Florida Statute 447.503 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

View Entire Chapter

F.S. 447.503

447.503 Charges of unfair labor practices.—It is the intent of the Legislature that the commission act as expeditiously as possible to settle disputes regarding alleged unfair labor practices. To this end, violations of the provisions of s. 447.501 shall be remedied by the commission in accordance with the following procedures and in accordance with chapter 120; however, to the extent that chapter 120 is inconsistent with the provisions of this section, the procedures contained in this section shall govern:

(1) A proceeding to remedy a violation of the provisions of s. 447.501 shall be initiated by the filing of a charge with the commission by an employer, employee, or employee organization, or any combination thereof. Such a charge shall contain a clear and concise statement of facts constituting the alleged unfair labor practice, including the names of all individuals involved in the alleged unfair labor practice, specific reference to the provisions of s. 447.501 alleged to have been violated, and such other relevant information as the commission may by rule require or allow. Service of the charge shall be made upon each named respondent at the time of filing with the commission. The charge must be accompanied by sworn statements and documentary evidence sufficient to establish a prima facie violation of the applicable unfair labor practice provision. Such supporting evidence is not to be attached to the charge and is to be furnished only to the commission.

(2) The commission, or any agent designated by it for such purpose, shall thereupon review the charge to determine its sufficiency.

(a) If upon review it is determined that the charge is insufficient, the commission or its designated agent may issue a summary dismissal of the charge. A charging party whose charge is dismissed by a designated agent may appeal the dismissal to the commission within 20 days after the date of issuance of the dismissal. If the commission finds the charge to be sufficient, it shall reinstate the charge.

(b) If upon review it is determined that the charge is sufficient, the commission shall notify the parties. Each respondent so charged shall thereupon file an answer to the charge with the commission, and serve a copy upon the charging party, no more than 20 days after service of notification of the sufficiency of the charge, unless otherwise allowed by the commission. The commission, in its discretion, may allow a charge or answer to be amended at any time. The commission may also, in its discretion, allow other interested parties to intervene in the proceeding.

(3) Whenever a charging party alleges that a respondent has engaged in unfair labor practices and that the charging party will suffer substantial and irreparable injury if not granted temporary relief, the commission may petition the circuit court for appropriate injunctive relief pending the final adjudication by the commission with respect to such matter. Upon the filing of any such petition, the court shall cause notice thereof to be served upon the parties and, thereupon, shall have jurisdiction to grant such temporary relief or restraining order as it deems just and proper.

(4) The commission may issue prehearing orders requiring the parties to provide written statements of relevant issues of fact and law and such other information as the commission may require to expedite the resolution of the case. Such orders may further direct the parties to identify witnesses, exchange intended exhibits and documentary evidence, and appear at a conference before the commission or a member thereof, or a designated hearing officer, for the purpose of handling such matters as will aid the commission in expeditiously resolving the case before it.

(5) Whenever the proceeding involves a disputed issue of material fact and an evidentiary hearing is to be conducted:

(a) The commission shall issue and serve upon all parties a notice of hearing before an assigned hearing officer at a time and place specified therein. Such notice shall be issued at least 14 days prior to the scheduled hearing.

(b) The evidentiary hearing shall be conducted by a hearing officer designated by the commission. Said hearing officer may be the commission itself, a member of the commission, or an agent designated by the commission for such purpose, provided that such agent shall be an employee of the commission and a member of The Florida Bar.

(c) Not later than 45 days after the close of the evidentiary hearing, unless extended by the commission with the consent of all parties, the hearing officer shall submit to the commission and to all parties a recommended order which shall include findings of fact and recommended rulings on procedural matters. The recommended order may also include recommended conclusions of law if requested by the commission.

(d) If the hearing was held before the commission or a member of the commission, the commission may elect to issue a final order which is in compliance with ss. 120.569 and 120.57.

