The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

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F.S. 447.207

447.207 Commission; powers and duties.—

(1) The commission shall, in accordance with chapter 120, adopt, promulgate, amend, or rescind such rules and regulations as it deems necessary and administratively feasible to carry out the provisions of this part.

(2) To accomplish the objectives and carry out the duties prescribed by this part, the commission may preserve and enforce order during any proceeding; issue subpoenas for, administer oaths or affirmations to, and compel the attendance and testimony of witnesses; or issue subpoenas for, and compel the production of, books, papers, records, documents, and other evidence. However, in the absence of extraordinary circumstances, no subpoena shall issue which commands the attendance or testimony of any commissioner or any commission employee at a commission proceeding with respect to the performance of official or assigned duties, or the production of books, papers, records, or documents of the commission which have been prepared during the performance of such duties.

(3) If any person:

(a) Misbehaves during a proceeding or so near the place thereof as to obstruct the same;

(b) Neglects to produce, after having been ordered to do so, any pertinent book, paper, record, or document; or

(c) Refuses or fails to appear after having been subpoenaed or, upon appearing, refuses to take oath or affirmation as a witness or, after having taken the oath, refuses to be examined according to law,

the commission shall certify the facts to the circuit court having jurisdiction in the county where the proceeding is taking place, which shall thereupon in a summary manner hear the evidence as to the acts complained of and, if the evidence so warrants, punish such person in the same 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.

(4) Any subpoena, notice of hearing, or other process or notice of the commission issued under the provisions of this part shall be served personally or by certified mail. A return made and verified by the individual making such service and setting forth the manner of such service is proof of service, and a returned post office receipt, when certified mail is used, is proof of service. All process of any court to which application may be made under the provisions of this part shall be served in the county wherein the persons required to be served reside or may be found.

(5) The commission shall adopt rules as to the qualifications of persons who may serve as mediators and special magistrates and shall maintain lists of such qualified persons who are not employees of the commission. The commission may initiate dispute resolution procedures by special magistrates, pursuant to the provisions of this part.

(6) Pursuant to its established procedures, the 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 and violations of s. 447.505 by public employees, and resolve such other questions and controversies as it may be authorized herein to undertake. The petitioner, charging party, respondent, and any intervenors shall be the adversary parties before the commission in any adjudicatory proceeding conducted pursuant to this part. Any commission statement of general applicability that implements, interprets, or prescribes law or policy, made in the course of adjudicating a case pursuant to s. 447.307 or s. 447.503 shall not constitute a rule within the meaning of s. 120.52.

(7) The commission shall provide by rule a procedure for the filing and prompt disposition of petitions for a declaratory statement as to the applicability of any statutory provision or any rule or order of the commission. Such rule or rules shall provide for, but not be limited to, an expeditious disposition of petitions posing questions relating to potential unfair labor practices. Commission disposition of a petition shall be final agency action and shall not constitute a rule as defined in s. 120.52.

(8) The commission 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.

(9) Pursuant to s. 447.208, the commission or its designated agent shall hear appeals, and enter such orders as it deems appropriate, arising out of:

(a) Section 110.124, relating to termination or transfer of State Career Service System employees aged 65 or older.

(b) Section 112.044(4), relating to age discrimination.

(10) Appeals to the commission pursuant to subsection (8) or subsection (9) shall be the exclusive administrative review of such actions, notwithstanding the provisions of chapter 120. However, nothing in this subsection shall affect an employee’s rights pursuant to s. 447.401 or s. 447.503.

(11) Decisions issued by the commission pursuant to subsection (8) or subsection (9) shall be final agency action which shall be reviewable pursuant to s. 447.504.

(12) Upon a petition by a public employer after it has been notified by the Department of Labor that the public employer’s protective arrangement covering mass transit employees does not meet the requirements of 49 U.S.C. s. 5333(b) and would jeopardize the employer’s continued eligibility to receive Federal Transit Administration funding, the commission may waive, to the extent necessary for the public employer to comply with the requirements of 49 U.S.C. s. 5333(b), any of the following for an employee organization that has been certified as a bargaining agent to represent mass transit employees:

(a) The prohibition on dues and assessment deductions provided in s. 447.303(1).

(b) The requirement to petition the commission for recertification.

History.—s. 3, ch. 74-100; s. 8, ch. 77-343; s. 2, ch. 79-85; s. 190, ch. 79-400; s. 83, ch. 86-163; s. 8, ch. 91-220; s. 19, ch. 91-431; s. 36, ch. 96-399; s. 202, ch. 96-410; s. 37, ch. 2001-43; s. 80, ch. 2004-11; s. 2, ch. 2023-35.

F.S. 447.207 on Google Scholar

F.S. 447.207 on Casetext

Amendments to 447.207

Arrestable Offenses / Crimes under Fla. Stat. 447.207

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.207.

