The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

View Entire Chapter

F.S. 447.203

447.203 Definitions.—As used in this part:

(1) “Commission” means the Public Employees Relations Commission created by s. 447.205.

(2) “Public employer” or “employer” means the state or any county, municipality, or special district or any subdivision or agency thereof which the commission determines has sufficient legal distinctiveness properly to carry out the functions of a public employer. With respect to all public employees determined by the commission as properly belonging to a statewide bargaining unit composed of State Career Service System employees or Selected Professional Service employees, the Governor is deemed to be the public employer; and the Board of Governors of the State University System, or the board’s designee, is deemed to be the public employer with respect to all public employees of each constituent state university. The board of trustees of a community college is deemed to be the public employer with respect to all employees of the community college. The district school board is deemed to be the public employer with respect to all employees of the school district. The Board of Trustees of the Florida School for the Deaf and the Blind is deemed to be the public employer with respect to the academic and academic administrative personnel of the Florida School for the Deaf and the Blind. The Board of Trustees of the Florida School for Competitive Academics is deemed to be the public employer with respect to the academic and academic administrative personnel of the Florida School for Competitive Academics. The Governor is deemed to be the public employer with respect to all employees in the Correctional Education Program of the Department of Corrections established pursuant to s. 944.801.

(3) “Public employee” means any person employed by a public employer except:

(a) Those persons appointed by the Governor or elected by the people, agency heads, and members of boards and commissions.

(b) Those persons holding positions by appointment or employment in the organized militia.

(d) Those persons who are designated by the commission as managerial or confidential employees pursuant to criteria contained herein.

(e) Those persons holding positions of employment with the Florida Legislature.

(f) Those persons who have been convicted of a crime and are inmates confined to institutions within the state.

(g) Those persons appointed to inspection positions in federal/state fruit and vegetable inspection service whose conditions of appointment are affected by the following:

1. Federal license requirement.

2. Federal autonomy regarding investigation and disciplining of appointees.

3. Frequent transfers due to harvesting conditions.

(h) Those persons employed by the Public Employees Relations Commission.

(i) Those persons enrolled as undergraduate students in a state university who perform part-time work for the state university.

(4) “Managerial employees” are those employees who:

(a) Perform jobs that are not of a routine, clerical, or ministerial nature and require the exercise of independent judgment in the performance of such jobs and to whom one or more of the following applies:

1. They formulate or assist in formulating policies which are applicable to bargaining unit employees.

2. They may reasonably be required on behalf of the employer to assist in the preparation for the conduct of collective bargaining negotiations.

3. They have a role in the administration of agreements resulting from collective bargaining negotiations.

4. They have a significant role in personnel administration.

5. They have a significant role in employee relations.

6. They are included in the definition of administrative personnel contained in s. 1012.01(3).

7. They have a significant role in the preparation or administration of budgets for any public agency or institution or subdivision thereof.

(b) Serve as police chiefs, fire chiefs, or directors of public safety of any police, fire, or public safety department. Other police officers, as defined in s. 943.10(1), and firefighters, as defined in s. 633.102, may be determined by the commission to be managerial employees of such departments. In making such determinations, the commission shall consider, in addition to the criteria established in paragraph (a), the paramilitary organizational structure of the department involved.

However, in determining whether an individual is a managerial employee pursuant to paragraph (a) or paragraph (b), above, the commission may consider historic relationships of the employee to the public employer and to coemployees.

(5) “Confidential employees” are persons who act in a confidential capacity to assist or aid managerial employees as defined in subsection (4).

(6) “Strike” means the concerted failure of employees to report for duty; the concerted absence of employees from their positions; the concerted stoppage of work by employees; the concerted submission of resignations by employees; the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of the duties of employment with a public employer for the purpose of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment or the rights, privileges, or obligations of public employment, or participating in a deliberate and concerted course of conduct which adversely affects the services of the public employer; the concerted failure of employees to report for work after the expiration of a collective bargaining agreement; and picketing in furtherance of a work stoppage. The term “strike” shall also mean any overt preparation, including, but not limited to, the establishment of strike funds with regard to the above-listed activities.

(7) “Strike funds” are any appropriations by an employee organization which are established to directly or indirectly aid any employee or employee organization to participate in a strike in the state.

(8) “Bargaining unit” means either that unit determined by the commission, that unit determined through local regulations promulgated pursuant to s. 447.603, or that unit determined by the public employer and the public employee organization and approved by the commission to be appropriate for the purposes of collective bargaining. However, no bargaining unit shall be defined as appropriate which includes employees of two employers that are not departments or divisions of the state, a county, a municipality, or other political entity.

(9) “Chief executive officer” for the state shall mean the Governor and for other public employers shall mean the person, whether elected or appointed, who is responsible to the legislative body of the public employer for the administration of the governmental affairs of the public employer.

(10) “Legislative body” means the State Legislature, the board of county commissioners, the district school board, the governing body of a municipality, or the governing body of an instrumentality or unit of government having authority to appropriate funds and establish policy governing the terms and conditions of employment and which, as the case may be, is the appropriate legislative body for the bargaining unit. For purposes of s. 447.403, the Board of Governors of the State University System, or the board’s designee, shall be deemed to be the legislative body with respect to all employees of each constituent state university. For purposes of s. 447.403 the board of trustees of a community college shall be deemed to be the legislative body with respect to all employees of the community college.

(11) “Employee organization” or “organization” means any labor organization, union, association, fraternal order, occupational or professional society, or group, however organized or constituted, which represents, or seeks to represent, any public employee or group of public employees concerning any matters relating to their employment relationship with a public employer.

