Florida Statute 447.208 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

View Entire Chapter

F.S. 447.208

447.208 Procedure with respect to certain appeals under s. 447.207.—

(1) Any person filing an appeal pursuant to subsection (9) of s. 447.207 shall be entitled to a hearing pursuant to subsections (4) and (5) of s. 447.503 and in accordance with chapter 120; however, the hearing shall be conducted within 30 days of the filing of an appeal with the commission, unless an extension of time is granted by the commission for good cause. Discovery may be granted only upon a showing of extraordinary circumstances. A party requesting discovery shall demonstrate a substantial need for the information requested and an inability to obtain relevant information by other means. To the extent that chapter 120 is inconsistent with these provisions, the procedures contained in this section shall govern.

(2) This section does not prohibit any person from representing himself or herself in proceedings before the commission or from being represented by legal counsel or by any individual who qualifies as a representative pursuant to rules promulgated and adopted by the commission.

(3) Any order of the commission issued under this section may include back pay, if applicable, and an amount, to be determined by the commission and paid by the agency, for reasonable attorney’s fees, witness fees, and other out-of-pocket expenses incurred during the prosecution of an appeal against an agency in which the commission sustains the employee. In determining the amount of an attorney’s fee, the commission shall consider only the number of hours reasonably spent on the appeal, comparing the number of hours spent on similar cases and the reasonable hourly rate charged in the geographic area for similar appeals, but not including litigation over the amount of the attorney’s fee. This paragraph applies to future and pending cases.

History.—s. 84, ch. 86-163; s. 37, ch. 87-238; s. 31, ch. 91-57; s. 2, ch. 91-151; s. 49, ch. 95-228; s. 134, ch. 95-418; s. 153, ch. 97-103; s. 54, ch. 99-399; s. 100, ch. 2000-349; s. 38, ch. 2001-43.

F.S. 447.208 on Google Scholar

F.S. 447.208 on Casetext

Amendments to 447.208

Arrestable Offenses / Crimes under Fla. Stat. 447.208

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.208.

Annotations, Discussions, Cases:

Cases Citing Statute 447.208

Total Results: 20

Smith v. Florida Dept. of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 2007-07-24T00:53:00-07:00

Citation: 961 So. 2d 1050

Snippet: in section 447.208(3)(d). See ch.2001-43, § 38, at 207, Laws of Fla. (amending § 447.208, Fla. Stat. …consideration of four statutory criteria. See § 447.208(3)(d), Fla. Stat. (2000); see also Bamawo v. Dep….2d 610, 611 (Fla. 3d DCA 2001) ("[Section 447.208(3)(d)] allows PERC the discretion to reduce dismissals…to the four criteria once contained in section 447.208(3)(d), Florida Statutes (2000). Accordingly, when

Doyle v. DEPT. OF BUSINESS REGULATION

Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-06T00:53:00-07:00

Citation: 794 So. 2d 686

Snippet: ATTORNEY'S FEES PERC asserts that section 447.208(3)(e), Florida Statutes, gives it the authority…in a state Career Service System case. Section 447.208(3)(e), Florida Statutes states: Any order of the…not due any deference from this court. Section 447.208(3)(e), Florida Statutes, applies when PERC is called… due process. Because PERC interpreted section 447.208(3)(e), Florida Statutes, as giving it the responsibility…the present stipulation as contrary to section 447.208(3)(e). Here PERC had no basis to reject the stipulation

Bamawo v. Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 2001-04-25T00:53:00-07:00

Citation: 785 So. 2d 610

Snippet: in its discretionary authority under paragraph 447.208(3)(d), Florida Statutes. That statute allows PERC

State, Department of Transportation v. Plummer

Court: Fla. Dist. Ct. App. | Date Filed: 2001-01-10T00:00:00-08:00

Citation: 774 So. 2d 945, 17 I.E.R. Cas. (BNA) 316, 2001 Fla. App. LEXIS 91, 2001 WL 20775

Snippet: to the mitigation criteria contained in section 447.208(3), Florida Statutes. In response to DOT’s appeal…issued an interim order determining that section 447.208(3) is inapplicable to a Drug-Free Workplace appeal

Goss v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2000-11-21T00:00:00-08:00

Citation: 771 So. 2d 601, 2000 Fla. App. LEXIS 15178, 2000 WL 1724992

Snippet: Department of Children and Families. Under section 447.208(3)(d), Florida Statutes (1997), whether Goss’ dismissal

Department of Business & Professional Regulation v. Doyle

Court: Fla. Dist. Ct. App. | Date Filed: 2000-02-04T00:00:00-08:00

Citation: 750 So. 2d 746, 2000 Fla. App. LEXIS 933, 2000 WL 125963

Snippet: an award of back pay and benefits under section 447.208(3)(e), Fla. Stat. (1997), as articulated in the…determined as instructed in the Final Order. § 447.208(3)(e). See Kulhari v. Department of Transportation

Gaston v. Department of Revenue

Court: Fla. Dist. Ct. App. | Date Filed: 1999-10-20T00:53:00-07:00

Citation: 742 So. 2d 517

Snippet: entitlement to attorney fees was premised upon section 447.208(3)(e), Florida Statutes. At the outset, we are …at all relevant times before that date, section 447.208(3)(e) read: Any order of the commission [i.e., … which the commission sustains the employee. § 447.208(3)(e), Fla. Stat. (1997). In its most recent session… DOR argue that the amended version of section 447.208(3)(e) applies because the legislature has expressly…is pending before it. The amendment to section 447.208(3)(e) did not become effective until June 30, 1999

