Florida Statutes

Fla. Stat. § 447.503 (2025)

Charges of unfair labor practices.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 63 cases (3 in the last 5 years), 1976–2026 · leading case: The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980).

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The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980). · cites it 8× “Section 447.503(3)(a), Florida Statutes (1975).”

Capo v. Florida Pub. Employees Council 79, 82 So. 3d 1116 (Fla. 4th DCA 2012). · cites it 10× “” § 447.503(6)(b), Fla. Stat. The language in section 447.”

Pasco Cty. Sch. Bd. v. Florida Pub. Emp. Rel. Comm., 353 So. 2d 108 (Fla. 1st DCA 1977). · cites it 2× “Section 447.503(1), Florida Statutes (1975), authorizes the Commission, or its agent, to conduct a preliminary investigation to determine whether there is substantial evidence indicating a prima facie violation of an applicable unfair labor practice provision.”

Koren v. Sch. Bd. of Miami-Dade Cnty., 97 So. 3d 215 (Fla. 2012). · cites it 7× “Section 447.503, Florida Statutes (2008), outlines the requirements for filing a ULP complaint, including that the complaint “shall contain a clear and concise statement of facts constituting the alleged unfair labor practice,” make specific reference to the provisions alleged…”

Sch. Dist. of Indian River Cnty. v. Florida Pub. Employees Relations Comm'n, 64 So. 3d 723 (Fla. 4th DCA 2011). · cites it 4× “While it is true that a “factually deficient” charge cannot be cured by resorting to supporting documents, the letter exchanges which were included with the charge added additional detail to the already sufficient allegations upon which the Commission’s general counsel was…”

Amato & Bouchard v. City of Miami Beach, 208 So. 3d 235 (Fla. 4th DCA 2016). · cites it 3× “” § 447.503, Fla. Stat. (2009); see also Browning v.”

Seitz v. Duval Cty. Sch. Bd., 346 So. 2d 644 (Fla. 1st DCA 1977). · cites it 4× “Seitz and PERC, No. FF-254, 346 So.2d 647 .”

Barton v. City of Eustis, Fla., 415 F. Supp. 1355 (M.D. Fla. 1976). · cites it 3× “On June 10, 1976, plaintiffs filed an unfair labor practice charge, pursuant to Fla.Stat. § 447.503, with the Public Employees Relations Commission, the state administrative agency charged with administering the statute.”

Headley v. City of Miami, 118 So. 3d 885 (Fla. 1st DCA 2013). · cites it 2× “See § 447.503(6), Fla. Stat. This, coupled with the narrow circumstances in which the statute applies, adequately safeguards the right of public employees to collectively bargain.”

Seitz v. Duval Cnty. Sch. Bd., 366 So. 2d 119 (Fla. 1st DCA 1979). · cites it 2× “In 1976, F.S. 447.503(1) authorized unfair labor practice proceedings "[w]henever it is charged by an employer or an employee organization .”

Duval Cty. Sch. Bd. v. Florida Pub. Emp. Relations Comm., 353 So. 2d 1244 (Fla. 1st DCA 1978). · cites it 4× “On 16 August DTU requested that the Commission petition the circuit court for injunctive relief in this case pursuant to Section 447.503(3)(b) of the Act. A special master hearing was held on 20 August.”

Okaloosa-Walton Junior Coll. Bd. of Trs. v. Florida Pub. Employees Relations Comm'n, 372 So. 2d 1378 (Fla. 1st DCA 1979). · cites it 4× “Section 447.503(4)(d), Florida Statutes (1977), supra fn.”

Show all 63 citing cases →

— 447.503(1) — 13 cases

Pasco Cty. Sch. Bd. v. Florida Pub. Emp. Rel. Comm., 353 So. 2d 108 (Fla. 1st DCA 1977). “Section 447.503(1), Florida Statutes (1975), authorizes the Commission, or its agent, to conduct a preliminary investigation to determine whether there is substantial evidence indicating a prima facie violation of an applicable unfair labor practice provision.”

Seitz v. Duval Cnty. Sch. Bd., 366 So. 2d 119 (Fla. 1st DCA 1979). “In 1976, F.S. 447.503(1) authorized unfair labor practice proceedings "[w]henever it is charged by an employer or an employee organization .”

Cagle v. St. Johns Cnty. Sch. Dist., 939 So. 2d 1085 (Fla. 5th DCA 2006).

Seitz v. Duval Cty. Sch. Bd., 346 So. 2d 644 (Fla. 1st DCA 1977). “Seitz and PERC, No. FF-254, 346 So.2d 647 .”

Koren v. Sch. Bd. of Miami-Dade Cnty., 97 So. 3d 215 (Fla. 2012). “Section 447.503, Florida Statutes (2008), outlines the requirements for filing a ULP complaint, including that the complaint “shall contain a clear and concise statement of facts constituting the alleged unfair labor practice,” make specific reference to the provisions alleged…”

— 447.503(2) — 3 cases

Florida Pub. Employees Council v. State, 921 So. 2d 676 (Fla. 1st DCA 2006).

Koren v. Sch. Dist. of Miami-Dade Cnty., 46 So. 3d 1090 (Fla. 3d DCA 2010).

— 447.503(2)(a) — 2 cases

Sch. Dist. of Indian River Cnty. v. Florida Pub. Employees Relations Comm'n, 64 So. 3d 723 (Fla. 4th DCA 2011). “While it is true that a “factually deficient” charge cannot be cured by resorting to supporting documents, the letter exchanges which were included with the charge added additional detail to the already sufficient allegations upon which the Commission’s general counsel was…”

Koren v. Sch. Dist. of Miami-Dade Cnty., 46 So. 3d 1090 (Fla. 3d DCA 2010).

