CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1995 WL 258910
...circumstances that can lead to disciplinary action. In reaching this conclusion, the hearing officer considered the procedures employed by the Commission when it hears an appeal from the dismissal of a permanent career service employee, pursuant to section 447.207(8), Florida Statutes....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1899, 1987 Fla. App. LEXIS 9638
...February of 1985 for use of excessive force against an inmate. He appealed his suspension to the Career Service Commission (whose jurisdiction was assumed during the course of the proceedings by the Public Employees Relations Commission (PERC), see section 447.207(8), Florida Statutes (Supp....
...tive Hearings (DOAH) hearing officer. Nevertheless, this case involves consideration of a recommended order submitted by a hearing officer after a hearing conducted in accordance with chapter 120, see sections
447.503(5)(b), Florida Statutes (1985);
447.207(8) and
447.208(1), Florida Statutes (Supp....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 109 L.R.R.M. (BNA) 3166
...ne units on a case by case basis, taking into consideration the special facets of a particular situation. [3] See the Legislature's declaration of public policy, Section
447.201, Florida Statutes, and powers and duties conferred upon the Commission, Section
447.207, Florida Statutes....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 9 Educ. L. Rep. 767
...Permissible interpretations of a statute must and will be sustained, though other interpretations are possible and may even seem preferable according to some views." PERC has been provided with broad powers of administering Part II of Chapter 447 by Section 447.207, Florida Statutes (1979)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1999 WL 69631
...The present case stems from an attempt by the Department of Corrections (DOC) to terminate Mr. Mathis's employment at DOC. As a career service employee, Mr. Mathis contested the proposed termination by timely filing a notice of appeal with PERC as authorized by section 447.207(8), Florida Statutes (1995)....
...manner and to the same extent as for a contempt committed before the court or commit such person upon the same conditions as if the doing of the forbidden act had occurred with reference to the process or order of, or in the presence of, the court. § 447.207(3), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1988 WL 47244
...He was not represented by an attorney, and such a remedy did not exist at the agency level. Indeed, at the time McLaughlin realized that DNR had reneged on its promise, no agency rules existed to provide McLaughlin with agency review of DNR's action. Section 447.207(8), (9) and (10), Florida Statutes (1987) provides that PERC shall only hear appeals "arising out of any suspension, reduction in pay, transfer, layoff, demotion, or dismissal of any permanent employee in the State Career Service Syst...
CopyCited 4 times | Published | Supreme Court of Florida | 92 L.R.R.M. (BNA) 3458
...NOTES [1] The Commission is a state agency created, among other reasons, to resolve controversies concerning claims for recognition as a bargaining agent for a bargaining unit of public employees. Chapter 74-100, Laws of Florida, appearing as Part II, Chapter 447, Fla. Stat. (1975). See specifically § 447.207(6), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1990 WL 7533
...Although this statute may give DOA authority to regulate both voluntary terminations and involuntary discharges, it is not clear that this statute authorizes DOA to retain appeal jurisdiction over separations that are involuntary. In light of a 1986 amendment to section 447.207(8)(10), Florida Statutes, PERC now has "exclusive administrative review" of actions "arising out of any suspension, reduction in pay, transfer, layoff, demotion, or dismissal of any permanent employee in the State Career Service Syste...
...ny crime involving moral turpitude." §
110.227(1), Fla. Stat. (1987). Thus, it would seem that DOA now can retain jurisdiction of administrative reviews only when the separation does not come within PERC's exclusive jurisdiction of dismissals under section
447.207(8)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1994 WL 681857
...peded the Commission in carrying out its duties under Chapter 447, Part II, to assure a free and fair representation election. Therefore, we will seek enforcement of the witnesses' subpoenas by the circuit court to compel their testimony pursuant to § 447.207(3), Florida Statutes....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1977 Fla. App. LEXIS 16062
...ublic employees. Though we could decide that substantive issue of law, which is properly presented by Seitz' appeal in this case, it is more appropriate that we defer to and await PERC's prior determination of the issue in proper agency proceedings. Section 447.207, Florida Statutes (1975); Maxwell v....
CopyCited 3 times | Published | Supreme Court of Florida
...pre- and post-arbitral standards. [8] We reject the Unions' contention that PERC's deferral policy was unauthorized unless promulgated by formal rule making pursuant to section
120.53, Florida Statutes (1983). We agree with the Commission *554 that section
447.207(6) exempts PERC from the requirement that statements of general applicability "that implements, interprets, or prescribes law or policy" must be promulgated as a rule....
...to defer and that it has consistently applied these standards; the fact that the Commission has promulgated a deferral rule subsequent to the proceedings sub judice does not alter our holding, particularly in view of the legislative pronouncement in section 447.207(6)....
