Florida Statute 447.208 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 447.208

Total Results: 29

Doyle v. DEPT. OF BUSINESS REGULATION

794 So. 2d 686, 2001 WL 1013598

District Court of Appeal of Florida | Filed: Sep 6, 2001 | Docket: 1738028

Cited 13 times | Published

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

Gonzalez v. Florida Department of Highway Safety & Motor Vehicles, Division of Florida Highway Patrol

237 F. Supp. 2d 1338, 2002 U.S. Dist. LEXIS 16274, 2002 WL 1575590

District Court, S.D. Florida | Filed: Feb 6, 2002 | Docket: 2276937

Cited 10 times | Published

over twenty different employees. See Fla. Stat. § 447.208(3)(d)(1). On February 3, 1998, the hearing officer

Mathis v. Florida Dept. of Corrections

726 So. 2d 389, 1999 WL 69631

District Court of Appeal of Florida | Filed: Feb 15, 1999 | Docket: 1711514

Cited 7 times | Published

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

McLaughlin v. STATE, DEPT. OF NAT. RES.

526 So. 2d 934, 1988 WL 47244

District Court of Appeal of Florida | Filed: May 11, 1988 | Docket: 125264

Cited 6 times | Published

was wrongful and not based upon just cause. Section 447.208(3)(b), Florida Statutes (1987) states that

Nordheim v. Dept. of Env. Protection

719 So. 2d 1212, 1998 WL 618623

District Court of Appeal of Florida | Filed: Sep 16, 1998 | Docket: 1705124

Cited 5 times | Published

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

Florida Dept. of Corrections v. Provin

515 So. 2d 302, 12 Fla. L. Weekly 2498, 1987 Fla. App. LEXIS 10801

District Court of Appeal of Florida | Filed: Oct 28, 1987 | Docket: 1467489

Cited 5 times | Published

86-163, Section 84, Laws of Florida, created Section 447.208, Florida Statutes (Supp. 1986); subsection

Gaston v. Department of Revenue

742 So. 2d 517, 1999 WL 933755

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 1303372

Cited 4 times | Published

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

Tomlinson v. DHRS

558 So. 2d 62, 1990 WL 7533

District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 1404809

Cited 4 times | Published

penalties which are less severe than dismissal. § 447.208(3)(c), Fla. Stat. (1987). DOA, on the other hand

Smith v. Florida Dept. of Corrections

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

District Court of Appeal of Florida | Filed: Jul 24, 2007 | Docket: 1515779

Cited 2 times | Published

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

Doyle v. DEPARTMENT OF BUSINESS

713 So. 2d 1040, 1998 WL 316555

District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 1732646

Cited 2 times | Published

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

DEPT. OF HIGHWAY SAFETY v. Silva

627 So. 2d 612, 1993 WL 513191

District Court of Appeal of Florida | Filed: Dec 14, 1993 | Docket: 1337382

Cited 2 times | Published

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

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

618 So. 2d 749, 1993 WL 128848

District Court of Appeal of Florida | Filed: Apr 27, 1993 | Docket: 1376371

Cited 2 times | Published

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

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

590 So. 2d 484, 1991 WL 253379

District Court of Appeal of Florida | Filed: Nov 26, 1991 | Docket: 458090

Cited 1 times | Published

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

State, Department of Transportation v. Plummer

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

District Court of Appeal of Florida | Filed: Jan 10, 2001 | Docket: 64802795

Published

related to the mitigation criteria contained in section 447.208(3), Florida Statutes. In response to DOT’s

Goss v. Department of Children & Families

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

District Court of Appeal of Florida | Filed: Nov 21, 2000 | Docket: 64801765

Published

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

Department of Business & Professional Regulation v. Doyle

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

District Court of Appeal of Florida | Filed: Feb 4, 2000 | Docket: 64794755

Published

to an award of back pay and benefits under section 447.208(3)(e), Fla. Stat. (1997), as articulated in

Rawls v. Public Employees Relations Commission

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

District Court of Appeal of Florida | Filed: Sep 29, 1999 | Docket: 64791747

Published

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

Mathis v. Florida Department of Corrections

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

District Court of Appeal of Florida | Filed: Feb 15, 1999 | Docket: 64786243

Published

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

Pipping v. Department of Corrections

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

District Court of Appeal of Florida | Filed: Sep 18, 1997 | Docket: 64776307

Published

prevailing-party attorney’s fees, authorized pursuant to section 447.208(3)(e), Florida Statutes (1995).1 Pipping contends

STATE, DLES v. Jones

660 So. 2d 282, 1995 WL 307154

District Court of Appeal of Florida | Filed: Aug 21, 1995 | Docket: 1755806

Published

no statutory authority for such an award. Section 447.208(3)(e), Florida Statutes, authorizes PERC to

Department of Health & Rehabilitative Services v. Ford

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

District Court of Appeal of Florida | Filed: Sep 8, 1994 | Docket: 64751580

Published

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

Jimenez v. Public Employees Relations Commission

616 So. 2d 465, 1993 WL 24492

District Court of Appeal of Florida | Filed: Feb 5, 1993 | Docket: 64695364

Published

his request for attorney’s fees and costs. Section 447.208(3)(e), Florida Statutes (1991), the controlling

Quinn v. Department of Health & Rehabilitative Services

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

District Court of Appeal of Florida | Filed: Nov 13, 1991 | Docket: 64662909

Published

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

Florida Department of Law Enforcement v. Stanley

566 So. 2d 20, 1990 Fla. App. LEXIS 6245, 1990 WL 115539

District Court of Appeal of Florida | Filed: Aug 8, 1990 | Docket: 64652642

Published

attorney’s fees and other expenses pursuant to Section 447.208(3)(b) and (e), Florida Statutes. REVERSED and

Solomon v. Department of Transp.

541 So. 2d 691, 14 Fla. L. Weekly 741, 1989 Fla. App. LEXIS 1530, 49 Fair Empl. Prac. Cas. (BNA) 1890, 1989 WL 26749

District Court of Appeal of Florida | Filed: Mar 23, 1989 | Docket: 470626

Published

Chapter 86-163, Laws of Florida, created section 447.208(3)(c), Florida Statutes, and transferred jurisdiction

Witt v. Department of Corrections

538 So. 2d 1280, 14 Fla. L. Weekly 310, 1989 Fla. App. LEXIS 496, 1989 WL 6459

District Court of Appeal of Florida | Filed: Feb 1, 1989 | Docket: 64640708

Published

action which is based upon just cause. See section 447.208(3), Florida Statutes. In this context just

Williams v. Department of Transportation

531 So. 2d 994, 13 Fla. L. Weekly 2157, 1988 Fla. App. LEXIS 4133, 1988 WL 94265

District Court of Appeal of Florida | Filed: Sep 15, 1988 | Docket: 64637366

Published

to revisit the issue of mitigation under section 447.208(3)(d), Florida Statutes, giving particular

Lavery v. Dept. of Highway Safety & Motor Vehicles

523 So. 2d 696, 13 Fla. L. Weekly 864, 1988 Fla. App. LEXIS 1313, 1988 WL 28299

District Court of Appeal of Florida | Filed: Apr 5, 1988 | Docket: 1517218

Published

to terminate Lavery's employment as a trooper, § 447.208(3)(a), Fla. Stat. (Supp. 1986); § 110.227(1),

Ago

Florida Attorney General Reports | Filed: Mar 21, 1988 | Docket: 3258025

Published

same and other subjects in general terms). 7 Section 447.208(3)(a), F.S., provides with respect to a hearing