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The 2025 Florida Statutes
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F.S. 447.207447.207 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. (c) Section 295.11, relating to reasons for not employing a preferred veteran applicant. (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) as it applies to a mass transit employee who has provided a copy of his or her membership authorization form to the employer as part of the authorization of dues deduction under a waiver. (b) The requirement to petition the commission for recertification. (c) The revocation of certification provided in s. 447.305(6) and (7). 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; s. 1, ch. 2024-23.
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Annotations, Discussions, Cases:
Cases Citing Statute 447.207
Total Results: 33
654 So. 2d 628, 1995 WL 258910
District Court of Appeal of Florida | Filed: May 5, 1995 | Docket: 179141
Cited 10 times | Published
permanent career service employee, pursuant to section 447.207(8), Florida Statutes. In the course of such
510 So. 2d 1122, 12 Fla. L. Weekly 1899, 1987 Fla. App. LEXIS 9638
District Court of Appeal of Florida | Filed: Aug 5, 1987 | Docket: 1593233
Cited 10 times | Published
Employees Relations Commission (PERC), see section 447.207(8), Florida Statutes (Supp. 1986)). A formal
387 So. 2d 446, 109 L.R.R.M. (BNA) 3166
District Court of Appeal of Florida | Filed: Aug 14, 1980 | Docket: 289159
Cited 10 times | Published
and duties conferred upon the Commission, Section 447.207, Florida Statutes.
[4] Although the nonacceptance
425 So. 2d 133, 9 Educ. L. Rep. 767
District Court of Appeal of Florida | Filed: Dec 30, 1982 | Docket: 1181964
Cited 8 times | Published
of administering Part II of Chapter 447 by Section 447.207, Florida Statutes (1979). We are not prepared
726 So. 2d 389, 1999 WL 69631
District Court of Appeal of Florida | Filed: Feb 15, 1999 | Docket: 1711514
Cited 7 times | Published
notice of appeal with PERC as authorized by section 447.207(8), Florida Statutes (1995). Ensuing proceedings
526 So. 2d 934, 1988 WL 47244
District Court of Appeal of Florida | Filed: May 11, 1988 | Docket: 125264
Cited 6 times | Published
McLaughlin with agency review of DNR's action. Section 447.207(8), (9) and (10), Florida Statutes (1987) provides
646 So. 2d 813, 1994 WL 681857
District Court of Appeal of Florida | Filed: Dec 8, 1994 | Docket: 1405484
Cited 4 times | Published
circuit court to compel their testimony pursuant to § 447.207(3), Florida Statutes.
AFSCME filed an action in
558 So. 2d 62, 1990 WL 7533
District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 1404809
Cited 4 times | Published
involuntary.
In light of a 1986 amendment to section 447.207(8)(10), Florida Statutes, PERC now has "exclusive
334 So. 2d 582, 92 L.R.R.M. (BNA) 3458
Supreme Court of Florida | Filed: Jun 16, 1976 | Docket: 1712472
Cited 4 times | Published
Chapter 447, Fla. Stat. (1975). See specifically § 447.207(6), Fla. Stat. (1975).
[2] 29 U.S.C. §§ 151-167
511 So. 2d 549
Supreme Court of Florida | Filed: Jul 16, 1987 | Docket: 1700740
Cited 3 times | Published
(1983). We agree with the Commission *554 that section 447.207(6) exempts PERC from the requirement that statements
511 So. 2d 549
Supreme Court of Florida | Filed: Jul 16, 1987 | Docket: 1700740
Cited 3 times | Published
(1983). We agree with the Commission *554 that section 447.207(6) exempts PERC from the requirement that statements
346 So. 2d 644, 1977 Fla. App. LEXIS 16062
District Court of Appeal of Florida | Filed: Jun 7, 1977 | Docket: 1410177
Cited 3 times | Published
of the issue in proper agency proceedings. Section 447.207, Florida Statutes (1975); Maxwell v. School
618 So. 2d 749, 1993 WL 128848
District Court of Appeal of Florida | Filed: Apr 27, 1993 | Docket: 1376371
Cited 2 times | Published
(1943); Tomlinson, 558 So.2d at 65.
Pursuant to section 447.207(8), Fla. Stat. (1989), PERC has exclusive jurisdiction
136 So. 3d 687, 2014 WL 444034, 2014 Fla. App. LEXIS 1421
District Court of Appeal of Florida | Filed: Feb 5, 2014 | Docket: 60240059
Cited 1 times | Published
order urging dismissal of the complaint. See § 447.207(9)(c), Fla. Stat. (2012).
