Florida Statutes

Fla. Stat. § 447.504 (2025)

Judicial review.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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447.504 Judicial review.—

(1) The district courts of appeal are empowered, upon the filing of appropriate notices of appeal, to review final orders of the commission pursuant to s. 120.68. A copy of the notice of appeal shall be filed with the commission. The record in the proceeding, certified by the commission, shall be filed with the court in accordance with the Florida Rules of Appellate Procedure.

(2) Upon the filing of a notice of appeal, the appropriate district court of appeal shall thereupon have jurisdiction of the proceeding and may grant such temporary or permanent relief or restraining order as it deems just and proper and may enforce, modify, affirm, or set aside, in whole or in part, the order of the commission. The findings of the commission with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive.

(3) The court may award to the prevailing party all or part of the costs of litigation and reasonable attorney’s fees and expert witness fees whenever the court determines that such an award is appropriate. However, no such costs or fees shall be assessed against the commission in any appeal from an order issued by the commission in an adjudicatory proceeding between adversary parties conducted pursuant to this part.

(4) The commencement of proceedings under this section shall not, unless specifically ordered by the district court of appeal, operate as a stay of the commission’s order.

(5) Appeals filed under this part shall be heard expeditiously by the district court of appeal to which presented and shall take precedence over all other civil matters except prior matters of the same character.

History.—s. 3, ch. 74-100; s. 20, ch. 77-343; s. 3, ch. 79-295.

Notes of Decisions

Cited in 29 cases, 1978–2018 · leading case: Massey v. David, 979 So. 2d 931 (Fla. 2008).

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Massey v. David, 979 So. 2d 931 (Fla. 2008). · cites it 3× “In DeMarois , this court found section 447.504(5), Florida Statutes (1979), unconstitutional.”

Intern. Bhd. of Painters v. Anderson, 401 So. 2d 824 (Fla. 5th DCA 1981). · cites it 5× “030(b)(1)(C); Section 447.504(1), Florida Statutes (1979).”

Military Park Fire Control Tax Dist. v. DeMarois, 407 So. 2d 1020 (Fla. 4th DCA 1981). · cites it 4× “Appellee, DeMarois, has filed a motion to expedite appeal under Section 447.504(5), Florida Statutes (1979) which provides: *1021 Appeals filed under this part shall be heard expeditiously by the district court of appeal to which presented and shall take precedence over all…”

Est. of Cort v. Broward Cnty. Sheriff, 807 So. 2d 736 (Fla. 4th DCA 2002). · cites it 3× “In DeMarois , this court found section 447.504(5), Florida Statutes (1979), unconstitutional.”

Miami-Dade Cnty. v. GOV'T SUP'RS ASS'N., 907 So. 2d 591 (Fla. 3d DCA 2005). · cites it 2× “; § 447.504(1), Fla. Stat. (2004), and reverse.”

City of Ocoee v. Cent. Fla., Etc., 389 So. 2d 296 (Fla. 5th DCA 1980). · cites it 4× “Section 447.504(3), Florida Statutes (1979), provides: The court may award to the prevailing party all or part of the costs of litigation and reasonable attorney's fees .”

State Ex Rel. Chiles v. PERC, 630 So. 2d 1093 (Fla. 1994). · cites it 2× “§ 447.504, Fla. Stat. (1991). Of course, it is always possible that PERC's subsequent rulings in this proceeding could interfere with this Court's regulation of the practice of law, thereby triggering our jurisdiction, but it is clear that nothing like this has yet occurred.”

City of Bartow v. PUB. EMP. REL COM'N, 382 So. 2d 311 (Fla. 2d DCA 1979). · cites it 2× “§ 447.504, Fla. Stat. (1977). From our review we conclude that, while PERC did have jurisdiction, its implicit finding that a causal connection existed between Ott's dismissal and his union activities is not supported by substantial competent evidence.”

Pub. Emp. Rel. Com'n v. City of Orlando, 452 So. 2d 517 (Fla. 1984). · cites it 2× “68, Florida Statutes (1981), nor the specific judicial review statute governing PERC, section 447.504, Florida Statutes (1981), requires PERC to be designated as a party appellee in review proceedings.”

City of Lake Worth v. PALM BEACH CTY., ETC., 413 So. 2d 465 (Fla. 4th DCA 1982). · cites it 2× “1st DCA 1977); § 447.504(2), Fla. Stat. (1979). The award of attorneys' fees under Section 447.”

