Fla. Admin. Code Ann. R. 61B-80.124 - Department Fee

(1) The department fee will be an amount adequate to cover all costs and expenses incurred by the department in conducting an arbitration proceeding pursuant to Section 720.311, F.S.

(2) The fee shall be the sum of the following costs:

(a) The sum of the "Labor Cost" for all employees who perform work on the case. The "Labor Cost" for an employee shall be calculated as follows: [(P x 1.35)/W] x H. Where P = the biweekly pay of the lowest pay grade for the employee's position title; 1.35 is a multiplier that takes into account the cost of pay and benefits for an employee; W = the biweekly contract hours for the employee; and H = hours directly related to the arbitration proceeding worked by the employee.

(b) The cost a contractor charges the department for any work directly related to the arbitration proceeding.

(c) Other proceeding costs directly related to the proceeding. For example direct costs include, but are not limited to, travel, long distance charges and photocopy expenses.

(3) If the arbitration proceeding involves an election dispute, petitioner and respondent shall be charged an equal share of the department's fee. Where the arbitration dispute involves a recall dispute, only the association shall be charged the department's fee.

(4) The department will send the party or parties an invoice for the department's fee. The petitioner and respondent shall pay the fee within thirty days of the date of the invoice. The department's acceptance of less than full payment by a party shall not be considered a waiver of its right to the full amount of the fee. The department's acceptance of the payment by one party does not relieve the other party or parties from payment of their share of the fee.

(5) The department shall have the right to collect any unpaid fee to the fullest extent permitted by the laws of this state.

Notes

Fla. Admin. Code Ann. R. 61B-80.124

Rulemaking Authority 720.311(1) FS. Law Implemented 720.311(1) FS.

New 12-10-09.

New 12-10-09.