447.207
Commission; powers and duties.
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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.
(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.
Notes of Decisions
Cited in 30
cases, 1976–2014 · leading case: McQuade v. Florida Department of Corrections
McQuade v. Florida Department of Corrections (2010)
“Section 447.207, Florida Statutes (2009), establishes the Commission's powers and duties.”
Mathis v. Florida Dept. of Corrections (1999)
“t PERC, when confronted with certain "misbehavior," PERC 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…”
Florida Dept. of Corrections v. Bradley (1987)
“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.”
Palm Beach Jr. College v. UNITED FACULTY ETC. (1982)
“We are not prepared to state on this record that PERC's interpretation of the respective statutes was clearly erroneous, unreasonable or in conflict with some provision of the constitution or the plain intent of the statutes involved.”
Tomlinson v. DHRS (1990)
“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). When a separation results from a voluntary resignation, it may well fall outside…”
Dept. of Agriculture v. Edwards (1995)
“The hearing officer further noted that disciplinary records and information are not included in the items specifically exempt from disclosure by section 119.”
Manatee Cty. v. Fla. Public Emp. Relations (1980)
“201, Florida Statutes, and powers and duties conferred upon the Commission, Section 447.207, Florida Statutes. [4] Although the nonacceptance of stipulations is not suggested or encouraged, the position of the agency might well be a matter requiring adoption of a rule, Section…”
Seitz v. DUVAL CTY. SCH. BD. (1977)
“Section 447.207, Florida Statutes (1975); Maxwell v.”
Pesta v. Department of Corrections (2011)
“Pesta was a career service employee who had not, however, completed a one-year probationary period in her then current position.”
Fuller v. Department of Education (2006)
“Pursuant to section 447.207(6), Florida Statutes (2001), PERC has been delegated the power to “determine or approve units appropriate for purposes of collective bargaining.”
City of Miami v. FOP, MIAMI LODGE 20 (1987)
“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.”
Jenkins v. STATE, DEPT. OF HEALTH & REHAB. SERVICES (1993)
“See § 447.207(8) and (10), Fla. Stat. (1989).”
— 447.207(1) — 2 cases
— 447.207(2) — 1 case
Menegat v. City of Apopka (2007)
— 447.207(3) — 3 cases
Mathis v. Florida Dept. of Corrections (1999)
“t PERC, when confronted with certain "misbehavior," PERC 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…”
— 447.207(6) — 7 cases
Fuller v. Department of Education (2006)
“Pursuant to section 447.207(6), Florida Statutes (2001), PERC has been delegated the power to “determine or approve units appropriate for purposes of collective bargaining.”
City of Miami v. FOP, MIAMI LODGE 20 (1987)
“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.”
— 447.207(7) — 1 case
— 447.207(8) — 13 cases
McQuade v. Florida Department of Corrections (2010)
“Section 447.207, Florida Statutes (2009), establishes the Commission's powers and duties.”
Florida Dept. of Corrections v. Bradley (1987)
“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.”
Dept. of Agriculture v. Edwards (1995)
“The hearing officer further noted that disciplinary records and information are not included in the items specifically exempt from disclosure by section 119.”
Pesta v. Department of Corrections (2011)
“Pesta was a career service employee who had not, however, completed a one-year probationary period in her then current position.”
Mathis v. Florida Dept. of Corrections (1999)
“t PERC, when confronted with certain "misbehavior," PERC 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…”
— 447.207(8)(10) — 1 case
Tomlinson v. DHRS (1990)
“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). When a separation results from a voluntary resignation, it may well fall outside…”
— 447.207(9) — 1 case
— 447.207(9)(c) — 1 case
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