The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

View Entire Chapter

F.S. 447.09

447.09 Right of franchise preserved; penalties.—It shall be unlawful for any person:

(1) To interfere with or prevent the right of franchise of any member of a labor organization. The right of franchise shall include the right of an employee to make complaint, file charges, give information or testimony concerning the violations of this chapter, or the petitioning to the union regarding any grievance he or she may have concerning membership or employment, or the making known facts concerning such grievance or violations of law to any public officials, and the right of free petition, lawful assemblage and free speech.

(2) To prohibit or prevent any election of the officers of any labor organization.

(3) To participate in any strike, walkout, or cessation of work or continuation thereof without the same being authorized by a majority vote of the employees to be governed thereby; provided, that this shall not prohibit any person from terminating his or her employment of his or her own volition.

(4) To conduct any election referred to in subsection (3) of this section without a secret ballot.

(5) To charge, receive, or retain any dues, assessments or other charges in excess of, or not authorized by, the constitution or bylaws of any labor organization.

(6) To solicit membership for or to act as a representative of an existing labor organization without authority of such labor organization to do so.

(7) To seize or occupy property unlawfully during the existence of a labor dispute.

(8) To cause any cessation of work or interference with the progress of work by reason of any jurisdictional dispute, grievance or disagreement between or within labor organizations.

(9) To coerce or intimidate any employee in the enjoyment of legal rights, including those guaranteed in s. 447.03; to coerce or intimidate any elected or appointed public official; or to intimidate the family, picket the domicile, or injure the person or property of such employee or public official, or his or her family.

(10) To picket beyond the area of the industry or employment within which a labor dispute arises.

(11) To engage in picketing by force and violence, or to picket in such a manner as to prevent ingress and egress to and from any premises, or to picket other than in a reasonable and peaceable manner.

(12) To solicit advertising in the name of a labor organization without the written permission of such organization.

(13) To undertake through the medium of a card, circular, pamphlet, newspaper or any other medium whatsoever, or by any holding out to the public as officially representing a labor organization without the written authority or contract with such labor organization. Any publication claiming endorsement by a labor organization shall list in such publication the name and address of the organization or organizations endorsing same.

History.—s. 9, ch. 21968, 1943; s. 1, ch. 65-355; s. 2, ch. 77-343; s. 150, ch. 97-103; s. 9, ch. 2020-160.

Note.—Former s. 481.09.

F.S. 447.09 on Google Scholar

F.S. 447.09 on Casetext

Amendments to 447.09

Arrestable Offenses / Crimes under Fla. Stat. 447.09

Level: Degree
Misdemeanor/Felony: First/Second/Third

S447.09 1 - CIVIL RIGHTS - PREVENT UNION MEMBER FROM RIGHT OF FRANCHISE - M: S

S447.09 2 - PUBLIC ORDER CRIMES - PREVENT ELECTION LABOR UNION OFFICERS - M: S

S447.09 3 - PUBLIC ORDER CRIMES - STRIKE WALKOUT STOP WORK WITHOUT MAJORITY VOTE - M: S

S447.09 4 - PUBLIC ORDER CRIMES - CONDUCT ELECTION WITHOUT SECRET BALLOT - M: S

S447.09 5 - EMBEZZLE - CHARGE UNAUTHORIZED LABOR UNION DUES - M: S

S447.09 6 - FRAUD-IMPERSON - REMOVED - M: S

S447.09 7 - FRAUD-IMPERSON - SOLICIT UNION MEMBERSHIP OR REPRESENT WO AUTH - M: S

S447.09 8 - FRAUD-FALSE STATEMENT - REMOVED - M: S

S447.09 9 - PUBLIC ORDER CRIMES - SEIZE OCCUPY PROPERTY DURING LABOR DISPUTE - M: S

S447.09 10 - PUBLIC ORDER CRIMES - STOP WORK RE UNION DISPUTE GRIEVANCE DISAGREE - M: S

S447.09 11 - INTIMIDATION - EMPLOYEE REGARDING RIGHT NOT TO ORGANIZE - M: S

S447.09 12 - ASSEMBLY-UNLAWFUL - PICKET BEYOND LABOR DISPUTE AREA - M: S

S447.09 13 - ASSEMBLY-UNLAWFUL - PICKET PREVENT INGRESS AND EGRESS OF PREMISE - M: S

S447.09 14 - FRAUD - SOLICIT AD IN NAME OF LBR UNION WO PERMISSION - M: S

S447.09 15 - FRAUD - PUBLICATION REPRESENT LABOR UNION WO CONTRACT - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

KARLIN, M. D. T. M. D. D. M. D. s v. C. FOUST, a E. B. W. R. D. M. E. A. A. P. K. B. E., 188 F.3d 446 (7th Cir. 1999)

. . . . § 447.09 (subjecting a person who violates any provision of Wisconsin regulations governing the licensing . . .

DeMARCO, v. PUBLIX SUPER MARKETS, INC. a, 384 So. 2d 1253 (Fla. 1980)

. . . , DeMarco claimed relief due to interference with the exercise of his statutory right under section 447.09 . . .