...ve that: (a) The arbitration proceedings were not conducted fairly and regularly, or (b) The dispute was not resolved by the arbitration award, or (c) The result reached by the arbitrator was repugnant to Chapter 447, Part II, FS. Specific Authority 447.207, FS....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1993 WL 128848
...ned in the statute, but generally is deemed to include voluntary termination and discharge. See International Association of Machinists v. State, ex rel. Watson,
153 Fla. 672, 680-81,
15 So.2d 485, 490 (1943); Tomlinson,
558 So.2d at 65. Pursuant to section
447.207(8), Fla....
...ause." Section
110.227(1), Fla. Stat. (1989). This construction also circumvents the statutory provisions that the exclusive jurisdiction for administrative review of a dismissal of a permanent career service employee shall be by appeal to PERC. See §
447.207(8) and (10), Fla....
...[2] Consequently, we are in accord with the reasoning of the second district in Tomlinson, that an involuntary termination from career service is equivalent to a dismissal, which invokes the exclusive administrative appeal jurisdiction of PERC. Section *754 447.207(8), Fla....
...[3] However, because we recognize that earlier decisions touching upon the abandonment rule generally approved the authority of DOA to promulgate such regulation, we certify the following question to the Florida Supreme Court as a question of great public importance: IN VIEW OF THE PROVISIONS OF SECTION 447.207(8) AND (10), FLORIDA STATUTES, DESIGNATING THE PUBLIC EMPLOYEES RELATIONS COMMISSION AS THE ENTITY CHARGED WITH EXCLUSIVE ADMINISTRATIVE REVIEW OF DISMISSALS OF ANY PERMANENT EMPLOYEES IN THE STATE CAREER SERVICE SYSTEM, IS THE DEPART...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 14710, 2006 WL 2520919
...(2005). The actual per page cost to the City for reproduction of the documents requested by Local 3178 in this case, including labor, is materially less than fifteen cents per page. In a quasi-judicial hearing before the Commission conducted pursuant to section
447.207(6) of the Florida Statutes (2005), Local 3178 argued that by charging a fee greater than actual cost, the City violated section
447.203(17), Florida Statutes (2005), which includes among a non-exclusive list of indicia of bad faith ba...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 31 I.E.R. Cas. (BNA) 1009, 2010 Fla. App. LEXIS 18677, 2010 WL 4829816
...Moreover, even if we were to conclude that Migliore left room for an different interpretation of the term "receives" as used in section
112.532(6)(a), we would affirm because the Commission lacked authority to provide Appellant relief for a violation of the LEO Bill of Rights. Section
447.207, Florida Statutes (2009), establishes the Commission's powers and duties....
...In pertinent part, it provides that "[t]he [C]ommission or its designated agent shall hear appeals arising out of any suspension, reduction in pay, demotion, or dismissal of any permanent employee in the State Career Service System in the manner provided in s. 110-227." § 447.207(8), Fla....
...ipline absent a showing that the employee was prejudiced in defending himself in a subsequent de novo career service appeal before the Commission." Id. The Commission's interpretation of its role is consistent with the statutory mandates of sections
447.207 and
110.227. Section
447.207 gives the Commission the authority to hear career service appeals "in the manner provided in s....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...The trial court ruled as follows: "ORDERED AND ADJUDGED that said Motion for Temporary Injunction be and the same is hereby denied and the Motion to Dismiss the Complaint is hereby granted. The Court is of the view that the defendant Commission is authorized, under F.S. 447.207(6) to investigate charges of striking by public employees and that under F.S....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 2726, 1992 WL 51246
...It argues PERC has prejudiced its rights and disrupted the certainty normally attendant to the contract ratification process. We agree. PERC concedes the lack of direct statutory authority to convert the petition, but argues it does not exceed its authority under section 447.207(1) and (6) which, it contends, authorized it to promulgate rule 38D-17.024, and on which it now relies....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 WL 444034, 2014 Fla. App. LEXIS 1421
...Fuqua filed a complaint with PERC alleging that the District failed to afford him veterans’ preference. See §
295.11. PERC appointed a hearing officer who conducted an evidentiary hearing and prepared a recommended order urging dismissal of the complaint. See §
447.207(9)(c), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1994 Fla. App. LEXIS 8671, 1994 WL 483443
...Section
447.208(3)(e), Florida Statutes (1993), authorizes an award for back pay, attorneys fees and costs when the employee prevails in any appeal “relating to demotions, suspensions, or dismissals.” This subsection does not mention or otherwise include “layoffs.” Compare §
447.207(8), Fla.Stats....
