Florida Statutes
Fla. Stat. § 447.208 (2025)
Procedure with respect to certain appeals under s. 447.207.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 28
cases, 1987–2007 · leading case: Doyle v. Dept. of Bus. Reg., 794 So. 2d 686 (Fla. 1st DCA 2001).
Doyle v. Dept. of Bus. Reg., 794 So. 2d 686 (Fla. 1st DCA 2001). “PERC'S ERRONEOUS REJECTION OF THE STIPULATION AS TO ATTORNEY'S FEES PERC asserts that section 447.208(3)(e), Florida Statutes, gives it the authority to reject virtually any settlement agreement for attorney's fees in a state Career Service System case.”
Gaston v. Dep't of Revenue, 742 So. 2d 517 (Fla. 1st DCA 1999). “§ 447.208(3)(e), Fla. Stat. (1997). In its most recent session, the legislature amended that paragraph by adding the following language to the end: In determining the amount of an attorney's fee, the commission shall consider *520 only the number of hours reasonably spent on the…”
Smith v. Florida Dept. of Corr., 961 So. 2d 1050 (Fla. 1st DCA 2007). “Significantly, the Legislature removed all discretion with regard to the degree of punishment, except in cases involving law enforcement or correctional officers, firefighters, and professional health care providers.”
Mclaughlin v. State, Dept. of Nat. Res., 526 So. 2d 934 (Fla. 1st DCA 1988). “" Subsection (e) states that: Any order of the commission issued pursuant to this subsection 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…”
Tomlinson v. DHRS, 558 So. 2d 62 (Fla. 2d DCA 1990). “§ 447.208(3)(c), Fla. Stat. (1987). DOA, on the other hand, simply approves or rejects the determination of abandonment.”
Nordheim v. Dept. of Env. Prot., 719 So. 2d 1212 (Fla. 5th DCA 1998). “After a three day hearing, the hearing officer found that the agency had cause to take disciplinary action against Nordheim for negligence, and that, upon application of the mitigation criteria in section 447.208(3)(d), Florida Statutes (1995), [2] Nordheim's discharge should…”
Mathis v. Florida Dept. of Corr., 726 So. 2d 389 (Fla. 1st DCA 1999). “[7] PERC terminated an ongoing case as a sanction for missing a deadline not unlike deadlines discovery orders sometimes lay down.”
Gonzalez v. Florida Dep't of High. Saf. & Motor Vehs., Div. of Florida High. Patrol, 237 F. Supp. 2d 1338 (S.D. Fla. 2002). “§ 447.208(3)(d)(l). On February 3, 1998, .”
Pipping v. Dep't of Corr., 700 So. 2d 721 (Fla. 1st DCA 1997). “This is an appeal from an order of the Public Employees Relations Commission (PERC), which denied appellant, David Pipping, prevailing-party attorney’s fees, authorized pursuant to section 447.208(3)(e), Florida Statutes (1995).”
Jenkins v. State, Dept. of Health & Rehab. Servs., 618 So. 2d 749 (Fla. 1st DCA 1993). “The court further noted that the jurisdictional issue is significant, because PERC has authority to invoke less severe penalties than dismissal, see § 447.208(3)(c), Fla. Stat. (1989), while the DOA may simply approve or reject the determination of abandonment.”
Doyle v. Dep't of Bus., 713 So. 2d 1040 (Fla. 1st DCA 1998). “NOTES [1] Pursuant to section 447.208, Florida Statutes (1995), PERC is the administrative body charged with hearing appeals arising out of the dismissal of any permanent employee in the state career service system.”
Florida Dept. of Corr. v. Provin, 515 So. 2d 302 (Fla. 1st DCA 1987). “Chapter 86-163, Section 84, Laws of Florida, created Section 447.208, Florida Statutes (Supp. 1986); subsection (3)(d) thereof limits the discretion of the reviewing agency (now transferred to the Florida Public Employees Relations Commission), in reducing dismissals and…”
— 447.208(1) — 1 case
Dept. of Health & Rehab. Serv. v. Gordon, 590 So. 2d 484 (Fla. 1st DCA 1991).
— 447.208(3) — 4 cases
Dept. of High. Saf. v. Silva, 627 So. 2d 612 (Fla. 1st DCA 1993).
State, Dep't of Transp. v. Plummer, 774 So. 2d 945 (Fla. 1st DCA 2001).
