The 2023 Florida Statutes (including Special Session C)
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. . . . § 447.203(2), Fla. Stat. . . . To resolve the impasse, under section 447.203 and 447.403, Florida Statutes, the Legislature appropriated . . .
. . . any of the foregoing, the information must be disclosed to a chief executive officer as defined in s. 447.203 . . .
. . . any of the foregoing, the information must be disclosed to a chief executive officer as defined in s. 447.203 . . .
. . . Section 447.203(9), Florida Statutes (2009), states: " 'Chief executive officer’ for the state shall . . .
. . . Considering the definition of bargaining agent in section 447.203(12), Florida Statutes (2013), the circuit . . .
. . . See § 447.203(10). . . .
. . . any of the foregoing, the information must be disclosed to a chief executive officer as defined in s. 447.203 . . .
. . . . § 447.203(8), (12) Fla. Stat. (2008). . . . .
. . . PERC concluded that under section 447.203(10), Florida Statutes, the Board is the appropriate legislative . . . Section 447.203 defines “legislative body” in pertinent part as follows: “Legislative body” means the . . . employment and which, as the case may be, is the appropriate legislative body for the bargaining unit. § 447.203 . . . It is clear the Legislature defined “legislative body” in section 447.203(10) so as to ensure the entity . . . Thus PERC’s interpretation of section 447.203(10) is not erroneous. See § 120.68(7)(d), Fla. . . .
. . . “Public employee” is defined by section 447.203(3), Florida Statutes, as any person employed by a public . . . finding, at the time of his application for rehire, Stanley was not a public employee within the section 447.203 . . . Id. at 193; see also § 447.203(3)(d), Fla. Stat. . . .
. . . Compare § 447.203(2), Fla. Stat. . . .
. . . defined bargaining unit concluding that they were not “public employees” within the meaning of section 447.203 . . . certain employees are to be included or excluded from a collective bargaining unit pursuant to section 447.203 . . . determination that “part-time” volunteers do not meet the definition of “public employee” under section 447.203 . . . The City is a public employer within the meaning of section 447.203(2), Florida Statutes (2005). . . .
. . . 2005), Local 3178 argued that by charging a fee greater than actual cost, the City violated section 447.203 . . . written request, to provide public information, excluding work products as defined in s. 447.605.” § 447.203 . . . purposes that may not be available to the general public, all records obtained pursuant to section 447.203 . . . Section 447.203(17)(d) only obligates a public employer to “provide public information”— that is, lay . . . Florida law requires only that relevant information be provided. § 447.203(17)(d). . . .
. . . from participation in Career Service, specifically refers to “managerial employees, as defined in s. 447.203 . . . designated are not included within the definition of public employees under the provisions of section 447.203 . . . PERC is explicitly directed to make such designation pursuant to the criteria established in section 447.203 . . .
. . . employer from the [Board of Education] to the boards, of trustees resulted from an amendment to Section 447.203 . . .
. . . Though the City was the employer, section 447.203(10), Florida Statutes provides that the "legislative . . .
. . . units of state university employees was based entirely on PERC’s conclusion that language in section 447.203 . . . decision, I agree with the majority that PERC’s initial conclusion regarding the portion of section 447.203 . . . At that point, the portion of section 447.203(2) relied upon by PERC (by which the legislature bestowed . . . Section 447.203(2) defines a “public employer” in general as “the state or any county, municipality, . . . 18 (Fla. 5th DCA 1983) (whether employees qualify as “managerial employees” for purposes of section 447.203 . . . The Legislature amended section 447.203(2), Florida Statutes (2001), which set forth that “the Board . . . Thus, section 447.203(2), Florida Statutes (2002), provides, in pertinent part, that: With respect to . . . In his legal analysis, the hearing officer concluded that, until ■ section 447.203(2), which provides . . . PERC concluded that, until and unless section 447.203(2) was repealed or invalidated, it was bound to . . . As such, section 447.203(2) cannot serve as the basis for PERC’s denial of appellant’s petitions. . . .
. . . governmental entity, the information must be disclosed to a chief executive officer as defined in section 447.203 . . .