...) by characterizing appel-lee’s layoff as a “constructive dismissal.” This is an improper application of the statute and frustrates legislative intent. The legislature recognized the difference between a dismissal and a layoff, as evidenced by section
447.207(8), and chose to exclude layoffs from section
447.208(3)(e)....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2157, 1988 Fla. App. LEXIS 4133, 1988 WL 94265
...ministrative Code, we reverse. Williams, a twenty-one-year career service employee, was dismissed in 1986 from his position as an accountant III on charges that he caused three late payments to vendors. He appealed his dismissal, under provisions of section 447.207(8); Florida Statutes (1985)....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 7587, 1990 WL 146894
...Appellant, William J. Harris, Jr., appeals, pursuant to the provisions of Section 447.-504, Florida Statutes, from a final order of the Public Employees Relations Commission (PERC) denying appellant’s veteran’s preference appeal which he filed pursuant to Section 447.207(9), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2150, 1986 Fla. App. LEXIS 10130
...That view is bolstered by other statutory provisions, such as
447.307(2), which provides: If the public employer refuses to recognize the employee organization, the employee organization may file a petition with the commission for certification as the bargaining agent for a proposed bargaining unit. Further, section
447.207(6) provides: [T]he commission shall resolve questions and controversies concerning claims for recognition as the bargaining agent for a bargaining unit, determine or approve units appropriate for purposes of collective bargaining, expeditiously process charges of unfair labor practices in violation of s....
CopyPublished | Florida 3rd District Court of Appeal | 8 Educ. L. Rep. 898, 1982 Fla. App. LEXIS 22233
petition for declaratory statement1 pursuant to Section
447.207(7), Florida Statutes (1979), and Florida Administrative
CopyPublished | Florida 3rd District Court of Appeal | 38 I.E.R. Cas. (BNA) 700, 2014 Fla. App. LEXIS 8115, 2014 WL 2199805
...ee — rather than a permanent status employee — was clearly erroneous. 4 PERC has jurisdiction to review appeals of permanent status employees in Florida’s career service system who challenge their dismissal from employment. §§
110.227(5)(a);
447.207(8), Fla....
...1st DCA 2007), an appellate court is required to give deference to an agency interpretation of a statute within the agency’s substantive jurisdiction, and will not reverse the agency unless the interpretation is clearly erroneous. See Brown,
969 So.2d at 557 . Pursuant to Section
447.207(8), Florida Statutes, PERC is expressly designated to hear appeals of dismissals of any "permanent employee” in the State Career Service System "in the manner provided in Section
110.227.” Hence, Sections 4 and 5 of House Bill 138...
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
disqualified from employment. AS TO QUESTION 1: Section
447.207(8), F.S., provides that the commission
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
obtaining evidence for appeals filed under section
447.207, Florida Statutes. The statute contains penalty
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 48, 2005 WL 127083
...We agree that the orders of reinstatement and back pay must be reversed. *279 Assuming that Chesnut was appealing his dismissal as career service employee, he would have had 14 calendar days within which to file the appeal with the Commission after receiving notice of the dismissal. See § 447.207(8), Fla....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 1406
...The present case stems from an attempt by the Department of Corrections (DOC) to terminate Mr. Mathis’s employment at DOC. As a career service employee, Mr. Mathis contested the proposed termination by timely filing a notice of appeal with PERC as authorized by section 447.207(8), Florida Statutes (1995)....
...manner and to the same extent as for a contempt committed before the court or commit such person upon the same conditions as if the doing of the forbidden act had occurred with reference to the process or order of, or in the presence of, the court. § 447.207(3), Fla....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 8444, 1994 WL 460724
...FOP Miami Lodge 20,
511 So.2d 549 (Fla.1987), that PERC may order stays or deferrals of statutory proceedings in furtherance of its mandate to give *46 effect to the various provisions of Chapter 447 that it is charged with administering. The supreme court also seemed to suggest in FOP Miami Lodge that, pursuant to section
447.207(6), PERC has the power to create a “statement of general applicability that implements, interprets or prescribes law or policy in the course of adjudicating a case.”
511 So.2d at 554 ....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 5344, 2011 WL 1414039
...f more than one statute. PERC “or its designated agent shall hear appeals arising out of any suspension, reduction in pay, demotion, or dismissal of any permanent employee in the State Career Service System in the manner provided in s.
110.227.” §
447.207(8), Fla....
...tion), where the agency has such a position available. Restored to his or her former position (or to a comparable position), a permanent career service employee would unquestionably be able to appeal any dismissal from agency employment to PERC. See § 447.207(8), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2007 WL 1093478
...cting all seven claims of facial unconstitutionality. We agree with the trial court's disposition of each claim and with the trial court's conclusion that section
447.509 is not unconstitutional. AFFIRMED. ORFINGER and LAWSON, JJ., concur. NOTES [1] Section
447.207(2), Florida Statutes, requires an employee organization seeking to represent employees in collective bargaining to file a petition with the Public Employees Relations Commission, accompanied by "dated statements signed by at least 30...
CopyPublished | Florida 3rd District Court of Appeal | 1983 Fla. App. LEXIS 19919
duties of that Commission are spelled out in Section 447.-207 and they include, among other things, the
