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Florida Statute 447.504 | Lawyer Caselaw & Research
F.S. 447.504 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 447
LABOR ORGANIZATIONS
View Entire Chapter
F.S. 447.504
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.

F.S. 447.504 on Google Scholar

F.S. 447.504 on Casetext

Amendments to 447.504


Arrestable Offenses / Crimes under Fla. Stat. 447.504
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.504.



Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES EX REL. J. STRECK v. BRISTOL- MYERS SQUIBB COMPANY, 370 F. Supp. 3d 491 (E.D. Pa. 2019)

. . . . § 447.504(c)(14) (2007). . . .

CITY OF MIAMI, v. MIAMI LODGE FRATERNAL ORDER OF POLICE,, 247 So. 3d 618 (Fla. App. Ct. 2018)

. . . We have jurisdiction under Article V, Section 4(b)(2) of the Florida Constitution and section 447.504 . . .

B. JOHNSON, v. DEPARTMENT OF CORRECTIONS,, 191 So. 3d 965 (Fla. Dist. Ct. App. 2016)

. . . 110.227(5), Florida Statutes, including judicial review of such administrative action, §§ 110,227(6)(a), 447.504 . . .

BLOXOM- WILLIAMS, v. FLORIDA PUBLIC EMPLOYEES COUNCIL AMERICAN FEDERATION OF SATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL- CIO,, 141 So. 3d 782 (Fla. Dist. Ct. App. 2014)

. . . . § 447.504, Fla. Stat. . . .

WILLIAMS, v. CITY OF JACKSONVILLE,, 141 So. 3d 262 (Fla. Dist. Ct. App. 2014)

. . . . § 447.504, Fla. Stat. . . .

SCHOOL DISTRICT OF COLLIER COUNTY, v. FUQUA,, 136 So. 3d 687 (Fla. Dist. Ct. App. 2014)

. . . See §§ 447.504(1), 120.68, Fla. Stat. (2012). . . .

CITY OF MIAMI, v. FRATERNAL ORDER OF POLICE, MIAMI LODGE a, 98 So. 3d 1236 (Fla. Dist. Ct. App. 2012)

. . . . §§ 447.504, 120.68, Fla. Stat. (2012). . We also deny the F.O.P.'s motion to dismiss this appeal. . . .

SHERIFF OF PALM BEACH COUNTY, v. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC., 97 So. 3d 933 (Fla. Dist. Ct. App. 2012)

. . . Finding no grounds to reverse under sections 120.68(7) or 447.504(2), Florida Statutes, the Commission . . .

UNITED STATES J. STRECK, v. ALLERGAN, INC., 894 F. Supp. 2d 584 (E.D. Pa. 2012)

. . . . § 447.504(a), (h)(19), (i)(l) (2007). . . .

CORTES, v. PUBLIC EMPLOYEES RELATIONS COMMISSION AFL- CIO,, 36 So. 3d 758 (Fla. Dist. Ct. App. 2010)

. . . Furthermore, pursuant to section 447.504(3), Florida Statutes (2009), we find that an award of appellate . . .

IOWA DEPARTMENT OF HUMAN SERVICES, v. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U. S., 576 F.3d 885 (8th Cir. 2009)

. . . . § 447.504(a) (emphasis added). . . . Id. § 447.504(h)(24). . . .

MASSEY, v. F. DAVID,, 979 So. 2d 931 (Fla. 2008)

. . . In DeMarois, this court found section 447.504(5), Florida Statutes (1979), unconstitutional. . . . Section 447.504(5) provided that appeals from certain orders of the Public Employees Relations Commission . . .

CITY OF MARATHON, v. PROFESSIONAL FIREFIGHTERS OF MARATHON, INC. LOCAL INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,, 946 So. 2d 1187 (Fla. Dist. Ct. App. 2006)

. . . The City properly filed the instant appeal pursuant to sections 120.68 and 447.504, Florida Statutes, . . . 2005)(“Certifi-cation is effective upon the issuance of the final order by the [Cjommission.... ”); § 447.504 . . .

CITY OF MIAMI BEACH, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 937 So. 2d 226 (Fla. Dist. Ct. App. 2006)

. . . .; § 447.504(1), Fla. Stat. (2005). . . .

MIAMI- DADE COUNTY, v. GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, OPEIU AFL- CIO, LOCAL, 907 So. 2d 591 (Fla. Dist. Ct. App. 2005)

. . . .; § 447.504(1), Fla. Stat. (2004), and reverse. . . .

INTERNATIONAL UNION OF POLICE ASSOCIATIONS, v. STATE DEPARTMENT OF MANAGEMENT SERVICES,, 855 So. 2d 76 (Fla. Dist. Ct. App. 2003)

. . . Accordingly, we conclude that under section 447.504, Florida Statutes, the parties shall have 60 days . . .

ESTATE OF CORT, v. BROWARD COUNTY SHERIFF, 807 So. 2d 736 (Fla. Dist. Ct. App. 2002)

. . . In DeMarois, this court found section 447.504(5), Florida Statutes (1979), unconstitutional. . . . Section 447.504(5) provided that appeals from certain orders of the Public Employees Relations Commission . . .

J. JOHNSON, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 739 So. 2d 656 (Fla. Dist. Ct. App. 1999)

. . . Further, pursuant to section 447.504(3), Florida Statutes (1997), we find that an award of appellate . . .

