CITY OF PENSACOLA, FLORIDA, PETITIONER,
v.
FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, RESPONDENT
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The Florida District Court of Appeal affirmed PERC's authority to order the City of Pensacola to amend its local option ordinances to comply with statutory amendments, holding that PERC's order was not improper rulemaking and any procedural defects were immaterial where only legal issues were presented.
PERC has authority under Section 447.603 to order a municipality to amend its local option ordinances to comply with statutory amendments, and procedural defects in the agency proceeding were not material where only legal issues were presented.
[1] An agency order directing compliance with statutory amendments does not constitute rulemaking in violation of the Administrative Procedure Act where the order applies exi…
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Join FLexlaw to unlock all legal intelligenceThe City of Pensacola's local option ordinances were previously approved by PERC as substantially equivalent to Chapter 447, Part II, Florida Statutes…
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SMITH, Judge.
The provisions and procedures of the local option ordinances of the City of Pensacola were previously approved by the Public Employees Relations Commission (PERC) as being substantially equivalent to those set forth in Chapter 447, Part II, Florida Statutes (1975). Pensacola now petitions for review of a PERC order directing Pensacola to amend its local option ordinances to bring its provisions and procedures into substantial compliance with amendments to Chapter 447 by Chapter 77-343, Laws of Florida. PERC has authority to enter an order of the character complained of, Section 447.603, Florida Statutes (1977). The order did not perform rulemaking functions in violation of Section 120.54, Florida Statutes (1977), but was subject to the requirements of Section 120.57(2), applicable to an agency determining the substantial interests of a party in proceedings not involving a disputed issue of material fact. See General Development Corp. v. Div. of State Planning, Dep’t of Admin., 353 So. 2d 1199, 1209 et seq. (Fla. 1st DCA 1978). Inasmuch as the only issue presented by Pensacola is one of law, which we here decide, PERC’s failure in this instance to comply with certain requirements of Section 120.57(2) was not a material error impairing the fairness of the proceedings or the correctness of the action taken by the agency. Section 120.-68(8).
The prayer of the petition for review is DENIED.
BOYER, Acting C. J., and BLACK, SUSAN, Associate Judge, concur.
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Citator
Cited By
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Farrell Wahlquist v. The Sch. Bd. OF Liberty Cnty., 423 So. 2d 471 (Fla. 1st DCA 1982)…cedural requirements of the administrative procedures act may not rise to the level of material error which impairs the fairness of the proceedings or the correctness of the action. City of Pensacola v. Florida Public Employees Relations Commission, 358 So. 2d 589 (Fla. 1st DCA 1978). We will therefore proceed with review on the merits. We find error in the Board’s conclusion that Wahlquist lost his continuing contract status with the Liberty County school system by resigning to take a position with the Coop…
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City OF Panama City v. Pub. Emps. Relations Comm'n, 378 So. 2d 66 (Fla. 1st DCA 1979)…ter 447, Part II, which went into effect after the order appealed in City of Panama City was filed. In response to the City’s argument that PERC was bound by our prior opinion once it became final, PERC points out that in City of Pensacola v. PERC, 358 So. 2d 589 (Fla. 1st DCA 1978), we affirmed an order requiring the City to update its previously approved local option ordinance so that it would comply substantially with the amendments to Chapter 447, Part II. Neither the order at issue in City of Panama Cit…
Authorities Cited
- Gen. Dev. Corp. v. Div. OF State Planning, 353 So. 2d 1199 (Fla. 1st DCA 1977)