seriousness of the offense and any aggravating or mitigating circumstances, or as otherwise required by law. The concept of progressive discipline is endorsed dependent upon the offense. Each situation is assessed on a case-by-case basis, however, the University shall consider other discipline-related offenses collectively when in the best interest of the University of Florida. Appropriate disciplinary penalties include: oral reprimand, written reprimand, suspension without pay, or dismissal.
(3) STANDARDS FOR PERFORMANCE AND CONDUCT.
(a) Unsatisfactory Attendance. Unsatisfactory attendance includes: failure to obtain approval prior to any absence from work except in the case of proven emergency, failure to notify or call during an absence, an attendance record of recurring absences even if the majority of absences were necessary and/or excused, a pattern of absences, and tardiness.
(b) Misconduct. Conduct, on or off working hours, that adversely affects the employee’s ability to perform his or her duties, or which adversely affects the University’s ability to carry out its assigned mission. Misconduct may include but is not limited to: sexual harassment, threatening and/or abusive language, theft, fighting, falsification, insubordination, horseplay, possession, use, and/or distribution of non-prescribed drugs, possession or use of firearms, conviction of a crime, drinking on the job or reporting to work under the influence of alcohol or drugs, improper use of state property, leaving work area without permission, loafing, sabotage, sleeping on duty, strike or concerted activity, unauthorized solicitation, violation of safety practices, disruptive conduct, failure to follow instruction, and retaliation.
(c) Negligence. The failure to use ordinary or reasonable care in, or the omission of or inattention to, the performance of assigned duties. Negligence is synonymous with carelessness, lack of care, and lack of attention.
(d) Violation of provision of law, university rule, or departmental policy, procedure, or practice that is either verbal, written, or understood.
(4) If a USPS employee enrolls in TEAMS while having work performance and/or disciplinary issues, corrective actions shall continue in the new pay plan.
Specific Authority 1001.74(4), 1012.92(1), (3) FS. Law Implemented 1001.74(19), 1012.92 FS. History–New 8-26-81, Formerly 6C1-3.19, Amended 3-6-85, 5-14-85, Formerly 6C1-3.47, Amended 2-9-87, 5-21-89, 6-28-98, 10-31-99, 6-27-02, 2-3-03, 7-19-05.
6C1-3.050 Finance and Administration; University Support Personnel System and Technical, Executive, Administrative, and Managerial Support Staff Performance Appraisals.
(1) Appraisals for University Support Personnel System (USPS) and Technical, Executive, Administrative, and Managerial Support (TEAMS) Employees in Non-Exempt Positions.
(a) All newly hired non-exempt TEAMS employees must successfully complete a 6-month probationary period. This period is 12 months in length for Law Enforcement Officers.
(b) All USPS employees changing to a new classification in which they have not attained permanent status must successfully serve a 6-month probationary period in that position.
(2) Probationary Performance Appraisals for Non-Exempt TEAMS and USPS Employees. A probationary performance appraisal is required for all employees serving in a probationary period. Employees must meet the performance standards of their designated position. The performance appraisal rating period shall be the same as the probationary period. The probationary performance appraisal should be completed and presented within the last 30 days of the rating period. If an extended probationary period is required, the rating period shall be extended by the same length of time.
(a) The Dean, Director, or Department Chair, or designee, has the authority to extend by letter a probationary period for up to six (6) months if the employee is not meeting performance standards and the supervisor determines more time is needed for assessment, or the supervisor decides that additional time is needed for appropriate training or on-the-job experience. Law Enforcement Officers cannot be extended for six additional months, as their initial probationary period is for 12 months.
(b) If a performance appraisal is not completed to evaluate an employee’s original or extended probationary period, then the employee will be considered to be performing at an acceptable level of competence and thereby default to a satisfactory rating.
(3) Annual Performance Appraisals for Non-Exempt TEAMS and USPS Employees.
(a) The performance appraisal rating period shall normally be 12 months in length, beginning March 1 and ending the last day in February of each year. All annual performance appraisals are due by March 31 of each year.
(b) An employee shall not receive an annual performance appraisal if, by March 1 he or she has less than 60 days in the current position, if the probationary period has ended within 60 days of March 1, or if he or she has been evaluated within the last 60 days for any other purpose.
(c) Prior to a supervisor’s departure from his or her position, a preliminary performance appraisal should be completed on all employees that report to that position. This preliminary performance appraisal shall be retained and considered by the incoming replacement supervisor to accomplish the annual appraisal for the affected employees.
(4) Annual Performance Appraisals for TEAMS Employees in Exempt Positions.
(a) The performance appraisal rating period shall normally be 12 months in length, beginning March 1 and ending the last day in February of each year. All annual performance appraisals are due by March 31 of each year.
(b) The initial performance appraisal period for exempt TEAMS employees who are contracted for a 6-month period shall be accomplished via narrative within the last 30 days of the contract period.
(c) An employee shall not receive an annual performance appraisal if by March 1 they have less than 60 days in their current position, or if their initial 6-month contract period has ended within 60 days of March 1, or if he or she has been evaluated within the last 60 days for any other purpose.
(5) Special Performance Appraisals for USPS and TEAMS Employees. A special performance appraisal shall be conducted whenever it is determined that the employee’s performance warrants being evaluated. Special performance appraisals shall be coordinated with the Division of Human Resources. These appraisals may cover a period of no less than 60 days and no more than 180 days.
(6) Record Retention and Forms. A copy of each completed appraisal shall become a part of the employees official personnel file maintained by the Division of Human Resources. The original completed appraisal shall be provided to the employee.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3), 1012.91 FS. History–New 7-1-96, Amended 6-28-98, 5-22-01, 3-12-03, 5-30-04, 7-19-05.
6C1-3.051 Finance and Administration; University Grievance Procedures for Technical, Executive, Administrative, and Managerial Support Staff: General Information, Resort to Other Procedures, Time Limits, Procedures, and Arbitration Appeal.
(1) General Information.
(a) The purpose of this rule is to promote a prompt and efficient procedure for the investigation and resolution of grievances filed by Technical, Executive, Administrative, and Managerial Support (TEAMS) staff members of the University. Informal resolution of complaints and concerns is encouraged. An employee should promptly pursue informal resolution before filing a grievance.
(b) The term “grievance” shall mean an allegation filed by the TEAMS employee that any condition, act, or omission of the University directly affecting the employee’s terms and conditions of employment is unjust, inequitable, or creates a problem. The grievance may also allege that the University failed to comply with the University grievance procedure and request specific action.
(c) An employee shall not have the right to file a grievance or reweigh management decisions concerning evaluations of performance, salary increase decisions, or similar administrative decisions made under the rules of the University, unless the action was taken without proper authority.
(d) In case of non-disciplinary action, the burden of proof shall be on the grievant. In case of disciplinary action, the burden of proof shall be on the University.
(e) Definitions.
1. The term “grievant” shall mean a TEAMS employee who has been directly affected by an act or omission of the University and who has filed a grievance.
2. The term “grievance officer” shall mean a Division of Human Resources representative appointed to conduct the Step 1 meeting.
(2) Grievances Arising from Dismissals or Suspensions for Just Cause. When a written notice of dismissal or suspension for “just cause” as defined in Rule 6C1-3.046, F.A.C., has been issued, the automatic review procedure by the Dean or Director and by the Vice President prescribed in Rule 6C1-3.046, F.A.C., substitutes for the grievance review process. The outcome of that review constitutes the final University decision on the dismissal or suspension. If the Vice President upholds a decision to dismiss or suspend, the employee shall have the right to appeal to an arbitrator as prescribed in subsection (8) below.
(3) Grievances Not Arising from Dismissals or Suspensions for Just Cause.
(a) These grievances shall be reviewed using the Step 1 and Step 2 procedures prescribed in subsections (6) and (7) below. The decisions of the grievance officer in the Step 1 procedure and, if requested, the Vice President in the Step 2 procedure, shall constitute the final resolution of the grievance, except when the grievance concerns the employee’s separation, layoff, demotion with reduction in pay, job abandonment, relocation, provided that the employee has not signed a statement indicating the action was voluntary, and the employee has timely filed an appeal to an arbitrator as set forth in paragraph (3)(b) of this rule.