. . . To that end, the trial court took evidence on whether section 447.203(3)(J) serves a compelling state . . . the State’s interest in maintaining the lawyer-client relationship was compelling but that section 447.203 . . .
. . . We affirm and decline to reach the question of the constitutionality of section 447.203, Florida Statutes . . . principals met the criteria of managerial employees and administrative personnel as defined in section 447.203 . . . because the unit remained managerial pursuant to their job duties and responsibilities under sections 447.203 . . . 228.041(10), and the managerial status that is specific to the school district personnel found in section 447.203 . . . right to seek a declaratory judgment in circuit court concerning the constitutionality of sections 447.203 . . .
. . . Are deputy court clerks, unlike deputy sheriffs, public employees within the contemplation of section 447.203 . . . deputy clerks were in fact public employees entitled to collective bargaining rights under section 447.203 . . . under chapter 447, Florida Statutes (1997), because the definition of “public employee” in section 447.203 . . . In Chiles, we addressed the constitutionality of section 447.203(3)(j), Florida Statutes (1997), which . . . This section was enacted as an exception to the definition of “public employee” in section 447.203(3) . . .
. . . Fla. 1st DCA 1997)(PERC acted within its discretion in denying employee attorney’s fees under section 447.203 . . .
. . . . § 447.200, 447.201, 447.203, 447.204, 447.205, and 42 C.F.R. § 431.12), and 42 U.S.C. § 1983. . . . Medicaid Act, 42 U.S.C. § 1396a(30)(A), and “its attendant regulations” (42 C.F.R. §§ 447.200, 447.201, 447.203 . . .
. . . . § 447.203(4)(a), Fla. Stat. . . .
. . . Section 447.203 defines the term “public employee” broadly as “any person employed by a public employer . . . hand, if an individual works as a managerial level employee under the criteria set forth in section 447.203 . . . (4) or falls within any of the other exceptions listed in section 447.203(3), the protections of part . . . to determine whether O’Brien worked as an employee in the ordinary sense of the word under section 447.203 . . . Section 447.203 provides in relevant part: 447.203 Definitions. — As used in this part: (3) "Public employee . . .
. . . .2d 502 (Fla. 1st DCA 1998), a decision in which the First District Court of Appeal declared section 447.203 . . . Section 447.203(3)0’) of this chapter in effect prohibits “[tjhose persons who by virtue of their positions . . . (codified at § 447.203(3)(j), Fla. Stat. (1997)). . . . SEAG appealed, arguing that section 447.203(3)(j), Florida Statutes (Supp. 1994), was unconstitutional . . . To that end, the trial court took evidence on whether section 447.203(3)(j) serves a compelling state . . .
. . . “public employee” in contemplation of Article 1, Section 6 of the Florida Constitution and section 447.203 . . . ARE DEPUTY COURT CLERKS, UNLIKE DEPUTY SHERIFFS, PUBLIC EMPLOYEES WITHIN THE CONTEMPLATION OF SECTION 447.203 . . .
. . . that disclosures regarding a community college be made to a “chief executive officer as defined in § 447.203 . . .
. . . bargain, as provided by Florida’s Constitution, [which] is unconstitutionally infringed upon by Section 447.203 . . . V of the State Constitution.” § 447.203(3)0), Fla. Stat. (1997). . . . s right to seek a declaratory judgment in circuit court concerning the constitutionality of section 447.203 . . . Because section 447.203(3)(j) diminishes this fundamental right, the state must demonstrate that the . . . To that end, the trial court took evidence on whether section 447.203(3)(j) serves a compelling state . . .
. . . This court is not required to defer to PERC’s construction of section 447.203(13)(a), Florida Statutes . . . (1995), insofar as PERC has determined that compliance with section 447.203(13)(a)4. is mandatory. . . . Section 447.203(13) provides: (13) “Professional employee” means: (a) Any employee engaged in work in . . . Respectfully, we are unable to agree with PERC’s construction of section 447.203(13)(a). . . . (13)(a), they fall within the definition . of “professional employee” pursuant to section 447.203(13) . . . I would leave undisturbed PERC’s construction of subsection 447.203(13)(a), Florida Statutes (1995), . . . PERC’s construction precludes coupling (for example) the criteria set out in subsubsections 447.203(13 . . . In interpreting subsection 447.203(13)(a), Florida Statutes (1995), PERC appropriately looked to the . . . If subsection 447.203(13)(a) is construed correctly, it is necessary to reach a question the majority . . . does not address, in order to decide whether PERC correctly construed subsubsection 447.203(13)(a)4. . . .