(6)(a) If, upon consideration of the record in the case, the commission finds that an unfair labor practice has been committed, it shall issue and cause to be served an order requiring the appropriate party or parties to cease and desist from the unfair labor practice and take such positive action, including reinstatement of employees with or without back pay, as will best implement the general policies expressed in this part. However, no order of the commission shall require the reinstatement of any individual as an employee who has been suspended or discharged, or the payment of any back pay, if the individual was suspended or discharged for cause. The order may further require the party or parties to make periodic reports showing the extent to which it has complied with the order. If, upon consideration of the record in the case, the commission finds that an unfair labor practice has not been or is not being committed, it shall issue an order dismissing the case.

(b) If the commission determines that the alleged unfair labor practice occurred more than 6 months prior to the filing of the charge, the commission shall issue an order dismissing the case, unless the person filing the charge was prevented from doing so by reason of service in the Armed Forces, in which case the 6-month period shall run from the date of the person’s discharge.

(c) The commission may award to the prevailing party all or part of the costs of litigation, reasonable attorney’s fees, and expert witness fees whenever the commission determines that such an award is appropriate.

(d) Final orders of the commission issued pursuant to this section shall be enforced pursuant to the provisions of s. 447.5035 and shall be reviewed pursuant to the provisions of s. 447.504.

History.—s. 3, ch. 74-100; s. 154, ch. 77-104; s. 1, ch. 77-174; s. 19, ch. 77-343; s. 1, ch. 79-295; s. 19, ch. 91-269; s. 203, ch. 96-410; s. 1074, ch. 97-103.

F.S. 447.503 on Google Scholar

F.S. 447.503 on Casetext

Amendments to 447.503

Arrestable Offenses / Crimes under Fla. Stat. 447.503

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.503.

Annotations, Discussions, Cases:

Cases Citing Statute 447.503

Total Results: 20

CITY OF HOLLYWOOD v. EDWARD C. PERRIN

Court: District Court of Appeal of Florida | Date Filed: 2020-03-25

Snippet: alleged unfair labor practices.’” Id. (quoting § 447.503, Fla. Stat. (2009)). If a subject matter falls

Alfonso v. State

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

Citation: 248 So. 3d 1246

Snippet: limitation to file a PERC complaint under section 447.503(6) (b) is six months). Once the Appellants retired

Amato and Bouchard v. City of Miami Beach

Court: District Court of Appeal of Florida | Date Filed: 2016-12-07

Citation: 208 So. 3d 235, 2016 Fla. App. LEXIS 18048

Snippet: disputes regarding alleged unfair labor practices.” § 447.503, Fla. Stat. (2009); see also Browning v. Brody

Del Pino Allen v. United Faculty of Miami Dade College, Etc.

Court: District Court of Appeal of Florida | Date Filed: 2016-06-22

Citation: 197 So. 3d 604, 2016 Fla. App. LEXIS 9571

Snippet: unfair labor practice, as required by section 447.503(1), Florida Statutes (2015). The General Counsel

Nora Bloxom-Williams v. Florida Public Employees Council 79

Court: District Court of Appeal of Florida | Date Filed: 2014-07-30

Snippet: section 120.57, Florida Statutes. §§ 447.501, 447.503, Fla. Stat. This court has jurisdiction to review

Nora Bloxom Williams v. City of Jacksonville

Court: District Court of Appeal of Florida | Date Filed: 2014-07-30

Snippet: practice by the City of Jacksonville. §§ 447.501, 447.503, Fla. Stat. This court has jurisdiction to review

Bloxom-Williams v. Florida Public Employees Council 79, American Federation of Sate, County & Municipal Employees

Court: District Court of Appeal of Florida | Date Filed: 2014-07-16

Citation: 141 So. 3d 782, 2014 WL 3510699, 2014 Fla. App. LEXIS 10946

Snippet: section 120.57, Florida Statutes. §§ 447.501, 447.503, Fla. Stat. This court has jurisdiction to review

