Cases from cite.case.law:

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

. . . . § 447.309(1), Fla. . . .

DADE COUNTY POLICE BENEVOLENT ASSOCIATION, v. MIAMI- DADE COUNTY BOARD OF COUNTY COMMISSIONERS, 160 So. 3d 482 (Fla. Dist. Ct. App. 2015)

. . . If such agreement is not ratified by all parties, pursuant to the provisions of s. 447.309, the legislative . . .

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

. . . . § 447.309(4), Fla. . . . the terms of the impasse statute such proceedings were void from the outset, and pursuant to section 447.309 . . .

FLORIDA STATE FIRE SERVICE ASSOCIATION, IAFF, LOCAL S- v. STATE, 128 So. 3d 160 (Fla. Dist. Ct. App. 2013)

. . . The Legislature further defined the duty to engage in collective bargaining in section 447.309(1), Florida . . . Section 447.309(1), Florida Statutes states that the “bargaining agent for the organization and the chief . . . new condition in the agreement, and, in that respect, it was contrary to the requirements of section 447.309 . . .

SCOTT, v. WILLIAMS,, 107 So. 3d 379 (Fla. 2013)

. . . Hillsborough Aviation Auth., 522 So.2d 358, 362 (Fla.1988) (holding that section 447.309(3), Florida . . .

CITY OF MIAMI BEACH, v. BOARD OF TRUSTEES OF CITY PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS IN CITY OF MIAMI BEACH,, 91 So. 3d 237 (Fla. Dist. Ct. App. 2012)

. . . Section 447.309(3), Florida Statutes, says: If any provision of a collective bargaining agreement is . . . The Court held that Section 447.309(3), Florida Statutes, would be unconstitutional if the statute was . . . Thus, section 447.309(3) stands as it applies to conflicts between statutes or ordinances and agreements . . . Immediately before the questioned language the high court held essentially that if Section 447.309(3) . . . to conflicts between collective bargaining agreements and statutes and ordinances, and that Section 447.309 . . .

COMMUNICATIONS WORKERS OF AMERICA AFL- CIO, CLC IAFF, v. CITY OF GAINESVILLE,, 65 So. 3d 1070 (Fla. Dist. Ct. App. 2011)

. . . Section 447.309(1), Florida Statutes (2008), requires a public employer to bargain collectively the wages . . . The obligation to bargain imposed by Section 447.309(1), extends to all terms and conditions of employment . . .

SCHOOL DISTRICT OF MARTIN COUNTY, v. PUBLIC EMPLOYEES RELATIONS COMMISSION, 15 So. 3d 42 (Fla. Dist. Ct. App. 2009)

. . . Although there is no precise definition of what must be submitted to collective bargaining, section 447.309 . . .

FLORIDA PUBLIC EMPLOYEES COUNCIL AFSCME, AFL- CIO, v. STATE, 921 So. 2d 676 (Fla. Dist. Ct. App. 2006)

. . . to enact or adopt an enabling amendment to make the provision effective in accordance with section 447.309 . . .

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

. . . See § 447.309(1) Fla. Stat. (2002), and Citrus, Cannery, Food Processing and Allied Workers v. . . .

POLICE BENEVOLENT ASSOCIATION, INC. v. STATE, 818 So. 2d 584 (Fla. Dist. Ct. App. 2002)

. . . argued in the complaint that Section 8.1.A(1) of the 2000-2001 General Appropriation Act , section 447.309 . . . Section 447.309(2)(b), Florida Statutes (2000) provides: "If the state is a party to a collective bargaining . . .

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

. . . Section 447.309(1), Florida Statutes (1999), provides that a public employer has the obligation to bargain . . .

CHILES, v. UNITED FACULTY OF FLORIDA,, 615 So. 2d 671 (Fla. 1993)

. . . .” § 447.309(2), Fla.Stat. (1989). .Article VII, section 1(d), Florida Constitution, states: "Provision . . . as a whole that impaired a contract but obviously did not constitute an unfair labor practice. . § 447.309 . . .

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

. . . As affirmative defenses to the charge the school board claimed section 447.309(2), Florida Statutes ( . . . PERC also rejected the school board’s contention that it had acted properly pursuant to section 447.309 . . . This request which was made pursuant to section 447.309(2) was approved and the agreements were fully . . . The legislature clearly reserved this right when it enacted section 447.309(2) and made it clear that . . . Section 447.309(2) does not impair the right to bargain. . . .

SCHOOL BOARD OF MARTIN COUNTY, v. MARTIN COUNTY EDUCATION ASSOCIATION,, 613 So. 2d 521 (Fla. Dist. Ct. App. 1993)

. . . This appeal turns on whether the “collective bargaining agreement” referred to in section 447.309(2) . . . The terms of section 447.309(2) are unambiguous. . . . After a collective bargaining agreement is negotiated and concluded in good faith, section 447.309(2) . . . CONCLUSION We conclude that the plain meaning of section 447.309(2) requires reversal. . . . The benefit of section 447.309(2) to a public employer is triggered by the execution of the collective . . .

