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Fraternal Order of Police v. City of Miami

Supreme Court of Florida

May 17, 2018

FRATERNAL ORDER OF POLICE, MIAMI LODGE 20, Petitioner,
v.
CITY OF MIAMI, et al., Respondents.

         NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.

          Application for Review of the Decision of the District Court of Appeal - Certified Direct Conflict of Decisions Dade County Third District No. 3D13-2437

          Robert D. Klausner, Stuart Kaufman, Adam P. Levinson, Paul Daragjati, and Anna R. Klausner Parish of Klausner, Kaufman, Jensen & Levinson, Plantation, Florida, for Petitioner

          Victoria Méndez, City Attorney, John A. Greco, Deputy City Attorney, and Kevin R. Jones, Senior Assistant City Attorney, Miami, Florida; and Michael Mattimore and Luke Savage of Allen, Norton & Blue, P.A., Tallahassee, Florida, for Respondent City of Miami

          Mark A. Touby and Richard A. Sicking of Touby, Chait & Sicking, P.L., Coral Gables, Florida, Amicus Curiae Florida Professional Firefighters, Inc., International Association of Firefighters, AFL-CIO

          QUINCE, J.

         We have for review the decision of the Third District Court of Appeal in Fraternal Order of Police, Miami Lodge 20 v. City of Miami, 143 So.3d 953 (Fla. 3d DCA 2014), on the ground that it expressly and directly conflicts with the Fourth District Court of Appeal's decision in Hollywood Fire Fighters, Local 1375, IAFF, Inc. v. City of Hollywood, 133 So.3d 1042 (Fla. 4th DCA 2014). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons that follow, we approve the decision of the Third District.

         FACTS

         On June 28, 2010, Respondent, the City of Miami, declared a "financial urgency" and invoked the process set forth in section 447.4095, Florida Statutes (2010), which provides:

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.

§ 447.4095, Fla. Stat. (2010). In response, Petitioner, Fraternal Order of Police, Miami Lodge 20 (FOP), moved for a declaratory judgment against the City and challenged the facial constitutionality of the statute, arguing that it is void for vagueness, deprives the FOP of due process, and denies equal protection. The trial court granted the City's motion for summary judgment and the FOP appealed. The Third District affirmed the trial court. Fraternal Order of Police, 143 So.3d at 954. Petitioner then sought review, and we accepted jurisdiction.

         ANALYSIS

         Petitioner raises a facial challenge to section 447.4095, Florida Statutes, arguing that it is void for vagueness, violates due process, and denies equal protection. Whether a statute is constitutional is a pure question of law that is reviewed de novo. Scott v. Williams, 107 So.3d 379, 384 (Fla. 2013).

         In a facial challenge, our review is limited. Abdool v. Bondi, 141 So.3d 529, 538 (Fla. 2014). We consider only the text of the statute, not its specific application to a particular set of circumstances. Id. To succeed on a facial challenge, the challenger must demonstrate that no set of circumstances exists in which the statute can be constitutionally valid. Id. Generally, legislative acts are afforded a presumption of constitutionality and we will construe the ...


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