. . . employee must report any incidents under this section to a “chief executive officer as defined in § 447.203 . . .
. . . We affirm, but decline to reach the question of the constitutionality of section 447.203, Florida Statutes . . . Thereafter, in the 1994 legislative session, the Florida Legislature passed an amendment to section 447.203 . . . However, they now ask this court to decide the constitutionality of section 447.203(3)(j), Florida Statutes . . . s right to seek a declaratory judgment in circuit court concerning the constitutionality of section 447.203 . . . PERC was required to dismiss the petition because Chapter 94-89, Laws of Florida, codified at section 447.203 . . .
. . . . § 447.201(b), 447.203(a) (1993). . . .
. . . The Sarasota County School Board is a public employer within the meaning of section 447.203(2), Florida . . . It is also a legislative body as defined by section 447.203(10), Florida Statutes (1989). . . . Sarasota Classified/Teachers Association is an employee organization within the meaning of section 447.203 . . . is a public employer pursuant to section 447.-203(2) and it is also a legislative body under section 447.203 . . . CTA is an employee organization within the meaning of section 447.203(11) and is the certified bargaining . . .
. . . Sections 240.209 and 447.203(2) empower the Board of Regents to negotiate collective bargaining agreements . . .
. . . . § 447.250 (inpatient care); § 447.203 (physician services). . . .
. . . managerial employees” pursuant to the provisions of subsection (a) and .1, .3, .4, and .5 of section 447.203 . . .
. . . elected constitutional officer and, therefore, are not public employees within the meaning of section 447.203 . . .
. . . The commission’s finding that SPALC is an employee organization within the meaning of section 447.203 . . .
. . . The three substantive arguments, supra, require consideration of section 447.203(14), Florida Statutes . . . Under section 447.203(17), Florida Statutes: Good faith bargaining shall mean, but not be limited to, . . . definition of ‘good faith bargaining’ shall ‘not be limited to’ the statutory definition alone. sec. 447.203 . . .
. . . Cases arising from disputes between local school boards (the legally defined “employer,” section 447.203 . . .
. . . Section 447.203(4)(a) and (b), Florida Statutes, prescribes the criteria for managerial employees. . . .
. . . However, Section 447.203(10) clearly defines legislative body as “the governing body of an instrumentality . . . Section 447.203(10) also provides additional support for PERC’s conclusion. . . . Because PERC’s interpretation of Section 447.203(10) to exclude the Board is consistent with legislative . . .
. . . The Board urges reversal and exclusion of four additional employees, contending that § 447.203(5), Florida . . . definition of employees who act “in a confidential capacity to assist ... managerial employees.” § 447.203 . . . Section 447.203(4) defines the criteria for designating ‘managerial’ employees and Section 447.203(5) . . . area superintendents for whom these secretaries work are ‘managerial’ within the meaning of Section 447.203 . . . superintendents served by the secretaries in question are “managerial employees” because subsection 447.203 . . .
. . . PERC’s order points to the provisions of Section 447.203(14) which, while requiring the parties to negotiate . . .
. . . Furthermore, Section 447.203(14), which provides that “neither party shall be compelled to agree to a . . .
. . . S.Ct. 328, 9 L.Ed.2d 405 (1963), it is bound by the Supreme Court of Florida’s construction of Section 447.203 . . . Murphy, the supreme court thoroughly analyzed the history and prior judicial interpretation of Section 447.203 . . . The FPBA in Sikes sought a declaratory judgment that the supreme court’s interpretation of § 447.203 . . . Section 447.203(3) provides: "Public employee” means any person employed by a public employer except: . . . Fla.Stat.Ann. § 447.203(3) (West Supp.1983). . . . .
. . . Section 447.203, Florida Statutes (1981). . . . right to collectively bargain when managerial status is conferred, the managerial indicia of Section 447.203 . . . Section 447.203(5), Florida Statutes (1981). . . .
