Cases from cite.case.law:

G. SMITH, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 961 So. 2d 1050 (Fla. Dist. Ct. App. 2007)

. . . See § 447.208(3)(d), Fla. Stat. (2000); see also Bamawo v. . . . Dep’t of Corrs., 785 So.2d 610, 611 (Fla. 3d DCA 2001) (“[Section 447.208(3)(d) ] allows PERC the discretion . . . Finally, the Legislature removed the four criteria found in section 447.208(3)(d). . . . (amending § 447.208, Fla. Stat: (2000)). . . . Further, PERC is no longer restricted to the four criteria once contained in section 447.208(3)(d), Florida . . .

GONZALEZ, v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF FLORIDA HIGHWAY PATROL,, 237 F. Supp. 2d 1338 (S.D. Fla. 2002)

. . . . § 447.208(3)(d)(l). . . .

A. DOYLE, v. DEPARTMENT OF BUSINESS REGULATION, 794 So. 2d 686 (Fla. Dist. Ct. App. 2001)

. . . PERC’S ERRONEOUS REJECTION OF THE STIPULATION AS TO ATTORNEY’S FEES PERC asserts that section 447.208 . . . Section 447.208(3)(e), Florida Statutes states: Any order of the commission issued pursuant to this subsection . . . Section 447.208(3)(e), Florida Statutes, applies when PERC is called upon to “determine” an amount of . . . Because PERC interpreted section 447.208(3)(e), Florida Statutes, as giving it the responsibility to . . . mistakenly concluded that it had the power to simply reject the present stipulation as contrary to section 447.208 . . .

E. BAMAWO, v. DEPARTMENT OF CORRECTIONS,, 785 So. 2d 610 (Fla. Dist. Ct. App. 2001)

. . . contends that PERC should have mitigated the discipline in its discretionary authority under paragraph 447.208 . . .

STATE DEPARTMENT OF TRANSPORTATION, v. PLUMMER,, 774 So. 2d 945 (Fla. Dist. Ct. App. 2001)

. . . the names of similarly situated employees as related to the mitigation criteria contained in section 447.208 . . . In response to DOT’s appeal, PERC issued an interim order determining that section 447.208(3) is inapplicable . . .

H. GOSS, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 771 So. 2d 601 (Fla. Dist. Ct. App. 2000)

. . . Under section 447.208(3)(d), Florida Statutes (1997), whether Goss’ dismissal should be reduced to a . . .

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, v. A. DOYLE,, 750 So. 2d 746 (Fla. Dist. Ct. App. 2000)

. . . also affirm PERC’s finding that Doyle is entitled to an award of back pay and benefits under section 447.208 . . . incurred in the administrative proceedings below, to be determined as instructed in the Final Order. § 447.208 . . .

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL AFL- CIO, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 752 So. 2d 569 (Fla. 2000)

. . . Are deputy court clerks, unlike deputy sheriffs, public employees within the contemplation of section 447.208 . . .

A. GASTON, v. DEPARTMENT OF REVENUE, 742 So. 2d 517 (Fla. Dist. Ct. App. 1999)

. . . When PERC’s final order was entered, and at all relevant times before that date, section 447.208(3)(e . . . during the prosecution of an appeal against an agency in which the commission sustains the employee. § 447.208 . . . PERC and DOR argue that the amended version of section 447.208(3)(e) applies because the legislature . . . The amendment to section 447.208(3)(e) did not become effective until June 30, 1999. . . . The statutory basis for the award of fees to Gaston’s attorneys is section 447.208(3)(e), Florida Statutes . . .

RAWLS, v. PUBLIC EMPLOYEES RELATIONS COMMISSION, 743 So. 2d 592 (Fla. Dist. Ct. App. 1999)

. . . Florida Statutes, section 447.208(3)(d) (1997) sets forth the parameters of PERC’s authority to consider . . . diminished her capacity to perform her duties or which substantially contributed to the violation. § 447.208 . . . employment record in concluding that mitigation was not warranted under the third factor in section 447.208 . . . (3)(d). § 447.208(3)(d)3, Fla. . . .

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

. . . Section 447.208(3)(e), Florida Statutes (1995), provides: “Any order of the commission issued pursuant . . .

K. NORDHEIM, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 719 So. 2d 1212 (Fla. Dist. Ct. App. 1998)

. . . action against Nordheim for negligence, and that, upon application of the mitigation criteria in section 447.208 . . . that there was no evidence that Nordheim was negligent because the device was disconnected. .Section 447.208 . . .