— 447.503(3) — 1 case

Citrus Cnty. v. Citrus Cnty. Prof'l Paramedic/EMT, 642 So. 2d 44 (Fla. 5th DCA 1994).

— 447.503(3)(a) — 1 case

The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980). “Section 447.503(3)(a), Florida Statutes (1975).”

— 447.503(3)(b) — 1 case

Duval Cty. Sch. Bd. v. Florida Pub. Emp. Relations Comm., 353 So. 2d 1244 (Fla. 1st DCA 1978). “On 16 August DTU requested that the Commission petition the circuit court for injunctive relief in this case pursuant to Section 447.503(3)(b) of the Act. A special master hearing was held on 20 August.”

— 447.503(4)(a) — 5 cases

The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980). “Section 447.503(3)(a), Florida Statutes (1975).”

Sch. Bd. v. Pub. Employees Relations Comm'n, 350 So. 2d 819 (Fla. 1st DCA 1977).

City of Ocala v. Marion Cty. Police, 392 So. 2d 26 (Fla. 1st DCA 1980).

Sch. Bd. of Escambia Cty v. Pub. Emp. Rel. Com'n, 350 So. 2d 819 (Fla. 1st DCA 1977).

— 447.503(4)(d) — 1 case

Okaloosa-Walton Junior Coll. Bd. of Trs. v. Florida Pub. Employees Relations Comm'n, 372 So. 2d 1378 (Fla. 1st DCA 1979). “Section 447.503(4)(d), Florida Statutes (1977), supra fn.”

— 447.503(5) — 3 cases

The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980). “Section 447.503(3)(a), Florida Statutes (1975).”

Greseth v. Dep't of Health & Rehabilitative Servs., 604 So. 2d 530 (Fla. 4th DCA 1992).

Koren v. Sch. Dist. of Miami-Dade Cnty., 46 So. 3d 1090 (Fla. 3d DCA 2010).

— 447.503(5)(c) — 1 case

Koren v. Sch. Dist. of Miami-Dade Cnty., 46 So. 3d 1090 (Fla. 3d DCA 2010).

— 447.503(6) — 3 cases

Headley v. City of Miami, 118 So. 3d 885 (Fla. 1st DCA 2013). “See § 447.503(6), Fla. Stat. This, coupled with the narrow circumstances in which the statute applies, adequately safeguards the right of public employees to collectively bargain.”

Hollywood Fire Fighters, Local 1375, IAFF, Inc. v. City of Hollywood, 133 So. 3d 1042 (Fla. 4th DCA 2014).

Alfonso v. State, 248 So. 3d 1246 (Fla. 3d DCA 2018).

— 447.503(6)(a) — 7 cases

The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980). “Section 447.503(3)(a), Florida Statutes (1975).”

City of Clearwater (Fire Dept.) v. Lewis, 404 So. 2d 1156 (Fla. 2d DCA 1981).

Florida Sch. for the Deaf & the Blind v. Florida Sch. for the Deaf & the Blind, Teachers United, FTP-NEA, 483 So. 2d 58 (Fla. 1st DCA 1986).

City of Orlando v. Intern. Ass'n of Ff, Etc., 384 So. 2d 941 (Fla. 5th DCA 1980).

Town of Pembroke Park v. Florida State Lodge, Fraternal Order of Police, 501 So. 2d 1294 (Fla. 4th DCA 1986).

— 447.503(6)(b) — 8 cases

Capo v. Florida Pub. Employees Council 79, 82 So. 3d 1116 (Fla. 4th DCA 2012). “” § 447.503(6)(b), Fla. Stat. The language in section 447.”

Amato & Bouchard v. City of Miami Beach, 208 So. 3d 235 (Fla. 4th DCA 2016). “” § 447.503, Fla. Stat. (2009); see also Browning v.”

Da Costa v. Pub. Employees Relations Comm'n, 443 So. 2d 1036 (Fla. 1st DCA 1983).

Shivers v. Sch. Bd. of Dade Cnty., 480 So. 2d 126 (Fla. 3d DCA 1985).

Antonio Michael Major v. Sheriff of Monroe Cnty. (Fla. 3d DCA 2026).

— 447.503(6)(c) — 14 cases

Intern. Bhd. of Painters v. Anderson, 401 So. 2d 824 (Fla. 5th DCA 1981).

City of Tallahassee v. Leon Cnty. Police Benevolent Ass'n, Inc., 445 So. 2d 604 (Fla. 1st DCA 1984).

City of Delray Beach v. Prof'l Firefighters of Delray Beach, Local 1842, Int'l Ass'n of Firefighters, 636 So. 2d 157 (Fla. 4th DCA 1994).

City of Lake Worth v. PALM BEACH CTY., ETC., 413 So. 2d 465 (Fla. 4th DCA 1982).

— 447.503(6)(d) — 1 case

Koren v. Sch. Dist. of Miami-Dade Cnty., 46 So. 3d 1090 (Fla. 3d DCA 2010).

— 447.503(8) — 2 cases

Duval Cnty. Sch. Bd. v. Florida Pub. Employees Relations Comm'n, 346 So. 2d 1087 (Fla. 1st DCA 1977).

Duval Cty. Sch. Bd. v. Fla. Pub Emp., Etc., 346 So. 2d 1087 (Fla. 1st DCA 1977).

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