The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

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F.S. 447.301

447.301 Public employees’ rights; organization and representation.—

(1)(a) Public employees shall have the right to form, join, and participate in, or to refrain from forming, joining, or participating in, any employee organization of their own choosing.

(b)1. Beginning July 1, 2023, a public employee who desires to be a member of an employee organization must sign and date a membership authorization form, as prescribed by the commission, with the bargaining agent.

2. The membership authorization form must identify the name of the bargaining agent; the name of the employee; the class code and class title of the employee; the name of the public employer and employing agency, if applicable; the amount of the initiation fee and of the monthly dues which the member must pay; and the name and total amount of salary, allowances, and other direct or indirect disbursements, including reimbursements, paid to each of the five highest compensated officers and employees of the employee organization disclosed under s. 447.305(2)(c).

3. The membership authorization form must contain the following statement in 14-point type:

The State of Florida is a right-to-work state. Membership or non-membership in a labor union is not required as a condition of employment, and union membership and payment of union dues and assessments are voluntary. Each person has the right to join and pay dues to a labor union or to refrain from joining and paying dues to a labor union. No employee may be discriminated against in any manner for joining and financially supporting a labor union or for refusing to join or financially support a labor union.

4. A public employee may revoke membership in the employee organization at any time of the year. Upon receipt of the employee’s written revocation of membership, the employee organization must revoke a public employee’s membership. The employee organization may not limit an employee’s right to revoke membership to certain dates. If a public employee must complete a form to revoke membership in the employee organization, the form may not require a reason for the public employee’s decision to revoke his or her membership.

5. An employee organization must retain for inspection by the commission such membership authorization forms and any revocations.

6. This paragraph does not apply to members of an employee organization that has been certified as a bargaining agent to represent law enforcement officers, correctional officers, or correctional probation officers as those terms are defined in s. 943.10(1), (2), or (3), respectively, or firefighters as defined in s. 633.102.

7. The commission may adopt rules to implement this paragraph.

(2) Public employees shall have the right to be represented by any employee organization of their own choosing and to negotiate collectively, through a certified bargaining agent, with their public employer in the determination of the terms and conditions of their employment. Public employees shall have the right to be represented in the determination of grievances on all terms and conditions of their employment. Public employees shall have the right to refrain from exercising the right to be represented.

(3) Public employees shall have the right to engage in concerted activities not prohibited by law, for the purpose of collective bargaining or other mutual aid or protection. Public employees shall also have the right to refrain from engaging in such activities.

(4) Nothing in this part shall be construed to prevent any public employee from presenting, at any time, his or her own grievances, in person or by legal counsel, to his or her public employer and having such grievances adjusted without the intervention of the bargaining agent, if the adjustment is not inconsistent with the terms of the collective bargaining agreement then in effect and if the bargaining agent has been given reasonable opportunity to be present at any meeting called for the resolution of such grievances.

(5) In the case of community colleges and universities, the student government association of each community college or university shall establish procedures for the selection of, and shall select, a student representative to be present, at his or her discretion, at negotiations between the bargaining agent of the employees and the board of trustees. Each student representative shall have access to all written draft agreements and all other written documents pertaining to negotiations exchanged by the appropriate public employer and the bargaining agent, including a copy of any prepared written transcripts of any negotiating session. Each student representative shall have the right at reasonable times during the negotiating session to comment to the parties and to the public upon the impact of proposed agreements on the educational environment of students. Each student representative shall have the right to be accompanied by alternates or aides, not to exceed a combined total of two in number. Each student representative shall be obligated to participate in good faith during all negotiations and shall be subject to the rules and regulations of the Public Employees Relations Commission. The student representatives shall have neither voting nor veto power in any negotiation, action, or agreement. The state or any branch, agency, division, agent, or institution of the state, including community colleges and universities, may not expend any moneys from any source for the payment of reimbursement for travel expenses or per diem to aides, alternates, or student representatives participating in, observing, or contributing to any negotiating sessions between the bargaining parties.

History.—s. 3, ch. 74-100; s. 9, ch. 77-343; s. 191, ch. 79-400; s. 6, ch. 83-214; s. 154, ch. 97-103; s. 1007, ch. 2002-387; s. 1, ch. 2023-35.

F.S. 447.301 on Google Scholar

F.S. 447.301 on Casetext

Amendments to 447.301

Arrestable Offenses / Crimes under Fla. Stat. 447.301

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.301.

