447.5035

Enforcement of commission orders.

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447.5035 Enforcement of commission orders.—In case of any failure by any employer, employee, or employee organization to comply with any order of the commission, upon application of the commission or, notwithstanding the provisions of s. 120.69(1)(b)1., upon application of any person who is a resident of the state and who is substantially interested in such order, any circuit court of this state shall have jurisdiction to enforce the order pursuant to the provisions of s. 120.69. However, if one or more petitions for enforcement and a notice of appeal involving the same agency action are pending at the same time, the district court of appeal considering the notice of appeal shall order all such actions transferred to and consolidated in the district court of appeal. If a petition for enforcement is filed after the time for filing notice of appeal has expired, the respondent may assert as a defense only that the agency action was not intended to apply to respondent or that respondent has complied with the agency action. Petitions for enforcement filed under this part shall be heard expeditiously by the circuit court to which presented and shall take precedence over all other civil matters except prior matters of the same character.

History.—s. 2, ch. 79-295.

Notes of Decisions

Cited in 1 case, 1984–1984 · leading case: PUBLIC EMP. REL. COM'N v. City of Orlando

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PUBLIC EMP. REL. COM'N v. City of Orlando (1984) fla · cites it 2× “We believe it is more reasonable to grant PERC party status in review proceedings directly rather than to require PERC to acquire such status indirectly by bringing an enforcement action every time PERC believes the public interest requires its participation.”

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