Florida Statute 447.403 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

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F.S. 447.403

447.403 Resolution of impasses.—

(1) If, after a reasonable period of negotiation concerning the terms and conditions of employment to be incorporated in a collective bargaining agreement, a dispute exists between a public employer and a bargaining agent, an impasse shall be deemed to have occurred when one of the parties so declares in writing to the other party and to the commission. When an impasse occurs, the public employer or the bargaining agent, or both parties acting jointly, may appoint, or secure the appointment of, a mediator to assist in the resolution of the impasse. If the Governor is the public employer, no mediator shall be appointed.

(2)(a) If no mediator is appointed, or upon the request of either party, the commission shall appoint, and submit all unresolved issues to, a special magistrate acceptable to both parties. If the parties are unable to agree on the appointment of a special magistrate, the commission shall appoint, in its discretion, a qualified special magistrate. However, if the parties agree in writing to waive the appointment of a special magistrate, the parties may proceed directly to resolution of the impasse by the legislative body pursuant to paragraph (4)(d). Nothing in this section precludes the parties from using the services of a mediator at any time during the conduct of collective bargaining.

(b) If the Governor is the public employer, no special magistrate shall be appointed. The parties may proceed directly to the Legislature for resolution of the impasse pursuant to paragraph (4)(d).

(3) The special magistrate shall hold hearings in order to define the area or areas of dispute, to determine facts relating to the dispute, and to render a decision on any and all unresolved contract issues. The hearings shall be held at times, dates, and places to be established by the special magistrate in accordance with rules promulgated by the commission. The special magistrate shall be empowered to administer oaths and issue subpoenas on behalf of the parties to the dispute or on his or her own behalf. Within 15 calendar days after the close of the final hearing, the special magistrate shall transmit his or her recommended decision to the commission and to the representatives of both parties by registered mail, return receipt requested. Such recommended decision shall be discussed by the parties, and each recommendation of the special magistrate shall be deemed approved by both parties unless specifically rejected by either party by written notice filed with the commission within 20 calendar days after the date the party received the special magistrate’s recommended decision. The written notice shall include a statement of the cause for each rejection and shall be served upon the other party.

(4) If either the public employer or the employee organization does not accept, in whole or in part, the recommended decision of the special magistrate:

(a) The chief executive officer of the governmental entity involved shall, within 10 days after rejection of a recommendation of the special magistrate, submit to the legislative body of the governmental entity involved a copy of the findings of fact and recommended decision of the special magistrate, together with the chief executive officer’s recommendations for settling the disputed impasse issues. The chief executive officer shall also transmit his or her recommendations to the employee organization;

(b) The employee organization shall submit its recommendations for settling the disputed impasse issues to such legislative body and to the chief executive officer;

(c) The legislative body or a duly authorized committee thereof shall forthwith conduct a public hearing at which the parties shall be required to explain their positions with respect to the rejected recommendations of the special magistrate;

(d) Thereafter, the legislative body shall take such action as it deems to be in the public interest, including the interest of the public employees involved, to resolve all disputed impasse issues; and

(e) Following the resolution of the disputed impasse issues by the legislative body, the parties shall reduce to writing an agreement which includes those issues agreed to by the parties and those disputed impasse issues resolved by the legislative body’s action taken pursuant to paragraph (d). The agreement shall be signed by the chief executive officer and the bargaining agent and shall be submitted to the public employer and to the public employees who are members of the bargaining unit for ratification. If such agreement is not ratified by all parties, pursuant to the provisions of s. 447.309, the legislative body’s action taken pursuant to the provisions of paragraph (d) shall take effect as of the date of such legislative body’s action for the remainder of the first fiscal year which was the subject of negotiations; however, the legislative body’s action shall not take effect with respect to those disputed impasse issues which establish the language of contractual provisions which could have no effect in the absence of a ratified agreement, including, but not limited to, preambles, recognition clauses, and duration clauses.

(5)(a) By the first day of the regular session of the Legislature, each party shall notify the President of the Senate and the Speaker of the House of Representatives as to all unresolved issues. Upon receipt of the notification, the presiding officers shall appoint a committee to review the position of the parties relating to all issues at impasse. No later than the 14th day of the regular session of the Legislature, the committee shall conduct a public hearing to take testimony regarding the issues at impasse. During the legislative session, the Legislature shall take action in accordance with this section.