Annotations, Discussions, Cases:

Cases from cite.case.law:

KOREN, v. SCHOOL BOARD OF MIAMI- DADE COUNTY,, 97 So. 3d 215 (Fla. 2012)

. . . necessary to establish a prima facie charge alleging a violation of section 447.501(a), (d) and section 447.301 . . .

AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL EMPLOYEES AFSCME COUNCIL v. SCOTT,, 857 F. Supp. 2d 1322 (S.D. Fla. 2012)

. . . . § 447.301(2). . . . Stat. § 447.301(2) (authorizing collective bargaining on the terms and conditions of public employment . . .

BOOTH, v. PASCO COUNTY, FLORIDA,, 829 F. Supp. 2d 1180 (M.D. Fla. 2011)

. . . the United States Constitution, Article I, Sections 4 and 6 of the Florida Constitution, and Sections 447.301 . . .

UNITED TEACHERS OF DADE, v. SCHOOL DISTRICT OF MIAMI- DADE COUNTY,, 68 So. 3d 1003 (Fla. Dist. Ct. App. 2011)

. . . .; see also § 447.301, Fla. Stat. (2010). . . .

MASSACHUSETTS, v. MYLAN LABORATORIES,, 608 F. Supp. 2d 127 (D. Mass. 2008)

. . . . § 447.301 (2006). . . .

CITY OF CORAL GABLES, v. CORAL GABLES WALTER F. STATHERS MEMORIAL LODGE FRATERNAL ORDER OF POLICE,, 976 So. 2d 57 (Fla. Dist. Ct. App. 2008)

. . . The “rights guaranteed” public employees are enumerated in section 447.301, Florida Statutes (2006), . . . not prohibited by law, for the purpose of collective bargaining or other mutual aid or protection.” § 447.301 . . . and by doing so interfered with, restrained and coerced employees in the exercise[] of their Section 447.301 . . .

In PHARMACEUTICAL INDUSTRY AVERAGE WHOLESALE PRICE LITIGATION. A- v., 478 F. Supp. 2d 164 (D. Mass. 2007)

. . . . § 447.301 (2006). . . .

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

. . . longer a public employee and strip him or her of the protections afforded public employees by Section 447.301 . . .

PENNSYLVANIA PHARMACISTS ASSOCIATION S S s U. s v. O. HOUSTOUN, 283 F.3d 531 (3d Cir. 2002)

. . . . §§ 447.301, 447.331-.334 (2001). . . . manufacturer or labeler in the package size of drug most frequently purchased by providers.” 42 C.F.R. § 447.301 . . .

WAL- MART STORES, INC. v. KNICKREHM,, 101 F. Supp. 2d 749 (E.D. Ark. 2000)

. . . . § 447.301. . . . As previously mentioned, Section 447.301 defines “Estimated Acquisition Cost” as the Department’s best . . . by providers for a drug marketed and sold by a particular manufacturer or labeler ...” 42 C.F.R. § 447.301 . . .

UNITED STATES v. BRUNO S, INC., 54 F. Supp. 2d 1252 (M.D. Ala. 1999)

. . . . §§ 447.301; 447.331-332. . . .

RITE AID OF PENNSYLVANIA, INC. v. O. HOUSTOUN, D. C. No. v. O. D. C. v. O. D. C., 171 F.3d 842 (3d Cir. 1999)

. . . . § 447.301. . . .

P. GIBBONS, v. STATE PUBLIC EMPLOYEES RELATIONS COMMISSION, 702 So. 2d 536 (Fla. Dist. Ct. App. 1997)

. . . alleged that the Department violated section 447.501(l)(a),(d), Florida Statutes (1995), and section 447.301 . . . necessary to establish a prima facie charge alleging a violation of section 447.501(l)(a),(d) and section 447.301 . . . In the present case, Gibbons alleged that he was engaged in protected activity pursuant to section 447.301 . . .

COMMUNICATIONS WORKERS OF AMERICA, LOCAL v. CITY OF GAINESVILLE,, 697 So. 2d 167 (Fla. Dist. Ct. App. 1997)

. . . collective bargaining rights guaranteed by article I, section 6, of the Florida Constitution and section 447.301 . . .

INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL NO. L. v. UNION COUNTY BOARD OF COUNTY COMMISSIONERS,, 667 So. 2d 232 (Fla. Dist. Ct. App. 1995)

. . . granting to public employees the “right to engage in concerted activities not prohibited by law,” section 447.301 . . .