(12) “Bargaining agent” means the employee organization which has been certified by the commission as representing the employees in the bargaining unit, as provided in s. 447.307, or its representative.

(13) “Professional employee” means:

(a) Any employee engaged in work in any two or more of the following categories:

1. Work predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work;

2. Work involving the consistent exercise of discretion and judgment in its performance;

3. Work of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and

4. Work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education, an apprenticeship, or training in the performance of routine mental or physical processes.

(b) Any employee who:

1. Has completed the course of specialized intellectual instruction and study described in subparagraph 4. of paragraph (a); and

2. Is performing related work under supervision of a professional person to qualify to become a professional employee as defined in paragraph (a).

(14) “Collective bargaining” means the performance of the mutual obligations of the public employer and the bargaining agent of the employee organization to meet at reasonable times, to negotiate in good faith, and to execute a written contract with respect to agreements reached concerning the terms and conditions of employment, except that neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this part.

(15) “Membership dues deduction” means the practice of a public employer of deducting dues and uniform assessments from the salary or wages of a public employee. Such term also means the practice of a public employer of transmitting the sums so deducted to such employee organization.

(16) “Civil service” means any career, civil, or merit system used by any public employer.

(17) “Good faith bargaining” shall mean, but not be limited to, the willingness of both parties to meet at reasonable times and places, as mutually agreed upon, in order to discuss issues which are proper subjects of bargaining, with the intent of reaching a common accord. It shall include an obligation for both parties to participate actively in the negotiations with an open mind and a sincere desire, as well as making a sincere effort, to resolve differences and come to an agreement. In determining whether a party failed to bargain in good faith, the commission shall consider the total conduct of the parties during negotiations as well as the specific incidents of alleged bad faith. Incidents indicative of bad faith shall include, but not be limited to, the following occurrences:

(a) Failure to meet at reasonable times and places with representatives of the other party for the purpose of negotiations.

(b) Placing unreasonable restrictions on the other party as a prerequisite to meeting.

(d) Refusing, upon reasonable written request, to provide public information, excluding work products as defined in s. 447.605.

(e) Refusing to negotiate because of an unwanted person on the opposing negotiating team.

(f) Negotiating directly with employees rather than with their certified bargaining agent.

(g) Refusing to reduce a total agreement to writing.

(18) “Student representative” means the representative selected by each community college or university student government association. Each representative may be present at all negotiating sessions that take place between the appropriate public employer and an exclusive bargaining agent. The representative must be enrolled as a student with at least 8 credit hours in the respective community college or university during his or her term as student representative.

History.—s. 3, ch. 74-100; s. 1, ch. 76-39; s. 1, ch. 76-214; s. 1, ch. 76-269; s. 1, ch. 77-174; s. 6, ch. 77-343; s. 1, ch. 79-100; s. 118, ch. 79-222; s. 2, ch. 81-305; ss. 10, 12, ch. 85-241; s. 12, ch. 85-318; s. 5, ch. 86-145; s. 35, ch. 89-526; s. 12, ch. 90-365; s. 21, ch. 91-55; s. 14, ch. 91-269; s. 1, ch. 94-89; s. 12, ch. 95-325; s. 152, ch. 97-103; s. 1, ch. 2000-156; s. 1006, ch. 2002-387; s. 52, ch. 2007-217; s. 140, ch. 2013-183; s. 133, ch. 2019-167; s. 5, ch. 2023-245.

F.S. 447.203 on Google Scholar

F.S. 447.203 on Casetext

Amendments to 447.203

Arrestable Offenses / Crimes under Fla. Stat. 447.203

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.203.

Annotations, Discussions, Cases:

Cases from cite.case.law:

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL S- v. STATE, 221 So. 3d 736 (Fla. Dist. Ct. App. 2017)

. . . . § 447.203(2), Fla. Stat. . . . To resolve the impasse, under section 447.203 and 447.403, Florida Statutes, the Legislature appropriated . . .

WAGNER, v. LEE COUNTY,, 678 F. App'x 913 (11th Cir. 2017)

. . . any of the foregoing, the information must be disclosed to a chief executive officer as defined in s. 447.203 . . .

IGWE, v. CITY OF MIAMI,, 208 So. 3d 150 (Fla. Dist. Ct. App. 2016)

. . . any of the foregoing, the information must be disclosed to a chief executive officer as defined in s. 447.203 . . .

R. CREWS, v. STATE, 183 So. 3d 329 (Fla. 2015)

. . . See § 447.203(2)-(3), Fla. . . .

RUSTOWICZ, v. NORTH BROWARD HOSPITAL DISTRICT n k a, 174 So. 3d 414 (Fla. Dist. Ct. App. 2015)

. . . Section 447.203(9), Florida Statutes (2009), states: " 'Chief executive officer’ for the state shall . . .

BROWN v. DENTON,, 152 So. 3d 8 (Fla. Dist. Ct. App. 2014)

. . . Considering the definition of bargaining agent in section 447.203(12), Florida Statutes (2013), the circuit . . .

AMALGAMATED TRANSIT UNION LOCAL v. HILLSBOROUGH AREA REGIONAL TRANSIT,, 139 So. 3d 345 (Fla. Dist. Ct. App. 2014)

. . . See § 447.203(10). . . .

QUINTINI, v. PANAMA CITY HOUSING AUTHORITY,, 102 So. 3d 688 (Fla. Dist. Ct. App. 2012)

. . . any of the foregoing, the information must be disclosed to a chief executive officer as defined in s. 447.203 . . .