STATE v. FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., 613 So. 2d 415 (Fla. 1992)

. . . Thus, section 447.309(2) provides that “[t]he failure of the legislative body to appropriate funds sufficient . . . agreement and is required to include full funding for the agreement in his proposed budget, see section 447.309 . . . Had that been the case here, then section 447.309(2) would apply, requiring the governor to administer . . . argument that the legislative actions in this case were rendered permissible by operation of section 447.309 . . .

CITY OF OPA- LOCKA, v. DADE COUNTY POLICE BENEVOLENT ASSOCIATION,, 610 So. 2d 518 (Fla. Dist. Ct. App. 1992)

. . . F.O.P., Miami Lodge 20, 571 So.2d 1309, 1320 (Fla. 3d DCA 1989) (“Under Section 447.309, Florida Statutes . . .

FRATERNAL ORDER OF POLICE, MIAMI LODGE v. CITY OF MIAMI,, 609 So. 2d 31 (Fla. 1992)

. . . Section 447.309(1), Florida Statutes (1983), provides, in pertinent part, as follows: [T]he bargaining . . . force and thus is excluded from the range of subjects which must be mandatorily bargained under section 447.309 . . .

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

. . . Under Section 447.309, Florida Statutes (1983), if a subject involves the determination of “wages, hours . . . force and thus is excluded from the range of subjects which must be mandatorily bargained under Section 447.309 . . . is a managerial prerogative and thus not a mandatory subject of collective bargaining under Section 447.309 . . . to be collectively bargained, the court stated that the subject fell within the language in Section 447.309 . . . because it involves the determination of terms and conditions of employment as set forth in section 447.309 . . . Section 447.309(1), Florida Statutes (1983), requires that the certified employee organization and the . . . Mandatory collective bargaining of compulsory drug testing, as well as being required by Section 447.309 . . .

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

. . . The agreements were ratified by the employees and, pursuant to section 447.309(3), Florida Statutes ( . . . PBA and GEA argued that if section 447.309(3) were given the construction urged by the Board and the . . . The court, rather than addressing the constitutionality of section 447.309(3), reversed PERC’s decision . . . The result obtained under their interpretation of section 447.309(3) is opposite the result urged by . . . It is clear and unambiguous that section 447.309(3) must apply. . . . I totally disagree with the conclusion that section 447.309(3), Florida Statutes (1985), is unconstitutional . . . I find the legislature, in enacting section 447.309(3), did so to make sure that public employees of . . .

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

. . . are not only required to bargain over wages, hours and terms and conditions of employment, (section 447.309 . . . it directly affected terms and conditions of employment and, as such, was subject to negotiation. § 447.309 . . .

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

. . . See § 447.309(1), Fla.Stat. (1983). . . . Section 447.309(1), which was enacted to implement the provisions of article I, section 6, provides that . . .

FLORIDA DEPARTMENT OF HEALTH REHABILITATIVE SERVICES, v. SOUTHERN ENERGY, LTD. a, 493 So. 2d 1082 (Fla. Dist. Ct. App. 1986)

. . . The opinion there notes the provision in section 447.309(2), Florida Statutes (1975), by which the legislature . . .

SCHOOL BOARD OF LEVY COUNTY, v. LEVY COUNTY EDUCATION ASSOCIATION, 492 So. 2d 1140 (Fla. Dist. Ct. App. 1986)

. . . for coaching duties performed by teachers is a “wage” subject to collective bargaining under section 447.309 . . . coaching duties performed by teachers was not a wage subject to collective bargaining under section 447.309 . . . It concluded that supplemental pay for coaches who also teach is a wage under section 447.309(1), Florida . . .

FRATERNAL ORDER OF POLICE, MIAMI LODGE AFL- CIO, v. CITY OF MIAMI, 492 So. 2d 1122 (Fla. Dist. Ct. App. 1986)

. . . that an employee insurance program is a term and condition of employment within the meaning of Section 447.309 . . .

HILLSBOROUGH COUNTY AVIATION AUTHORITY v. HILLSBOROUGH COUNTY GOVERNMENTAL EMPLOYEES ASSOCIATION, INC., 482 So. 2d 505 (Fla. Dist. Ct. App. 1986)

. . . the collective bargaining agreement the Authority appeared to have acted in accordance with section 447.309 . . . Pinellas also held that, in accordance with section 447.309(3), collective bargaining agreement provisions . . . The ap-pellees disagree with those arguments and also contend that section 447.309(3), as interpreted . . . Also, whether or not section 447.309(3), as interpreted in Pinellas, may be held to be unconstitutional . . . Any conclusion that the Pinellas interpretation of section 447.309(3), which provides an affirmative . . .