Annotations, Discussions, Cases:

Cases from cite.case.law:

M. DELONG, v. FLORIDA FISH WILDLIFE CONSERVATION COMMISSION,, 145 So. 3d 123 (Fla. Dist. Ct. App. 2014)

. . . . §§ 110.227(5)(a); 447.207(8), Fla. Stat (2012). . . . Pursuant to Section 447.207(8), Florida Statutes, PERC is expressly designated to hear appeals of dismissals . . .

SCHOOL DISTRICT OF COLLIER COUNTY, v. FUQUA,, 136 So. 3d 687 (Fla. Dist. Ct. App. 2014)

. . . See § 447.207(9)(c), Fla. Stat. (2012). . . .

PESTA, v. DEPARTMENT OF CORRECTIONS,, 63 So. 3d 788 (Fla. Dist. Ct. App. 2011)

. . . .” § 447.207(8), Fla. Stat. (2009). . . . See § 447.207(8), Fla. Stat. (2009). . . .

McQUADE, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 51 So. 3d 489 (Fla. Dist. Ct. App. 2010)

. . . Section 447.207, Florida Statutes (2009), establishes the Commission’s powers and duties. . . . .” § 447.207(8), Fla. Stat. (2009). . . . The Commission’s interpretation of its role is consistent with the statutory mandates of sections 447.207 . . . Section 447.207 gives the Commission the authority to hear career service appeals “in the manner provided . . .

MENEGAT v. CITY OF APOPKA,, 954 So. 2d 681 (Fla. Dist. Ct. App. 2007)

. . . Section 447.207(2), Florida Statutes, requires an employee organization seeking to represent employees . . .

CITY OF MIAMI BEACH, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 937 So. 2d 226 (Fla. Dist. Ct. App. 2006)

. . . In a quasi-judicial hearing before the Commission conducted pursuant to section 447.207(6) of the Florida . . .

FULLER, v. DEPARTMENT OF EDUCATION,, 927 So. 2d 28 (Fla. Dist. Ct. App. 2006)

. . . Pursuant to section 447.207(6), Florida Statutes (2001), PERC has been delegated the power to “determine . . . the purpose of “determining] or approving] units appropriate for ... collective bargaining,” section 447.207 . . .

STATE DEPARTMENT OF CORRECTIONS, v. CHESNUT,, 894 So. 2d 276 (Fla. Dist. Ct. App. 2005)

. . . See § 447.207(8), Fla. Stat. (1999). . . .

DICKENS, v. DEPARTMENT OF JUVENILE JUSTICE,, 830 So. 2d 135 (Fla. Dist. Ct. App. 2002)

. . . PERC’s construction of sections 447.207(8) and 110.227(5)(a), Florida Statutes (2001), as precluding . . .

MATHIS, Jr. v. FLORIDA DEPARTMENT OF CORRECTIONS,, 726 So. 2d 389 (Fla. Dist. Ct. App. 1999)

. . . contested the proposed termination by timely filing a notice of appeal with PERC as authorized by section 447.207 . . . forbidden act had occurred with reference to the process or order of, or in the presence of, the court. § 447.207 . . .

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. EDWARDS,, 654 So. 2d 628 (Fla. Dist. Ct. App. 1995)

. . . when it hears an appeal from the dismissal of a permanent career service employee, pursuant to section 447.207 . . .

FLORIDA PUBLIC EMPLOYEES COUNCIL AFSCME, v. DANIELS,, 646 So. 2d 813 (Fla. Dist. Ct. App. 1994)

. . . enforcement of the witnesses’ subpoenas by the circuit court to compel their testimony pursuant to § 447.207 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. S. FORD,, 644 So. 2d 99 (Fla. Dist. Ct. App. 1994)

. . . Compare § 447.207(8), Fla.Stats. (1993) (authorizing PERC to hear appeals “arising out of any suspension . . . The legislature recognized the difference between a dismissal and a layoff, as evidenced by section 447.207 . . .

CITRUS COUNTY, FLORIDA, v. CITRUS COUNTY PROFESSIONAL PARAMEDIC EMT,, 642 So. 2d 44 (Fla. Dist. Ct. App. 1994)

. . . The supreme court also seemed to suggest in FOP Miami Lodge that, pursuant to section 447.207(6), PERC . . .

E. JENKINS, v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 618 So. 2d 749 (Fla. Dist. Ct. App. 1993)

. . . Pursuant to section 447.207(8), Fla. . . . See § 447.207(8) and (10), Fla.Stat. (1989). . . . Section 447.207(8), Fla.Stat. (1989). . . . Florida Supreme Court as a question of great public importance: IN VIEW OF THE PROVISIONS OF SECTION 447.207 . . .