SCHOOL DISTRICT OF INDIAN RIVER COUNTY, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION AFL- CIO,, 64 So. 3d 723 (Fla. Dist. Ct. App. 2011)

. . . . § 447.203(8), (12) Fla. Stat. (2008). . . . .

SHERIFF OF PASCO COUNTY, a v. FLORIDA STATE LODGE,, 53 So. 3d 1073 (Fla. Dist. Ct. App. 2010)

. . . PERC concluded that under section 447.203(10), Florida Statutes, the Board is the appropriate legislative . . . Section 447.203 defines “legislative body” in pertinent part as follows: “Legislative body” means the . . . employment and which, as the case may be, is the appropriate legislative body for the bargaining unit. § 447.203 . . . It is clear the Legislature defined “legislative body” in section 447.203(10) so as to ensure the entity . . . Thus PERC’s interpretation of section 447.203(10) is not erroneous. See § 120.68(7)(d), Fla. . . .

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

. . . “Public employee” is defined by section 447.203(3), Florida Statutes, as any person employed by a public . . . finding, at the time of his application for rehire, Stanley was not a public employee within the section 447.203 . . . Id. at 193; see also § 447.203(3)(d), Fla. Stat. . . .

KECK, v. K. EMINISOR,, 46 So. 3d 1065 (Fla. Dist. Ct. App. 2010)

. . . Compare § 447.203(2), Fla. Stat. . . .

CITY OF MARATHON, v. PROFESSIONAL FIREFIGHTERS OF MARATHON, INC. LOCAL INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,, 946 So. 2d 1187 (Fla. Dist. Ct. App. 2006)

. . . defined bargaining unit concluding that they were not “public employees” within the meaning of section 447.203 . . . certain employees are to be included or excluded from a collective bargaining unit pursuant to section 447.203 . . . determination that “part-time” volunteers do not meet the definition of “public employee” under section 447.203 . . . The City is a public employer within the meaning of section 447.203(2), Florida Statutes (2005). . . .

CITY OF MIAMI BEACH, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 937 So. 2d 226 (Fla. Dist. Ct. App. 2006)

. . . 2005), Local 3178 argued that by charging a fee greater than actual cost, the City violated section 447.203 . . . written request, to provide public information, excluding work products as defined in s. 447.605.” § 447.203 . . . purposes that may not be available to the general public, all records obtained pursuant to section 447.203 . . . Section 447.203(17)(d) only obligates a public employer to “provide public information”— that is, lay . . . Florida law requires only that relevant information be provided. § 447.203(17)(d). . . .

FULLER, v. DEPARTMENT OF EDUCATION,, 927 So. 2d 28 (Fla. Dist. Ct. App. 2006)

. . . from participation in Career Service, specifically refers to “managerial employees, as defined in s. 447.203 . . . designated are not included within the definition of public employees under the provisions of section 447.203 . . . PERC is explicitly directed to make such designation pursuant to the criteria established in section 447.203 . . .

UNITED FACULTY OF FLORIDA, AFL- CIO, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 898 So. 2d 96 (Fla. Dist. Ct. App. 2005)

. . . employer from the [Board of Education] to the boards, of trustees resulted from an amendment to Section 447.203 . . .

CITY OF WINTER SPRINGS, v. WINTER SPRINGS PROFESSIONAL,, 885 So. 2d 494 (Fla. Dist. Ct. App. 2004)

. . . Though the City was the employer, section 447.203(10), Florida Statutes provides that the "legislative . . .

FLORIDA PUBLIC EMPLOYEES COUNCIL AFSCME, AFL- CIO, v. PUBLIC EMPLOYEES RELATIONS COMMISSION, 871 So. 2d 270 (Fla. Dist. Ct. App. 2004)

. . . units of state university employees was based entirely on PERC’s conclusion that language in section 447.203 . . . decision, I agree with the majority that PERC’s initial conclusion regarding the portion of section 447.203 . . . At that point, the portion of section 447.203(2) relied upon by PERC (by which the legislature bestowed . . . Section 447.203(2) defines a “public employer” in general as “the state or any county, municipality, . . . 18 (Fla. 5th DCA 1983) (whether employees qualify as “managerial employees” for purposes of section 447.203 . . . The Legislature amended section 447.203(2), Florida Statutes (2001), which set forth that “the Board . . . Thus, section 447.203(2), Florida Statutes (2002), provides, in pertinent part, that: With respect to . . . In his legal analysis, the hearing officer concluded that, until ■ section 447.203(2), which provides . . . PERC concluded that, until and unless section 447.203(2) was repealed or invalidated, it was bound to . . . As such, section 447.203(2) cannot serve as the basis for PERC’s denial of appellant’s petitions. . . .

RICE- LAMAR, v. CITY OF FORT LAUDERDALE, a, 853 So. 2d 1125 (Fla. Dist. Ct. App. 2003)

. . . governmental entity, the information must be disclosed to a chief executive officer as defined in section 447.203 . . .

NORTH FLORIDA WOMEN S HEALTH AND COUNSELING SERVICES, INC. v. STATE, 866 So. 2d 612 (Fla. 2003)

. . . To that end, the trial court took evidence on whether section 447.203(3)(J) serves a compelling state . . . the State’s interest in maintaining the lawyer-client relationship was compelling but that section 447.203 . . .

