Florida Statutes

Fla. Stat. § 447.603 (2025)

Local option.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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447.603 Local option.—

(1) Any district school board or political subdivision, other than the state or a state public authority, may elect to adopt, by ordinance, resolution, or charter amendment, its own local option in lieu of the requirements of this part, provided such provisions and procedures thereby adopted effectively secure to public employees substantially equivalent rights and procedures as set forth in this part. However, notwithstanding any provision of s. 447.205 to the contrary, members of local commissions established pursuant to this section shall be appointed so that the composition of the local commission is as follows: One appointee shall be a person who, on account of previous vocation, employment, or affiliation, is or has been classified as a representative of employers; one appointee shall be a person who, on account of previous vocation, employment, or affiliation, is or has been classified as a representative of employees or employee organizations; and all other appointees, including alternates, shall be persons who, on account of previous vocation, employment, or affiliation, are not or have not been classified as representatives of employers, employees, or employee organizations. The chair and all members of any such local commission shall be appointed for 4-year staggered terms. Neither the chair nor any member shall be employed by, or hold any commission with, any governmental unit in the state or any employee organization while serving in such office.

(2) The public employer shall apply to the commission for review and approval as to whether the local provisions or procedures, or both, are substantially equivalent to the provisions and procedures set forth in this part. No ordinance, resolution, charter amendment, rule, or regulation incorporating such provisions and procedures shall take effect until approved by the commission. Upon approval of the local option and the rules relating thereto, the local commission shall perform the duties set forth under its local option, and the commission may transfer any pending cases, and shall transfer any cases or other matters filed after the approval of the local option that are within the local commission’s jurisdiction, to the local commission for disposition. All public employee agreements now in existence shall remain in effect until their expiration. However, if a local commission is not properly constituted, fails to act or respond to a filing of an employee organization or public employer or public employee within a reasonable and timely period, or acts in a manner clearly inconsistent with the precedent of the commission, the employee organization or public employer or public employee may file a petition with the commission setting forth such circumstances. The commission or one of its designated agents shall investigate the petition to determine its sufficiency, and, if it has reasonable cause to believe the petition is sufficient, the commission shall provide for an appropriate hearing upon due notice. Such a hearing shall be conducted by the commission or its designated agent pursuant to s. 447.503(5). Upon a finding by the commission that the local commission is not properly constituted, has not acted or responded to a filing of the employee organization or public employer or public employee within a reasonable and timely period, or has acted in a manner clearly inconsistent with the precedent of the commission, the commission shall assume jurisdiction of the case, and the decision and findings of the commission in such case shall be binding upon the local commission, the public employer, and the employee organization or public employee. The provisions of this subsection pertaining to the assumption of jurisdiction by the state commission shall have no application to final orders of a local commission which are reviewable by a district court of appeal pursuant to chapter 120.

(3)(a) In order to continuously secure substantially equivalent rights and procedures, the commission may require that any amendment to this part be incorporated into the local option. The commission shall notify the local legislative body or the local commission of any such required amendment by certified mail, return receipt requested. The local legislative body or local commission shall have 60 days from the date of receipt of such notification from the commission within which to submit the required amendment. If the local legislative body or the local commission fails to submit the required amendment within the 60-day period, the commission may suspend the operation of the local commission until the required amendment is submitted. After 50 days of any such suspension, the commission may transfer to itself any cases or other matters pending before the local commission.

(b) No amendment or revision of any ordinance, resolution, charter amendment, rule, or regulation relating to a local option shall become effective without prior approval by the commission. The commission shall act on such amendment or revision within 45 days of receipt of a request.

(4) The provisions of chapter 120 shall apply to local commissions to the same extent that they apply to the commission, except that for purposes of s. 120.545 the “committee” shall be the local legislative body. Notice to the commission shall be provided by any party seeking judicial review of any order of a local commission.

(5) No district school board or political subdivision which has not filed an application for approval by the commission of local provisions or procedures on or before June 1, 1977, shall be permitted to adopt the local option provided in this section.

History.—s. 3, ch. 74-100; s. 1, ch. 77-174; s. 22, ch. 77-343; s. 121, ch. 79-164; s. 1, ch. 80-214; s. 1, ch. 89-50; s. 204, ch. 96-410; s. 17, ch. 99-7.

Notes of Decisions

Cited in 8 cases, 1976–1989 · leading case: City of Panama City v. Fla Pub. Emp. Relations Comm'n, 364 So. 2d 109 (Fla. 1st DCA 1978).

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City of Panama City v. Fla Pub. Emp. Relations Comm'n, 364 So. 2d 109 (Fla. 1st DCA 1978). · cites it 5× “F.S. 447.603 provides that municipalities may adopt local ordinances governing collective bargaining relationships between the municipality and its employees.”

Pinellas Cty. v. Florida Pub. Emp., 379 So. 2d 985 (Fla. 2d DCA 1980). · cites it 4× “76-20, submitted pursuant to Section 447.603, Florida Statutes (1975).”

Pub. Employees Relations Comm'n v. City of Naples, 327 So. 2d 41 (Fla. 2d DCA 1976). · cites it 6× “This case involves an interpretation of when the local option provisions of Fla. Stat. § 447.603 (1974) come into play.”

Pub. Emp. Rel. Com'n v. Fraternal Ord. of Pol., Etc., 327 So. 2d 43 (Fla. 2d DCA 1976). · cites it 2× “2d 41 (1976), in which this court held that the City of Naples could not assume jurisdiction over public employees bargaining matters pursuant to Fla. Stat. § 447.603 (1974) until the provisions and procedures of its ordinance were approved by the Public Employees Relations…”

Pub. Employees Relations Comm'n v. Fraternal Order of Police, Local Lodge No. 38, 327 So. 2d 43 (Fla. 2d DCA 1976). · cites it 2× “2d 41 (1976), in which this court held that the City of Naples could not assume jurisdiction over public employees bargaining matters pursuant to Fla.Stat. § 447.603 (1974) until the provisions and procedures of its ordinance were approved by the Public Employees Relations…”

City of Pensacola v. Florida Pub. Employees Relations Comm'n, 358 So. 2d 589 (Fla. 1st DCA 1978). · cites it 2× “PERC has authority to enter an order of the character complained of, Section 447.603, Florida Statutes (1977).”

Florida Pub. Employees Council 79 v. City of Pensacola, 550 So. 2d 132 (Fla. 5th DCA 1989). · cites it 5× “The Pensacola Public Employees Relations Commission (PPERC) is the local option agency for the City of Pensacola, as authorized by section 447.603. In the case before us, appellant was properly registered with PPERC at the time its representation petition was filed.”

Metro. Dade Cnty. v. Dade Cnty. Employees, Local 1363, 376 So. 2d 1206 (Fla. 3d DCA 1979). “Disciplinary proceedings are authorized by Part II of Chapter 447, Florida Statutes, and the form and nature of such proceedings are subject to approval by PERC under § 447.603. The constitutionality of § 447.”

— 447.603(5) — 1 case

Florida Pub. Employees Council 79 v. City of Pensacola, 550 So. 2d 132 (Fla. 5th DCA 1989). “The Pensacola Public Employees Relations Commission (PPERC) is the local option agency for the City of Pensacola, as authorized by section 447.603. In the case before us, appellant was properly registered with PPERC at the time its representation petition was filed.”

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