UNIVERSITY OF SOUTH FLORIDA COLLEGE OF MEDICINE FACULTY ASSOCIATION, PETITIONER,
v.
PUBLIC EMPLOYEES RELATIONS COMMISSION ET AL., RESPONDENTS
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The Court of Appeal ordered the Public Employees Relations Commission (PERC) to prepare and transmit the record on review, establishing procedures for record preparation in PERC cases absent prior Supreme Court rules.
The Public Employees Relations Commission has the responsibility to prepare the record on review, and the Court established procedures for record preparation including options for original record or transcript of record formats.
[1] The Public Employees Relations Commission has the responsibility to prepare the record for review.
[2] In the absence of a specific rule, the Public Employees Relations Commission may transmit the original record or a certified copy of the record for review.
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Join FLexlaw to unlock all legal intelligence“It is the Public Employees Relations Commission's responsibility to prepare the record for review.”
Establishes the core holding that PERC, not the petitioner, must prepare the record
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Join FLexlaw to unlock all legal intelligenceThe University of South Florida College of Medicine Faculty Association petitioned for review and directed PERC to prepare, certify, and transmit the …
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MILLS, Judge.
Petitioner filed its directions to Public Employees Relations Commission to prepare, certify and transmit the record on review to this Court. Public Employees Relations Commission refused to comply. Public Employees Relations Commission contends that it is petitioner’s responsibility to prepare the record. Petitioner now moves for an order directing Public Employees Relations Commission to prepare the record. We grant petitioner’s motion on authority of our decision in Pasco County School Board v. Public Employees Relations Commission, 336 So. 2d 483, opinion filed August 23, 1976.
It is the Public Employees Relations Commission’s responsibility to prepare the record for review. Pasco County School Board v. Public Employees Relations Commission, supra. In the absence of a rule prescribing the method of preparation, and until the Supreme Court of Florida has adopted a rule, we suggest that the record be prepared in one of the following manners:
1. Original Record. Public Employees Relations Commission shall transmit all of the designated portions of the original papers and exhibits in the proceeding in which the review is taken, together with a copy of any such parts of the proceedings as were stenographieally reported and have been designated by the parties and certified by the reporter for inclusion in the record on review, and certified copies of the order, of which review is sought.
2. Transcript of Record. If the parties shall so stipulate or if the Commission is of the opinion, that the original papers in the case should be kept in the Commission pending the review for use in other proceedings or for other valid reason, the Commission may make an order to that effect, and thereupon it shall be the duty of the Commission to transmit to this Court a certified copy of the record.
The cost of preparing the record shall be borne by the party requesting the record and shall not exceed the cost which a clerk of a circuit court may charge for preparation of a record on appeal in accordance with the Florida Appellate Rules.
Public Employees Relations Commission shall have thirty days from the date of this order within which to prepare and transmit the record on review to this Court. Petitioner shall have thirty days after the date the record on review is filed with this Court to file and serve its brief in support of its petition on review.
McCORD, Acting C. J., and SMITH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Robert Mick, D.D.S. v. Fla. State Bd. OF Dentistry, 338 So. 2d 1297 (Fla. 1st DCA 1976)…Local 1464 v. Public Employees Relations Commission, and the City of Tampa, Florida, Fla.App. 1976, 338 So. 2d 1285; University of South Florida College of Medicine Faculty Association v. Public Employees Relations Commission, et al., Fla.App. 1976, 338 So. 2d 1286 and City of Panama City, Florida v. Public Employees, Relations Commission, et al., Fla.App. 1976, 338 So. 2d 1284.) Although said cases sought review of actions involving the Public Employees Relations Commission, we have determined that the proced…
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State of Fla. Dep't OF Env't Reg. v. Manasota-88, Inc., 584 So. 2d 133 (Fla. 1st DCA 1991)…locating the cost of preparing the record on appeal. However, we held in Mick v. Florida State Bd. of Dentistry, 338 So. 2d 1297 (Fla. 1st DCA 1976), and Univ. of South Florida College of Medicine Faculty Assoc. v. Public Employees Relations Comm’n, 338 So. 2d 1286 (Fla. 1st DCA 1976), that an agency may charge the cost of record preparation to the party requesting the record so long as the charge does not exceed that which could be imposed by [*135] a circuit court clerk under section 28.24(4), Florida Statut…
Authorities Cited
- Pasco Cnty. Sch. Bd. v. The Pub. Emps. Relations Comm'n, 336 So. 2d 483 (Fla. 1st DCA 1976)