DADE COUNTY SCHOOL ADMINISTRATORS ASSOCIATION, LOCAL AFSA, AFL- CIO, v. SCHOOL BOARD OF MIAMI- DADE COUNTY,, 840 So. 2d 1103 (Fla. Dist. Ct. App. 2003)

. . . We affirm and decline to reach the question of the constitutionality of section 447.203, Florida Statutes . . . principals met the criteria of managerial employees and administrative personnel as defined in section 447.203 . . . because the unit remained managerial pursuant to their job duties and responsibilities under sections 447.203 . . . 228.041(10), and the managerial status that is specific to the school district personnel found in section 447.203 . . . right to seek a declaratory judgment in circuit court concerning the constitutionality of sections 447.203 . . .

COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. v. B. WILLIAMS, B. v., 838 So. 2d 543 (Fla. 2003)

. . . Are deputy court clerks, unlike deputy sheriffs, public employees within the contemplation of section 447.203 . . . deputy clerks were in fact public employees entitled to collective bargaining rights under section 447.203 . . . under chapter 447, Florida Statutes (1997), because the definition of “public employee” in section 447.203 . . . In Chiles, we addressed the constitutionality of section 447.203(3)(j), Florida Statutes (1997), which . . . This section was enacted as an exception to the definition of “public employee” in section 447.203(3) . . .

KELLEY, v. PUBLIC EMPLOYEES RELATION COMMISSION,, 781 So. 2d 1193 (Fla. Dist. Ct. App. 2001)

. . . Fla. 1st DCA 1997)(PERC acted within its discretion in denying employee attorney’s fees under section 447.203 . . .

AMERICAN SOCIETY OF CONSULTANT PHARMACISTS, v. PATLA,, 138 F. Supp. 2d 1062 (N.D. Ill. 2001)

. . . . § 447.200, 447.201, 447.203, 447.204, 447.205, and 42 C.F.R. § 431.12), and 42 U.S.C. § 1983. . . . Medicaid Act, 42 U.S.C. § 1396a(30)(A), and “its attendant regulations” (42 C.F.R. §§ 447.200, 447.201, 447.203 . . .

B. WILLIAMS, v. COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., 765 So. 2d 908 (Fla. Dist. Ct. App. 2000)

. . . . § 447.203(4)(a), Fla. Stat. . . .

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL AFL- CIO, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 752 So. 2d 569 (Fla. 2000)

. . . Section 447.203 defines the term “public employee” broadly as “any person employed by a public employer . . . hand, if an individual works as a managerial level employee under the criteria set forth in section 447.203 . . . (4) or falls within any of the other exceptions listed in section 447.203(3), the protections of part . . . to determine whether O’Brien worked as an employee in the ordinary sense of the word under section 447.203 . . . Section 447.203 provides in relevant part: 447.203 Definitions. — As used in this part: (3) "Public employee . . .

CHILES, v. STATE EMPLOYEES ATTORNEYS GUILD J., 734 So. 2d 1030 (Fla. 1999)

. . . .2d 502 (Fla. 1st DCA 1998), a decision in which the First District Court of Appeal declared section 447.203 . . . Section 447.203(3)0’) of this chapter in effect prohibits “[tjhose persons who by virtue of their positions . . . (codified at § 447.203(3)(j), Fla. Stat. (1997)). . . . SEAG appealed, arguing that section 447.203(3)(j), Florida Statutes (Supp. 1994), was unconstitutional . . . To that end, the trial court took evidence on whether section 447.203(3)(j) serves a compelling state . . .

SERVICE EMPLOYEES INTERNATIONAL UNION, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 720 So. 2d 290 (Fla. Dist. Ct. App. 1998)

. . . “public employee” in contemplation of Article 1, Section 6 of the Florida Constitution and section 447.203 . . . ARE DEPUTY COURT CLERKS, UNLIKE DEPUTY SHERIFFS, PUBLIC EMPLOYEES WITHIN THE CONTEMPLATION OF SECTION 447.203 . . .

HARRIS v. DISTRICT BOARD OF TRUSTEES OF POLK COMMUNITY COLLEGE, 9 F. Supp. 2d 1319 (M.D. Fla. 1998)

. . . that disclosures regarding a community college be made to a “chief executive officer as defined in § 447.203 . . .

CHILES, v. STATE EMPLOYEES ATTORNEYS GUILD J., 714 So. 2d 502 (Fla. Dist. Ct. App. 1998)

. . . bargain, as provided by Florida’s Constitution, [which] is unconstitutionally infringed upon by Section 447.203 . . . V of the State Constitution.” § 447.203(3)0), Fla. Stat. (1997). . . . s right to seek a declaratory judgment in circuit court concerning the constitutionality of section 447.203 . . . Because section 447.203(3)(j) diminishes this fundamental right, the state must demonstrate that the . . . To that end, the trial court took evidence on whether section 447.203(3)(j) serves a compelling state . . .

CITY OF SAFETY HARBOR, v. COMMUNICATIONS WORKERS OF AMERICA, 715 So. 2d 265 (Fla. Dist. Ct. App. 1998)

. . . This court is not required to defer to PERC’s construction of section 447.203(13)(a), Florida Statutes . . . (1995), insofar as PERC has determined that compliance with section 447.203(13)(a)4. is mandatory. . . . Section 447.203(13) provides: (13) “Professional employee” means: (a) Any employee engaged in work in . . . Respectfully, we are unable to agree with PERC’s construction of section 447.203(13)(a). . . . (13)(a), they fall within the definition . of “professional employee” pursuant to section 447.203(13) . . . I would leave undisturbed PERC’s construction of subsection 447.203(13)(a), Florida Statutes (1995), . . . PERC’s construction precludes coupling (for example) the criteria set out in subsubsections 447.203(13 . . . In interpreting subsection 447.203(13)(a), Florida Statutes (1995), PERC appropriately looked to the . . . If subsection 447.203(13)(a) is construed correctly, it is necessary to reach a question the majority . . . does not address, in order to decide whether PERC correctly construed subsubsection 447.203(13)(a)4. . . .