(b) Any actions taken by the Legislature shall bind the parties in accordance with paragraph (4)(c).

History.—s. 3, ch. 74-100; s. 15, ch. 77-343; s. 192, ch. 79-400; s. 1, ch. 80-367; s. 1, ch. 84-228; s. 157, ch. 97-103; s. 44, ch. 2001-43; s. 1008, ch. 2002-387; s. 81, ch. 2004-11; s. 3, ch. 2007-3; s. 12, ch. 2011-37; s. 1, ch. 2017-26.

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F.S. 447.403 on CourtListener

Amendments to 447.403

Annotations, Discussions, Cases:

Cases Citing Statute 447.403

Total Results: 46

Pasco Cty. Sch. Bd. v. Florida Public Emp. Rel. Comm.

353 So. 2d 108, 96 L.R.R.M. (BNA) 3347

District Court of Appeal of Florida | Filed: Nov 16, 1977 | Docket: 485186

Cited 70 times | Published

was declared on July 28, 1975. Pursuant to Section 447.403, Florida Statutes (1975), a special master

Chiles v. United Faculty of Florida

615 So. 2d 671, 18 Fla. L. Weekly Supp. 176, 1993 Fla. LEXIS 493, 143 L.R.R.M. (BNA) 2806, 1993 WL 64606

Supreme Court of Florida | Filed: Mar 23, 1993 | Docket: 1185043

Cited 17 times | Published

the unions reached an impasse. Pursuant to section 447.403(4)(d), Florida Statutes (1991), the legislature

School Bd. of Orange County v. Palowitch

367 So. 2d 730, 109 L.R.R.M. (BNA) 2137

District Court of Appeal of Florida | Filed: Feb 21, 1979 | Docket: 1330275

Cited 17 times | Published

exception being legislative action pursuant to Section 447.403(4)(d). Rarely, if ever, do negotiating parties

Florida Senate v. Fl. Public Emp. Council 79

784 So. 2d 404, 2001 WL 388863

Supreme Court of Florida | Filed: Apr 18, 2001 | Docket: 2117191

Cited 10 times | Published

impasse resolution mechanism set forth in section 447.403, Florida Statutes (2000).[1] The parties presented

Communications Workers v. School Bd.

888 So. 2d 96, 2004 WL 2727447

District Court of Appeal of Florida | Filed: Nov 24, 2004 | Docket: 1697167

Cited 9 times | Published

Relations Committee) declaring an impasse under section 447.403(4)(d), Florida Statutes (2001), on the issue

City of Casselberry v. ORANGE CTY. POLICE

482 So. 2d 336, 11 Fla. L. Weekly 28

Supreme Court of Florida | Filed: Jan 9, 1986 | Docket: 1769220

Cited 9 times | Published

however, the impasse procedures set out in section 447.403, Florida Statutes (1981),[1] were not followed;

Palm Beach Junior College v. United Faculty

475 So. 2d 1221, 10 Fla. L. Weekly 450, 1985 Fla. LEXIS 3702, 120 L.R.R.M. (BNA) 3223

Supreme Court of Florida | Filed: Aug 30, 1985 | Docket: 1709934

Cited 8 times | Published

to the union for ratification pursuant to section 447.403(4)(e) of Florida Statutes (1980 Supp.)[4] The

Palm Beach Jr. College v. UNITED FACULTY ETC.

425 So. 2d 133, 9 Educ. L. Rep. 767

District Court of Appeal of Florida | Filed: Dec 30, 1982 | Docket: 1181964

Cited 8 times | Published

by the Board of Trustees in accordance with Section 447.403(4), Florida Statutes (Supp. 1980), and imposed

WEST PALM BEACH ASSOCIATION OF FIREFIGHTERS v. Bd. of City Comm'rs

448 So. 2d 1212

District Court of Appeal of Florida | Filed: Apr 25, 1984 | Docket: 429483

Cited 7 times | Published

447. The impasse proceedings provided for in Section 447.403(3), et seq. are nullified by the ordinance

UNITED FACULTY OF FLORIDA, ETC. v. Bd. of Regents

365 So. 2d 1073, 100 L.R.R.M. (BNA) 2543

District Court of Appeal of Florida | Filed: Jan 9, 1979 | Docket: 1314437

Cited 7 times | Published

recommended order of the special master pursuant to F.S. 447.403 appearing unsuccessful, the parties informed

Fort Myers v. News-Press Pub. Co., Inc.

