Florida Statute 447.207 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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) 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.

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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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 Citing Statute 447.207

Total Results: 20

Delong v. Florida Fish & Wildlife Conservation Commission

Court: District Court of Appeal of Florida | Date Filed: 2014-05-28

Citation: 145 So. 3d 123, 38 I.E.R. Cas. (BNA) 700, 2014 Fla. App. LEXIS 8115, 2014 WL 2199805

Snippet: their dismissal from employment. §§ 110.227(5)(a); 447.207(8), Fla. Stat (2012). An employee who has not attained

School District of Collier County v. Fuqua

Court: District Court of Appeal of Florida | Date Filed: 2014-02-05

Citation: 136 So. 3d 687, 2014 WL 444034, 2014 Fla. App. LEXIS 1421

Snippet: order urging dismissal of the complaint. See § 447.207(9)(c), Fla. Stat. (2012). When a job candidate

Pesta v. Department of Corrections

Court: District Court of Appeal of Florida | Date Filed: 2011-04-14

Citation: 63 So. 3d 788, 2011 Fla. App. LEXIS 5344, 2011 WL 1414039

Snippet: System in the manner provided in s. 110.227.” § 447.207(8), Fla. Stat. (2009). Such appeals often turn

McQuade v. Florida Department of Corrections

Court: District Court of Appeal of Florida | Date Filed: 2010-11-30

Citation: 51 So. 3d 489, 31 I.E.R. Cas. (BNA) 1009, 2010 Fla. App. LEXIS 18677, 2010 WL 4829816

Snippet: a violation of the LEO Bill of Rights. Section 447.207, Florida Statutes (2009), establishes the Commission’s

Menegat v. City of Apopka

Court: District Court of Appeal of Florida | Date Filed: 2007-04-13

Citation: 954 So. 2d 681, 2007 WL 1093478

Snippet: ORFINGER and LAWSON, JJ., concur. NOTES [1] Section 447.207(2), Florida Statutes, requires an employee organization

Miami Beach v. PUBLIC EMPLOYEES RELATIONS

Court: District Court of Appeal of Florida | Date Filed: 2006-09-01

Citation: 937 So. 2d 226, 2006 Fla. App. LEXIS 14710, 2006 WL 2520919

Snippet: before the Commission conducted pursuant to section 447.207(6) of the Florida Statutes (2005), Local 3178 argued

Fuller v. Department of Education

Court: District Court of Appeal of Florida | Date Filed: 2006-03-27

Citation: 927 So. 2d 28, 179 L.R.R.M. (BNA) 2426, 2006 Fla. App. LEXIS 4323, 2006 WL 756081

Snippet: 447.201, Fla. Stat. (2001). Pursuant to section 447.207(6), Florida Statutes (2001), PERC has been delegated

State, Department of Corrections v. Chesnut

Court: District Court of Appeal of Florida | Date Filed: 2005-01-07

Citation: 894 So. 2d 276, 2005 Fla. App. LEXIS 48, 2005 WL 127083

Snippet: after receiving notice of the dismissal. See § 447.207(8), Fla. Stat. (1999). However, this time period

Dickens v. Department of Juvenile Justice

Court: District Court of Appeal of Florida | Date Filed: 2002-09-13

Citation: 830 So. 2d 135, 2002 Fla. App. LEXIS 13274, 2002 WL 31039464

Snippet: agency head”). PERC’s construction of sections 447.207(8) and 110.227(5)(a), Florida Statutes (2001),

Ago

Court: Florida Attorney General Reports | Date Filed: 1999-07-08

Snippet: obtaining evidence for appeals filed under section 447.207, Florida Statutes. The statute contains penalty

Mathis v. Florida Department of Corrections

Court: District Court of Appeal of Florida | Date Filed: 1999-02-15

Citation: 726 So. 2d 389, 1999 Fla. App. LEXIS 1406

Snippet: notice of appeal with PERC as authorized by section 447.207(8), Florida Statutes (1995). Ensuing proceedings

Mathis v. Florida Dept. of Corrections

Court: District Court of Appeal of Florida | Date Filed: 1999-02-15

Citation: 726 So. 2d 389, 1999 WL 69631

Snippet: notice of appeal with PERC as authorized by section 447.207(8), Florida Statutes (1995). Ensuing proceedings

Dept. of Agriculture v. Edwards

Court: District Court of Appeal of Florida | Date Filed: 1995-05-05

Citation: 654 So. 2d 628, 1995 WL 258910

Snippet: permanent career service employee, pursuant to section 447.207(8), Florida Statutes. In the course of such an

FLA. EMPLOY. COUNCIL 79 v. Daniels

Court: District Court of Appeal of Florida | Date Filed: 1994-12-08

Citation: 646 So. 2d 813, 1994 WL 681857

Snippet: court to compel their testimony pursuant to § 447.207(3), Florida Statutes. AFSCME filed an action in

Department of Health & Rehabilitative Services v. Ford

Court: District Court of Appeal of Florida | Date Filed: 1994-09-08

Citation: 644 So. 2d 99, 1994 Fla. App. LEXIS 8671, 1994 WL 483443

Snippet: mention or otherwise include “layoffs.” Compare § 447.207(8), Fla.Stats. (1993) (authorizing PERC to hear

Citrus County v. Citrus County Professional Paramedic/EMT

Court: District Court of Appeal of Florida | Date Filed: 1994-08-19

Citation: 642 So. 2d 44, 1994 Fla. App. LEXIS 8444, 1994 WL 460724

Snippet: suggest in FOP Miami Lodge that, pursuant to section 447.207(6), PERC has the power to create a “statement of

Jenkins v. STATE, DEPT. OF HEALTH & REHAB. SERVICES

Court: District Court of Appeal of Florida | Date Filed: 1993-04-27

Citation: 618 So. 2d 749, 1993 WL 128848

Snippet: Tomlinson, 558 So.2d at 65. Pursuant to section 447.207(8), Fla. Stat. (1989), PERC has exclusive jurisdiction

City of Orlando v. Central Florida Police Benevolent Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1992-03-20

Citation: 595 So. 2d 1087, 1992 Fla. App. LEXIS 2726, 1992 WL 51246

Snippet: it does not exceed its authority under section 447.207(1) and (6) which, it contends, authorized it to

State, Department of Health & Rehabilitative Services v. Muniz

Court: District Court of Appeal of Florida | Date Filed: 1991-06-11

Citation: 580 So. 2d 886, 1991 Fla. App. LEXIS 5379

Snippet: disciplinary action to PERC. See §§ 110.-227, 447.207-.208, Fla.Stat. (1989). After a hearing before

Harris v. State, Public Employees Relations Commission

Court: District Court of Appeal of Florida | Date Filed: 1990-10-04

Citation: 568 So. 2d 475, 1990 Fla. App. LEXIS 7587, 1990 WL 146894

Snippet: preference appeal which he filed pursuant to Section 447.207(9), Florida Statutes. Appellant alleged that Sarasota