(b) If the grievance concerns the employee’s separation, layoff, demotion with reduction in pay, job abandonment, relocation, the employee shall have the right to appeal to an arbitrator as prescribed in subsection (8) below after written decisions from the Step 1 and Step 2 meetings have been rendered. An employee whose position is classified to a lower class shall have the right to appeal only the reduction in pay, if any, that has occurred as a result of the demotion appointment.
(4) Resort to Other Procedures.
(a) It is the intent of this procedure to provide a complete response to a grievance, but not to encourage multiple processings of the same issue. Therefore, the University shall not entertain under this rule a grievance based upon the same issue(s) adjudicated pursuant to another University rule or in another forum, whether administrative or judicial. If, prior to the conclusion of the procedures described in this rule, a grievant seeks resolution of the matter in any other forum, whether administrative or judicial, the University shall have no obligation to entertain or proceed further with the matter pursuant to this rule.
(b) The University’s response to other individuals or groups having appropriate jurisdiction in any other procedure shall not be an act or omission giving rise to a grievance under this procedure.
(c) Grievances alleging discrimination shall be filed in accordance with the provisions contained in Rule 6C1-1.0063, F.A.C.
(d) A grievant who complains of matters that affect his or her substantial interest may file a petition for a hearing pursuant to and in accordance with Sections 120.569 and 120.57, F.S., unless a written grievance or arbitration appeal has been or is being filed under subsection (6) or (8) of this rule. The filing of a written grievance under subsection (6) of this rule or a request for an arbitration appeal of dismissal or suspension under subsection (8) of this rule constitutes a WAIVER of any right the grievant might otherwise have to request a proceeding under Chapter 120, F.S., including Sections 120.569 and 120.57, F.S.
(5) Time Limits.
(a) A grievance shall be filed no later than ten (10) working days from the date following the act or omission giving rise to the grievance, or ten (10) working days from the date the grievant acquires knowledge, or could have reasonably been expected to have acquired knowledge, of the act or omission. Failure by the employee to file a grievance within the time limits prescribed shall be deemed a waiver of the employee’s right to the grievance procedure.
(b) All time limits contained in this rule may be extended by mutual written agreement of the parties.
(c) Upon the failure of the grievant to file an appeal within the time limits provided in this rule or any extension thereof, the grievance shall be deemed to have been resolved at the prior step.
(6) Step 1 Procedures.
(a) A Step 1 grievance shall be initiated by filing with the Director of Division of Human Resources (DHR) a completed form entitled “Step One Grievance for TEAMS Staff.” DHR will provide a copy of the completed form to the Vice President for Human Resources.
(b) Upon receipt of the written grievance, the Director of DHR or designee shall inform the Dean or Director responsible for the college, major budgetary unit or administrative unit in which the grievant is employed of the complaint. The Director of DHR or designee shall assign a DHR representative to investigate the grievance as the greivance officer. Within fifteen (15) working days following receipt of the grievance by the Director of DHR, the grievance officer shall consult with the parties directly involved in the grievance and interview others in addition to the grievant and seek any other material necessary in order to determine an appropriate resolution of the grievance. The grievance officer shall, within ten (10) working days following the conclusion of the investigation and informal conference(s) with the grievant, issue a written decision to the grievant giving reasons for the conclusions reached and attaching all documents presented at the Step 1 meeting. The grievance officer will provide a copy of the written decision with attachments to the Director of DHR, the Dean or Director, and the Vice President responsible for the college, major budgetary unit, or administrative unit in which the grievant is employed.
(7) Step 2 Procedures.
(a) If the grievant is dissatisfied with the decision in Step 1 and wishes to pursue the matter, the grievant shall file within ten (10) working days with the Director of DHR a completed form entitled “Step Two Grievance for TEAMS Staff.” DHR will provide a copy of the completed form to the Vice President for Human Resources.
(b) The Director of DHR shall forward a copy of the form to the Vice President responsible for the college, major budgetary unit, or administrative unit in which the grievant is employed. The Vice President or the Vice President’s designee will conduct a Step 2 review.
(c) The Step 2 review will be based solely on the Step 1 report or also include a meeting with the grievant if insufficient information is obtained from the grievant at Step 1. A written decision shall be furnished to the grievant within fifteen (15) days following completion of the review by the Vice President or designee.
(8) Arbitration Appeal Procedures.
(a) Request for Processing.
1. If a grievant is dissatisfied with the decision in Step 2, and if the grievant is entitled to appeal to an arbitrator pursuant to the provisions of subsection (3) of this rule, and if the grievant wishes to pursue the matter, the grievant shall, within ten (10) working days after receipt of the Step 2 decision, file with the Director of DHR a completed Arbitration Request Form. If a TEAMS employee is entitled to appeal to an arbitrator pursuant to the provisions of subsection (2) of this rule, and wishes to appeal dismissal or suspension for just cause, the employee shall within ten (10) working days after receipt of the Vice President’s written decision under subparagraph 6C1-3.046(2)(a)5., F.A.C., file with the Director of DHR a completed Arbitration Request Form. The Arbitration Request Form is incorporated by reference and is entitled Arbitration Request Form, Form arb-req Rev. 2/04, and can be obtained from the Director of DHR, 432A Stadium, Post Office Box 115003, Gainesville, Florida 32611. A copy of the form must also be filed with the President or designee and the employee’s immediate supervisor.
2. Failure to initiate an arbitration request within the time limits prescribed shall be deemed a waiver of the right to arbitration. In the event of a question regarding timeliness of any notice, the date of receipt if transmitted in person, or the postmark if transmitted by mail, shall be determinative.
3. After the Request for Arbitration has been received, the Director of DHR or designee will determine whether the request has been filed in accordance with the provisions of this section and shall notify the employee or his or her representative, the Dean or Director, and the Vice President responsible for the college, major budgetary unit, or administrative unit in which the grievant is employed of this determination. Additionally, the employee will be mailed a copy of this rule.
4. The Vice President responsible for the college, major budgetary unit or administrative unit in which the grievant is employed, or the Vice President’s designee, shall serve as the University representative in the arbitration.
5. The Director of DHR or designee shall select an arbitrator on a rotational basis from an odd-numbered panel of at least seven arbitrators maintained by the University and shall notify the University representative and the employee or his or her representative of the arbitrator selected. If the parties do not agree on the arbitrator selected, the selection shall be made by alternately striking names from the panel. The right of first strike shall be determined by a coin toss. The employee will receive notice of the identity of the arbitrator selected and may request disqualification of the arbitrator based on cause within five (5) days of receipt of the notice. Cause is present when it appears the arbitrator was chosen through corruption, fraud, or other undue means.
6. When an action is both appealable under this rule and grievable under a collective bargaining agreement, the employee shall have the option of using either procedure. The filing of the arbitration request form constitutes a waiver of any rights to review of the matter under an applicable collective bargaining agreement, Sections 120.57 and 120.569, F.S., or other University review procedures. If the employee seeks a review of a matter in an alternative forum after requesting arbitration under this rule or fails to appear at the scheduled arbitration hearing, the University shall have no obligation to proceed further.
(b) Fees and Expenses.
1. All reasonable fees and expenses for the arbitrator will be paid by the University.
2. The party desiring a transcript of the arbitration proceedings shall provide written notice to the other party of its intention to have a transcript of the arbitration made at least one week prior to the date of the arbitration and shall be responsible for scheduling a reporter to record the proceedings. The parties shall share equally the appearance fee of the reporter and the cost of obtaining an original transcript and one copy for the party originally requesting a transcript of the proceeding. The requesting party shall, at its expense, photocopy the copy of the transcript received from the reporter and deliver the photocopy to the other party within five (5) calendar days after receiving the copy of the transcript from the reporter.