ST. LUCIE- FT. PIERCE, FIRE CONTROL DISTRICT, v. FT. PIERCE- ST. LUCIE COUNTY FIREFIGHTERS ASSOCIATION, LOCAL IAFF,, 701 So. 2d 411 (Fla. Dist. Ct. App. 1997)

. . . prevailing party in this appeal and GRANT its motion for appellate attorney fees pursuant to section 447.504 . . .

STATE CHILES, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 630 So. 2d 1093 (Fla. 1994)

. . . . § 447.504, Fla.Stat. (1991). . . .

A. LAVERY, v. DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES,, 523 So. 2d 696 (Fla. Dist. Ct. App. 1988)

. . . (Supp.1986); §§ 120.68(10), 447.504(2), Fla.Stat. (1985); see Stump v. . . .

FLORIDA SCHOOL FOR THE DEAF AND THE BLIND, v. FLORIDA SCHOOL FOR THE DEAF AND THE BLIND, TEACHERS UNITED, FTP- NEA,, 483 So. 2d 58 (Fla. Dist. Ct. App. 1986)

. . . The fee sought on this appeal by the Union pursuant to Section 447.504(3) is granted and the case remanded . . .

PUBLIC EMPLOYEES RELATIONS COMMISSION, v. CITY OF ORLANDO,, 452 So. 2d 517 (Fla. 1984)

. . . section 120.68, Florida Statutes (1981), nor the specific judicial review statute governing PERC, section 447.504 . . .

TOWN OF PEMBROKE PARK, a v. STATE HEALY, PUBLIC EMPLOYEES RELATIONS COMMISSION, v. TOWN OF PEMBROKE PARK, a, 446 So. 2d 198 (Fla. Dist. Ct. App. 1984)

. . . Appeal vested jurisdiction in that court to review PERC’s final order pursuant to Sections 120.68 and 447.504 . . .

CITY OF LAKE WORTH, v. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION,, 413 So. 2d 465 (Fla. Dist. Ct. App. 1982)

. . . Florida Public Employees Relations Commission, 353 So.2d 108 (Fla. 1st DCA 1977); § 447.504(2), Fla.Stat . . .

A. GALBREATH, v. BROWARD COUNTY CLASSROOM TEACHERS ASSOCIATION, INC., 540 F. Supp. 245 (S.D. Fla. 1982)

. . . his notice of appeal of the PERC orders in the Fourth District Court of Appeal pursuant to Sections 447.504 . . .

CITY OF ORLANDO, v. ORLANDO PROFESSIONAL FIRE FIGHTERS, LOCAL IAFF, CITY OF ORLANDO, v. ORLANDO PROFESSIONAL FIRE FIGHTERS, LOCAL IAFF,, 412 So. 2d 406 (Fla. Dist. Ct. App. 1982)

. . . Section 447.504, Florida Statutes (1979), provides that district courts of appeal are empowered to review . . .

MILITARY PARK FIRE CONTROL TAX DISTRICT NO. v. DeMAROIS,, 411 So. 2d 944 (Fla. Dist. Ct. App. 1982)

. . . Florida Public Employees Relations Commission, 353 So.2d 108 (Fla. 1st DCA 1977); § 447.504(2), Fla.Stat . . .

MILITARY PARK FIRE CONTROL TAX DISTRICT NO. v. DeMAROIS,, 407 So. 2d 1020 (Fla. Dist. Ct. App. 1981)

. . . Appellee, DeMarois, has filed a motion to expedite appeal under Section ■ 447.504(5), Florida Statutes . . . We therefore declare Section 447.504(5), Florida Statutes (1979) unconstitutional. . . .

INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRADES, AFL- CIO, LOCAL v. ANDERSON,, 401 So. 2d 824 (Fla. Dist. Ct. App. 1981)

. . . .§ 447.504(3) provides in part: The court may award to the prevailing party all or part of the costs . . .

CITY OF OCOEE, v. CENTRAL FLORIDA PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL IAFF,, 389 So. 2d 296 (Fla. Dist. Ct. App. 1980)

. . . Section 447.504(3), Florida Statutes (1979), provides: The court may award to the prevailing party all . . . attorney’s fees and costs to the aggrieved prevailing party.” § 120.57(l)(b)(9), Fla.Stat. (1979). .See § 447.504 . . .

FRATERNAL ORDER OF POLICE, MIAMI LODGE AFSCME v. CITY OF MIAMI,, 384 So. 2d 726 (Fla. Dist. Ct. App. 1980)

. . . right of appeal of the final agency action of PERC to a district court of appeal pursuant to Section 447.504 . . . the appellants’ failure to pursue the appellate remedies from the PERC action, as provided by Section 447.504 . . .

CITY OF BARTOW, v. PUBLIC EMPLOYEES RELATIONS COMMISSION No., 382 So. 2d 311 (Fla. Dist. Ct. App. 1979)

. . . . § 447.504, Fla.Stat. (1977). . . .

JESS PARRISH MEMORIAL HOSPITAL, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION No., 364 So. 2d 777 (Fla. Dist. Ct. App. 1978)

. . . Section 447.504(4) provides that the district courts of appeal may award appellate attorney’s fees and . . . Section 447.504(4) does not impose the sanction of fees and costs only against the non-prevailing party . . .

CITY OF JACKSONVILLE BEACH, v. PUBLIC EMPLOYEES RELATIONS COMMISSION No. AFL- CIO, 359 So. 2d 578 (Fla. Dist. Ct. App. 1978)

. . . Section 120.68(3) of the APA and section 447.504(5) of the PERA both state, in effect, that the filing . . .