When a job candidate
51 So. 3d 489, 31 I.E.R. Cas. (BNA) 1009, 2010 Fla. App. LEXIS 18677, 2010 WL 4829816
District Court of Appeal of Florida | Filed: Nov 30, 2010 | Docket: 2407832
Cited 1 times | Published
for a violation of the LEO Bill of Rights. Section 447.207, Florida Statutes (2009), establishes the Commission’s
937 So. 2d 226, 2006 Fla. App. LEXIS 14710, 2006 WL 2520919
District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 1513121
Cited 1 times | Published
before the Commission conducted pursuant to section 447.207(6) of the Florida Statutes (2005), Local 3178
595 So. 2d 1087, 1992 Fla. App. LEXIS 2726, 1992 WL 51246
District Court of Appeal of Florida | Filed: Mar 20, 1992 | Docket: 64666119
Cited 1 times | Published
argues it does not exceed its authority under section 447.207(1) and (6) which, it contends, authorized it
331 So. 2d 342
District Court of Appeal of Florida | Filed: May 3, 1976 | Docket: 1685608
Cited 1 times | Published
the defendant Commission is authorized, under F.S. 447.207(6) to investigate charges of striking by public
145 So. 3d 123, 38 I.E.R. Cas. (BNA) 700, 2014 Fla. App. LEXIS 8115, 2014 WL 2199805
District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60242620
Published
See Brown, 969 So.2d at 557. Pursuant to Section 447.207(8), Florida Statutes, PERC is expressly designated
63 So. 3d 788, 2011 Fla. App. LEXIS 5344, 2011 WL 1414039
District Court of Appeal of Florida | Filed: Apr 14, 2011 | Docket: 60301164
Published
System in the manner provided in s. 110.227.” § 447.207(8), Fla. Stat. (2009). Such appeals often turn
954 So. 2d 681, 2007 WL 1093478
District Court of Appeal of Florida | Filed: Apr 13, 2007 | Docket: 1651962
Published
ORFINGER and LAWSON, JJ., concur.
NOTES
[1] Section 447.207(2), Florida Statutes, requires an employee
927 So. 2d 28, 179 L.R.R.M. (BNA) 2426, 2006 Fla. App. LEXIS 4323, 2006 WL 756081
District Court of Appeal of Florida | Filed: Mar 27, 2006 | Docket: 64844189
Published
§ 447.201, Fla. Stat. (2001). Pursuant to section 447.207(6), Florida Statutes (2001), PERC has been
894 So. 2d 276, 2005 Fla. App. LEXIS 48, 2005 WL 127083
District Court of Appeal of Florida | Filed: Jan 7, 2005 | Docket: 64836175
Published
after receiving notice of the dismissal. See § 447.207(8), Fla. Stat. (1999). However, this time period
Florida Attorney General Reports | Filed: Jul 8, 1999 | Docket: 3258299
Published
obtaining evidence for appeals filed under section 447.207, Florida Statutes. The statute contains penalty
726 So. 2d 389, 1999 Fla. App. LEXIS 1406
District Court of Appeal of Florida | Filed: Feb 15, 1999 | Docket: 64786243
Published
notice of appeal with PERC as authorized by section 447.207(8), Florida Statutes (1995). Ensuing proceedings
644 So. 2d 99, 1994 Fla. App. LEXIS 8671, 1994 WL 483443
District Court of Appeal of Florida | Filed: Sep 8, 1994 | Docket: 64751580
Published
mention or otherwise include “layoffs.” Compare § 447.207(8), Fla.Stats. (1993) (authorizing PERC to hear
642 So. 2d 44, 1994 Fla. App. LEXIS 8444, 1994 WL 460724
District Court of Appeal of Florida | Filed: Aug 19, 1994 | Docket: 64750615
Published
suggest in FOP Miami Lodge that, pursuant to section 447.207(6), PERC has the power to create a “statement
568 So. 2d 475, 1990 Fla. App. LEXIS 7587, 1990 WL 146894
District Court of Appeal of Florida | Filed: Oct 4, 1990 | Docket: 64653809
Published
preference appeal which he filed pursuant to Section 447.207(9), Florida Statutes. Appellant alleged that
531 So. 2d 994, 13 Fla. L. Weekly 2157, 1988 Fla. App. LEXIS 4133, 1988 WL 94265
District Court of Appeal of Florida | Filed: Sep 15, 1988 | Docket: 64637366
Published
appealed his dismissal, under provisions of section 447.207(8); Florida Statutes (1985). The hearing officer
Florida Attorney General Reports | Filed: Mar 21, 1988 | Docket: 3258025
Published
disqualified from employment.
AS TO QUESTION 1:
Section 447.207(8), F.S., provides that the commission
497 So. 2d 665, 11 Fla. L. Weekly 2150, 1986 Fla. App. LEXIS 10130
District Court of Appeal of Florida | Filed: Oct 14, 1986 | Docket: 64622986
Published
agent for a proposed bargaining unit.
Further, section 447.207(6) provides:
[T]he commission shall resolve
432 So. 2d 79, 1983 Fla. App. LEXIS 19919
District Court of Appeal of Florida | Filed: Apr 13, 1983 | Docket: 64597259
Published
duties of that Commission are spelled out in Section 447.-207 and they include, among other things, the
424 So. 2d 837, 8 Educ. L. Rep. 898, 1982 Fla. App. LEXIS 22233
District Court of Appeal of Florida | Filed: Nov 17, 1982 | Docket: 64594499
Published
petition for declaratory statement1 pursuant to Section 447.207(7), Florida Statutes (1979), and Florida Administrative
