Florida Statutes

Fla. Stat. § 447.4095 (2025)

Financial urgency.

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447.4095 Financial urgency.—In the event of a financial urgency requiring modification of an agreement, the chief executive officer or his or her representative and the bargaining agent or its representative shall meet as soon as possible to negotiate the impact of the financial urgency. If after a reasonable period of negotiation which shall not exceed 14 days, a dispute exists between the public employer and the bargaining agent, an impasse shall be deemed to have occurred, and one of the parties shall so declare in writing to the other party and to the commission. The parties shall then proceed pursuant to the provisions of s. 447.403. An unfair labor practice charge shall not be filed during the 14 days during which negotiations are occurring pursuant to this section.

History.—s. 2, ch. 95-218; s. 159, ch. 97-103.

Notes of Decisions

Cited in 12 cases, 2004–2018 · leading case: Walter E. Headley, Jr. v. City of Miami, Florida, 215 So. 3d 1 (Fla. 2017).

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Walter E. Headley, Jr. v. City of Miami, Florida, 215 So. 3d 1 (Fla. 2017). · cites it 36× “” § 447.4095, Fla. Stat. The impasse resolution process in section 447.”

Headley v. City of Miami, 118 So. 3d 885 (Fla. 1st DCA 2013). · cites it 34× “” § 447.4095, Fla. Stat. The impasse resolution process in section 447.”

Fraternal Order of Police, Miami Lodge 20 v. City of Miami, 243 So. 3d 894 (Fla. 2018). · cites it 15× “The parties shall then proceed pursuant to the provisions of s. 447.403.”

Commc'ns Workers v. Sch. Bd., 888 So. 2d 96 (Fla. 4th DCA 2004). · cites it 14× “Appellant, Communications Workers of America, has timely appealed the trial court's order vacating an arbitration award, which interpreted section 447.4095, Florida Statutes, in its favor, on the basis that the arbitrator exceeded his powers under section 682.”

Manatee Educ. Ass'n, FEA, AFT (Local 3821) v. Sch. Bd. of Manatee Cnty., 62 So. 3d 1176 (Fla. 1st DCA 2011). · cites it 48× “§ 447.4095, Fla. Stat. (2007) (emphasis supplied).”

Hollywood Fire Fighters, Local 1375, IAFF, Inc. v. City of Hollywood, 133 So. 3d 1042 (Fla. 4th DCA 2014). · cites it 14× “If after a reasonable period of negotiation which shall not exceed 14 days, a dispute exists between the public employer and the bargaining agent, an impasse shall be deemed to have occurred, and one of the parties shall so declare in writing to the other party and to the…”

City of Miami v. City of Miami Firefighters' & Police Officers' Ret. Trust & Plan, 249 So. 3d 709 (Fla. 3d DCA 2018). · cites it 5× “The Court quashed the First District’s decision and remanded “for proceedings consistent with this decision.”

Miami Ass'n of Firefighters Local 587 v. City of Miami, 87 So. 3d 93 (Fla. 3d DCA 2012). · cites it 3× “The Firefighters’ Union alleges in its Verified Complaint for Declaratory and In-junctive Relief that “despite the provisions of Section 447.4095 and the statutory procedures under Section 447.”

Manatee Educ. Ass'n v. Sch. Bd., 62 So. 3d 1176 (Fla. 1st DCA 2011). · cites it 48× “§ 447.4095, Fla. Stat. (2007) (emphasis supplied).”

City of Miami v. Fraternal Order of Police, Miami Lodge 20, 98 So. 3d 1236 (Fla. 3d DCA 2012). · cites it 3× “The circuit court concluded that the City Manager could not, as a matter of law, invoke the “financial urgency” statute, section 447.4095, Florida Statutes (2012), without formal action or authorization by the Miami City Commission, and that the circuit court could address the…”

Walter E. Headley, Jr. v. City of Miami, Florida – Corrected Opinion (Fla. 2017). · cites it 17× “” § 447.4095, Fla. Stat. The impasse resolution process in section 447.”

Fraternal Order of Police v. City of Miami, 143 So. 3d 953 (Fla. 3d DCA 2014). · cites it 2× “1st DCA 2013) (holding that the City of Miami did not commit unfair labor practices by unilaterally modifying the collective bargaining agreement pursuant to section 447.4095 of the Florida Statutes); see also Hollywood Fire Fighters, Local 1375, IAFF, Inc.”

— 447.4095(1) — 1 case

Hollywood Fire Fighters, Local 1375, IAFF, Inc. v. City of Hollywood, 133 So. 3d 1042 (Fla. 4th DCA 2014). “If after a reasonable period of negotiation which shall not exceed 14 days, a dispute exists between the public employer and the bargaining agent, an impasse shall be deemed to have occurred, and one of the parties shall so declare in writing to the other party and to the…”

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