STILL S PHARMACY, INCORPORATED, M. F. K. v. CUOMO, A., 981 F.2d 632 (2d Cir. 1992)

. . . . § 447.301. . . . .

AMERICAN FEDERATION OF TEACHERS- HILLSBOROUGH, v. SCHOOL BOARD OF HILLSBOROUGH COUNTY, 584 So. 2d 62 (Fla. Dist. Ct. App. 1991)

. . . Section 447.301(1) states that “public employees shall have the right to form, join, and participate . . .

HILLSBOROUGH COUNTY GOVERNMENTAL EMPLOYEES ASSOCIATION, INC. v. HILLSBOROUGH COUNTY AVIATION AUTHORITY, 522 So. 2d 358 (Fla. 1988)

. . . which event such laws, ordinances, or rules and regulations shall not apply, except as provided in § 447.301 . . .

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

. . . Section 447.301 provides in part: (1) Public employees shall have the right to form, join, and participate . . . (1), while in the instant case SPALC, apparently in its representative capacity pursuant to section 447.301 . . . seeking to communicate with fellow employees in the exercise of their rights guaranteed by Section 447.301 . . .

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

. . . has a reasonable tendency to interfere with, restrain or coerce employees in the exercise of Section 447.301 . . . including Carol MacDonald were engaged in protected concerted activities within the meaning of section 447.301 . . . not prohibited by law, for the purpose of collective bargaining or other mutual aid or protection.” § 447.301 . . .

CITY OF MIAMI, v. FRATERNAL ORDER OF POLICE, MIAMI LODGE AFL- CIO,, 511 So. 2d 549 (Fla. 1987)

. . . policy of deferring to arbitration is supported by other provisions of Chapter 447, Part II: section 447.301 . . .

HEALY, L. v. TOWN OF PEMBROKE PARK, a J., 643 F. Supp. 1208 (S.D. Fla. 1986)

. . . Statutes 447.301. . . .

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

. . . guaranteed by article I, section 6, of the Florida Constitution and the PERA, specifically section 447.301 . . . recognition of management rights, provided for in section 447.209, but a waiver of rights under section 447.301 . . .

AFSCME LOCAL v. S. DELANEY, 458 So. 2d 372 (Fla. Dist. Ct. App. 1984)

. . . agreement, and applicable to all bargaining unit members, was violative of Sections 447.501(l)(a) and 447.301 . . . presented in this case, and the one decided by the hearing officer, is whether it is contrary to Section 447.301 . . . “The charge filed by Delaney states that his rights under Section 447.301(1) were violated because even . . .

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

. . . which event such laws, ordinances, or rules and regulations shall not apply, except as provided in s. 447.301 . . .

A. GALBREATH, v. SCHOOL BOARD OF BROWARD COUNTY,, 446 So. 2d 1045 (Fla. 1984)

FLORENCE NIGHTINGALE NURSING HOME, v. B. BLUM,, 570 F. Supp. 285 (S.D.N.Y. 1983)

. . . . §§ 447.201(b), 447.301, 447.-302(b), 447.331, and 447.273. . . .

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

. . . Under sections 447.301(2) and 447.309(1), Florida Statutes (1981), a public employer is obligated to . . .

HOTEL, MOTEL, RESTAURANT EMPLOYEES AND BARTENDERS UNION, LOCAL AFL- CIO v. ESCAMBIA COUNTY SCHOOL BOARD,, 426 So. 2d 1017 (Fla. Dist. Ct. App. 1983)

. . . which event such laws, ordinances, or rules and regulations shall not apply, except as provided in s. 447.301 . . .

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

. . . required subjects of bargaining, is somewhat analogous to the legislative mandate, provided in Sections 447.301 . . .

A. GALBREATH, v. SCHOOL BOARD OF BROWARD COUNTY,, 424 So. 2d 837 (Fla. Dist. Ct. App. 1982)

. . . Our rejection of the proposition that Section 447.301(4) guarantees an individual unfettered access to . . . jurisdictions interpreting statutory provisions which are identical in all material respects to Section 447.301 . . . therefore decline the FEA’s implicit invitation to recede from our previous interpretation of Section 447.301 . . .

SCHOOL BOARD OF DADE COUNTY, v. DADE TEACHERS ASSOCIATION, FTP- NEA, UNITED TEACHERS OF DADE, LOCAL AFT, v. DADE TEACHERS ASSOCIATION, FTP- NEA,, 421 So. 2d 645 (Fla. Dist. Ct. App. 1982)

. . . Guaranteed the right to self-organize and bargain collectively by section 447.301 of the Act, public . . .