Rawls v. Public Employees Relations Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1999-09-29T00:00:00-07:00

Citation: 743 So. 2d 592, 1999 Fla. App. LEXIS 12712, 1999 WL 767428

Snippet: warranted under the third factor in section 447.208(3)(d). § 447.208(3)(d)3, Fla. Stat. (1997). We disagree…disparate treatment. Florida Statutes, section 447.208(3)(d) (1997) sets forth the parameters of PERC’… substantially contributed to the violation. § 447.208(3)(d), Fla. Stat. (1997). The employee has the

Mathis v. Florida Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 1999-02-15T00:00:00-08:00

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

Snippet: administrative appeal he had duly instituted. Section 447.208(3)(e), Florida Statutes (1995), provides: “Any

Mathis v. Florida Dept. of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 1999-02-14T23:53:00-08:00

Citation: 726 So. 2d 389

Snippet: administrative appeal he had duly instituted. Section 447.208(3)(e), Florida Statutes (1995), provides: "

Nordheim v. Dept. of Env. Protection

Court: Fla. Dist. Ct. App. | Date Filed: 1998-09-16T00:53:00-07:00

Citation: 719 So. 2d 1212

Snippet: application of the mitigation criteria in section 447.208(3)(d), Florida Statutes (1995),[2] Nordheim'…because the device was disconnected. [2] Section 447.208(3)(d) states: (3) With respect to hearings relating

Doyle v. DEPARTMENT OF BUSINESS

Court: Fla. Dist. Ct. App. | Date Filed: 1998-06-17T00:53:00-07:00

Citation: 713 So. 2d 1040

Snippet: PADOVANO, JJ., concur. NOTES [1] Pursuant to section 447.208, Florida Statutes (1995), PERC is the administrative

Pipping v. Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 1997-09-18T00:00:00-07:00

Citation: 700 So. 2d 721, 1997 Fla. App. LEXIS 10627, 1997 WL 574628

Snippet: attorney’s fees, authorized pursuant to section 447.208(3)(e), Florida Statutes (1995).1 Pipping contends…fees against the employing agency under section 447.208(3)(e), after PERC had reduced the *722employee’

STATE, DLES v. Jones

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-21T00:53:00-07:00

Citation: 660 So. 2d 282

Snippet: statutory authority for such an award. Section 447.208(3)(e), Florida Statutes, authorizes PERC to include…Statutes, may be read in connection with section 447.208(3)(e) (which does not, strictly speaking, provide

Department of Health & Rehabilitative Services v. Ford

Court: Fla. Dist. Ct. App. | Date Filed: 1994-09-08T00:00:00-07:00

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

Snippet: to back pay, attorney’s fees and costs. Section 447.208(3)(e), Florida Statutes (1993), authorizes an award…pay, attorney’s fees and costs based on section 447.208(3)(e) by characterizing appel-lee’s layoff as a…(8), and chose to exclude layoffs from section 447.208(3)(e). In accordance with the plain wording of

DEPT. OF HIGHWAY SAFETY v. Silva

Court: Fla. Dist. Ct. App. | Date Filed: 1993-12-13T23:53:00-08:00

Citation: 627 So. 2d 612

Snippet: abuse of the discretion granted PERC by section 447.208(3), Florida Statutes (1991). Concluding that the…demonstrating entitlement to mitigation under section 447.208(3), Florida Statutes. PERC's decision to mitigate

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

Court: Fla. Dist. Ct. App. | Date Filed: 1993-04-27T00:53:00-07:00

Citation: 618 So. 2d 749

Snippet: invoke less severe penalties than dismissal, see § 447.208(3)(c), Fla. Stat. (1989), while the DOA may simply

Jimenez v. Public Employees Relations Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1993-02-05T00:00:00-08:00

Citation: 616 So. 2d 465, 1993 WL 24492

Snippet: request for attorney’s fees and costs. Section 447.208(3)(e), Florida Statutes (1991), the controlling…Florida Statutes (1977), predecessor to section 447.-208(3)(e), Florida Statutes, the district court found

DEPT. OF HEALTH & REHAB. SERV. v. Gordon

Court: Fla. Dist. Ct. App. | Date Filed: 1991-11-25T23:53:00-08:00

Citation: 590 So. 2d 484

Snippet: the HRS abuse registry. See generally, section 447.208(1), Florida Statutes (1989). On June 11, 1990, …application of the mitigation criteria found in section 447.208(3)(d).[1] The hearing officer filed his supplemental…application of the mitigating factors in section 447.208(3)(d) and directed the hearing officer to reconsider…interpretation of the legislative intent by way of section 447.208(3)(d)1., allowing the commission in its discretion…ERVIN and SHIVERS, JJ., concur. NOTES [1] Section 447.208(3)(d) provides the following: (d) The commission

Quinn v. Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1991-11-13T00:00:00-08:00

Citation: 588 So. 2d 1074, 1991 Fla. App. LEXIS 11184, 1991 WL 231862

Snippet: to this court. We reverse and remand. Section 447.208(3)(e), Florida Statutes (1989) permits the commission