The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

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F.S. 447.17

447.17 Civil remedy; injunctive relief.—

(1) Any person who may be denied employment or discriminated against in his or her employment on account of membership or nonmembership in any labor union or labor organization shall be entitled to recover from the discriminating employer, other person, firm, corporation, labor union, labor organization, or association, acting separately or in concert, in the courts of this state, such damages as he or she may have sustained and the costs of suit, including reasonable attorney’s fees. If such employer, other person, firm, corporation, labor union, labor organization, or association acted willfully and with malice or reckless indifference to the rights of others, punitive damages may be assessed against such employer, other person, firm, corporation, labor union, labor organization, or association.

(2) Any person sustaining injury as a result of any violation or threatened violation of the provisions of this section shall be entitled to injunctive relief against any and all violators or persons threatening violation.

(3) The remedy and relief provided for by this section shall not be available to public employees as defined in part II of this chapter.

History.—s. 2, ch. 74-100; s. 1, ch. 77-174; s. 4, ch. 77-343; s. 151, ch. 97-103.

F.S. 447.17 on Google Scholar

F.S. 447.17 on Casetext

Amendments to 447.17

Arrestable Offenses / Crimes under Fla. Stat. 447.17

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.17.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SHERIFF OF BROWARD COUNTY, v. STANLEY,, 50 So. 3d 640 (Fla. Dist. Ct. App. 2010)

. . . decline to adopt the broad interpretation of Southwest Florida because a separate statute, section 447.17 . . . by this section shall not be available to public employees as defined in [Chapter 447, Part II.] § 447.17 . . .

DUNN, v. AIR LINE PILOTS ASSOCIATION,, 836 F. Supp. 1574 (S.D. Fla. 1993)

. . . The twelve-count Complaint alleged violations of Florida Statute § 447.17 and the' Florida RICO Act, . . . claims include an action for permanent injunctive relief, (Am.Compl. ¶ 57), violations of Fla.Stat. § 447.17 . . .

M. HARTLEY, v. OCEAN REEF CLUB, INC., 476 So. 2d 1327 (Fla. Dist. Ct. App. 1985)

. . . See also § 447.17, Fla.Stat. (1983) (action for discrimination based on membership in labor union); § . . .

TRUCKDRIVERS, WAREHOUSEMEN HELPERS, LOCAL NO. v. H. CADLE,, 360 So. 2d 435 (Fla. Dist. Ct. App. 1978)

. . . (See F.S. 447.17 and F.S. 59.46.) . . .

ANDRIOLA, v. BROWARD COUNTY,, 47 Fla. Supp. 97 (Broward Cty. Cir. Ct. 1976)

. . . Maxwell court did not have before it the question of whether a suit predicated under Florida Statute 447.17 . . . notwithstanding the fact that these same activities would constitute a cause of action under Florida Statute 447.17 . . . court is of the opinion that the question of whether or not a suit predicated under Florida Statute 447.17 . . .

S. BARTON v. CITY OF EUSTIS, FLORIDA,, 415 F. Supp. 1355 (M.D. Fla. 1976)

. . . . §§ 447.17(1) and (2), providing for civil compensatory and injunctive remedies to “any person who may . . . It is a possible and permissible interpretation of Fla.Stat. § 447.17(2), therefore, that it creates . . . Court cannot conclude that plaintiffs have failed to invoke its pendent jurisdiction under Fla.Stat. §§ 447.17 . . .