514 So. 2d 408, 127 L.R.R.M. (BNA) 3051

District Court of Appeal of Florida | Filed: Oct 28, 1987 | Docket: 1749102

Cited 6 times | Published

SCHOONOVER and HALL, JJ., concur. NOTES [1] § 447.403, Fla. Stat. (1985). [2] § 286.011, Fla. Stat

City of Orlando v. INTERN. ASS'N OF FF, ETC.

384 So. 2d 941, 109 L.R.R.M. (BNA) 2708

District Court of Appeal of Florida | Filed: Jun 18, 1980 | Docket: 525802

Cited 5 times | Published

Cty. Comr's v. Cent. Fla. Pro. Fire Fighters

467 So. 2d 1023

District Court of Appeal of Florida | Filed: Jan 31, 1985 | Docket: 1680476

Cited 4 times | Published

the impasse resolution procedure required by section 447.403, Florida Statutes. The Union was deemed the

Headley v. City of Miami

118 So. 3d 885, 2013 WL 3770839, 196 L.R.R.M. (BNA) 2439, 2013 Fla. App. LEXIS 11461

District Court of Appeal of Florida | Filed: Jul 19, 2013 | Docket: 60233467

Cited 3 times | Published

the impasse resolution process set forth in section 447.403. For the reasons that follow, we conclude that

Miami Ass'n of Firefighters Local 587 v. City of Miami

87 So. 3d 93, 2012 WL 1414833, 193 L.R.R.M. (BNA) 2938, 2012 Fla. App. LEXIS 6385

District Court of Appeal of Florida | Filed: Apr 25, 2012 | Docket: 60308090

Cited 3 times | Published

447.4095 and the statutory procedures under Section 447.403 ... the City unilaterally took action to modify

City of Miami v. FOP Miami Lodge 20

571 So. 2d 1309, 1989 WL 6162

District Court of Appeal of Florida | Filed: Jan 22, 1991 | Docket: 1173266

Cited 3 times | Published

it deemed it to be in the public interest. See § 447.403(4)(d) & (e), Fla. Stat. As an NLRB administrative

City of New Port Richey v. HILLSBOROUGH CTY. PBA, INC.

505 So. 2d 1096, 12 Fla. L. Weekly 707

District Court of Appeal of Florida | Filed: Mar 4, 1987 | Docket: 1745884

Cited 3 times | Published

waiver, an emergency or an impasse action (section 447.403, Florida Statutes (1983)), a public employer

ORANGE CTY. POL. BENEV. v. City of Casselberry

457 So. 2d 1125

District Court of Appeal of Florida | Filed: Oct 16, 1984 | Docket: 2547896

Cited 3 times | Published

master or other procedures available under Section 447.403 for the resolution of impasses. The parties

Duval Cty. Sch. Bd. v. FLORIDA PUBLIC EMP. RELATIONS COMM.

353 So. 2d 1244, 97 L.R.R.M. (BNA) 3121

District Court of Appeal of Florida | Filed: Jan 11, 1978 | Docket: 424176

Cited 3 times | Published

through the impasse procedure provided by Florida Statute 447.403. In its order the Commission stated: "An

Walter E. Headley, Jr. v. City of Miami, Florida

215 So. 3d 1, 42 Fla. L. Weekly Supp. 236, 2017 WL 819740, 2017 Fla. LEXIS 447, 208 L.R.R.M. (BNA) 3379

Supreme Court of Florida | Filed: Mar 2, 2017 | Docket: 4612625

Cited 2 times | Published

the impasse resolution process set forth in section 447.403, Florida Statutes (2010). This issue centers

City of Winter Springs v. WINTER SPRINGS

885 So. 2d 494, 176 L.R.R.M. (BNA) 2629, 2004 Fla. App. LEXIS 16609, 2004 WL 2481352

District Court of Appeal of Florida | Filed: Nov 5, 2004 | Docket: 1685211

Cited 2 times | Published

Council On October 24, 2002, in accordance with section 447.403(4), Florida Statutes, both parties submitted