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

. . . Relations Commission), 393 So.2d 1147 (Fla. 1st DCA 1981), holding unconstitutional portions of sections 447.301 . . . plan covered by the City ordinance is a permissive or prohibited subject of bargaining under Sections 447.301 . . . In response to the petition, PERC held that §§ 447.301(2) and 447.309(5) removed from public employers . . . It also held that under § 447.301(2), a public employer has no statutory obligation to negotiate over . . . Prior to the district court’s order, subsections 447.301(2) and 447.309(5) read, in part, as follows: . . .

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

. . . .” § 447.301(3), Fla.Stat. (1979). . . . and it is predictable thát as a result of the majority’s formulation of an interpretation of Section 447.301 . . .

SCHOOL BOARD OF POLK COUNTY, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION,, 399 So. 2d 520 (Fla. Dist. Ct. App. 1981)

. . . Compare section 447.301(1), Florida Statutes (1979), with 29 U.S.C. section 157 (1970). . . .

INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRADES, AFL- CIO, LOCAL v. ANDERSON,, 401 So. 2d 824 (Fla. Dist. Ct. App. 1981)

. . . and coerced non-union public employees in the free exercise of the rights guaranteed them by section 447.301 . . . Section 447.301(1) provides: Public employees shall have the right to form, join, and participate in, . . . section 447.501(2)(a), Florida Statutes. . 29 U.S.C., § 157, which is the Federal counterpart to section 447.301 . . .

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

. . . on its decision in City of Miami, 4 FPER 4134 (1978), in which it held that the effect of Sections 447.301 . . . On Question 2, the Commission determined that pursuant to Section 447.301(2), the employer is under no . . . Section 447.301(2), a part of the statute which implements the above constitutional provision, states . . . We hold the following phrase contained in Section 447.301(2) Florida Statutes, unconstitutional: “excluding . . . questions propounded to PERC by the City each called for an interpretation of the provisions of Sections 447.301 . . .

DUVAL COUNTY SCHOOL BOARD, v. DUVAL TEACHERS UNITED FEA UNITED, AFT, AFL- CIO, LOCAL NO., 393 So. 2d 1151 (Fla. Dist. Ct. App. 1981)

. . . Section 447.301(4) provides: Nothing in this part shall be construed to prevent any public employee from . . .

ILLINOIS COUNCIL FOR LONG TERM CARE, a a a a J. a J. a J. a J. v. C. MILLER, L., 503 F. Supp. 1091 (N.D. Ill. 1980)

. . . . § 447.301-306 since it “eliminates from any consideration the actual cost of acquisition of all post-July . . .

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

. . . Union representatives, as alleged in the County’s objections based on unfair labor practices (Sections 447.301 . . .

FRATERNAL ORDER OF POLICE, MIAMI LODGE AFSCME v. CITY OF MIAMI,, 384 So. 2d 726 (Fla. Dist. Ct. App. 1980)

. . . The appellants, as plaintiffs, filed a declaratory decree action seeking a ruling that Sections 447.301 . . .

METROPOLITAN DADE COUNTY, v. DADE COUNTY EMPLOYEES, LOCAL AFSCME, 376 So. 2d 1206 (Fla. Dist. Ct. App. 1979)

. . . appeal proceeding, a part of Dade’s civil service disciplinary process, by virtue of PERA’s sections 447.301 . . . Section 447.301(2) provides: (2) Public employees shall have the right to be represented by any employee . . .

OKALOOSA- WALTON JUNIOR COLLEGE BOARD OF TRUSTEES, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, 372 So. 2d 1378 (Fla. Dist. Ct. App. 1979)

. . . held the College guilty of interfering with and restraining employees in their exercise of Section 447.301 . . .

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

. . . Section 447.301(2) assures public employees the right, through a certified bargaining agent, to negotiate . . .

SEITZ, v. DUVAL COUNTY SCHOOL BOARD,, 366 So. 2d 119 (Fla. Dist. Ct. App. 1979)

. . . The School Board was charged with interfering with the exercise of employee rights guaranteed by F.S. 447.301 . . . We observe though that in 1976, F.S. 447.301 did not contain the words “to engage in concerted activities . . .

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

. . . interfered with, restrained and coerced public employees in the exercise of rights guaranteed in § 447.301 . . . activity interfered with, restrained or coerced public employees in the exercise of rights guaranteed in § 447.301 . . .