Florida Statute 447.208 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

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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.

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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: District Court of Appeal of Florida | Date Filed: 2007-07-24

Citation: 961 So. 2d 1050, 2007 Fla. App. LEXIS 11367, 2007 WL 2089266

Snippet: consideration of four statutory criteria. See § 447.208(3)(d), Fla. Stat. (2000); see also Bamawo v. Dep't

Doyle v. DEPT. OF BUSINESS REGULATION

Court: District Court of Appeal of Florida | Date Filed: 2001-09-06

Citation: 794 So. 2d 686, 2001 WL 1013598

Snippet: AS TO ATTORNEY'S FEES PERC asserts that section 447.208(3)(e), Florida Statutes, gives it the authority

Bamawo v. Department of Corrections

Court: District Court of Appeal of Florida | Date Filed: 2001-04-25

Citation: 785 So. 2d 610, 2001 Fla. App. LEXIS 5520, 2001 WL 418565

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

State, Department of Transportation v. Plummer

Court: District Court of Appeal of Florida | Date Filed: 2001-01-10

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

Goss v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2000-11-21

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: District Court of Appeal of Florida | Date Filed: 2000-02-04

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

Gaston v. Department of Revenue

Court: District Court of Appeal of Florida | Date Filed: 1999-10-20

Citation: 742 So. 2d 517, 1999 WL 933755

Snippet: entitlement to attorney fees was premised upon section 447.208(3)(e), Florida Statutes. At the outset, we are

Rawls v. Public Employees Relations Commission

Court: District Court of Appeal of Florida | Date Filed: 1999-09-29

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

Snippet: disparate treatment. Florida Statutes, section 447.208(3)(d) (1997) sets forth the parameters of PERC’s

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

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

Nordheim v. Dept. of Env. Protection

Court: District Court of Appeal of Florida | Date Filed: 1998-09-16

Citation: 719 So. 2d 1212

Snippet: application of the mitigation criteria in section 447.208(3)(d), Florida Statutes (1995),[2] Nordheim's discharge

Doyle v. DEPARTMENT OF BUSINESS

Court: District Court of Appeal of Florida | Date Filed: 1998-06-17

Citation: 713 So. 2d 1040, 1998 WL 316555

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

Pipping v. Department of Corrections

Court: District Court of Appeal of Florida | Date Filed: 1997-09-18

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

STATE, DLES v. Jones

Court: District Court of Appeal of Florida | Date Filed: 1995-08-21

Citation: 660 So. 2d 282, 1995 WL 307154

Snippet: statutory authority for such an award. Section 447.208(3)(e), Florida Statutes, authorizes PERC to include

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: to back pay, attorney’s fees and costs. Section 447.208(3)(e), Florida Statutes (1993), authorizes an award

DEPT. OF HIGHWAY SAFETY v. Silva

Court: District Court of Appeal of Florida | Date Filed: 1993-12-14

Citation: 627 So. 2d 612, 1993 WL 513191

Snippet: abuse of the discretion granted PERC by section 447.208(3), Florida Statutes (1991). Concluding that the

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: 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: District Court of Appeal of Florida | Date Filed: 1993-02-05

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

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

Court: District Court of Appeal of Florida | Date Filed: 1991-11-26

Citation: 590 So. 2d 484, 1991 WL 253379

Snippet: the HRS abuse registry. See generally, section 447.208(1), Florida Statutes (1989). On June 11, 1990,

Quinn v. Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1991-11-13

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