City of Marathon v. PROF. FIREFIGHTERS, 946 So. 2d 1187 (Fla. 3d DCA 2006). · cites it 2× “"); § 447.504(1), Fla. Stat. (2005)("The district courts of appeal are empowered .”

City of Miami v. Miami Lodge 20, Fraternal Order of Police, 247 So. 3d 618 (Fla. 3d DCA 2018). · cites it 2× “We have jurisdiction under Article V, Section 4(b)(2) of the Florida Constitution and section 447.504(1), Florida Statutes (2016).”

Show all 29 citing cases →

— 447.504(1) — 6 cases

Miami-Dade Cnty. v. GOV'T SUP'RS ASS'N., 907 So. 2d 591 (Fla. 3d DCA 2005). “; § 447.504(1), Fla. Stat. (2004), and reverse.”

Intern. Bhd. of Painters v. Anderson, 401 So. 2d 824 (Fla. 5th DCA 1981). “030(b)(1)(C); Section 447.504(1), Florida Statutes (1979).”

City of Marathon v. PROF. FIREFIGHTERS, 946 So. 2d 1187 (Fla. 3d DCA 2006). “"); § 447.504(1), Fla. Stat. (2005)("The district courts of appeal are empowered .”

City of Miami v. Miami Lodge 20, Fraternal Order of Police, 247 So. 3d 618 (Fla. 3d DCA 2018). “We have jurisdiction under Article V, Section 4(b)(2) of the Florida Constitution and section 447.504(1), Florida Statutes (2016).”

Sch. Dist. of Collier Cnty. v. Fuqua, 136 So. 3d 687 (Fla. 2d DCA 2014).

— 447.504(2) — 2 cases

City of Lake Worth v. PALM BEACH CTY., ETC., 413 So. 2d 465 (Fla. 4th DCA 1982). “1st DCA 1977); § 447.504(2), Fla. Stat. (1979). The award of attorneys' fees under Section 447.”

Military Park Fire Control Tax Dist. No. 4 v. DeMarois, 411 So. 2d 944 (Fla. 2d DCA 1982).

— 447.504(3) — 6 cases

Intern. Bhd. of Painters v. Anderson, 401 So. 2d 824 (Fla. 5th DCA 1981). “030(b)(1)(C); Section 447.504(1), Florida Statutes (1979).”

City of Ocoee v. Cent. Fla., Etc., 389 So. 2d 296 (Fla. 5th DCA 1980). “Section 447.504(3), Florida Statutes (1979), provides: The court may award to the prevailing party all or part of the costs of litigation and reasonable attorney's fees .”

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).

Cortes v. Pub. Employees Relations Comm'n, 36 So. 3d 758 (Fla. 3d DCA 2010).

St. Lucie—Ft. Pierce, Fire Control Dist. v. Ft. Pierce—St. Lucie Cnty. Firefighters Ass'n, Local 1377, 701 So. 2d 411 (Fla. 4th DCA 1997).

— 447.504(4) — 3 cases

Jess Parrish Mem'l Hosp. v. Florida Pub. Employees Relations Comm'n, 364 So. 2d 777 (Fla. 2d DCA 1978).

Jess Parrish Mem. Hosp. v. Fla. Pub. Emp. Relations Comm'n, 364 So. 2d 777 (Fla. 1st DCA 1978).

— 447.504(5) — 4 cases

Massey v. David, 979 So. 2d 931 (Fla. 2008). “In DeMarois , this court found section 447.504(5), Florida Statutes (1979), unconstitutional.”

Military Park Fire Control Tax Dist. v. DeMarois, 407 So. 2d 1020 (Fla. 4th DCA 1981). “Appellee, DeMarois, has filed a motion to expedite appeal under Section 447.504(5), Florida Statutes (1979) which provides: *1021 Appeals filed under this part shall be heard expeditiously by the district court of appeal to which presented and shall take precedence over all…”

Est. of Cort v. Broward Cnty. Sheriff, 807 So. 2d 736 (Fla. 4th DCA 2002). “In DeMarois , this court found section 447.504(5), Florida Statutes (1979), unconstitutional.”

City of Jacksonville Beach v. Pub. Employees Relations Comm'n, 359 So. 2d 578 (Fla. 1st DCA 1978).

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