. . . determined by an examination of their duties and responsibilities and the criteria listed in section 447.203 . . . Section 447.203(4) prescribes the criteria for managerial employees as follows: “Managerial employees . . . Augustine Fire Department bring the captains within subdivisions 3, 4 and 5 of section 447.203(4)(a). . . . In addition, paragraph (b) of section 447.203(4) which specifically recognizes that firefighters may . . .
. . . not contend before the PERC that the captains were managerial employees within the meaning of Section 447.203 . . .
. . . been no formal determination that the rank of lieutenant is a management position under PERA [Section 447.203 . . .
. . . In reaching that determination, the Court first noted that section 447.203(3), Florida Statutes, defines . . . In the case at bar, then, this court is bound by the Florida Supreme Court’s construction of section 447.203 . . . The fact that this court is bound by the Florida Supreme Court’s interpretation of section 447.203(3) . . . the plaintiffs seek a declaratory judgment that the state supreme court’s interpretation of section 447.203 . . . Finally, the plaintiffs contend that the Florida Supreme Court’s interpretation of section 447.203(3) . . .
. . . the holding in the case that “graduate assistants” are employees and as such are deleted from Section 447.203 . . .
. . . UFF challenges the constitutionality of Chapter 81-305, Laws of Florida, now codified as Section 447.203 . . . employee groups from the definition of “public employee,” with no mention of graduate assistants. § 447.203 . . . Accordingly, the term “graduate assistants” in Section 447.203(3)(i), Florida Statutes (1981) is hereby . . . JOANOS, J., and OWEN, WILLIAM C., Jr., (Retired), Associate Judge, concur. . 447.203 Definitions As used . . . Legislative Intent It is the intent of the Legislature to exempt, by the provisions of s. 447.203(3)( . . .
. . . part its petition to designate certain employees as managerial or confidential employees under section 447.203 . . .
. . . See § 447.203(3), Fla.Stat. (1977). . . . .
. . . evidence supports the findings of fact and the agency correctly applied the statutory criteria, section 447.203 . . .
. . . order of PERC finding that its registrar was not a managerial employee within the meaning of Section 447.203 . . . , and that certain of its secretaries were not confidential employees within the meaning of Section 447.203 . . . confidential employees, and the language of Section 447.203(4), defining managerial employees. . . . In contrast, PERC points out, the language of Section 447.203(5) that “ ‘Confidential employees’ are . . . (Ret.), Associate Judge, concur. .Section 447.203(4) “Managerial employees” are those employees who: . . .
. . . Collective bargaining not only does not require that a government agree to a retirement benefit [Section 447.203 . . .
. . . captains and the captain/assistant fire chief are not managerial employees under Florida Statutes § 447.203 . . .
. . . the Commission's failure to designate certain employees as managerial or confidential under Section 447.203 . . .
. . . Section 447.203(1), Florida Statutes. . . .
. . . principal is, by definition, a confidential employee within the meaning and application of Section 447.203 . . . PERC’s determination that the following are not managerial employees within the meaning of Section 447.203 . . .
. . . majority opinion below states, with reference to the definition of “confidential employees” in section 447.203 . . . Section 447.203(5) also was considered and addressed in City of Winter Park v. . . . Public Employees Relations Commission, 349 So.2d 224 (Fla. 4th DCA 1977), where the court said: Section 447.203 . . . , in processing petitions which seek to designate certain employees as “confidential” under section 447.203 . . .
. . . The Board of Regents is included within the definition of a public employer under § 447.203(2), while . . . a public employee, defined by § 447.203(3), is one “employed by a public employer,” subject to certain . . . The first, Section 447.203(2), provides that the petitioner here, the Board of Regents, is a “public . . . The second, Section 447.203(3), defines a “public employee” as being one “employed by a public employer . . . public employer” and still not be a “public employee”, even without a specific exemption in Section 447.203 . . .
. . . Section 447.505, Florida Statutes (1977), Section 447.203(6), Florida Statutes (1977). . . .
. . . to be considered a managerial employee, his job functions must meet the criteria set forth in F.S. 447.203 . . .
