RONALD GUFFEY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Amato v. City OF Miami Beach, 208 So. 3d 235 (Fla. 3d DCA 2016)
  …rida. Under PERA, the Florida Legislature created the Florida Public Employees Relations Commission (“PERC”), and empowered PERC “to settle disputes regarding alleged unfair labor practices.” § 447.503, Fla. Stat. (2009); see also Browning v. Brody, 796 So. 2d 1191, 1191-93 (Fla. 5th DCA 2011). PERC was granted exclusive jurisdiction to resolve disputes between public employers and public employees. Fla. Educ. Ass’n v. Wojcicki, 930 So. 2d 812, 813-14 (Fla. 3d DCA 2006). “Case law interpreting the jurisdiction…
• Fla. Educ. Ass'n v. Wojcicki, 930 So. 2d 812 (Fla. 3d DCA 2006)
  …h. Bd. of Broward County, 330 So. 2d 177, 179 (Fla. 4th DCA 1976). Under this part, jurisdiction over labor activities is preempted in favor of PERC if the activities involved are arguably covered by Part II of Chapter 447. Id. As Browning v. Brody, 796 So. 2d 1191, 1192-93 (Fla. 5th DCA 2001), observes: Labor union activities involving public employees are comprehensively regulated by Chapter 447, Part II of the Florida Statutes; commonly known as the Public Employees Relations Act (the Act). Under the Act,…
• Hernando Cnty. v. Mills, 114 So. 3d 1026 (Fla. 5th DCA 2012)
  …ion, but his complaint seeks only a declaration that there was no just cause for his firing as well as money damages. Petitioner correctly asserts that unfair labor practices claims fall within the exclusive jurisdiction of PERC. Browning v. Brody, 796 So. 2d 1191 (Fla. 5th DCA 2001). The dilemma we have in addressing the issue here is that the complaint is too vague to determine the precise legal theory upon which it is based. For example, the complaint alleges violations of both [*1027] “procedural” and “su…

Authorities Cited

• Smith v. State, 574 So. 2d 300 (Fla. 5th DCA 1991)