Florida Statute 447.4095 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

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F.S. 447.4095

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.

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Amendments to 447.4095

Annotations, Discussions, Cases:

Cases Citing Statute 447.4095

Total Results: 12

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

vacating an arbitration award, which interpreted section 447.4095, Florida Statutes, in its favor, on the basis

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

pursuant to section 447.4095, Florida Statutes (2010), and (2) PERC erred in construing section 447.4095 to allow

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

In-junctive Relief that “despite the provisions of Section 447.4095 and the statutory procedures under Section

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

243 So. 3d 894

Supreme Court of Florida | Filed: May 17, 2018 | Docket: 6748451

Cited 2 times | Published

urgency" and invoked the process set forth in section 447.4095, Florida Statutes (2010), which provides:

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

urgency” and invoked the process set forth in section 447.4095, Florida Statutes (2010). Id. It notified

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

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

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60238650

Cited 1 times | Published

Relations Commission’s (“PERC”) interpretation of section 447.4095(1), Florida Statutes (2013), which permits

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

declared a “financial urgency,” pursuant to section 447.4095, Florida Statutes (2010), and, on August 31

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

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

Published

urgency” and invoked the process set forth in section 447.4095, Florida Statutes (2010). Id. It notified

Fraternal Order of Police v. City of Miami

143 So. 3d 953, 2014 WL 2753871, 2014 Fla. App. LEXIS 9220

District Court of Appeal of Florida | Filed: Jun 18, 2014 | Docket: 60242405

Published

collective bargaining agreement pursuant to section 447.4095 of the Florida Statutes); see also Hollywood

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

98 So. 3d 1236, 2012 WL 4511607, 194 L.R.R.M. (BNA) 2457, 2012 Fla. App. LEXIS 16556

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60312143

Published

law, invoke the “financial urgency” statute, section 447.4095, Florida Statutes (2012), without formal action

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

unfair labor practice by improperly invoking section 447.4095, Florida Statutes (2008). Concluding that

MANATEE EDUCATION ASS'N v. School Board

62 So. 3d 1176

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

Published

unfair labor practice by improperly invoking section 447.4095, Florida Statutes (2008). Concluding that