SAUNDERS, v. HUNTER,, 980 F. Supp. 1236 (M.D. Fla. 1997)

. . . employee must report any incidents under this section to a “chief executive officer as defined in § 447.203 . . .

STATE EMPLOYEES ATTORNEYS GUILD, FPD, NUHHCE, AFSCME, AFL- CIO, v. STATE, 653 So. 2d 487 (Fla. Dist. Ct. App. 1995)

. . . We affirm, but decline to reach the question of the constitutionality of section 447.203, Florida Statutes . . . Thereafter, in the 1994 legislative session, the Florida Legislature passed an amendment to section 447.203 . . . However, they now ask this court to decide the constitutionality of section 447.203(3)(j), Florida Statutes . . . s right to seek a declaratory judgment in circuit court concerning the constitutionality of section 447.203 . . . PERC was required to dismiss the petition because Chapter 94-89, Laws of Florida, codified at section 447.203 . . .

PENNSYLVANIA MEDICAL SOCIETY Dr. B. M. D. v. F. SNIDER, E. B. M. D., 29 F.3d 886 (3d Cir. 1994)

. . . . § 447.201(b), 447.203(a) (1993). . . .

SARASOTA COUNTY SCHOOL DISTRICT, v. SARASOTA CLASSIFIED TEACHERS ASSOCIATION, 614 So. 2d 1143 (Fla. Dist. Ct. App. 1993)

. . . The Sarasota County School Board is a public employer within the meaning of section 447.203(2), Florida . . . It is also a legislative body as defined by section 447.203(10), Florida Statutes (1989). . . . Sarasota Classified/Teachers Association is an employee organization within the meaning of section 447.203 . . . is a public employer pursuant to section 447.-203(2) and it is also a legislative body under section 447.203 . . . CTA is an employee organization within the meaning of section 447.203(11) and is the certified bargaining . . .

J. CANTANESE, v. CEROS- LIVINGSTON,, 599 So. 2d 1021 (Fla. Dist. Ct. App. 1992)

. . . Sections 240.209 and 447.203(2) empower the Board of Regents to negotiate collective bargaining agreements . . .

D. POTTGIESER, v. KIZER, D. POTTGIESER, v. KIZER, W., 906 F.2d 1319 (9th Cir. 1990)

. . . . § 447.250 (inpatient care); § 447.203 (physician services). . . .

CITY OF WINTER PARK, v. WINTER PARK PROFESSIONAL FIRE FIGHTERS, LOCAL IAFF,, 529 So. 2d 1215 (Fla. Dist. Ct. App. 1988)

. . . managerial employees” pursuant to the provisions of subsection (a) and .1, .3, .4, and .5 of section 447.203 . . .

FLORIDA PUBLIC EMPLOYEES COUNCIL AFSCME, v. MARTIN COUNTY PROPERTY APPRAISER, 521 So. 2d 243 (Fla. Dist. Ct. App. 1988)

. . . elected constitutional officer and, therefore, are not public employees within the meaning of section 447.203 . . .

SCHOOL BOARD OF LEE COUNTY, v. PUBLIC EMPLOYEES RELATIONS COMMISSION, 513 So. 2d 1286 (Fla. Dist. Ct. App. 1987)

. . . The commission’s finding that SPALC is an employee organization within the meaning of section 447.203 . . .

TEAMSTERS LOCAL UNION v. PASCO COUNTY BOARD OF COUNTY COMMISSIONERS, 505 So. 2d 541 (Fla. Dist. Ct. App. 1987)

. . . The three substantive arguments, supra, require consideration of section 447.203(14), Florida Statutes . . . Under section 447.203(17), Florida Statutes: Good faith bargaining shall mean, but not be limited to, . . . definition of ‘good faith bargaining’ shall ‘not be limited to’ the statutory definition alone. sec. 447.203 . . .

UNITED TEACHERS OF DADE, FEA UNITED AFT, LOCAL AFL- CIO, v. DADE COUNTY SCHOOL BOARD,, 500 So. 2d 508 (Fla. 1986)

. . . Cases arising from disputes between local school boards (the legally defined “employer,” section 447.203 . . .

CITY OF GAINESVILLE, v. ALACHUA COUNTY POLICE BENEVOLENT ASSOCIATION, INC., 493 So. 2d 46 (Fla. Dist. Ct. App. 1986)

. . . Section 447.203(4)(a) and (b), Florida Statutes, prescribes the criteria for managerial employees. . . .

FLORIDA SCHOOL FOR THE DEAF AND THE BLIND, v. FLORIDA SCHOOL FOR THE DEAF AND THE BLIND, TEACHERS UNITED, FTP- NEA,, 483 So. 2d 58 (Fla. Dist. Ct. App. 1986)

. . . However, Section 447.203(10) clearly defines legislative body as “the governing body of an instrumentality . . . Section 447.203(10) also provides additional support for PERC’s conclusion. . . . Because PERC’s interpretation of Section 447.203(10) to exclude the Board is consistent with legislative . . .