(c) If the employee elects to be represented, the employee must deliver or send to the Director of DHR within five (5) working days after filing a Request for Arbitration, a written statement indicating the name, address, telephone number and qualifications of the representative and confirming that the employee as well as the representative will be present during the arbitration hearing, and that the employee agrees to this representation. The employee may self represent or be represented. Notwithstanding the foregoing, if the employee seeks to be represented by an employee organization, then the employee must follow the grievance procedures of the applicable collective bargaining agreement.
(d) If the aggrieved employee participates during working hours in the arbitration, the employee’s compensation will not be affected by the time spent at the arbitration hearing. The employee must notify the immediate supervisor seven (7) days in advance of the anticipated absence. An employee will not be permitted to prepare the case during working hours.
(e) Hearing.
1. The arbitrator shall hold the hearing in the City of Gainesville, unless otherwise agreed by the parties. The hearing shall commence within thirty (30) working days of the arbitrator’s acceptance of selection, or as soon thereafter as is practicable. Arbitration proceedings shall be conducted in accordance with this rule, supplemented by the Labor Arbitration Rules, published by the American Arbitration Association, as amended and effective on December 1, 2002.
2. Within thirty (30) working days, the arbitrator shall issue to the University and the employee a written order which may affirm, reverse, or alter the decision of the University.
3. The employee and the University agree that the decision of the arbitrator shall be final and binding on both parties. No judicial review of the arbitration order is available except as provided by Chapter 682, F.S.
(f) Authority of the Arbitrator.
1. The arbitrator shall neither add to, subtract from, modify, or alter the provisions of University rules, policies, or procedures, or an applicable collective bargaining agreement. Arbitration shall be confined solely to the application and/or interpretation of those provisions and limited to the matters in the Request for Arbitration Form submitted for arbitration. No statements of opinion or conclusions not essential to the determination of the matters submitted shall be permitted. The arbitrator shall not review managerial decisions other than to ensure that such actions are in accordance with the applicable procedures under review. In the case of suspension, dismissal, and reduction in pay taken as a disciplinary action, the arbitrator shall determine whether there is just cause for such action.
2. Where an administrator has made a judgment involving the exercise of discretion, such as decisions regarding non-reappointment, assignment, or severity of disciplinary action, the arbitrator shall not substitute the arbitrator’s judgment for that of the administrator. Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated these rules.
3. The burden of proof shall be on the employee in layoff, demotion, reduction in pay, and relocation actions when not taken as a disciplinary action and in job abandonment. The burden of proof shall be on the employer in suspension, dismissal, demotion, and reductions in pay when taken as disciplinary actions.
4. The arbitrator’s order and award may reinstate an employee, with or without back pay. The back pay award shall not exceed the amount of pay the employee would otherwise have earned at the employee’s regular rate of pay and shall not be retroactive to a date earlier than the date of the occurrence of the event giving rise to the action at issue. In no situation will the award exceed the actual loss to the employee or provide attorney fees to either party.
5. The arbitrator may not award other monetary damages or penalties.
6. The arbitrator may reduce a dismissal to a suspension for such time as the arbitrator may fix, or reduce the period of suspension, which order shall be binding on the University and employee concerned.
(g) Arbitrability. Issues of arbitrability shall be bifurcated from the substantive issue(s) and, whenever possible, determined by means of a hearing conducted by conference call. The arbitrator shall have ten (10) days from the hearing to render a decision on arbitrability. If the issue is judged to be arbitrable, an arbitrator shall then be selected to hear the substantive issues, in accordance with the provisions of paragraph (7)(e) above.
STEP ONE GRIEVANCE FOR TEAMS STAFF
DATE: _______________________________________________________________________
NAME: ______________________________________________________________________
DIVISION: ___________________________________________________________________
CAMPUS ADDRESS: __________________________________________________________
DEPARTMENT: _______________________________________________________________
CAMPUS PHONE: ____________________________________________________________
HOME ADDRESS: ____________________________________________________________
HOME PHONE: _______________________________________________________________
University Rule(s) or Regulation(s) Allegedly Violated:
_____________________________________________________________________________
Statement of grievance including date of act(s) or omission(s) complained of:
_____________________________________________________________________________
Statement of remedy sought:
_____________________________________________________________________________
I understand that this grievance will not be processed if the act(s) or omission(s) complained of herein are, or become, the subject of any other administrative or judicial proceeding.
I understand that Step 1 of the TEAMS grievance procedure is an informal and non-legalistic step.
Its purpose is to establish the facts giving rise to my grievance. I understand that it is my responsibility to present information in my behalf personally without representation.
I am also aware that the principals in the Step 1 meeting, if held, in addition to myself will be the University Administrator assigned by the Dean or Director responsible for my unit to address my grievance and a Representative of the Division of Human Resources.
I understand and agree that by filing this grievance, I voluntarily and knowingly waive any rights I might otherwise have to file a request for a proceeding under Sections 120.569 and 120.57, F.S. I understand that I have 21 days from the date of the University’s final decision to file a proceeding under Sections 120.569 and 120.57, F.S., regarding my substantial interest(s).
This grievance was filed with the Director of the Division of Human Resources on the _____ day of ________, 20____. The following method of delivery was utilized:
( ) Certified or Registered Mail, with restricted delivery to the Director, Division of Human Resources, and return receipt requested.
( ) Personal delivery to the office of the Director, Division of Human Resources.
_______________________________________________________
Signature of Grievant
Date Received: ___________________________________________
_______________________________________________________
Director, Division of Human Resources
xc: Department Chair/Unit Supervisor or Director
STEP TWO GRIEVANCE FOR TEAMS STAFF
DATE: _______________________________________________________________________
NAME: ______________________________________________________________________
DIVISION: ____________________________________________________________________
CAMPUS ADDRESS: __________________________________________________________
DEPARTMENT: _______________________________________________________________
CAMPUS PHONE: ____________________________________________________________
HOME ADDRESS: ____________________________________________________________
HOME PHONE: _______________________________________________________________
University Rule(s) or Regulation(s) Allegedly Violated:
_____________________________________________________________________________
Statement of appeal to Step 2:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
I understand that this grievance will not be processed if the act(s) or omission(s) complained of herein are, or become, the subject of any other administrative or judicial proceeding.
This grievance was filed with the Director of the Division of Human Resources on the _____ day of ________, 20____. The following method of delivery was utilized:
( ) Certified or Registered Mail, with restricted delivery to the Director, Division of Human Resources, and return receipt requested.
( ) Personal delivery to the office of the Director, Division of Human Resources.
_______________________________________________________
Signature of Grievant
Date Received: ____________________________________
________________________________________________
Director, Division of Human Resources
xc: Department Chair/Unit Supervisor or Director
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 2-23-82, Formerly 6C1-3.34, Amended 3-6-85, Formerly 6C1-3.51, Amended 2-9-87, 5-18-92, 10-31-99, 3-2-03, 5-30-04, 7-19-05.
6C1-3.054 Finance and Administration; Appointment; Technical, Executive, Administrative, and Managerial Support and University Support Personnel System Staff.
(1) Technical, Executive, Administrative, and Managerial Support (TEAMS) and University Support Personnel System (USPS) Appointment Modifiers.
(a) The University shall use the following appointment modifiers to define the conditions of TEAMS and USPS employee appointments. Such appointment modifiers apply to the appointment of a qualified employee unless otherwise stated.
1. Regular – A continuing appointment or an original temporary appointment that may be followed by a continuing appointment. The appointment modifier is not included in the title.
2. Provisional – An appointment to a position where the employee has not yet passed a required examination, but meets the minimum qualifications for the position; the employee is not fully qualified, but is expected to acquire such qualification within six (6) months; is under a cooperative education program, a vocational rehabilitation program, an approved university training program, or an approved apprenticeship program; an appointment to provide a nonpermanent assignment to a vacant position; or to overlap one employee with another for training purposes.
3. Temporary – An appointment to provide a noncontinuing assignment to a vacant position; to replace an employee on leave, temporarily promoted or reassigned. Temporary appointments may include the assumption of additional or replacement duties.