Solomon v. Dep't of Transp., 541 So. 2d 691 (Fla. 1st DCA 1989).
Witt v. Dep't of Corr., 538 So. 2d 1280 (Fla. 1st DCA 1989).
— 447.208(3)(a) — 1 case
Lavery v. Dept. of High. Saf. & Motor Vehs., 523 So. 2d 696 (Fla. 1st DCA 1988).
— 447.208(3)(b) — 2 cases
Mclaughlin v. State, Dept. of Nat. Res., 526 So. 2d 934 (Fla. 1st DCA 1988). “" Subsection (e) states that: Any order of the commission issued pursuant to this subsection 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…”
Florida Dep't of Law Enf't v. Stanley, 566 So. 2d 20 (Fla. 1st DCA 1990).
— 447.208(3)(c) — 3 cases
Tomlinson v. DHRS, 558 So. 2d 62 (Fla. 2d DCA 1990). “§ 447.208(3)(c), Fla. Stat. (1987). DOA, on the other hand, simply approves or rejects the determination of abandonment.”
Jenkins v. State, Dept. of Health & Rehab. Servs., 618 So. 2d 749 (Fla. 1st DCA 1993). “The court further noted that the jurisdictional issue is significant, because PERC has authority to invoke less severe penalties than dismissal, see § 447.208(3)(c), Fla. Stat. (1989), while the DOA may simply approve or reject the determination of abandonment.”
Solomon v. Dep't of Transp., 541 So. 2d 691 (Fla. 1st DCA 1989).
— 447.208(3)(d) — 8 cases
Smith v. Florida Dept. of Corr., 961 So. 2d 1050 (Fla. 1st DCA 2007). “Significantly, the Legislature removed all discretion with regard to the degree of punishment, except in cases involving law enforcement or correctional officers, firefighters, and professional health care providers.”
Nordheim v. Dept. of Env. Prot., 719 So. 2d 1212 (Fla. 5th DCA 1998). “After a three day hearing, the hearing officer found that the agency had cause to take disciplinary action against Nordheim for negligence, and that, upon application of the mitigation criteria in section 447.208(3)(d), Florida Statutes (1995), [2] Nordheim's discharge should…”
Dept. of Health & Rehab. Serv. v. Gordon, 590 So. 2d 484 (Fla. 1st DCA 1991).
Rawls v. Pub. Employees Relations Comm'n, 743 So. 2d 592 (Fla. 4th DCA 1999).
Goss v. Dep't of Child. & Families, 771 So. 2d 601 (Fla. 1st DCA 2000).
— 447.208(3)(d)(l) — 1 case
Gonzalez v. Florida Dep't of High. Saf. & Motor Vehs., Div. of Florida High. Patrol, 237 F. Supp. 2d 1338 (S.D. Fla. 2002). “§ 447.208(3)(d)(l). On February 3, 1998, .”
— 447.208(3)(e) — 11 cases
Doyle v. Dept. of Bus. Reg., 794 So. 2d 686 (Fla. 1st DCA 2001). “PERC'S ERRONEOUS REJECTION OF THE STIPULATION AS TO ATTORNEY'S FEES PERC asserts that section 447.208(3)(e), Florida Statutes, gives it the authority to reject virtually any settlement agreement for attorney's fees in a state Career Service System case.”
Gaston v. Dep't of Revenue, 742 So. 2d 517 (Fla. 1st DCA 1999). “§ 447.208(3)(e), Fla. Stat. (1997). In its most recent session, the legislature amended that paragraph by adding the following language to the end: In determining the amount of an attorney's fee, the commission shall consider *520 only the number of hours reasonably spent on the…”
Mathis v. Florida Dept. of Corr., 726 So. 2d 389 (Fla. 1st DCA 1999). “[7] PERC terminated an ongoing case as a sanction for missing a deadline not unlike deadlines discovery orders sometimes lay down.”
Pipping v. Dep't of Corr., 700 So. 2d 721 (Fla. 1st DCA 1997). “This is an appeal from an order of the Public Employees Relations Commission (PERC), which denied appellant, David Pipping, prevailing-party attorney’s fees, authorized pursuant to section 447.208(3)(e), Florida Statutes (1995).”
State, Dles v. Jones, 660 So. 2d 282 (Fla. 1st DCA 1995).
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