Williams v. City of Jacksonville

Court: District Court of Appeal of Florida | Date Filed: 2014-07-09

Citation: 141 So. 3d 262, 2014 WL 3293677, 2014 Fla. App. LEXIS 10537

Snippet: practice by the City of Jacksonville. §§ 447.501, 447.503, Fla. Stat. This court has jurisdiction to review

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: labor practice through a variety of options. See § 447.503(6), Fla. Stat. (2012). A governmental entity’s

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: PERC has broad authority to remedy the ULP. See § 447.503(6), Fla. Stat. This, coupled with the narrow circumstances

Koren v. School Board of Miami-Dade County

Court: Supreme Court of Florida | Date Filed: 2012-06-07

Citation: 97 So. 3d 215, 33 I.E.R. Cas. (BNA) 1783, 37 Fla. L. Weekly Supp. 411, 2012 Fla. LEXIS 1131, 2012 WL 2036002

Snippet: part. § 447.501(l)(d), Fla. Stat. (2008). Section 447.503, Florida Statutes (2008), outlines the requirements

Capo v. Florida Public Employees Council 79

Court: District Court of Appeal of Florida | Date Filed: 2012-02-29

Citation: 82 So. 3d 1116, 2012 Fla. App. LEXIS 3257, 2012 WL 635929

Snippet: grievance, was not timely filed under section 447.503(6)(b), Florida Statutes. On September 23, 2010

United Teachers of Dade v. School District of Miami-Dade County

Court: District Court of Appeal of Florida | Date Filed: 2011-09-07

Citation: 68 So. 3d 1003, 2011 Fla. App. LEXIS 14138, 2011 WL 3903103

Snippet: award of attorney fees and costs. Under section 447.503(6)(c), Florida Statutes (2010), "the commission

School District of Indian River County v. Florida Public Employees Relations Commission

Court: District Court of Appeal of Florida | Date Filed: 2011-06-15

Citation: 64 So. 3d 723, 2011 Fla. App. LEXIS 8933, 2011 WL 2328306

Snippet: "may issue a summary dismissal of the charge." § 447.503(2)(a),(b), Fla. Stat. (2008). We reject the District's

Koren v. School District of Miami-Dade County

Court: District Court of Appeal of Florida | Date Filed: 2010-10-27

Citation: 46 So. 3d 1090, 2010 Fla. App. LEXIS 16299, 2010 WL 4226250

Snippet: organization) can file an ULP charge with PERC. Id. § 447.503; 34 Fla. Jur.2d Labor and Labor Relations § 179

Wimberly v. Miami-Dade County

Court: District Court of Appeal of Florida | Date Filed: 2009-04-08

Citation: 8 So. 3d 1160, 2009 Fla. App. LEXIS 2862, 2009 WL 928538

Snippet: (PERC Case No. CB-2005-014), pursuant to section 447.503, Florida Statutes (2004), alleging, in part, that

Cagle v. St. Johns County School District

Court: District Court of Appeal of Florida | Date Filed: 2006-09-01

Citation: 939 So. 2d 1085, 2006 Fla. App. LEXIS 14626

Snippet: violation of the unfair labor practice alleged. § 447.503(1), Fla. Stat. (2004). As set forth in PERC's final

Miami Beach v. PUBLIC EMPLOYEES RELATIONS

Court: District Court of Appeal of Florida | Date Filed: 2006-09-01

Citation: 937 So. 2d 226, 2006 Fla. App. LEXIS 14710, 2006 WL 2520919

Snippet: practice charge against the City pursuant to sections 447.503(1) of the *227 Florida Statutes (2005). Local 3178

Florida Educ. Ass'n v. Wojcicki

Court: District Court of Appeal of Florida | Date Filed: 2006-05-31

Citation: 930 So. 2d 812, 2006 WL 1479789

Snippet: regarding alleged unfair labor practices." *814 § 447.503, Fla. Stat. (1999). The activities prohibited as

Florida Public Employees Council v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-01-24

Citation: 921 So. 2d 676, 2006 WL 162722

Snippet: counsel reviewed the charge pursuant to section 447.503(2) and rule 60CC-5.002. The general counsel accepted