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Florida Statute 447.205 - Full Text and Legal Analysis
Florida Statute 447.205 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXI
LABOR
Chapter 447
LABOR ORGANIZATIONS
View Entire Chapter
447.205 Public Employees Relations Commission.
(1) The Public Employees Relations Commission, hereinafter referred to as the “commission,” shall be composed of a chair and two part-time members to be appointed by the Governor, subject to confirmation by the Senate, from persons representative of the public and known for their objective and independent judgment, who shall not be employed by, or hold any commission with, any governmental unit in the state or any employee organization, as defined in this part, while in such office. In no event shall more than one appointee be a person who, on account of previous vocation, employment, or affiliation, is, or has been, classified as a representative of employers; and in no event shall more than one such appointee be a person who, on account of previous vocation, employment, or affiliation, is, or has been, classified as a representative of employees or employee organizations. The chair of the commission shall devote full time to commission duties and shall not engage in any other business, vocation, or employment while in such office. The part-time members shall not engage in any business, vocation, or employment that conflicts with their duties while in such office. Beginning January 1, 1980, the chair shall be appointed for a term of 4 years, one commissioner for a term of 1 year, and one commissioner for a term of 2 years. Thereafter, every term of office shall be for 4 years; and each term of the office of chair shall commence on January 1 of the second year following each regularly scheduled general election at which a Governor is elected to a full term of office. In the event of a vacancy prior to the expiration of a term of office, an appointment shall be made for the unexpired term of that office. The chair shall be responsible for the administrative functions of the commission and shall have the authority to employ such personnel as may be necessary to carry out the provisions of this part. Once appointed to the office of chair, the chair shall serve as chair for the duration of the term of office of chair. Nothing contained herein prohibits a chair or commissioner from serving multiple terms.
(2) The chair and the other commissioners shall be paid annual salaries to be fixed by law. Such salaries shall be paid in equal monthly installments. All commissioners shall be reimbursed for expenses, as provided in s. 112.061.
(3) The commission, in the performance of its powers and duties under this part, shall not be subject to control, supervision, or direction by the Department of Management Services.
(4) The property, personnel, and appropriations related to the commission’s specified authority, powers, duties, and responsibilities shall be provided to the commission by the Department of Management Services.
(5) The commission shall make such expenditures, including expenditures for personal services and rent at the seat of government and elsewhere, for law books, books of reference, periodicals, furniture, equipment, and supplies, and for printing and binding, as may be necessary in exercising its authority and powers and carrying out its duties and responsibilities. All such expenditures of the commission shall be allowed and paid upon the presentation of itemized vouchers therefor approved by the chair.
(6) The commission may, in its discretion, charge for publications, subscriptions, and copies of records and documents. Such funds shall be deposited in a trust fund to be established by the commission and shall be used to help defray the cost of providing such publications, subscriptions, and copies of records and documents.
(7) The commission shall maintain and keep open during reasonable business hours an office, which shall be provided in the Capitol Center for the transaction of its business, at which its official records and papers shall be kept. The commission may hold sessions and conduct hearings at any place within the state.
(8) The commission shall have a seal for authentication of its orders and proceedings, upon which shall be inscribed the words “State of FloridaEmployees Relations Commissionand which shall be judicially noticed.
(9) The commission is expressly authorized to provide by rule for, and to destroy, obsolete records of the commission.
(10) The deliberations of the commission in any proceeding before it are closed and exempt from the provisions of s. 286.011. However, any hearing held or oral argument heard by the commission pursuant to chapter 120 or this chapter shall be open to the public. All draft orders developed in preparation for, or preliminary to, the issuance of a final written order are confidential and exempt from the provisions of s. 119.07(1).
(11) Any hearing held under this chapter shall be conducted according to the provisions of ss. 120.569 and 120.57 by the commission, a member of the commission, or a hearing officer designated by the commission who is an employee of the commission and a member of The Florida Bar.
(12) The commission may appoint an employee as elections supervisor to conduct elections in accordance with this chapter.
History.s. 3, ch. 74-100; s. 7, ch. 77-343; s. 40, ch. 79-7; s. 1, ch. 79-85; s. 189, ch. 79-400; s. 2, ch. 84-228; s. 1, ch. 91-151; s. 15, ch. 91-269; s. 299, ch. 96-406; s. 201, ch. 96-410; s. 1073, ch. 97-103; s. 36, ch. 2001-43; s. 1, ch. 2011-57.