A. DOYLE, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 713 So. 2d 1040 (Fla. Dist. Ct. App. 1998)

. . . Pursuant to section 447.208, Florida Statutes (1995), PERC is the administrative body charged with hearing . . .

PIPPING, v. DEPARTMENT OF CORRECTIONS,, 700 So. 2d 721 (Fla. Dist. Ct. App. 1997)

. . . which denied appellant, David Pipping, prevailing-party attorney’s fees, authorized pursuant to section 447.208 . . . reversed a PERC order that had denied the award of fees against the employing agency under section 447.208 . . . PERC is authorized to award a reasonable attorney’s fee when “the commission sustains the employee,” § 447.208 . . .

STATE DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, v. C. JONES,, 660 So. 2d 282 (Fla. Dist. Ct. App. 1995)

. . . Section 447.208(3)(e), Florida Statutes, authorizes PERC to include in its order, inter alia, an amount . . . To the extent that section 59.46, Florida Statutes, may be read in connection with section 447.208(3) . . .

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

. . . Section 447.208(3)(e), Florida Statutes (1993), authorizes an award for back pay, attorneys fees and . . . PERC nonetheless awarded back pay, attorney’s fees and costs based on section 447.208(3)(e) by characterizing . . . dismissal and a layoff, as evidenced by section 447.207(8), and chose to exclude layoffs from section 447.208 . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. SILVA, 627 So. 2d 612 (Fla. Dist. Ct. App. 1993)

. . . and that Silva had not carried her burden of demonstrating entitlement to mitigation under section 447.208 . . . by PERC, we are unable to say that it amounts to an abuse of the discretion granted PERC by section 447.208 . . .

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

. . . issue is significant, because PERC has authority to invoke less severe penalties than dismissal, see § 447.208 . . .

JIMENEZ, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 616 So. 2d 465 (Fla. Dist. Ct. App. 1993)

. . . Section 447.208(3)(e), Florida Statutes (1991), the controlling statute in the present case, permits . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. GORDON,, 590 So. 2d 484 (Fla. Dist. Ct. App. 1991)

. . . See generally, section 447.208(1), Florida Statutes (1989). . . . Section 447.208(3)(d) provides the following: (d) The commission is limited in its discretionary reduction . . . Section 447.208(3)(e) allows that the commission may award back pay "if applicable.” . . . .

QUINN, v. DEPARTMENT OF HEALTH REHABILITATIVE SERVICES,, 588 So. 2d 1074 (Fla. Dist. Ct. App. 1991)

. . . Section 447.208(3)(e), Florida Statutes (1989) permits the commission to award reasonable attorney’s . . .

FLORIDA DEPARTMENT OF LAW ENFORCEMENT, v. A. STANLEY,, 566 So. 2d 20 (Fla. Dist. Ct. App. 1990)

. . . awards of back pay for the suspension period, attorney’s fees and other expenses pursuant to Section 447.208 . . .

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

. . . . § 447.208(3)(c), Fla.Stat. (1987). . . .

SOLOMON, v. DEPARTMENT OF TRANSPORTATION,, 541 So. 2d 691 (Fla. Dist. Ct. App. 1989)

. . . However, Chapter 86-163, Laws of Florida, created section 447.208(3)(c), Florida Statutes, and transferred . . .

L. WITT, v. DEPARTMENT OF CORRECTIONS,, 538 So. 2d 1280 (Fla. Dist. Ct. App. 1989)

. . . See section 447.208(3), Florida Statutes. . . . Section 447.208(3)(d), Florida Statutes, establishes the parameters of PERC’s authority to consider mitigation . . .

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

. . . hearing officer, in the event he found it appropriate, to revisit the issue of mitigation under section 447.208 . . .

A. LAVERY, v. DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES,, 523 So. 2d 696 (Fla. Dist. Ct. App. 1988)

. . . (b) this finding was a sufficient basis for FDHSP to terminate Lavery’s employment as a trooper, § 447.208 . . . Webb, 367 So.2d 201, 203 (Fla.1978); § 447.208(3)(d), Fla.Stat. . . .

FLORIDA DEPARTMENT OF CORRECTIONS, v. E. PROVIN,, 515 So. 2d 302 (Fla. Dist. Ct. App. 1987)

. . . Chapter 86-163, Section 84, Laws of Florida, created Section 447.208, Florida Statutes (Supp.1986); subsection . . .

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

. . . in accordance with chapter 120, see sections 447.503(5)(b), Florida Statutes (1985); 447.207(8) and 447.208 . . .