4. Emeritus – An honorary title that may be conferred at retirement in recognition of distinguished service.
5. Multi-Year – An Executive Service appointment that extends beyond twelve (12) months.
6. Time Limited – An appointment to a position funded by contract and grant, auxiliaries, or local funds, as appropriate, for a particular project, enterprise, or specified period. Such designation must be made to the position at the time of recruitment. A time-limited position shall have the same rights as a position with a regular appointment modifier, except such position shall not have rights provided for layoff, recall, and notice of nonreappointment.
7. Probationary – An appointment to a position in a class for the designated period, where the employee meets the minimum qualifications for the position. Continuous successful performance in a class with the appointment modifier of temporary may be counted toward completion of the required probationary period. The decision to count such time toward completion of the probationary period shall be made at the time the employee is initially appointed with probationary status.
(2) Initial Appointment to TEAMS and USPS.
(a) Definitions.
1. For the purposes of this rule, a “new” employee is one not employed by the University in TEAMS or USPS at the time the department or unit makes the offer of employment.
2. For the purposes of this rule, Executive Service shall denote those employees who hold the title of Vice President or who are so designated by the University President or the Board of Trustees.
(b) The initial appointment of a new employee to a USPS or non-exempt TEAMS position shall be for a probationary period of six (6) months with the exception of employees in law enforcement positions who serve an initial twelve (12) month probationary period. During this probationary period, the appointment may be terminated at any time without any requirements of notice and without rights of appeal.
(c) Initial Appointment of Exempt TEAMS Employees and Executive Service Appointments.
1. With the exception of appointments to Executive Service and unless otherwise specified by the hiring authority as a twelve- (12) month appointment, the initial appointment of a new exempt employee to TEAMS shall be for six (6) months.
2. Employees designated in the Executive Service serve at the will of the President, do not have tenure or permanent status, and have no expectation of appointment beyond a 60 days’ notice period.
(d) A USPS employee who is in the probationary period and who transfers to TEAMS shall be given an initial probationary appointment of six (6) months less the time already spent in the most recent USPS probationary appointment or extension thereof. During this probationary appointment to TEAMS, the appointment may be terminated at any time without any requirements of notice and without rights of appeal.
(e) A USPS employee who has attained permanent status and who transfers to TEAMS shall be given an initial regular appointment to TEAMS of twelve (12) months.
(f) In no case shall a University employee have concurrent USPS and TEAMS appointments.
(3) Regular Appointment to TEAMS. After satisfactory completion of the initial appointment, subsequent regular appointments to TEAMS shall be for a period of twelve (12) months.
(4) Promotion, Changes of Assignment, Demotions, and Relocations in TEAMS and USPS.
(a) Current University employees shall not be eligible to be promoted, demoted, or reassigned outside the current department until the employee has completed six (6) months satisfactory service in his or her current position, unless approved by the President. Approval shall be granted only when the action is consistent with the efficient use of University resources and agreed upon by the Director of the Division of Human Resources and by both the current department and the receiving department.
(b) A University employee may apply for a promotion, demotion, or reassignment to a non-exempt or exempt position by creating an online resume in the myUFL HR system and applying for each specific position of interest.
(c) A promotion in TEAMS or USPS is the appointment to another TEAMS or USPS position or class with substantially increased responsibilities and/or a higher pay grade, or a permanent assignment of substantially increased responsibilities for the existing classification. An employee must meet the minimum qualifications for the position to which promoted.
(d) A TEAMS or USPS change of assignment is the appointment to a different position in the same class or in a different class having the same pay grade.
(e) A TEAMS or USPS demotion is an appointment to a class or position having less responsibility.
(f) A TEAMS or USPS relocation is the appointment of an employee from one geographic location within the University to a different geographic location within the University in excess of 50 miles from the employee’s current work location.
(5) Pay Upon Appointment.
(a) A University employee who is newly appointed to a regular TEAMS or USPS appointment shall receive pay commensurate with the responsibilities assigned, but not below the minimum of the pay range except as provided in paragraph (c) below.
(b) A TEAMS or USPS employee who is promoted or reassigned shall receive pay commensurate with the responsibilities assigned. The employee’s pay may remain unchanged, decreased, or increased depending upon the employment needs of the department or unit, but not below the minimum of the pay range. A TEAMS or USPS employee who is demoted shall receive pay commensurate with the responsibilities assigned, but not below the minimum of the pay range except as provided in paragraph (c) below.
(c) A provisional TEAMS or USPS appointment may be below the minimum of the pay range. If a provisional TEAMS or USPS appointment is made below the minimum of the pay range, the pay shall be increased to at least the minimum of the pay range upon the employee attaining the minimum qualifications for the class.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 3-26-80, Formerly 6C1-7.20, Amended 3-6-85, Formerly 6C1-3.54, Amended 4-30-95, 7-1-96, 3-2-03, 5-30-04, 7-19-05.
6C1-3.056 Finance and Administration; Resignation and Non-Reappointment of Technical, Executive, Administrative, and Managerial Support Staff.
(1) Except for an emergency situation, a member of Technical, Executive, Administrative, and Managerial Support (TEAMS) staff in an exempt position shall be required to give at least one (1) month’s notice of resignation, and a TEAMS staff member in a non-exempt position shall be required to give at least two (2) weeks notice of resignation.
(a) Definitions.
1. For the purposes of this rule, Executive Service shall denote the members of TEAMS who do not hold tenure or permanent status and who hold the title of Vice President.
2. For the purposes of this rule, a “new” employee is one not employed in TEAMS or University Support Personnel System (USPS) by the University at the time the department/unit makes the offer of employment.
(2) Non-reappointment by the University.
(a) TEAMS Employees in Initial Non-Exempt Appointments and Executive Service Appointments
1. With the exception of appointments to Executive Service, a new TEAMS employee’s initial appointment at the University to a non-exempt position shall be probationary and the employee may be terminated at any time without any requirement of notice and without rights of appeal.
2. Employees in TEAMS designated in the Executive Service serve at the will of the President, do not have tenure or permanent status, and have no expectation of appointment beyond a sixty (60) days’ notice period.
(b) TEAMS employees whose positions hold appointment modifiers of Provisional, Temporary, Time-Limited, or Probationary are not entitled to any notice of non-reappointment, and their employment ceases on the last day of the appointment unless the University issues a renewal of their appointment.
(c) Employees in TEAMS status hired before June 30, 2005, shall be given written notice that regular or multi-year appointments will not be renewed as follows:
1. For employees in their initial twelve (12) months of employment, three (3) months prior to the end of the current appointment period; alternatively, TEAMS employees in their initial twelve (12) months of employment may be given written notice in the last three (3) months of the current appointment period that regular or multi-year appointments will not be renewed provided that the employee is given a temporary appointment ending three (3) months from the date of the written notice.
2. For TEAMS employees with more than twelve (12) months of service in TEAMS or USPS since the last break-in-service, at least six (6) months prior to the end of the current appointment period; alternatively, TEAMS employees with more than twelve (12) months of service in TEAMS or USPS since the last break-in-service may be given written notice in the last six (6) months of the current appointment period that regular or multi-year appointments will not be renewed provided that the employee is given a temporary appointment ending six (6) months from the date of the written notice.
3. If the effective date of the non-reappointment notice is subsequent to the expiration date of the employee’s appointment, the employee shall be issued an appointment limited to the balance of the required notice period.
(d) Employees in TEAMS status hired after June 30, 2005, shall be given three (3) months notice in writing that regular or multi-year appointments will not be renewed.
(e) The decision to discontinue an appointment to a TEAMS employee shall not be based on constitutionally impermissible grounds.
(f) Following receipt of the notice of non-reappointment, a TEAMS employee may be reassigned to other duties and responsibilities, placed on administrative leave in accordance with Rule 6C1-1.201, F.A.C., or paid an amount, less withholding, equal to the compensation he or she would have received prior to the effective date of the non-reappointment notice. Such reassignment will occur when it is determined by the University that such action best meets the employment needs of the department or unit. Regardless of a reassignment, the employee is entitled to the same amount of compensation he or she received prior to reassignment until the effective date of the non-reappointment notice.