DeMARCO, v. PUBLIX SUPER MARKETS, INC. a, 360 So. 2d 134 (Fla. Dist. Ct. App. 1978)

. . . exercise of his rights under Article I, Section 21 and 9, Florida Constitution (1968), and Section 447.09 . . . without merit the argument that Publix is liable for interference with DeMarco’s rights under Section 447.09 . . .

STEVENS v. J. HORNE, Jr. a, 325 So. 2d 459 (Fla. Dist. Ct. App. 1975)

. . . that the acts complained of in Count IV and Count V were clearly violative of Florida Statutes Section 447.09 . . . effigy with the implied threat of violence to him is a clear violation of Florida Statute, Section 447.09 . . .

CANNERY, CITRUS, DRIVERS, WAREHOUSEMEN AND ALLIED EMPLOYEES OF LOCAL v. WINTER HAVEN HOSPITAL, INC., 279 So. 2d 23 (Fla. 1973)

. . . Section 447.09(11) of the Florida Statutes, 1971, F.S.A., provides, in part: “It shall be unlawful for . . .

FOSTER, v. GILBERT,, 264 F. Supp. 209 (S.D. Fla. 1967)

. . . right to join or assist a labor organization, the foregoing being a misdemeanor as provided in Chapters 447.09 . . .

HESCOM, INC. v. R. STALVEY, No. A. F. L. No. A. F. L., 155 So. 2d 3 (Fla. Dist. Ct. App. 1963)

. . . Section 447.09, F.S.A. ; F.S. Section 447.11, F.S.A. . . . .

SCHERMERHORN, E. v. LOCAL OF RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL- CIO AFL- CIO a, 141 So. 2d 269 (Fla. 1962)

. . . . §§ 447.01 and 447.09, Fla.Stat., F.S.A. “4. . . .

FONTAINEBLEAU HOTEL CORP. a v. HOTEL EMPLOYEES UNION, LOCAL NO. A. F. L. L. H. K., 92 So. 2d 415 (Fla. 1957)

. . . As to the latter, Section 447.09(3), Florida Statutes, F.S.A., requires that strike be approved by a . . . Under the statute, Section 447.09(12, 13) and other provisions thereof, picketing contemplates a labor . . .

BOCA RATON CLUB, a a v. HOTEL EMPLOYEES UNION, LOCAL NO. A. F. L. H. L. SORRENTO HOTEL CORP. a v. HOTEL EMPLOYEES UNION, LOCAL NO. A. F. L. H. L. LEVY, J. Co. T. Co. C. A. v. HOTEL EMPLOYEES UNION, LOCAL NO. A. F. L. H. L. LEEVLANDS CORPORATION, v. HOTEL EMPLOYEES UNION, LOCAL NO. A. F. L. H. L. MONTE CARLO, v. HOTEL EMPLOYEES UNION, LOCAL NO. A. F. L. H. L. COLLINS AVENUE CORPORATION, a v. HOTEL EMPLOYEES UNION, LOCAL NO. A. F. L. H. L., 83 So. 2d 11 (Fla. 1955)

. . . We do not deem it necessary to determine the applicability in these cases of Sec. 447.09(3), Florida . . .

INTERNATIONAL COMPANY, v. HOTEL EMPLOYEES UNION, LOCAL, 7 Fla. Supp. 164 (Dade Cty. Cir. Ct. 1955)

. . . there is violence and minatory conduct disqualifying the picketing, under Florida Statutes, section 447.09 . . . authorized be a required majority vote of the affected employees, prohibited by subsection (3) of section 447.09 . . . Subsection 13 of section 447.09 makes it unlawful to engage in picketing “by force and violence” or, . . . nature of force and coercion and amounts to unlawful picketing, under subsections 11 and 13 of section 447.09 . . . Under section 447.09(3) of the Florida Statutes it is made unlawful for any person to participate in . . .

HOTEL RESTAURANT EMPLOYEES BARTENDERS UNION, LOCAL NO. v. BOCA RATON CLUB,, 73 So. 2d 867 (Fla. 1954)

. . . Sec. 447.09(9), F.S.A., which makes it unlawful “[f]or any person to seize or occupy property unlawfully . . . Sec. 447.09(11), F.S.A., and part of a scheme or pattern whereby the employer intended to use, and did . . . Sec. 447.09(11) F.S.A. Italics added. . . .

TREASURE, v. HOTEL AND RESTAURANT EMPLOYEES AND BARTENDERS UNION, LOCAL No. A. F. OF L., 72 So. 2d 670 (Fla. 1954)

. . . . § 447.09, F.S.A., makes it unlawful for any person to coerce or intimidate any employee in the enjoyment . . .

FEDERAL DEPOSIT INS. CORPORATION v. RECORDS, 34 F. Supp. 600 (W.D. Mo. 1940)

. . . Porter claim in the amount of $447.09; the D. M. Dillingham claim in the amount of $153.14; the D. . . .

A. S. C. E., 20 Fla. 204 (Fla. 1883)

. . . Nims.. 447.09 Amount of Baker & Cohen's bill paid by C. E. . . .