AMALGAMATED TRANSIT UNION INTERNATIONAL, AFL- CIO, v. J. DONOVAN,, 767 F.2d 939 (D.C. Cir. 1985)

. . . . § 447.309 (West 1981) (wages, hours, and terms and conditions of employment for all public employees . . .

CITY OF HOLLYWOOD, v. HOLLYWOOD MUNICIPAL EMPLOYEES AFSCME LOCAL AFSCME, AFL- CIO,, 468 So. 2d 1036 (Fla. Dist. Ct. App. 1985)

. . . Municipal Employees Local 2432 (Union), while engaged in collective bargaining pursuant to Section 447.309 . . . Section 447.309(4). . . . which requires: If such agreement is not ratified by all parties, pursuant to the provisions of s. 447.309 . . . resolved items), and submit the agreement for ratification pursuant to the existing provisions in s. 447.309 . . . Amendment to House Bill 1655 deleted from the proposed subsection (4)(e) reference to returning to Section 447.309 . . .

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

. . . DCA 1983) (hereafter “AFSCME, Local 1363”), Section 447.401 must be read in pari materia with Section 447.309 . . .

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 . . .

AMERICAN FEDERATION OF STATE, COUNTY MUNICIPAL EMPLOYEES, LOCAL v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, 430 So. 2d 481 (Fla. Dist. Ct. App. 1983)

. . . Section 447.401 must be read in pari mate-ria with Section 447.309(5), Florida Statutes (1981), which . . .

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

. . . Escambia County Civil Service Act and its resolution, set forth below, as to the effect of Section 447.309 . . . It is our view that Section 447.309(3) was ... never intended to operate as a wholesale impediment to . . . This interpretation of Section 447.309(3) is further supported when it is read in pari materia with Section . . . It seems clear from a reading of both statutes that Section 447.309(3) must be read as contemplating . . . Service Board, or pay plan adopted pursuant to the Civil Service Act, was subject, pursuant to Section 447.309 . . .

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

. . . decisions is not a subject over which collective bargaining negotiations are required pursuant to Section 447.309 . . . See Section 447.309(1), Florida Statutes. . . . of bargaining, is somewhat analogous to the legislative mandate, provided in Sections 447.301(2) and 447.309 . . . The courts of Florida in numerous instances have noted that Section 447.309(1), Florida Statutes, requires . . . not itself constitute a wage, hour, term, or condition of employment within the meaning of Section 447.309 . . . This Court further noted that section 447.309(3), Florida Statutes provides: If any provision of a collective . . . cannot be mandated: If such agreement is not ratified by all parties, pursuant to the provisions of s. 447.309 . . . over wages, hours, terms and conditions of employment by ratifying an agreement pursuant to section 447.309 . . .

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)

. . . . § 447.309(3), Civil Service Board has discretion to adopt amendments to its rules and regulations that . . . Ann. § 447.309(1) (1977). See, e. g., School Bd. of Indian River Cty v. Indian River Cty Ed. . . . Moreover it is interesting to note that Section 447.309(5) provides that a collective bargaining agreement . . . City of Jacksonville, 334 So.2d 339 (Fla.Dist.Ct.App.1976); Fla.Stat.Ann. § 447.309(5). . . . Moreover, as noted above, civil service rules and regulations were excepted from Section 447.309(5)’s . . . . § 447.309(1) (West 1981) and 10 T. Kheel, Labor Law § 54.03 (1977) with R. . . . Our reading of the Florida public employees’ collective bargaining statute, Fla.Stat.Ann. § 447.309 ( . . .

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

. . . ), 393 So.2d 1147 (Fla. 1st DCA 1981), holding unconstitutional portions of sections 447.301(2) and 447.309 . . . the City ordinance is a permissive or prohibited subject of bargaining under Sections 447.301(2) and 447.309 . . . In response to the petition, PERC held that §§ 447.301(2) and 447.309(5) removed from public employers . . . to retirement and the applicable merit and civil service rules and regulations” contained in Section 447.309 . . . Prior to the district court’s order, subsections 447.301(2) and 447.309(5) read, in part, as follows: . . .

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

. . . This rule was promulgated to effectuate the mandate of section 447.309(1), Florida Statutes, which provides . . . Section 447.309(4) requires ratification “by a majority vote of employees voting in the unit, in accordance . . .