(g) No single multi-year appointment shall exceed five (5) years in duration. Any multi-year appointment issued by the University must be approved in advance of issuance and in writing by the Vice President or designee of the unit in which the employee is appointed.
(h) No appointment shall create any right, interest, or expectancy of continued employment. At any time during any appointment, TEAMS personnel may be non-renewed upon written notice that the appointment will not be renewed as stated above.
(i) Notice of non-reappointment should be made by Certified mail with return receipt requested or hand-delivered.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 3-6-85, Formerly 6C1-3.56, Amended 7-1-96, 10-31-99, 6-27-02, 3-2-03, 7-19-05.
6C1-3.057 Finance and Administration; Workers’ Compensation, Unemployment Compensation and Drug Testing.
(1) Division of Human Resources is responsible for the administration of the Workers’ Compensation Program.
(a) An employee shall report as soon as practicable an on-the-job injury to the Workers’ Compensation Office, Division of Human Resources and also to the employee’s supervisor.
(b) Departments that fail to comply with the Workers’ Compensation Office’s instructions shall be responsible for workers’ compensation costs incurred by the University as a result of that failure to comply.
(c) All University employees and authorized volunteers shall wear seatbelts and, as appropriate, safety helmets while operating or riding in or on motorized vehicles.
(2) Division of Human Resources is responsible for the administration of all drug testing programs. All policies, procedures and drug testing records shall be maintained by the Drug Testing Office, Division of Human Resources.
(3) Division of Human Resources is responsible for the administration of the Unemployment Compensation Program. Departments shall refer all unemployment compensation questions and materials to the Unemployment Compensation Office, Division of Human Resources.
Specific Authority 1001.74(4) FS. Law Implemented 440.03, 1001.74(19) FS. History–New 3-6-85, Formerly 6C1-3.57, Amended 4-30-95, 6-28-98, 6-3-03, 5-30-04, 7-19-05.
6C1-3.058 Finance and Administration; University Complaint Procedure for University Support Personnel System Employees.
(1) General Information.
(a) The purpose of this rule is to establish a prompt and efficient procedure for addressing employee complaints by University Support Personnel System (USPS) employees.
(b) The primary objective of the complaint procedure is to maintain sound employee relations. This process allows employees to bring complaints to the attention of management with the assurance that they will receive a review and be accorded fair and equitable treatment without regard to race, creed, color, sex, sexual orientation, religion, national origin, political opinions or affiliations, age, veteran status as protected under the Vietnam Era Veterans’ Readjustment Assistance Act, disability, or marital status.
(c) A permanent status employee may file a complaint concerning employment or alleging that the University failed to comply with the University complaint procedure and request specific action by the appropriate university official.
(d) A USPS employee who does not have permanent status may file a complaint concerning only nondisciplinary matters affecting the employee’s terms and conditions of employment with the immediate supervisor and, finally, the next level supervisor. The USPS Complaint Form, DHR-USPS/CF-12/02 which is incorporated herein by reference, developed and maintained by the Division of Human Resources, 432A Stadium, Post Office Box 115002, Gainesville, Florida 32611.
(2) Definitions.
(a) The term “complaint,” for the purposes of this process, is defined as an allegation made by the employee that any condition affecting the employee’s terms and conditions of employment is unjust, inequitable, or creates a problem. An employee shall not have the right to file a complaint concerning evaluations of performance unless the employee alleges that the evaluation is based on factors other than performance.
(b) The term “complainant” shall mean a USPS employee who has been directly affected by an act or omission of the University or its representative and who has filed a complaint under this process.
(c) The complaint procedure is an informal, non-adversarial, in-house means of addressing employee complaints. Complaints will not be processed which are or become the subject of any other administrative or judicial proceeding.
(d) The arbitration appeal process covers suspensions, reductions in pay, transfers, layoffs, demotions with a reduction in pay, job abandonment, and dismissals. These actions are not subject to the complaint procedure.
(e) The vice president responsible for the area in which the complainant is employed and/or the Director of Division of Human Resources or designee has been designated to resolve complaints on behalf of the University.
(3) Time Limits.
(a) A complaint shall be filed no later than ten (10) working days from the date that the complainant knew or should have known of the act or omission about which the complaint is being made.
(b) All time limits contained in the complaint procedure may be extended by mutual agreement of the parties. An extension should be freely granted unless to do so would impede the resolution of the complaint.
(c) Upon the failure of the complainant to file a complaint within the time limits provided in this procedure or any extension thereof, the complaint shall be deemed to have been resolved at the prior step.
(d) The term “days” shall mean working days.
(4) Step One: Oral Discussion with Supervisor. An employee may informally present a complaint to the employee’s supervisor for discussion, consideration, and resolution within ten (10) working days from the date that the complainant knew or should have known of the act or omission about which the complaint is being made. Informal resolution is encouraged and a written complaint should only be filed after an informal resolution has proven unsuccessful. The supervisor should respond to the employee within ten (10) working days from the date of the discussion.
(5) Step Two: Department Head Review.
(a) If the employee is not satisfied with the Step One decision, the employee may present a written complaint to the administrative head of the employee’s department within ten (10) working days from receipt of oral reply from the employee’s supervisor. A copy of the written complaint shall be furnished to the employee relations manager assigned to the area. The written complaint should be clear, concise, and specifically detail what action is requested to resolve the complaint. Complaint resolutions which are beyond the reasonable control of the University shall be denied.
(b) The administrative head of the employee’s department, generally the director or a designee, will arrange for a meeting with the employee. The department head determines the scope of the review of the complaint and will decide if consultation with others is appropriate. The department head will provide a written response to the complainant within twenty (20) working days from the receipt of the written complaint.
(6) Step Three: Final Decision by Vice President. If the employee is not satisfied with the Step Two decision, a written request for review may be made through the employee relations manager to the vice president for the area in which the complainant is employed. The request for review must be made within ten (10) working days from the date of the receipt of the written response in Step Two. A copy of the request should also be provided to the department head. The vice president will review the written record and furnish a decision in writing to the employee within twenty (20) working days from the date of receipt of the complaint. A review of the written record is sufficient and no meeting is required. The decision of the vice president, or the vice president’s designee, shall be final in all complaints.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 3-6-85, Formerly 6C1-3.58, Amended 2-9-87, 11-20-90, 7-15-97, 2-11-03, 7-19-05.
6C1-3.059 Finance and Administration; Pay Upon Appointment and Probationary Status After Promotion; University Support Personnel System Employees.
(1) Current university employees who have attained permanent status in any class may apply for a promotion, demotion, or reassignment by submitting a current employee Promotion/Reassignment/Demotion Application, Form DHR-PRD-02 Revised 2/ 04, incorporated herein by reference and which can be obtained from the Central Employment Center in Division of Human Resources, 4th Floor Stadium, Post Office Box 115002, Gainesville, Florida 32611.
(2) A University employee making such application will be treated according to current University of Florida rules. Upon the employee’s acceptance of a promotion, demotion, or reassignment, all other pending requests will be cancelled. New requests for promotion or reassignment to position(s) outside the college, division, or department of current assignment will not be accepted for a period of six (6) months or, with respect to promotion, until permanent status in the new class has been attained, whichever date is later. Additionally, employees occupying positions covered by collective bargaining agreements will be treated in accordance with any specific provision of the applicable current contract related to such actions.
(3) Advanced appointment rates for original promotion, reassignment, and demotion appointments.
(a) A USPS applicant who receives a regular appointment to a USPS position must be paid the minimum of the pay grade for the class to which the applicant is appointed. A salary at a rate of pay which exceeds the minimum can be authorized, provided adequate funds are available if the applicant possesses exceptional qualifications or the department can demonstrate an inability to recruit other acceptable applicants.