SCHOOL BOARD OF POLK COUNTY, v. POLK EDUCATION ASSOCIATION, INC., 480 So. 2d 1360 (Fla. Dist. Ct. App. 1985)

. . . The Board urges reversal and exclusion of four additional employees, contending that § 447.203(5), Florida . . . definition of employees who act “in a confidential capacity to assist ... managerial employees.” § 447.203 . . . Section 447.203(4) defines the criteria for designating ‘managerial’ employees and Section 447.203(5) . . . area superintendents for whom these secretaries work are ‘managerial’ within the meaning of Section 447.203 . . . superintendents served by the secretaries in question are “managerial employees” because subsection 447.203 . . .

ORANGE COUNTY POLICE BENEVOLENT ASSOCIATION, v. CITY OF CASSELBERRY, 457 So. 2d 1125 (Fla. Dist. Ct. App. 1984)

. . . PERC’s order points to the provisions of Section 447.203(14) which, while requiring the parties to negotiate . . .

WEST PALM BEACH ASSOCIATION OF FIREFIGHTERS, LOCAL UNION L. J. L. v. BOARD OF CITY COMMISSIONERS OF CITY OF WEST PALM BEACH,, 448 So. 2d 1212 (Fla. Dist. Ct. App. 1984)

. . . Furthermore, Section 447.203(14), which provides that “neither party shall be compelled to agree to a . . .

FRATERNAL ORDER OF POLICE, SHERIFF S LODGE NO. v. A. BRESCHER,, 579 F. Supp. 1517 (S.D. Fla. 1984)

. . . S.Ct. 328, 9 L.Ed.2d 405 (1963), it is bound by the Supreme Court of Florida’s construction of Section 447.203 . . . Murphy, the supreme court thoroughly analyzed the history and prior judicial interpretation of Section 447.203 . . . The FPBA in Sikes sought a declaratory judgment that the supreme court’s interpretation of § 447.203 . . . Section 447.203(3) provides: "Public employee” means any person employed by a public employer except: . . . Fla.Stat.Ann. § 447.203(3) (West Supp.1983). . . . .

STATE DEPARTMENT OF ADMINISTRATION, v. PUBLIC EMPLOYEES RELATIONS COMMISSION, AFSCME,, 443 So. 2d 258 (Fla. Dist. Ct. App. 1983)

. . . Section 447.203, Florida Statutes (1981). . . . right to collectively bargain when managerial status is conferred, the managerial indicia of Section 447.203 . . . Section 447.203(5), Florida Statutes (1981). . . .

CITY OF ST. AUGUSTINE, v. PROFESSIONAL FIRE FIGHTERS OF ST. AUGUSTINE, LOCAL IAFF, PFFF,, 440 So. 2d 416 (Fla. Dist. Ct. App. 1983)

. . . determined by an examination of their duties and responsibilities and the criteria listed in section 447.203 . . . Section 447.203(4) prescribes the criteria for managerial employees as follows: “Managerial employees . . . Augustine Fire Department bring the captains within subdivisions 3, 4 and 5 of section 447.203(4)(a). . . . In addition, paragraph (b) of section 447.203(4) which specifically recognizes that firefighters may . . .

OCEAN CITY- WRIGHT FIRE CONTROL DISTRICT, v. OCEAN CITY- WRIGHT FIRE FIGHTERS ASSOCIATION, LOCAL IAFF,, 440 So. 2d 413 (Fla. Dist. Ct. App. 1983)

. . . not contend before the PERC that the captains were managerial employees within the meaning of Section 447.203 . . .

CITY OF ORLANDO, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, 435 So. 2d 275 (Fla. Dist. Ct. App. 1983)

. . . been no formal determination that the rank of lieutenant is a management position under PERA [Section 447.203 . . .

SIKES, v. BOONE,, 562 F. Supp. 74 (N.D. Fla. 1983)

. . . In reaching that determination, the Court first noted that section 447.203(3), Florida Statutes, defines . . . In the case at bar, then, this court is bound by the Florida Supreme Court’s construction of section 447.203 . . . The fact that this court is bound by the Florida Supreme Court’s interpretation of section 447.203(3) . . . the plaintiffs seek a declaratory judgment that the state supreme court’s interpretation of section 447.203 . . . Finally, the plaintiffs contend that the Florida Supreme Court’s interpretation of section 447.203(3) . . .

UNITED FACULTY OF FLORIDA, LOCAL v. BOARD OF REGENTS, STATE UNIVERSITY SYSTEM,, 423 So. 2d 429 (Fla. Dist. Ct. App. 1982)

. . . the holding in the case that “graduate assistants” are employees and as such are deleted from Section 447.203 . . .

UNITED FACULTY OF FLORIDA, LOCAL v. BOARD OF REGENTS, STATE UNIVERSITY SYSTEM,, 417 So. 2d 1055 (Fla. Dist. Ct. App. 1982)

. . . UFF challenges the constitutionality of Chapter 81-305, Laws of Florida, now codified as Section 447.203 . . . employee groups from the definition of “public employee,” with no mention of graduate assistants. § 447.203 . . . Accordingly, the term “graduate assistants” in Section 447.203(3)(i), Florida Statutes (1981) is hereby . . . JOANOS, J., and OWEN, WILLIAM C., Jr., (Retired), Associate Judge, concur. . 447.203 Definitions As used . . . Legislative Intent It is the intent of the Legislature to exempt, by the provisions of s. 447.203(3)( . . .

CITY OF ORLANDO, v. ORLANDO PROFESSIONAL FIRE FIGHTERS, LOCAL IAFF, CITY OF ORLANDO, v. ORLANDO PROFESSIONAL FIRE FIGHTERS, LOCAL IAFF,, 412 So. 2d 406 (Fla. Dist. Ct. App. 1982)

. . . part its petition to designate certain employees as managerial or confidential employees under section 447.203 . . .