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

. . . .-301(2) and 447.309(5), Florida Statutes (1979). (2) Assuming that pension plans covered by a city ordinance . . . to retirement and the applicable merit and civil service rules and regulations” contained in Section 447.309 . . . Section 447.309(5), Florida Statutes, also part of the implementing statute, states as follows: The question . . . The Division of Retirement points out that the questioned phrases in Sections 447.-301(2) and 447.309 . . . We also hold the following phrase contained in Section 447.309(5), Florida Statutes, unconstitutional . . .

In CITY OF OCALA, v. MARION COUNTY POLICE BENEVOLENT ASSOCIATION, No., 392 So. 2d 26 (Fla. Dist. Ct. App. 1980)

. . . This conclusion is buttressed by § 447.309(1), Florida Statutes (1977), which provides: After an employee . . . in Palm Beach Junior College, 4 FPER 4081, supra, that: The obligation to bargain imposed by Section 447.309 . . .

LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL v. GREATER ORLANDO AVIATION AUTHORITY, 385 So. 2d 716 (Fla. Dist. Ct. App. 1980)

. . . The circuit court may wish to harmonize Section 447.309, and especially Section 447.309(3), Florida Statutes . . .

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

. . . appellants, as plaintiffs, filed a declaratory decree action seeking a ruling that Sections 447.301(2) and 447.309 . . .

CITY OF WINTER PARK, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, 383 So. 2d 653 (Fla. Dist. Ct. App. 1980)

. . . This principle is recognized in section 447.309(4), Florida Statutes (1979). . . . The City, because of the language of section 447.309(4), in the context of section 447.309 as a whole . . . Ratification is clearly required under section 447.309(4) in the case of a contract reached without impasse . . . 1975) does not specifically authorize resolution of impasse as to length of a contract, but section 447.309 . . . This danger was anticipated by the Legislature in its enactment of section 447.309(5), Florida Statutes . . .

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)

. . . negotiations nevertheless continue to be terms and conditions of employment and, by virtue of Section 447.309 . . . The obligation to bargain imposed by Section 447.309(1), extends to all terms and conditions of employment . . . The point seems to be that Section 447.309(1), Florida Statutes (1977), requires the appellant to bargain . . .

PUBLIC EMPLOYEES RELATIONS COMMISSION, H. De FEA AFT, AFL- CIO, v. DISTRICT SCHOOL BOARD OF DE SOTO COUNTY,, 374 So. 2d 1005 (Fla. Dist. Ct. App. 1979)

. . . Section 447.309(1) mandates that, once an employee organization has been certified to represent a group . . . However, subparagraph (3) of Section 447.309, concerning collective bargaining and the subjects of collective . . . That argument would have to fail in the face of the provision in Section 447.309(3) that where a statute . . .

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

. . . Under Section 447.309(1), Florida Statutes (1977) it is required that “After an employee organization . . . R.C. in the appealed order goes on to say: The School Board next argues that Section 447.309(5) operates . . . as a statutory “zipper clause,” reasoning thusly: Section 447.309 states that any collective bargaining . . . negotiations nevertheless continue to be terms and conditions of employment and, by virtue of Section 447.309 . . . The obligation to bargain imposed by Section 447.309(1), extends to all terms and conditions of employment . . .

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

. . . In fulfillment of the responsibilities imposed by Section 447.309(2), Florida Statutes 1975, the official . . . Among the controlling laws was F.S. 447.309(2), by which the Legislature explicitly reserved the right . . . The petitioner was expressly put on notice thereof by the terms of F.S. 447.309(2). . . . F.S. 447.309(2), Florida Statutes 1975, provides: “Upon execution of the collective bargaining agreement . . .

CITY OF WINTER HAVEN, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION No., 358 So. 2d 1374 (Fla. Dist. Ct. App. 1978)

. . . Section 447.309(1), Florida Statutes (1975). . . . Section 447.309(1). . . . Section 447.309(4). . . . Sections 447.309 and 447.403 clearly delineate the specific functions of the chief executive officer . . . Section 447.309(1) provides: “Any collective bargaining agreement reached by the negotiators shall be . . .

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

. . . Moreover Section 447.309(1) requires, after an employee organization has been certified, the respective . . . The Board was statutorily mandated by Sections 447.309(1) and 447.501(l)(c) to bargain collectively with . . . While Section 447.309(1) contains no similar statement, Section 447.203(14), defining collective bargaining . . .

PINELLAS COUNTY POLICE BENEVOLENT ASSOCIATION v. HILLSBOROUGH COUNTY AVIATION AUTHORITY, 347 So. 2d 801 (Fla. Dist. Ct. App. 1977)

. . . legal issue, that being whether a Civil Service Board has discretion under the provisions of Section 447.309 . . . Section 447.309(3) provides as follows: “If any provision of a collective bargaining agreement is in . . . We are not here asked to, nor do we, pass upon the constitutionality of the aforequoted subsection 447.309 . . . See Section 447.309(2), Florida Statutes. . . .