(b) When a university employee receives a regular promotional appointment in the USPS, the employee must be paid at the minimum of the pay grade for the class to which he or she is appointed. A promotional salary increase which exceeds the minimum can be authorized provided adequate funds are available and the unit’s budgetary officer has approved the increase before any commitment to the employee is made regarding salary adjustment.
(c) If an employee is demoted prior to achieving permanent status in any class, the employee’s salary in the lower class is determined in the same manner as an original appointment to the lower class.
1. If an employee who holds permanent status in the USPS is demoted following promotion to a class in which permanent status has not been obtained, the employee’s pay should be reduced to their former rate of pay for the class in which the employee last held permanent status, plus any scheduled salary adjustment the employee would have received in the lower classification.
2. A USPS employee who is demoted after achieving permanent status shall receive pay commensurate with the responsibilities assigned. The employee’s pay shall remain unchanged or decreased depending upon the employment needs of the department or unit, but not below the minimum of the pay range.
(d) A USPS employee who reassigns to a position with the same paygrade shall receive pay commensurate with the responsibilities assigned. The employee’s pay shall remain unchanged or decreased depending upon the employment needs of the department or unit, but not below the minimum of the pay range.
(4) Probationary Status After Promotion.
(a) A permanent USPS employee who is promoted and fails to perform satisfactorily in the new position shall be notified in writing as soon as possible that his or her work performance is unsatisfactory and that he or she will not attain permanent status in the class. The receiving department shall provide the employee with 90 days to seek a vacant position in a class where permanent status has been obtained previously or in another position for which the employee qualifies.
(b) Should the employee be unsuccessful in securing another position by the expiration of the 90-day period, or if the employee refuses an offer of employment, the employee may resign or action will be initiated to effect the dismissal of the employee for just cause.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 4-27-88, Amended 12-27-90, 7-1-96, 6-28-98, 10-31-99, 5-22-01, 3-2-03, 5-30-04.
6C1-3.061 Finance and Administration; Personnel Policy for Technical, Executive, Administrative, and Managerial Support Staff; Recruitment and Selection.
(1) General Information.
(a) The Division of Human Resources (DHR) is responsible for recruitment, examination, screening and selection for referral of all applicants for positions in Technical, Executive, Administrative, and Managerial Support (TEAMS). DHR is also responsible for approval of subsequent appointments, reassignments, promotions, and demotions.
(b) The application processing function is the responsibility of the Central Employment Center (CEC) of DHR. The authority to hire an applicant referred by the CEC is vested in the department or unit having the vacancy. The CEC shall make available to department interviewers only those applicants who appear to meet the minimum qualifications for a class vacancy and any special qualifications specific to the vacant position as outlined by the hiring department. Educational qualifications, work experience, and references must be verified prior to extending a job offer. The CEC has the specific authority to reject appointment recommendations for applicants who are not qualified or who have not been referred according to the stated procedures. The CEC will not refer current TEAMS employees with below performance standards ratings in effect without the recommendation of the Dean or Director. Should the below performance standards rating be replaced with either achieves or an exceeds rating, the employee again may become a candidate for another position.
(c) Former employees will apply to and be processed by CEC in the same manner as new applicants. Former employees terminated because of unsatisfactory performance, job abandonment, or misconduct are not eligible to be rehired. A former employee not eligible for rehire can request in writing a review by DHR of the applicant’s eligibility. The decision of DHR of any review will be final and no other appeal is available.
(2) Recruitment and Selection. The CEC shall be responsible for coordinating the recruitment activities for all TEAMS position vacancies.
(a) Announcing Vacant Positions.
1. The CEC will establish job vacancy announcements and distribute these listings to reach as diverse an applicant group as possible in accordance with the University’s Equal Employment Opportunity guidelines pursuant to Rule 6C1-1.0061, F.A.C.
2. The CEC will assist department representatives in placing advertisements. The cost of such advertisements will be approved by the hiring department before the ads are authorized to be placed and will be paid by the hiring department. CEC will make reasonable efforts to place the ads in the most cost effective manner.
3. TEAMS position vacancies will be announced for a minimum of seven (7) calendar days with the following exceptions:
a. Open posting positions, emergency and temporary vacancy appointments.
b. Positions filled by an employee laid off, demoted, or reassigned.
Positions qualify for open posting by CEC when there is a continual need for qualified applicants in a specific class and when there is a history of difficulty in attracting qualified applicants to position vacancies at the University due to labor market conditions. When such conditions exist, the University shall accept applications and applicants shall be placed in vacancies at any time without regard to the length of time a specific vacancy has existed or the date the application was received.
(b) Application Procedures.
1. An application for an exempt TEAMS position shall consist of a current resume or vitae and a cover letter outlining the applicant’s interest in a specific position vacancy. Qualified applicants’ resumes will be forwarded by the CEC for review by the hiring authority.
2. An application for a specific non-exempt TEAMS position vacancy shall consist of an employment application entitled “TEAMS Non-Exempt Employment Application,” Form DHR-TEAMS-02, Rev. 10/02, incorporated herein by reference, developed and maintained by the CEC and may be obtained from CEC, 4th Floor Stadium, Post Office Box 115002, Gainesville, Florida 32611. Using established electronic processes, applicants who appear to meet eligibility requirements will be referred to the department for electronic review of credentials.
(c) Eligibility Determination.
1. The University of Florida TEAMS class specifications will be used to establish the minimum requirements for position vacancies. Applicant eligibility will be determined from information contained on employment applications. Applicants must meet the minimum requirements of a position unless a waiver has been requested and approved by the Director of the Division of Human Resources. Waivers must be approved before any interview of an applicant who does not appear to meet the minimum requirements may be conducted. The applicant must have education, training, and experience deemed to be equivalent and appropriate for a waiver to be approved. The applicant must also meet any bona-fide occupational requirements or special qualifications established for the position by the hiring authority.
2. Applicant consideration will be discontinued when it is determined that the applicant does not meet the minimum requirements, has falsified or failed to complete an application accurately, has an unsatisfactory employment record, has a criminal history related to the position for which the applicant has applied, or which may jeopardize the safety of students, faculty, staff, or the safekeeping of confidential records and university accounts.
(d) Selection and Offers of Employment. Each department is responsible for making offers of employment to those applicants who best meet their recruiting needs as long as the selection process complies with the established recruitment process.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(19), 1001.75(3) FS. History–New 3-2-03.
6C1-3.062 Finance and Administration; General Personnel Policy for Technical, Executive, Administrative, and Managerial Support and University Support Personnel System Employees.
General Information.
(1) University of Florida rules delineate the employment relationship between Technical, Administrative, and Managerial Support (TEAMS) and University Support Personnel System (USPS) staff members and the University of Florida. These rules describe certain rights, benefits and expectations that encourage professionalism, service, and contribution. Management retains all other rights and prerogatives in order to manage the University so that it may attain its mission.
(2) It is the policy of the University of Florida to make all appointments and promotions on the basis of merit and fitness and to provide equitable treatment regarding wages and salaries, employee benefits, hours and working conditions for all employees.
(3) In determining qualifications, it is recognized that the University is an Equal Opportunity Employer. It accepts its obligation as a member of the community at large to exercise a positive program of non-discrimination in accordnce with Rule 6C1-1.006, F.A.C., in all areas of employment-recruitment, hiring, training, assigning, promoting, use of facilities, and privileges. The cooperation of all administrative officers and other employees is expected and necessary in implementing this policy.
(4) The University of Florida Board of Trustees prescribes personnel rules for all University of Florida TEAMS, USPS and Other Personnel Services (OPS) employees. All rules and policies or procedures arising from these University-wide rules shall be consistent with the relevant provisions of Federal and State law and the Constitution of the United States of America and the State of Florida.
(5) The President of the University, shall be responsible and accountable for administering the human resources programs. The President is authorized to delegate such responsibilities through University of Florida rules, written delegations, and the University of Florida Statement of Organization and Operation.
(6) The President or designee shall establish and maintain all policies, procedures, and records which are necessary to substantiate compliance with all laws and rules relating to employment.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(19) FS. History–New 1-7-03, Amended 5-30-04.