CITY OF CLEARWATER FIRE DEPARTMENT v. J. LEWIS, III,, 404 So. 2d 1156 (Fla. Dist. Ct. App. 1981)

. . . See § 447.203(3), Fla.Stat. (1977). . . . .

CITY OF LAKE WALES, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 402 So. 2d 1224 (Fla. Dist. Ct. App. 1981)

. . . evidence supports the findings of fact and the agency correctly applied the statutory criteria, section 447.203 . . .

PENSACOLA JUNIOR COLLEGE, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION AFT, AFL- CIO,, 400 So. 2d 59 (Fla. Dist. Ct. App. 1981)

. . . order of PERC finding that its registrar was not a managerial employee within the meaning of Section 447.203 . . . , and that certain of its secretaries were not confidential employees within the meaning of Section 447.203 . . . confidential employees, and the language of Section 447.203(4), defining managerial employees. . . . In contrast, PERC points out, the language of Section 447.203(5) that “ ‘Confidential employees’ are . . . (Ret.), Associate Judge, concur. .Section 447.203(4) “Managerial employees” are those employees who: . . .

CITY OF TALLAHASSEE, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 393 So. 2d 1147 (Fla. Dist. Ct. App. 1981)

. . . Collective bargaining not only does not require that a government agree to a retirement benefit [Section 447.203 . . .

TOWN OF ORANGE PARK, v. STATE PUBLIC EMPLOYEES RELATIONS COMMISSION, AFL- CIO- CLC,, 391 So. 2d 693 (Fla. Dist. Ct. App. 1980)

. . . captains and the captain/assistant fire chief are not managerial employees under Florida Statutes § 447.203 . . .

MANATEE COUNTY, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION AFSCME, AFL- CIO,, 387 So. 2d 446 (Fla. Dist. Ct. App. 1980)

. . . the Commission's failure to designate certain employees as managerial or confidential under Section 447.203 . . .

CITY OF ORLANDO, v. INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL, 384 So. 2d 941 (Fla. Dist. Ct. App. 1980)

. . . Section 447.203(1), Florida Statutes. . . .

SCHOOL BOARD OF LEE COUNTY, v. FLORIDA PUBLIC EMPLOYEE RELATIONS COMMISSION, IBPAT, AFSCME,, 382 So. 2d 1260 (Fla. Dist. Ct. App. 1980)

. . . principal is, by definition, a confidential employee within the meaning and application of Section 447.203 . . . PERC’s determination that the following are not managerial employees within the meaning of Section 447.203 . . .

PUBLIC EMPLOYEES RELATIONS COMMISSION, v. SCHOOL BOARD OF PALM BEACH COUNTY,, 380 So. 2d 427 (Fla. 1980)

. . . majority opinion below states, with reference to the definition of “confidential employees” in section 447.203 . . . Section 447.203(5) also was considered and addressed in City of Winter Park v. . . . Public Employees Relations Commission, 349 So.2d 224 (Fla. 4th DCA 1977), where the court said: Section 447.203 . . . , in processing petitions which seek to designate certain employees as “confidential” under section 447.203 . . .

BOARD OF REGENTS v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 368 So. 2d 641 (Fla. Dist. Ct. App. 1979)

. . . The Board of Regents is included within the definition of a public employer under § 447.203(2), while . . . a public employee, defined by § 447.203(3), is one “employed by a public employer,” subject to certain . . . The first, Section 447.203(2), provides that the petitioner here, the Board of Regents, is a “public . . . The second, Section 447.203(3), defines a “public employee” as being one “employed by a public employer . . . public employer” and still not be a “public employee”, even without a specific exemption in Section 447.203 . . .

SCHOOL BOARD OF ORANGE COUNTY, v. PALOWITCH,, 367 So. 2d 730 (Fla. Dist. Ct. App. 1979)

. . . Section 447.505, Florida Statutes (1977), Section 447.203(6), Florida Statutes (1977). . . .

CITY OF JACKSONVILLE, v. JACKSONVILLE ASSOCIATION OF FIRE FIGHTERS, IAFF, LOCAL NO., 365 So. 2d 1098 (Fla. Dist. Ct. App. 1979)

. . . to be considered a managerial employee, his job functions must meet the criteria set forth in F.S. 447.203 . . .

UNITED FACULTY OF FLORIDA, FEA UNITED, AFT, AFL- CIO, LOCAL v. BOARD OF REGENTS, 365 So. 2d 1073 (Fla. Dist. Ct. App. 1979)

. . . (Section 447.203(2), Florida Statutes 1975) If and when the negotiations between the public employer . . . (Section 447.203(10), Florida Statutes 1975) The Florida Legislature is thus the “legislative body” for . . .

JESS PARRISH MEMORIAL HOSPITAL, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION No., 364 So. 2d 777 (Fla. Dist. Ct. App. 1978)

. . . employees were managerial employees since such designation could not be stipulated to under Section 447.203 . . .

SCHOOL BOARD OF PALM BEACH COUNTY, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION,, 374 So. 2d 527 (Fla. Dist. Ct. App. 1978)

. . . support a finding that secretaries to principals are confidential employees under Florida Statute § 447.203 . . . Hearing was subsequently held, and pursuant to Florida Statute § 447.203(3)(d), evidence was taken on . . . employee aids or assists the managerial employee in the performance of duties as outlined in Section 447.203 . . . requires confidential status for an employee who (1) assists a managerial employee as defined by § 447.203 . . . confidential status by imposing as additional requirements the performance of duties outlined in § 447.203 . . . Section 447.203(5) does not define “confidential employees” except to say that they are “persons who . . . Section 447.203(4)(a). . . .