City of Ocala v. MARION CTY. POLICE

392 So. 2d 26

District Court of Appeal of Florida | Filed: Dec 16, 1980 | Docket: 1267902

Cited 2 times | Published

the legislative body take action pursuant to Section 447.403(2)(c)4, or a new agreement is ratified, the

SARASOTA CTY. SCH. D. v. Sarasota Classified/Teachers Ass'n

614 So. 2d 1143, 1993 WL 33802

District Court of Appeal of Florida | Filed: Feb 12, 1993 | Docket: 2569753

Cited 1 times | Published

legislative body takes action as provided under section 447.403(4)(d), Florida Statutes (1989). Palowitch.

City of Miami v. City of Miami Firefighters' and Police Officers' Retirement Trust & Plan

249 So. 3d 709

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7061979

Published

with the impasse resolution procedures of section 447.403, and that it was not statutorily authorized

Alfonso v. State

248 So. 3d 1246

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7061982

Published

interpreted the City’s actions to be in violation of section 447.403, Florida Statutes (2010), and to be a violation

International Association of Firefighters etc. v. State of Florida

221 So. 3d 736, 2017 WL 2438334, 2017 Fla. App. LEXIS 8128

District Court of Appeal of Florida | Filed: Jun 6, 2017 | Docket: 6069484

Published

447.203(2), Fla. Stat. As'part of the statute, § 447.403 sets forth the process by which state employees

Walter E. Headley, Jr. v. City of Miami, Florida – Corrected Opinion

Supreme Court of Florida | Filed: Mar 23, 2017 | Docket: 4620933

Published

the impasse resolution process set forth in section 447.403, Florida Statutes (2010). This issue centers

Dade County Police Benevolent Ass'n v. Miami-Dade County Board of County Commissioners

160 So. 3d 482, 2015 Fla. App. LEXIS 2699, 2015 WL 798849

District Court of Appeal of Florida | Filed: Feb 26, 2015 | Docket: 60246863

Published

under section 447.403, Florida Statutes (2011). The Union argues, and we agree, that section 447.403 does

Amalgamated Transit Union Local 1593 v. Hillsborough Area Regional Transit

139 So. 3d 345, 2014 WL 1344508, 2014 Fla. App. LEXIS 5034

District Court of Appeal of Florida | Filed: Apr 4, 2014 | Docket: 60241066

Published

the three issues that remained at impasse. See § 447.403(4)(a). On the day of the scheduled hearing the

School District of Polk County v. Polk Education Ass'n

100 So. 3d 11, 2011 Fla. App. LEXIS 12890, 2011 WL 3587413

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 60225528

Published

seek a resolution of the impasse pursuant to section 447.403.

MANATEE EDUCATION ASS'N v. School Board

62 So. 3d 1176

District Court of Appeal of Florida | Filed: Jun 2, 2011 | Docket: 2541887

Published

appointment of a special magistrate pursuant to section 447.403, Florida Statutes (2007). The union objected

Manatee Education Ass'n, FEA, AFT (Local 3821) v. School Board of Manatee County

62 So. 3d 1176, 2011 Fla. App. LEXIS 8107

District Court of Appeal of Florida | Filed: Jun 2, 2011 | Docket: 60300749

Published

appointment of a special magistrate pursuant to section 447.403, Florida Statutes (2007). The union objected

Sheriff of Pasco County v. Florida State Lodge

53 So. 3d 1073, 2010 Fla. App. LEXIS 19001, 2010 WL 5074964

District Court of Appeal of Florida | Filed: Dec 14, 2010 | Docket: 2408805

Published

others. Upon FOP's request and pursuant to section 447.403(2), Florida Statutes, PERC assigned a special

Miami-Dade County v. Transport Worker's Union, Local 291

22 So. 3d 785, 2009 Fla. App. LEXIS 17261, 2009 WL 3838599

District Court of Appeal of Florida | Filed: Nov 18, 2009 | Docket: 84395

Published

hearing before a special master, as provided in section 447.403, Florida Statutes (2009). PERC appointed a

Florida Public Employees Council 79 v. Bush

860 So. 2d 992, 2003 Fla. App. LEXIS 15704, 2003 WL 22399559

District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 64826725

Published

was received was a radical departure from section 447.403, Florida Statutes, which rendered the collective

