§ 35.046. JUDICIAL REVIEW.

(A)

The district courts of appeal are empowered, upon the filing of an appropriate notice of appeal, to review final orders of the Public Employees Relations Commission pursuant to F.S. Section 120.68. A copy of the notice of appeal shall be filed with the Commission. The record in the proceeding, certified by the Commission, shall be filed with the court in accordance with the Florida Appellate Rules.

(B)

Upon the filing of a notice of appeal, the appropriate district court of appeal shall thereupon have jurisdiction of the proceeding and may grant temporary or permanent relief or restraining order as it deems just and proper, and may enforce, modify, affirm, or set aside, in whole or in part, the order of the Commission. The findings of the Commission with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive.

(C)

The Court may award to the prevailing party all or part of the costs of litigation and reasonable Attorney's fees and expert witness fees, whenever the Court determines that an award is appropriate. However, no costs or fees shall be assessed against the Commission in any appeal from an order issued by the Commission in an adjudicatory proceeding between adversary parties conducted pursuant to this Section.

(D)

The commencement of proceedings under this Section shall not, unless specifically ordered by the district court of appeal, operate as a stay of the Commission's order.

(E)

Appeals filed under this Section shall be heard expeditiously by the district court of appeal to which presented and shall take precedence over all other civil matters except prior matters of the same character.

(Code 1980, § 20-18; Am. Ord. No. 74-77, passed 12/12/77; Am. Ord. No. 70-79, passed 10/8/79)