DUVAL COUNTY SCHOOL BOARD, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION FEA- AFT, AFL- CIO,, 363 So. 2d 30 (Fla. Dist. Ct. App. 1978)

. . . In its order dismissing the charge, PERC noted that under the definition of “strike” in § 447.203(6), . . .

ST. PETERSBURG JUNIOR COLLEGE, v. PUBLIC EMPLOYEES RELATIONS COMMISSION, 358 So. 2d 1103 (Fla. Dist. Ct. App. 1978)

. . . Petersburg Junior College is, as defined by Section 447.203(2), a public employer and a public employer . . .

CALTAGIRONE, v. SCHOOL BOARD OF HERNANDO COUNTY,, 355 So. 2d 873 (Fla. Dist. Ct. App. 1978)

. . . the School Board of Hernando County, Florida [Board], a public employer within the meaning of Section 447.203 . . .

P. MURPHY, v. L. MACK, 358 So. 2d 822 (Fla. 1978)

. . . employer” and determined that deputy sheriffs are public employees within the definition of Section 447.203 . . . although deputy sheriffs are officers, they are also public employees within the definition of Section 447.203 . . . Comparing Section 447.203, Florida Statutes (1975), and Section 112.044, Florida Statutes (1976), (which . . . respondent argues that had the Legislature intended to exclude sheriffs from the coverage of Section 447.203 . . . Section 447.203(3), Florida Statutes (1975), defines “public employee” as: “ . . . any person employed . . .

PASCO COUNTY SCHOOL BOARD, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, 353 So. 2d 108 (Fla. Dist. Ct. App. 1977)

. . . While Section 447.309(1) contains no similar statement, Section 447.203(14), defining collective bargaining . . .

BROOKS, v. L. WAINWRIGHT,, 439 F. Supp. 1335 (M.D. Fla. 1977)

. . . . § 447.203 by adding subsection (3)(f) to expressly exclude state inmates from the definition of “public . . . Section 447.203 of the PERA, as originally enacted in 1974, and as it became effective on January 1, . . . Fla.Stat. § 447.203(3) (Supp.1975). . . . Stat. § 447.203(3)(f) (Supp.1976). That law is currently existing and controlling. . . . Fla.Stat. § 447.203(3) (Supp.1975) provided: (3) “Public employee” means any person, employed by a public . . .

UNITED FACULTY OF FLORIDA FEA UNITED, AFT- AFL- CIO v. BRANSON BRANSON v. PUBLIC EMPLOYEES RELATIONS COMMISSION, 350 So. 2d 489 (Fla. Dist. Ct. App. 1977)

. . . Section 447.203(10) broadly defines “employee organization” as including any association or professional . . .

CITY OF WINTER PARK, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, 349 So. 2d 224 (Fla. Dist. Ct. App. 1977)

. . . Section 447.203 provides definitions for “managerial” and “confidential” employees who are to be excluded . . . J., and MAGER and ANSTEAD, JJ., concur. . § 447.203(4). . § 447.203(5). . . . .

MIAMI- DADE COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, FHEA,, 341 So. 2d 1054 (Fla. Dist. Ct. App. 1977)

. . . At the time the Commission considered this issue, Section 447.203(4), Florida Statutes (1975), was in . . . Managerial employees are defined in Section 447.203(4), Florida Statutes (1976), as: “(4) “ ‘Managerial . . . nature and require the exercise of independent judgment”, thus fulfilling the requirements of Section 447.203 . . . Since chairpersons meet the requirements of Section 447.203(4)(b), if their duties and responsibilities . . . fall within any one of the seven categories under Section 447.203(4)(a), then they must be categorized . . .

P. MURPHY, v. L. MACK R. HEIDTMAN, v. FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE, 341 So. 2d 1008 (Fla. Dist. Ct. App. 1977)

. . . Section 447.203(2), Florida Statutes (1975), defines a public employer as follows: “ ‘Public employer . . . The term “public employee” is defined in Section 447.203(3), Florida Statutes (1975), as: “ ‘Public Employee . . .

DISTRICT BOARD OF TRUSTEES, POLK COMMUNITY COLLEGE, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION AFT, AFL- CIO, FEA, 343 So. 2d 841 (Fla. Dist. Ct. App. 1976)

. . . the Public Employees Relations Commission for redetermination in light of the amendment of Section 447.203 . . .

SCHOOL BOARD OF MARION COUNTY, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 330 So. 2d 770 (Fla. Dist. Ct. App. 1976)

. . . Commission Rule 8H-2.10, Fla.Adm.Code, which advances the purposes of §§ 447.203(3) (d) and 447.-307( . . . Sec. 447.203(3) (d), (4), (5), F.S. . . . Sec. 447.203(3), F.S.197S (Emphasis added). . . . views might not otherwise be made known, to participate in the determination as contemplated by Sec. 447.203 . . . (F.S. 447.03, 447.201) According to F.S. 447.203(3), “ ‘public employee’ means any person employed by . . . Essentially, PERC’s position is that F.S. 447.203(3) (d) implicitly mandates that it do more than merely . . .

SCHRANK, v. BLISS,, 412 F. Supp. 28 (M.D. Fla. 1976)

. . . Sec. 447.203(3) (Supp.1974) defines “a public employee” as anyone employed by a public employer (defined . . .