Florida Statute 447.403 | Lawyer Caselaw & Research

The 2024 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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Amendments to 447.403

Arrestable Offenses / Crimes under Fla. Stat. 447.403

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.403.

Annotations, Discussions, Cases:

Cases Citing Statute 447.403

Total Results: 20

Alfonso v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-06-06

Citation: 248 So. 3d 1246

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-06-06

Citation: 249 So. 3d 709

Snippet: required by the financial urgency statute. See §447.403, Fla. Stat. (2010). The hearing officer found

Fraternal Order of Police, Miami Lodge 20 v. City of Miami

Court: Supreme Court of Florida | Date Filed: 2018-05-17

Citation: 243 So. 3d 894

Snippet: then proceed pursuant to the provisions of s. 447.403. An unfair labor practice charge shall not be filed

International Association of Firefighters etc. v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2017-06-06

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

Snippet: 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

Court: Supreme Court of Florida | Date Filed: 2017-03-23

Snippet: proceed pursuant to the provisions of s. 447.403. An unfair labor practice charge shall not be filed

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

Court: Supreme Court of Florida | Date Filed: 2017-03-02

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

Snippet: proceed pursuant to the provisions of s. 447.403. An unfair labor practice charge shall not be filed

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

Court: District Court of Appeal of Florida | Date Filed: 2015-02-26

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

Snippet: section 447.403, Florida Statutes (2011). The Union argues, and we agree, that section 447.403 does not

Amalgamated Transit Union Local 1593 v. Hillsborough Area Regional Transit

Court: District Court of Appeal of Florida | Date Filed: 2014-04-04

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

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

Hollywood Fire Fighters, Local 1375, IAFF, Inc. v. City of Hollywood

Court: District Court of Appeal of Florida | Date Filed: 2014-01-08

Citation: 133 So. 3d 1042, 2014 WL 51693, 198 L.R.R.M. (BNA) 2174, 2014 Fla. App. LEXIS 161

Snippet: then proceed pursuant to the provisions of s. 447.403. An unfair labor practice charge shall not be filed

Florida State Fire Service Ass'n, IAFF, Local S-20 v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-11-12

Citation: 128 So. 3d 160, 2013 WL 5988613, 2013 Fla. App. LEXIS 17970

Snippet: results in an impasse in the negotiations. See §§ 447.403(5)(a) and 216.163(6), Fla. Stat. (2010). The sequence

Headley v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 2013-07-19

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

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2012-04-25

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

Snippet: Constitution by not following the procedures of sections 447.403, 447.4095, Florida Statutes (2010), and by conducting

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

Court: District Court of Appeal of Florida | Date Filed: 2011-08-17

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

Snippet: resolution of the impasse pursuant to section 447.403.

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

Court: District Court of Appeal of Florida | Date Filed: 2011-06-02

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

Snippet: then proceed pursuant to the provisions of s. 447.403. An unfair labor practice charge shall not be filed

MANATEE EDUCATION ASS'N v. School Board

Court: District Court of Appeal of Florida | Date Filed: 2011-06-02

Citation: 62 So. 3d 1176

Snippet: then proceed pursuant to the provisions of s. 447.403. An unfair labor practice charge shall not be filed

Sheriff of Pasco County v. Florida State Lodge

Court: District Court of Appeal of Florida | Date Filed: 2010-12-14

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2009-11-18

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2009-07-29

Snippet: In accordance with Section 447.201 and 447.403 of the Florida Statutes and Florida Administrative Code

Communications Workers v. School Bd.

Court: District Court of Appeal of Florida | Date Filed: 2004-11-24

Citation: 888 So. 2d 96, 2004 WL 2727447

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

City of Winter Springs v. WINTER SPRINGS

Court: District Court of Appeal of Florida | Date Filed: 2004-11-05

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

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