6C1-3.070 Finance and Administration; Construction; Acquisition of Professional and Design/Build Services.
(1) Professional Services.
(a) Professional Qualifications Statement. The University uses a standard professional qualifications statement, Professional Qualifications Supplement Form PQS-AE 001, Revised June 26, 2002, incorporated herein by reference, when acquiring professional services, including professional services procured under continuing contracts, which must be competitively procured in accordance with Section 287.055, F.S. The Professional Qualifications Supplement Form can be obtained from the Office of Facilities Planning and Construction, 232 Stadium, University of Florida. If there are special requirements for a project, the University will evaluate additional criteria to determine whether the applicants possess the expertise and experience necessary to perform the services being procured.
(b) Compensation. The compensation paid for professional services shall be fair, competitive and reasonable. To determine a fair, competitive and reasonable compensation, compensation shall be negotiated based on the University’s approved fee schedule, if appropriate for the type of professional services being procured, the level of complexity and the scope of the services required, and the type of the project.
(c) For purposes of this rule and all other University construction rules, professional services and continuing contracts shall have the meanings set forth in Section 287.055(2), F.S.
(2) Design/Build Services. Selection Process. Design-build services which must be competitively procured in accordance with Section 287.055, F.S., shall be acquired through a competitive proposal selection process or through a qualifications-based selection process.
(a) When using a qualifications-based selection process, the University shall use a standard professional qualifications statement, Professional Qualification Supplement Form PQS-AE 001, Revised June 26, 2002, incorporated herein by reference. The standard professional qualifications statement can be obtained from the Office of Facilities Planning and Construction, 232 Stadium, University of Florida.
(b) When using a proposal-based selection process, the University shall request formal design-build proposals and conduct interviews with no fewer than three (3) and no more than six (6) applicants. Applicants may submit their design-build proposals in such a way as to maintain their anonymity.
Specific Authority 1001.74(4) FS. Law Implemented 287.055, 1001.74(28), 1001.75(5), 1013.45 FS. History–New 6-3-03.
6C1-3.071 Finance and Administration; Construction; Acquisition of Construction Management Services.
(1) Professional Qualifications Statement. The University uses a standard qualifications statement, Construction Manager Qualifications Supplement Form QS-CM 001, Revised June 26, 2002, incorporated herein by reference, when acquiring construction management services, including construction management services procured under continuing contracts, which must be competitively procured in accordance with Section 287.055, F.S. The Construction Manager Qualifications Supplement form can be obtained from the Office of Facilities Planning and Construction, 232 Stadium, University of Florida. If there are special requirements for a project, the University will evaluate additional criteria to determine whether the applicants possess the expertise and experience necessary to perform the services being procured.
(2) Compensation. The compensation paid shall be fair, competitive and reasonable, to provide for profit, overhead, and direct management costs plus actual costs, not to exceed a guaranteed maximum price, as applicable, depending on the nature and extent of the construction management services being provided.
Specific Authority 1001.74(4) FS. Law Implemented 287.055, 1001.74(28), 1001.75(5), 1013.45 FS. History–New 6-3-03.
6C1-3.072 Finance and Administration; Construction; Construction Contract Bidding and Award (Contractor).
(1) In order to be eligible to submit a bid proposal, a firm must, at the time of the University’s receipt of bids:
(a) Hold the required applicable state contractor license in good standing when the project falls within the provisions of Chapter 489, F.S.;
(b) If a corporation, limited liability company, partnership or other legal entity, be legally constituted and in good standing in the State of Florida or, if not domiciled in Florida, hold a current and active foreign qualification authorization to do business in the State of Florida;
(c) Not be disqualified at the time of bid submittal through the disqualification procedures described in Rule 6C1-3.074, F.A.C.;
(d) Meet any special pre-qualification requirements set forth in the bid documents;
(e) Not have been convicted of a public entity crime within thirty-six (36) months prior to the date for receipt of bids; and
(2) Prequalification.
(a) On construction projects with special requirements, the University will require that a firm meet special pre-qualification requirements or conditions in the bid documents.
(b) On construction projects that require a contractor with specific expertise and experience, a firm must also meet any additional pre-qualification criteria required by the University relating to such matters as demonstrated performance of similar work of similar size and complexity, experience and qualifications of proposed staff and the possession or availability of facilities or equipment needed in the performance of the work.
(c) The deadline for the submittal of prequalification data shall be the same as the deadline for the submission of bids, unless the University determines it is necessary for such prequalification data to be submitted on a date earlier than the deadline for submission of bids. In those instances, bids will only be accepted from those potential bidders who have pre-qualified in accordance with this section and the terms of the bidding documents.
(3) Within seven (7) calendar days following the bid opening date, the lowest responsible and responsive bidder, as determined by the University, must also provide:
(a) Proof of satisfaction with the foregoing requirements;
(b) A letter of intent from a surety company which meets the standards set forth in the project specifications; and
(c) Proof of insurance which equals or exceeds the insurance required for the project.
In the event the lowest responsible and responsive bidder is unable to provide any of the above documentation, such bidder shall be declared unqualified and the bid shall be awarded to the next lowest responsible and responsive bidder.
(4) Except for informalities which under the law the President is allowed to waive, a bid which is incomplete or not in conformance with the requirements of the bid documents shall be determined to be non-responsive and shall be rejected. The bid shall be awarded to the firm determined to be responsible and qualified in accordance with the bid documents and which submits the lowest priced proposal for the work.
(5) If it is in the best interest of the University, all bids may be rejected and the project may be bid again.
(6) In documented cases of emergency, the requirements of this rule can be waived and the President or President’s designee can permit negotiation with a qualified firm.
(7) When it is determined to be in the best interest of the University to reduce the price of the lowest responsible and responsive bidder to provide for an award within or closer to the construction budget, the President or designee shall negotiate the construction contract, including the specifications, with that bidder. Negotiations may be terminated and all bids may be rejected at any point in the negotiation process. The award of a negotiated contract will be made by the President.
(8) During the procurement process, the University shall also follow, when applicable, the provisions contained in Rule 6C1-3.020, F.A.C.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(5), (28), 1001.75(5), 1013.45 FS. History–New 6-3-03, Amended 7-19-05.
6C1-3.073 Finance and Administration; Construction; Bid Protests (Contractor Only).
(1) A contractor filing a protest pursuant to Section 120.57(3)(b), F.S., shall post a bond in an amount equal to:
(a) Twenty-five thousand dollars ($25,000.00) or two percent (2%) of the lowest accepted bid, whichever is greater, for projects valued over $500,000.00; and
(b) Five percent (5%) of the lowest accepted bid for all other projects.
(2) The bond shall be conditioned upon payment of all costs and fees which may be adjudged against the protestor in the administrative hearing. The bond must be filed no later than the time of filing of the formal protest. Failure of the protesting contractor to file the required bond within the time set forth herein shall result in an automatic dismissal of the protest.
Specific Authority 1001.74(4) FS. Law Implemented 255.0516, 1001.74(28), 1013.45 FS. History–New 6-3-03.
6C1-3.074 Finance and Administration; Construction; Evaluations of Professional Service Providers (Including Architects and Engineers), Design/Builders, Construction Managers and Contractors; Disqualification Procedure.
(1) For purposes of this rule, major project means a project the construction cost of which is in excess of One Million and No/ 100 Dollars ($1,000,000.00) and minor project means a project the construction cost of which is One Million and No/100 Dollars ($1,000,000.00) or less.
(2) Professional service providers under contract for a major project or a minor project which is not under a continuing contract will be evaluated by the University on a project by project basis, (a) two times per calendar year, in March and September, during the contract term, (b) upon completion of a project, and (c) at anytime the University determines there has been a material change in the quality of the firm’s performance occurring during the contract term. Professional service providers under continuing contracts with the University will be evaluated by the University on all projects performed during the contract term. These evaluations will occur (a) two times per calendar year, in March and September, during the contract term, and (b) at anytime the University determines there has been a material change in the quality of performance during the contract term. In conducting these evaluations, the University will utilize the Architect/Engineer Evaluation Form AEE 001, Revised January 22, 2003, incorporated herein by reference. The Architect/Engineer Evaluation form can be obtained from the Office of Facilities Planning and Construction, 232 Stadium, University of Florida. If, when procuring professional services, the University, in accordance with Rule 6C1-3.070, F.A.C., considered any additional criteria not set forth in the University’s standard form professional qualifications statement, the University shall also evaluate the professional service provider’s performance in those areas.
