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Florida Statute 447.4095 | Lawyer Caselaw & Research
F.S. 447.4095 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 447.4095

The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 447
LABOR ORGANIZATIONS
View Entire Chapter
F.S. 447.4095
447.4095 Financial urgency.In the event of a financial urgency requiring modification of an agreement, the chief executive officer or his or her representative and the bargaining agent or its representative shall meet as soon as possible to negotiate the impact of the financial urgency. If after a reasonable period of negotiation which shall not exceed 14 days, a dispute exists between the public employer and the bargaining agent, an impasse shall be deemed to have occurred, and one of the parties shall so declare in writing to the other party and to the commission. The parties shall then proceed pursuant to the provisions of s. 447.403. An unfair labor practice charge shall not be filed during the 14 days during which negotiations are occurring pursuant to this section.
History.s. 2, ch. 95-218; s. 159, ch. 97-103.

F.S. 447.4095 on Google Scholar

F.S. 447.4095 on Casetext

Amendments to 447.4095


Arrestable Offenses / Crimes under Fla. Stat. 447.4095
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.4095.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CITY OF MIAMI, v. CITY OF MIAMI FIREFIGHTERS AND POLICE OFFICERS RETIREMENT TRUST PLAN,, 249 So. 3d 709 (Fla. App. Ct. 2018)

. . . 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). . . .

FRATERNAL ORDER OF POLICE, MIAMI LODGE v. CITY OF MIAMI,, 243 So. 3d 894 (Fla. 2018)

. . . 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. . . .

E. HEADLEY, Jr. No. v. CITY OF MIAMI,, 215 So. 3d 1 (Fla. 2017)

. . . 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 . . .

FRATERNAL ORDER OF POLICE, v. CITY OF MIAMI, 143 So. 3d 953 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

HOLLYWOOD FIRE FIGHTERS, LOCAL IAFF, INC. v. CITY OF HOLLYWOOD,, 133 So. 3d 1042 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

E. HEADLEY, Jr. No. v. CITY OF MIAMI,, 118 So. 3d 885 (Fla. Dist. Ct. App. 2013)

. . . 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, . . .

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

. . . 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 . . .

MIAMI ASSOCIATION OF FIREFIGHTERS LOCAL v. CITY OF MIAMI,, 87 So. 3d 93 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

MANATEE EDUCATION ASSOCIATION, FEA, AFT AFL- CIO, v. SCHOOL BOARD OF MANATEE COUNTY,, 62 So. 3d 1176 (Fla. Dist. Ct. App. 2011)

. . . 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).... . . .

COMMUNICATIONS WORKERS OF AMERICA LOCAL CWA, v. INDIAN RIVER COUNTY SCHOOL BOARD,, 888 So. 2d 96 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .