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Florida Statute 447.209 | Lawyer Caselaw & Research
F.S. 447.209 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 447.209

The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 447
LABOR ORGANIZATIONS
View Entire Chapter
F.S. 447.209
447.209 Public employer’s rights.It is the right of the public employer to determine unilaterally the purpose of each of its constituent agencies, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the public employer to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of any collective bargaining agreement in force or any civil or career service regulation.
History.s. 3, ch. 74-100.

F.S. 447.209 on Google Scholar

F.S. 447.209 on Casetext

Amendments to 447.209


Arrestable Offenses / Crimes under Fla. Stat. 447.209
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.209.



Annotations, Discussions, Cases:

Cases from cite.case.law:

E. HEADLEY, Jr. No. v. CITY OF MIAMI,, 215 So. 3d 1 (Fla. 2017)

. . . . § 447.209, Fla. Stat. (2013). . . .

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

. . . plan and the manner by which they were to perform this task were management prerogatives under section 447.209 . . .

CITY OF JACKSONVILLE, v. JACKSONVILLE SUPERVISOR S ASSOCIATION, INC., 791 So. 2d 508 (Fla. Dist. Ct. App. 2001)

. . . unit and created positions outside of the bargaining unit, because the ruling is contrary to section 447.209 . . . PERC explained: [W]e have not overlooked the City’s contention that Section 447.209, Florida Statutes . . . We agree with the City that by granting this discretion to the public employer, section 447.209 rejects . . . Our interpretation of section 447.209 is consistent with past PERC decisions. . . . We hold that PERC’s ruling is contrary to the express provisions of section 447.209 and Amalgamated, . . .

AMALGAMATED TRANSIT UNION, LOCAL v. HILLSBOROUGH AREA REGIONAL TRANSIT AUTHORITY,, 742 So. 2d 380 (Fla. Dist. Ct. App. 1999)

. . . We, therefore, agree with PERC’s interpretation of section 447.209, Florida Statutes, that the right . . .

ROSARIO, v. C. BURKE,, 605 So. 2d 523 (Fla. Dist. Ct. App. 1992)

. . . inherent in public employer’s right to discipline employee for “proper cause,” as provided in section 447.209 . . .

Z. KAMENESH, v. CITY OF MIAMI, a SIS E. B., 772 F. Supp. 583 (S.D. Fla. 1991)

. . . Defendants rely on Florida Statutes § 447.209 and the parties’ Collective Bargaining Agreement to demonstrate . . . Section 447.209 of Florida Statutes, on which Defendants rely as the source of their unfettered authority . . . As discussed above, both the Police Officer’s Bill of Rights and § 447.209, which statute in turn conditions . . . In pertinent part, § 447.209 reads: It is ... the right of the public employer to direct its employees . . . Section 447.209 also incorporates existing collective bargaining agreements as valid limitations on the . . .

CITY OF FT. LAUDERDALE, v. FRATERNAL ORDER OF POLICE, FT. LAUDERDALE, LODGE, 543 So. 2d 320 (Fla. Dist. Ct. App. 1989)

. . . The City contends that PERC misinterpreted Florida’s statutory management rights clause, § 447.209, Fla.Stat . . .

CITY OF MIAMI, v. F. O. P. MIAMI LODGE, 571 So. 2d 1309 (Fla. Dist. Ct. App. 1989)

. . . Section 447.209, Florida Statutes. . . . Florida has legislatively recognized that there are certain prerogatives granted to management in Section 447.209 . . . testing is a term and condition of employment violates the prerogatives granted to management by Section 447.209 . . .

SCHOOL BOARD OF LEE COUNTY, v. LEE COUNTY SCHOOL BOARD EMPLOYEES, LOCAL AFSCME,, 512 So. 2d 238 (Fla. Dist. Ct. App. 1987)

. . . . § 447.209. In Pasco County School Board v. . . .

CITY OF NEW PORT RICHEY, v. HILLSBOROUGH COUNTY POLICE BENEVOLENT ASSOCIATION, INC., 505 So. 2d 1096 (Fla. Dist. Ct. App. 1987)

. . . The City maintains: (1) Sections 112.60, 166 and 447.209, Florida Statutes (1983) authorized the City . . .

PALM BEACH JUNIOR COLLEGE BOARD OF TRUSTEES, v. UNITED FACULTY OF PALM BEACH JUNIOR COLLEGE,, 475 So. 2d 1221 (Fla. 1985)

. . . In Florida, management rights are recognized in section 447.209. . . . The College was not seeking recognition of management rights, provided for in section 447.209, but a . . . conditions of any collective bargaining agreement in force or any civil or career service regulation. § 447.209 . . .

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, v. A. CALUWE, Jr. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, v. A. CALUWE, Jr. A. CALUWE, Jr. v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT,, 459 So. 2d 390 (Fla. Dist. Ct. App. 1984)

. . . held that the right of a public employer to discipline an employee for “proper cause” under section 447.209 . . . to the operation of an invalid rule is not terminated for proper cause within the meaning of section 447.209 . . .

JACKER, v. SCHOOL BOARD OF DADE COUNTY,, 426 So. 2d 1149 (Fla. Dist. Ct. App. 1983)

. . . 442 (1947), and the right of a public employer to discipline an employee for “proper cause,” see § 447.209 . . .

PALM BEACH JUNIOR COLLEGE BOARD OF TRUSTEES, v. UNITED FACULTY OF PALM BEACH JUNIOR COLLEGE,, 425 So. 2d 133 (Fla. Dist. Ct. App. 1982)

. . . Section 447.209, Florida Statutes. . . .

HILLSBOROUGH CLASSROOM TEACHERS ASSOCIATION, INC. v. SCHOOL BOARD OF HILLSBOROUGH COUNTY, v. FLORIDA TEACHING PROFESSION NATIONAL EDUCATION ASSOCIATION,, 423 So. 2d 969 (Fla. Dist. Ct. App. 1982)

. . . to be offered to the public” which are to be unilaterally set by the public employer, pursuant to § 447.209 . . .

FLORIDA KEYS AQUEDUCT AUTHORITY, v. STEADMAN,, 419 So. 2d 677 (Fla. Dist. Ct. App. 1982)

. . . Section 447.209, Florida Statutes (1979) provides that management may relieve employees from duty when . . .

UNITED STATES v. CITY OF MIAMI, FLORIDA, v. FRATERNAL ORDER OF POLICE, CITY OF MIAMI LODGE NO. R., 664 F.2d 435 (5th Cir. 1981)

. . . . § 447.209 (1974) and the City is free to exercise those prerogatives by making unilateral changes in . . . McCall, 441 F.Supp. 503, 508 (M.D.Fla.1977) (interpreting Fla.Stat.Ann. § 447.209), modified on other . . . Palowitch, 367 So.2d 730 (Fla.Dist.Ct.App.1979); Fla.Stat.Ann. § 447.209. . . . address the issue of the proper interpretation of a public employer’s management rights under Section 447.209 . . . Fla.Stat.Ann. § 447.209 states: Public employer’s rights It is the right of the public employer to determine . . .

CITY OF TALLAHASSEE, v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 410 So. 2d 487 (Fla. 1981)

. . . .-203(3), 447.209, 447.303, 447.307(3)(b), 447.-401, and 447.509), the City argues that under the district . . .

SCHOOL BOARD OF INDIAN RIVER COUNTY, v. INDIAN RIVER COUNTY EDUCATION ASSOCIATION, LOCAL AFT FEA UNITED,, 373 So. 2d 412 (Fla. Dist. Ct. App. 1979)

. . . Section 447.209, Florida Statutes (1977). . . .

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

. . . Section 447.209, Florida Statutes (1977). . . .

F. TANNER, A. A. E. J. v. McCALL,, 441 F. Supp. 503 (M.D. Fla. 1977)

. . . . § 447.209 of the Public Employees Relations Act (‘PERA’) creates a de jure property interest in their . . . Fla.Stat. § 447.209 Provides: It is the right of the public employer to determine unilaterally the purpose . . .