Hernando County v. Mills

Petitioner seeks prohibition to prevent the circuit court from exercising jurisdiction over its dispute with Respondent, its former employee. Petitioner argues that The Florida Public Employer Relations Commission (“PERC”) has exclusive jurisdiction over the matter because Respondent’s complaint merely alleges an unfair labor practice, a matter within the exclusive jurisdiction of PERC.

Petitioner filed a motion to dismiss Respondent’s complaint, raising the jurisdiction issue prior to filing an answer or any motion testing the legal sufficiency of the complaint. The complaint itself is not a…