The 2023 Florida Statutes (including Special Session C)
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. . . AND PROCEDURAL HISTORY On July 28, 2010, the City declared a "financial urgency," pursuant to section 447.4095 . . . Appeal, which affirmed PERC's final order, finding PERC did not err in interpreting or applying section 447.4095 . . . The Court also held that " section 447.4095 permits the unilateral implementation of changes to the CBA . . . See § 447.4095, Fla. Stat. (2010). . . .
. . . ANALYSIS Petitioner raises a facial challenge to section 447.4095, Florida Statutes, arguing that it . . . First, Petitioner contends that section 447.4095 is impermissibly vague. . . . After the legislature enacted section 447.4095, district courts of appeal deferred to PERC to provide . . . It does not appear that section 447.4095 is void for vagueness. . . . We conclude that section 447.4095 is not unconstitutionally vague. . . .
. . . July 28, 2010, the City declared a “financial urgency” and invoked the process set forth in section 447.4095 . . . Deciding this issue will require the interpretation of section 447.4095, Florida Statutes (2010). . . . Because a government entity acting under section 447.4095 has the potential to impair two fundamental . . . Section 447.4095 is the codification of the strict scrutiny standard we outlined in Chiles. . . . As the First District explained: Section 447.4095 provides for an expedited period of negotiation, not . . . collective bargaining agreement before completing the procedures required by the Legislature in sections 447.4095 . . .
. . . unfair labor practices by unilaterally modifying the collective bargaining agreement pursuant to section 447.4095 . . . holding implicitly in an as applied challenge that the use of the term “financial urgency” in section 447.4095 . . .
. . . Union”) argues that the Public Employees Relations Commission’s (“PERC”) interpretation of section 447.4095 . . . The Union also argued section 447.4095 (“the financial urgency statute”) was unconstitutional. . . . After Chiles, the Legislature enacted section 447.4095, Florida Statutes, which states: In the event . . . However, we disagree with the First District’s application of Chiles to section 447.4095. . . . Because we disagree with the appropriate constitutional standard to be applied to section 447.4095, we . . .
. . . that required modification of the parties’ collective bargaining agreement (CBA) pursuant to section 447.4095 . . . , Florida Statutes (2010), and (2) PERC erred in construing section 447.4095 to allow the City to implement . . . For the reasons that follow, we conclude that PERC properly interpreted and applied section-447.4095. . . . The Union alleged that the City committed a ULP by improperly invoking section 447.4095 for the purpose . . . He disagreed with the majority’s conclusion that the City properly invoked section 447.4095 because, . . .
. . . that the City Manager could not, as a matter of law, invoke the “financial urgency” statute, section 447.4095 . . . Section 447.4095 specifies that the “chief executive officer” of a public employer is to meet as soon . . .
. . . Article I, Section 6 of the Florida Constitution by not following the procedures of sections 447.403, 447.4095 . . . its Verified Complaint for Declaratory and In-junctive Relief that “despite the provisions of Section 447.4095 . . . Union claims that, by acting unilaterally and not following the statutory requirements of sections 447.4095 . . . Bd. of Manatee Cnty., 62 So.3d 1176 (Fla. 1st DCA 2011) (deferring to PERC interpretation of section 447.4095 . . . Section 447.4095, provides: In the event of a financial urgency requiring modification of an agreement . . .
. . . A public employer may declare a “financial urgency” pursuant to section 447.4095, and proceed accordingly . . . Once the fourteen-day period specified in section 447.4095 has run, the union is free to file an unfair . . . If the union chooses not to participate in negotiations contemplated by section 447.4095, it runs the . . . initiation of the process section 447.4095 authorizes. . . . See Section 447.4095, Fla. Stat. (1997).... . . .
. . . has timely appealed the trial court’s order vacating an arbitration award, which interpreted section 447.4095 . . . You [ ] are proceeding under Section 447.4095, Florida Statutes. . . . My opinion of Section 447.4095 is that, in the event of a financial urgency requiring modification of . . . The School Board responded in a letter taking the position its action was authorized by section 447.4095 . . . Section 447.4095 provides: In the event of a financial urgency requiring modification of [a collective . . .