. . . (Section 447.203(2), Florida Statutes 1975) If and when the negotiations between the public employer . . . (Section 447.203(10), Florida Statutes 1975) The Florida Legislature is thus the “legislative body” for . . .
. . . employees were managerial employees since such designation could not be stipulated to under Section 447.203 . . .
. . . support a finding that secretaries to principals are confidential employees under Florida Statute § 447.203 . . . Hearing was subsequently held, and pursuant to Florida Statute § 447.203(3)(d), evidence was taken on . . . employee aids or assists the managerial employee in the performance of duties as outlined in Section 447.203 . . . requires confidential status for an employee who (1) assists a managerial employee as defined by § 447.203 . . . confidential status by imposing as additional requirements the performance of duties outlined in § 447.203 . . . Section 447.203(5) does not define “confidential employees” except to say that they are “persons who . . . Section 447.203(4)(a). . . .
. . . In its order dismissing the charge, PERC noted that under the definition of “strike” in § 447.203(6), . . .
. . . Petersburg Junior College is, as defined by Section 447.203(2), a public employer and a public employer . . .
. . . the School Board of Hernando County, Florida [Board], a public employer within the meaning of Section 447.203 . . .
. . . employer” and determined that deputy sheriffs are public employees within the definition of Section 447.203 . . . although deputy sheriffs are officers, they are also public employees within the definition of Section 447.203 . . . Comparing Section 447.203, Florida Statutes (1975), and Section 112.044, Florida Statutes (1976), (which . . . respondent argues that had the Legislature intended to exclude sheriffs from the coverage of Section 447.203 . . . Section 447.203(3), Florida Statutes (1975), defines “public employee” as: “ . . . any person employed . . .
. . . While Section 447.309(1) contains no similar statement, Section 447.203(14), defining collective bargaining . . .
. . . . § 447.203 by adding subsection (3)(f) to expressly exclude state inmates from the definition of “public . . . Section 447.203 of the PERA, as originally enacted in 1974, and as it became effective on January 1, . . . Fla.Stat. § 447.203(3) (Supp.1975). . . . Stat. § 447.203(3)(f) (Supp.1976). That law is currently existing and controlling. . . . Fla.Stat. § 447.203(3) (Supp.1975) provided: (3) “Public employee” means any person, employed by a public . . .
. . . Section 447.203(10) broadly defines “employee organization” as including any association or professional . . .
. . . Section 447.203 provides definitions for “managerial” and “confidential” employees who are to be excluded . . . J., and MAGER and ANSTEAD, JJ., concur. . § 447.203(4). . § 447.203(5). . . . .
. . . At the time the Commission considered this issue, Section 447.203(4), Florida Statutes (1975), was in . . . Managerial employees are defined in Section 447.203(4), Florida Statutes (1976), as: “(4) “ ‘Managerial . . . nature and require the exercise of independent judgment”, thus fulfilling the requirements of Section 447.203 . . . Since chairpersons meet the requirements of Section 447.203(4)(b), if their duties and responsibilities . . . fall within any one of the seven categories under Section 447.203(4)(a), then they must be categorized . . .
. . . Section 447.203(2), Florida Statutes (1975), defines a public employer as follows: “ ‘Public employer . . . The term “public employee” is defined in Section 447.203(3), Florida Statutes (1975), as: “ ‘Public Employee . . .
. . . the Public Employees Relations Commission for redetermination in light of the amendment of Section 447.203 . . .
. . . Commission Rule 8H-2.10, Fla.Adm.Code, which advances the purposes of §§ 447.203(3) (d) and 447.-307( . . . Sec. 447.203(3) (d), (4), (5), F.S. . . . Sec. 447.203(3), F.S.197S (Emphasis added). . . . views might not otherwise be made known, to participate in the determination as contemplated by Sec. 447.203 . . . (F.S. 447.03, 447.201) According to F.S. 447.203(3), “ ‘public employee’ means any person employed by . . . Essentially, PERC’s position is that F.S. 447.203(3) (d) implicitly mandates that it do more than merely . . .
. . . Sec. 447.203(3) (Supp.1974) defines “a public employee” as anyone employed by a public employer (defined . . .