CITY OF ORLANDO, v. CENTRAL FLORIDA POLICE BENEVOLENT ASSOCIATION,, 595 So. 2d 1087 (Fla. Dist. Ct. App. 1992)

. . . statutory authority to convert the petition, but argues it does not exceed its authority under section 447.207 . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. MUNIZ,, 580 So. 2d 886 (Fla. Dist. Ct. App. 1991)

. . . .-227, 447.207-.208, Fla.Stat. (1989). . . .

J. HARRIS, Jr. v. STATE PUBLIC EMPLOYEES RELATIONS COMMISSION, 568 So. 2d 475 (Fla. Dist. Ct. App. 1990)

. . . Commission (PERC) denying appellant’s veteran’s preference appeal which he filed pursuant to Section 447.207 . . .

TOMLINSON, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 558 So. 2d 62 (Fla. Dist. Ct. App. 1990)

. . . In light of a 1986 amendment to section 447.207(8)(10), Florida Statutes, PERC now has “exclusive administrative . . . when the separation does not come within PERC’s exclusive jurisdiction of dismissals under section 447.207 . . .

WILLIAMS, v. DEPARTMENT OF TRANSPORTATION, 531 So. 2d 994 (Fla. Dist. Ct. App. 1988)

. . . He appealed his dismissal, under provisions of section 447.207(8); Florida Statutes (1985). . . .

G. McLAUGHLIN, v. STATE DEPARTMENT OF NATURAL RESOURCES,, 526 So. 2d 934 (Fla. Dist. Ct. App. 1988)

. . . Section 447.207(8), (9) and (10), Florida Statutes (1987) provides that PERC shall only hear appeals . . .

FLORIDA DEPARTMENT OF CORRECTIONS, v. W. BRADLEY,, 510 So. 2d 1122 (Fla. Dist. Ct. App. 1987)

. . . during the course of the proceedings by the Public Employees Relations Commission (PERC), see section 447.207 . . . hearing conducted in accordance with chapter 120, see sections 447.503(5)(b), Florida Statutes (1985); 447.207 . . .

CITY OF MIAMI, v. FRATERNAL ORDER OF POLICE, MIAMI LODGE AFL- CIO,, 511 So. 2d 549 (Fla. 1987)

. . . We agree with the Commission that section 447.207(6) exempts PERC from the requirement that statements . . . judice does not alter our holding, particularly in view of the legislative pronouncement in section 447.207 . . . Specific Authority 447.207, FS. Law Implemented 447.-201, 447.107, 447.401, 447.501, 447.503, FS. . . .

AMALGAMATED TRANSIT UNION, LOCAL AFL- CIO- CLC, v. INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS, LOCAL, 497 So. 2d 665 (Fla. Dist. Ct. App. 1986)

. . . Further, section 447.207(6) provides: [T]he commission shall resolve questions and controversies concerning . . .

CITY OF HOLLYWOOD, a v. PUBLIC EMPLOYEES RELATIONS COMMISSION AFL- CIO,, 432 So. 2d 79 (Fla. Dist. Ct. App. 1983)

. . . Subsection 447.207(1), provides: The commission shall, in accordance with chapter 120, adopt, promulgate . . .

PALM BEACH JUNIOR COLLEGE BOARD OF TRUSTEES, v. UNITED FACULTY OF PALM BEACH JUNIOR COLLEGE,, 425 So. 2d 133 (Fla. Dist. Ct. App. 1982)

. . . PERC has been provided with broad powers of administering Part II of Chapter 447 by Section 447.207, . . .

A. GALBREATH, v. SCHOOL BOARD OF BROWARD COUNTY,, 424 So. 2d 837 (Fla. Dist. Ct. App. 1982)

. . . 1981, the School Board of Leon County filed a petition for declaratory statement pursuant to Section 447.207 . . .

CITY OF TALLAHASSEE, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 393 So. 2d 1147 (Fla. Dist. Ct. App. 1981)

. . . pursuant to a petition of the City of Tallahassee for a declaratory statement under Sections 120.565 and 447.207 . . .

MANATEE COUNTY, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION AFSCME, AFL- CIO,, 387 So. 2d 446 (Fla. Dist. Ct. App. 1980)

. . . policy, Section 447.201, Florida Statutes, and powers and duties conferred upon the Commission, Section 447.207 . . .

J. SEITZ, v. DUVAL COUNTY SCHOOL BOARD,, 346 So. 2d 644 (Fla. Dist. Ct. App. 1977)

. . . Section 447.207, Florida Statutes (1975); Maxwell v. . . .

SCHOOL BOARD OF MARION COUNTY, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 334 So. 2d 582 (Fla. 1976)

. . . See specifically § 447.207(6), Fla. Stat. (1975). . 29 U.S.C. §§ 151-167 (1970). . See S. H. . . .

BROWARD COUNTY CLASSROOM TEACHERS ASSOCIATION, INC. v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 331 So. 2d 342 (Fla. Dist. Ct. App. 1976)

. . . The Court is of the view that the defendant Commission is authorized, under F.S. 447.207(6) to investigate . . .