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Amendments to 447.205


Annotations, Discussions, Cases:

Cases Citing Statute 447.205

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Maxwell v. Sch. Bd. of Broward Cnty., 330 So. 2d 177 (Fla. 4th DCA 1976).

Cited 15 times | Published | Florida 4th District Court of Appeal | 92 L.R.R.M. (BNA) 2553, 1976 Fla. App. LEXIS 14956

...and not "labor matters" within the framework of Part II, Chapter 447, Florida Statutes. In 1974 the legislature enacted Chapter 74-100 (creating Part II, Chap. 447, F.S.) which among other things established a Public Employees Relations Commission (Section 447.205, F.S.; see also sections 447.201-447.607, F.S.) The subject legislation was a culmination of efforts to establish standards and guidelines governing collective bargaining by public employees in order to implement the rights guaranteed to public employees under sec....
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United Fac. of Fla., Etc. v. Branson, 350 So. 2d 489 (Fla. 1st DCA 1977).

Cited 8 times | Published | Florida 1st District Court of Appeal | 96 L.R.R.M. (BNA) 2948

...Petitioners attack Chairman Mack's order on the substantive grounds later addressed to the June 22, 1976 order of the full Commission in Case DD-410, and on the additional ground that Chairman Mack was disqualified to be chairman of PERC because he was otherwise employed by the State. Section 447.205(1), Florida Statutes (1975)....
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Just. Coalition v. FIRST DCA JNC, 823 So. 2d 185 (Fla. 1st DCA 2002).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2002 WL 1562223

...(allowing jurors to take confidential notes during civil actions likely to exceed 5 days for later use during deliberations); § 380.05, Fla. Stat. (describing specific factors and data to be considered by Legislature during its deliberations regarding state land planning); § 447.205, Fla....
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Florida Pharmacy Ass'n v. Cook, 17 F. Supp. 2d 1293 (N.D. Fla. 1998).

Cited 1 times | Published | District Court, N.D. Florida | 1998 U.S. Dist. LEXIS 19057, 1998 WL 601108

...extent as care is available to the general population in the geographic area, and thus violates 42 U.S.C. § 1396a(a)(30)(A). Fourth, plaintiffs assert the state failed to give public notice of the proposed change as allegedly required by 42 C.F.R. § 447.205....
...care and services are available to medicaid patients to the same extent as to the general population in the same geographic areas. [11] VII. THE STATE'S ALLEGED FAILURE TO GIVE NOTICE Plaintiffs next assert the state failed to comply with 42 C.F.R. § 447.205, which requires a state to "provide public notice of any significant proposed change in its methods and standards for setting payment rates for services." Plaintiffs cannot prevail on this claim for at least two reasons....
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Miami Beach v. Pub. Employees Relations, 937 So. 2d 226 (Fla. 3d DCA 2006).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 14710, 2006 WL 2520919

...ion of the subject by the junior legislative body would present a danger of conflict with that pervasive regulatory scheme. As a statutorily established entity, the Public Employees Relations Commission is a "junior body" to the Florida legislature. § 447.205(1), Fla....
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City of Hollywood v. Pub. Employees Relations Comm'n, 432 So. 2d 79 (Fla. 3d DCA 1983).

Published | Florida 3rd District Court of Appeal | 1983 Fla. App. LEXIS 19919

the Commission to adopt rules is found in Section 447.205, Florida Statutes (1981), which provides for

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