(3) Construction managers under contract for a major project or a minor project which is not a continuing contract will be evaluated by the University on the schedule set forth in subsection (2) above for evaluating firms and individuals providing professional services on major projects and minor projects which are not continuing contracts. Construction managers under continuing contracts will be evaluated by the University on the schedule set forth in subsection (2) above for evaluating firms and individuals providing professional services under continuing contracts. In conducting evaluations of construction managers, the University will utilize the Construction Manager Evaluation Form CME 001, Revised January 23, 2003, incorporated herein by reference. The Construction Manager Evaluation form can be obtained from the Office of Facilities Planning and Construction, 232 Stadium, University of Florida.
(4) Design/Builders under contract for a major project or a minor project which is not a continuing contract will be evaluated by the University on the schedule set forth in subsection (2) above for evaluating firms and individuals providing professional services on major projects and minor projects which are not continuing contracts. Design/Builders under continuing contracts will be evaluated by the University on the schedule set forth in subsection (2) above for evaluating firms and individuals providing professional services under continuing contracts. In conducting evaluations of design/builders, the University will utilize the applicable portions of the evaluation forms used in evaluating providers of professional services and in evaluating construction managers.
(5) Contractors under contract with the University to provide either major or minor projects will be evaluated by the University on the schedule set forth in subsection (2) for evaluating firms and individuals providing professional services under contract for major projects or minor projects which are not under continuing contracts. In conducting evaluations of general contractors, the University will consider all known instances of poor or inadequate performance, deficient management resulting in project delay, poor quality workmanship, and late payments to laborers, subcontractors and suppliers with whom the contractor has a direct contract and where there is no bona fide contract dispute between the contractor and such laborers, subcontractors and suppliers.
(6) In order to be evaluated, a firm must have been under contract for at least two (2) months at the time of the evaluation.
(7) Firms will be provided with a copy of each completed evaluation form and may appeal the evaluation in accordance with Chapter 120, F.S.
(8) The University may utilize the information gathered in its evaluation to evaluate a firm’s qualifications to provide services on future University construction projects and to decide whether a firm should be disqualified from providing services at the University in the future.
(9) If the University determines, whether through the evaluation process or otherwise, that any of the firms or individuals providing professional services, construction managers or contractors that it has engaged to perform professional or construction services are not providing satisfactory service to the University, the President or President’s designee will carefully review all facts and circumstances surrounding such unsatisfactory service and determine whether there is sufficient cause to warrant disqualification from participation on future University projects. Without limitation of the foregoing, legal action between the University and the firm or individual providing professional services, the construction manager or the contractor relating to services or work performed by the firm or individual providing professional services, construction manager or the contractor which has commenced or is imminent shall constitute automatic grounds to entitle the President to disqualify the firm from performing future services at the University or to temporarily suspend the firm or individual’s right to perform future services at the University. The disqualification shall continue until the University is satisfied that the services of such firm or individual providing professional services, the construction manager or the contractor will be, at least, satisfactory to the University. The President or designee shall so notify the firm or individual providing professional services, the construction manager or the contractor of the disqualification. The notice shall set forth specifically the grounds for disqualification and the right of the disqualified firm or individual providing professional services, construction manager or contractor to request a hearing in accordance with Chapter 120, F.S.
Specific Authority 1001.74(4) FS. Law Implemented 287.055, 1001.74(28), 1001.75(5), 1013.45 FS. History–New 6-3-03.
6C1-3.075 Finance and Administration; Construction; Procedures for Payment under Unbonded Construction Projects.
(1) On all construction projects where a performance and payment bond is not required to be provided, the following procedures shall be followed to ensure that laborers, materialmen and subcontractors performing work on University projects receive the payments due to them from the contractor:
(a) The contractor, before beginning work or within two workdays thereafter, shall post in a conspicuous place on the project site the following notice:
“Notice is hereby made to all those concerned and affected that ________ (Contractor’s Name) is performing ________
(Project Name), _____ (Project Number) at ___________________ (Location). All parties furnishing labor and/or
materials to said project are to provide such writing by certified mail to the University within twenty days of
first providing such labor and/or materials. Send notices to _______________________ (Address of Facilities Office).”
(b) Parties furnishing labor and/or materials on University projects should provide written notice of the same to the University by certified mail within twenty days of first providing such labor and/or materials. Notice should be sent to the facilities office whose address is provided in the project site notice.
(c) In each pay request submitted by the contractor to the University, the contractor shall certify that all items and amounts shown on the face of the pay request are correct and that all just and lawful bills against contractor and his subcontractors for labor, materials, and equipment employed in the performance of the work have been paid in full in accordance with their terms and conditions.
(d) Throughout the project, the University will retain an amount equal to ten percent (10%) of the amount of each pay request submitted by the contractor and approved by the University. In the event of payment default by the contractor, such retainage shall be utilized to pay claims as described in subsection (2) hereof.
(e) The University will not pay the retainage to the contractor until all of the following, in addition to any other requirements of the contract, have occurred:
1. The project architect/engineer or other person designated by the University for that purpose has issued a written certificate that the project has been constructed in accordance with the approved plans, specifications and approved change orders;
2. The University has accepted the project; and
3. The contractor has supplied the University with written, signed and sealed statements which identify the project name and number and which state no claims against the contractor (final release of lien) from all laborers, materialmen, and subcontractors, as defined in Section 713.01, F.S., who have provided written notice to the University that they have provided labor or materials on the project or have notified the University of non-payment by the contractor.
(2) In case of default in payment by the contractor, the laborer, materialmen, and subcontractors, as defined in Section 713.01, F.S., making claims for unpaid bills, will be paid from the ten percent (10%) retainage on a pro rata basis. To determine a claimant’s pro rata share, the sum of all claims made will be divided into each individual claim thereby deriving a percentage value for each claim. Then, the total retainage for the project will be multiplied by the claim’s percentage value and the resulting quotient shall be the pro rata share of the retainage to be paid to a claimant, not to exceed the amount of the claim.
(3) Failure to file written notice with the University in the manner provided in paragraph (1)(b) or in the event of a payment default by the contractor no later than thirty (30) days after substantial completion of the project shall constitute a waiver of any rights in the ten percent (10%) retainage.
(4) The University shall not be liable to any laborer, materialman, or subcontractor for any amounts greater than the pro rata share as determined under subsection (2)
(5) All contractors shall pay the undisputed amounts owed for labor and/or materials to all laborers, materialmen and subcontractors within the time provided in Section 255.071, F.S.
(6) For purposes of this rule, “contractor” shall have the same meaning as ascribed thereto in Section 713.01, F.S.
Specific Authority 1004.74(4) FS. Law Implemented 255.05, 1013.47, 1013.50 FS. History–New 12-31-03.
6C1-3.076 Finance and Administration; Construction; Procedures to Contract for Construction Service.
(1) The University may employ, without limitation, the following procedures when contracting for construction services:
(a) Competitive bids;
(b) Best Value bids;
(c) Design-build;
(d) Construction management;
(e) Program management; and
(f) Day-labor contracts not exceeding $200,000.
(2) For purposes hereof, “best value” means awarding the bid to the firm determined to possess the best combination of price and qualifications. The quotient obtained by dividing each firm’s bid amount by the score it receives from an evaluation committee for its qualifications represents the best combination of price and qualifications, with the project being awarded to the firm with the lowest score.
Specific Authority 1001.74(4) FS. Law Implemented 1001.74(4), (5), 1001.75(5), 1013.45 FS. History–New 7-19-05.
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