Board of County Commissioners v. Citrus, Cannery Food Processing & Allied Workers, Drivers, Warehousemen & Helpers, Local Union 173

738 So. 2d 953, 163 L.R.R.M. (BNA) 2252, 1998 Fla. App. LEXIS 14808, 1998 WL 933218

District Court of Appeal of Florida | Filed: Nov 20, 1998 | Docket: 64789931

Published

reached an impasse. The parties then began the section 447.403, Florida Statutes (1995), procedures to resolve

Citrus County v. Citrus County Professional Paramedic/EMT

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

District Court of Appeal of Florida | Filed: Aug 19, 1994 | Docket: 64750615

Published

before the special master are to be conducted. § 447.403(3). Oddly, the only rule promulgated by PERC that

City of Delray Beach v. Professional Firefighters of Delray Beach, Local 1842, International Ass'n of Firefighters

636 So. 2d 157, 1994 Fla. App. LEXIS 3823, 1994 WL 149713

District Court of Appeal of Florida | Filed: Apr 27, 1994 | Docket: 64748144

Published

in special master proceedings, pursuant to section 447.-403, Florida Statutes and section 36.039, Del-ray

Florida State Lodge, Fraternal Order of Police, on Behalf of Hialeah Lodge 12 v. City of Hialeah, Florida, a Municipal Corporation

815 F.2d 631, 125 L.R.R.M. (BNA) 2176, 1987 U.S. App. LEXIS 5332

Court of Appeals for the Eleventh Circuit | Filed: Apr 24, 1987 | Docket: 2084052

Published

affirm the district court’s determination that section 447.403 is constitutional and that the city of Hialeah

Florida School for the Deaf & the Blind v. Florida School for the Deaf & the Blind, Teachers United, FTP-NEA

483 So. 2d 58, 30 Educ. L. Rep. 980, 11 Fla. L. Weekly 300, 1986 Fla. App. LEXIS 6175

District Court of Appeal of Florida | Filed: Jan 30, 1986 | Docket: 64617373

Published

report and, as a consequence, was required by Section 447.-403(4) to submit the dispute to its “legislative

City of Hollywood v. Hollywood Municipal Employees AFSCME Local 2432

468 So. 2d 1036, 10 Fla. L. Weekly 1107, 1985 Fla. App. LEXIS 13840

District Court of Appeal of Florida | Filed: May 3, 1985 | Docket: 64611964

Published

bargaining unit for ratification pursuant to Section 447.403(4)(e), Florida Statutes.1 On appeal, the City

Board of County Commissioners of Orange County v. Central Florida Professional Fire Fighters Ass'n, Local 2057

467 So. 2d 1023, 10 Fla. L. Weekly 279, 1985 Fla. App. LEXIS 12168

District Court of Appeal of Florida | Filed: Jan 31, 1985 | Docket: 64611544

Published

the impasse resolution procedure required by section 447.403, Florida Statutes. The Union was deemed the

City of Winter Park v. Florida Public Employees Relations Commission

383 So. 2d 653, 104 L.R.R.M. (BNA) 2485, 1980 Fla. App. LEXIS 15901

District Court of Appeal of Florida | Filed: Apr 9, 1980 | Docket: 64576080

Published

“legislative action” under applicable procedures of section 447.403, Florida Statutes (1977). The procedure followed

Local Union 2135, International Ass'n of Firefighters v. City of Ocala

371 So. 2d 583, 102 L.R.R.M. (BNA) 2436, 1979 Fla. App. LEXIS 15128

District Court of Appeal of Florida | Filed: Jun 6, 1979 | Docket: 64570421

Published

the Commission to appoint a special master. Section 447.403, Florida Statutes (1977). Pursuant to such

Ago

Florida Attorney General Reports | Filed: May 16, 1978 | Docket: 3258437

Published

interest of the public employees involved.' Section 447.403(4)(d),supra. Clearly, however, the mere designation

City of Winter Haven v. Florida Public Employees Relations Commission

358 So. 2d 1374, 98 L.R.R.M. (BNA) 2673, 1978 Fla. App. LEXIS 16010

District Court of Appeal of Florida | Filed: May 9, 1978 | Docket: 64564609

Published

days of the transmission of the decision.” Section 447.403(2)(b). If the decision of the special master