Cases from cite.case.law:

CITY OF MIAMI, v. MIAMI LODGE FRATERNAL ORDER OF POLICE,, 247 So. 3d 618 (Fla. App. Ct. 2018)

. . . Under section 447.401 and Articles 6.4, 6.6, and 6.8 of the governing Collective Bargaining Agreement . . . Section 447.401 provides career service employees with various avenues to address his or her grievances . . . There is nothing ambiguous about what section 447.401 provides, including its limiting language. . . . Section 447.401 provides, in relevant part, as follows: A career service employee shall have the option . . . Thus, under both section 447.401 and the Collective Bargaining Agreement, the grievance procedure under . . .

ISRAEL, v. CASTRO,, 162 So. 3d 328 (Fla. Dist. Ct. App. 2015)

. . . provisions of the CBA should be determined by an arbitrator pursuant to Article 38 of the CBA and section 447.401 . . . Section 447.401, Florida Statutes (2009), requires public employers to “negotiate a grievance procedure . . .

CITY OF JACKSONVILLE, JACKSONVILLE SHERIFF S OFFICE, v. COWEN,, 973 So. 2d 503 (Fla. Dist. Ct. App. 2007)

. . . . § 447.401, Fla. Stat. (2003). . . . The election-of-remedies provision in Florida Statutes, section 447.401, is hereby incorporated into . . . Department of Transportation, this court interpreted an earlier version of section 447.401 (one which . . . We interpret these cases to mean that section 447.401 precludes resort to a second method for resolution . . .

SANTANA, v. DEPARTMENT OF JUVENILE JUSTICE,, 935 So. 2d 73 (Fla. Dist. Ct. App. 2006)

. . . See § 447.401, Fla. Stat. (2004); Taylor v. Pub. . . .

TAYLOR, v. PUBLIC EMPLOYEES RELATIONS COMMISSION, 878 So. 2d 421 (Fla. Dist. Ct. App. 2004)

. . . Section 447.401, Florida Statutes, (2003) governs grievance procedures for public employee union members . . .

DEPAOLA, v. TOWN OF DAVIE,, 872 So. 2d 377 (Fla. Dist. Ct. App. 2004)

. . . We also find the trial court improperly dismissed the claim based on section 447.401, Florida Statutes . . . Section 447.401 provides in pertinent part: All public employees shall have the right to a fair and equitable . . . Section 447.401, Florida Statutes, provides that “[a]ll public employees shall have the right to a fair . . . shall not be required to process grievances for employees who are not members of the organization.” § 447.401 . . .

HALLANDALE PROFESSIONAL FIREFIGHTERS, LOCAL v. CITY OF HALLANDALE,, 777 So. 2d 435 (Fla. Dist. Ct. App. 2001)

. . . Section 447.401, Florida Statutes (1999), which governs grievance procedures between public employers . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. IRVEN,, 724 So. 2d 698 (Fla. Dist. Ct. App. 1999)

. . . Whether Irven’s election of remedies under section 112.3187(11) and section 447.401, Florida Statutes . . .

BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, v. CITRUS, CANNERY FOOD PROCESSING ALLIED WORKERS, DRIVERS, WAREHOUSEMEN HELPERS, LOCAL UNION, 738 So. 2d 953 (Fla. Dist. Ct. App. 1998)

. . . Section 447.401 does require one provision in all public employee labor contracts, that there be a negotiated . . . their rights to voluntarily exclude some aspect of their collective bargaining agreement from section 447.401 . . .

METROPOLITAN DADE COUNTY, v. DADE COUNTY ASSOCIATION OF FIREFIGHTERS, LOCAL, 575 So. 2d 289 (Fla. Dist. Ct. App. 1991)

. . . Appellant argues the arbitration award is precluded by the express language of section 447.401, Florida . . . civil service appeal procedure, forecloses him from seeking relief under the grievance procedure. § 447.401 . . .

KRESSE, v. CITY OF HIALEAH, a, 539 So. 2d 534 (Fla. Dist. Ct. App. 1989)

. . . . § 447.401, Fla. . . .

BASS, v. DEPARTMENT OF TRANSPORTATION,, 516 So. 2d 972 (Fla. Dist. Ct. App. 1987)

. . . Because of the procedural history of this case, and because of the provisions of § 447.401, Fla. . . . Section 447.401, Fla. . . . Under § 447.401, a career service public employee who is also a union member may contest a disciplinary . . . Given the above quoted provisions of § 447.401, PERC’s determination that Mr. . . .

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

. . . grievance procedure, administered without regard to membership or non-membership in any or-ganization_” § 447.401 . . .

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

. . . It is unclear what the district court perceived the Commission’s duty to be, pursuant to section 447.401 . . . PERC’s position is that in addition to the explicit arbitration requirements of section 447.401, its . . . PERC’s initial decision to order the parties to arbitrate, pursuant to section 447.401, and its decision . . . College, 475 So.2d 1221, 1225 (Fla.1985) ("Arbitration is guaranteed to public employees by § 447.401 . . . Law Implemented 447.-201, 447.107, 447.401, 447.501, 447.503, FS. History-New. . . .

FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE, HIALEAH LODGE v. CITY OF HIALEAH, FLORIDA, a, 815 F.2d 631 (11th Cir. 1987)

. . . Accordingly, any conflict arising between 447.401 and the Civil Service Act of the City of Cassel-berry . . . , Florida, must be resolved in favor of section 447.401. . . . Florida Supreme Court has indicated, FOP was free to exclude the — collective bargaining agreement from § 447.401 . . . their rights to voluntarily exclude some aspect of their collective bargaining agreement from section 447.401 . . . A review of the agreement attached to the Complaint reveals that FOP not only failed to exclude § 447.401 . . .

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

. . . practice complaint, but is in effect a grievance under the contract; that in accordance with Section 447.401 . . .

CITY OF CASSELBERRY, v. ORANGE COUNTY POLICE BENEVOLENT ASSOCIATION, 482 So. 2d 336 (Fla. 1986)

. . . PERC stated that, while the PBA might have believed that section 447.401, Florida Statutes (1981), required . . . Section 447.401 provides that parties “shall negotiate a grievance procedure to be used for the settlement . . . Section 447.401 further requires that such procedure shall provide for binding arbitration as its final . . . , Florida, must be resolved in favor of section 447.401. . . . Yet section 447.401 does not threaten to undermine local civil service systems statewide as the city . . .

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

. . . Arbitration is guaranteed to public employees by § 447.401; there is no such provision in private sector . . .

PALM BEACH JUNIOR COLLEGE BOARD OF TRUSTEES, v. UNITED FACULTY OF PALM BEACH JUNIOR COLLEGE, 468 So. 2d 1089 (Fla. Dist. Ct. App. 1985)

. . . In our view, the agency’s interpretation of section 447.401, Florida Statutes (1983), is reasonable, . . .

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

. . . contract’s “grievance procedure culminating in binding arbitration,” a provision required by Section 447.401 . . . Section 447.401 (reproduced at footnote 3 supra) provides that the parties “shall negotiate a grievance . . . to exempt certain of its provisions from the grievance-to-arbitration provision required by Section 447.401 . . . civil service procedures in lieu of the grievance-to-arbitration mechanism contemplated by Section 447.401 . . . agreed upon with the certified bargaining agent for the public employees in the bargaining unit. . 447.401 . . .

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

. . . the dismissal, holding that Galbreath could be foreclosed from individual arbitration under section 447.401 . . . Section 447.401, Florida Statutes (1979), provides, in pertinent part: All public employees shall have . . . Therefore, the grievant’s right to a fair and equitable grievance procedure mandated by Section 447.401 . . . We also find Galbreath’s constitutional attack on section 447.401, Florida Statutes (1979), to be without . . .

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

. . . collective bargaining agreement between Local 1363 and Metropolitan Dade County does not violate Section 447.401 . . . Local 1363 contends that this method of dispute resolution violates Section 447.401 because it does not . . . Section 447.401 must be read in pari mate-ria with Section 447.309(5), Florida Statutes (1981), which . . . Therefore, this agreement does not violate the mandate of Section 447.401. . . . Because the grievance procedure mandated by Section 447.401 need not cover the matters set forth in the . . .

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

. . . Appellant contends that he cannot be legally foreclosed from arbitration under Section 447.401, Florida . . . through the arbitration stage of the statutorily required grievance procedures prescribed by Section 447.401 . . . Section 447.401, Florida Statutes (1979), provides, in pertinent part: All public employees shall have . . . Therefore, the grievant’s right to a fair and equitable grievance procedure mandated by Section 447.401 . . .

A. GALBREATH, v. BROWARD COUNTY CLASSROOM TEACHERS ASSOCIATION, INC., 540 F. Supp. 245 (S.D. Fla. 1982)

. . . Further, plaintiff argues that § 447.401, F.S., along with PERC’s interpretation of the same, denies . . . He reasons that prior to the enactment of § 447.401, F.S., both dues paying and non-dues paying members . . . That the enactment of § 447.401, F.S., as well as PERC’s interpretation of its meaning, has effectively . . . Such a reading of § 447.401, F.S. would place an affirmative duty on the CTA to process grievances of . . . Clearly, either of the above interpretations of the meaning of § 447.401, F.S. by the Fourth District . . .

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

. . . . § 447.401, Fla.Stat. (1979); see generally Leon County CTA v. . . . on whether Lewis attained permanent employee status by the time of the meeting with Chief Pitts. § 447.401 . . .

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

. . . petition for declaratory statement, answered the following question in the affirmative: Does Section 447.401 . . . We find that § 447.401, Florida Statutes (1979), does not restrict the union’s participation as a party . . .

DUVAL TEACHERS UNITED, v. DUVAL COUNTY SCHOOL BOARD,, 390 So. 2d 431 (Fla. Dist. Ct. App. 1980)

. . . directions that the judge order the parties to negotiate a grievance procedure in accordance with § 447.401 . . . Section 447.401, Florida Statutes (1979). . . .

CITY OF WEST PALM BEACH, v. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION,, 387 So. 2d 533 (Fla. Dist. Ct. App. 1980)

. . . . § 447.401 Fla. Stat. (1979). Nor do we find any conflict with the Florida Arbitration Code. . . .

CITY OF MIAMI, a v. FRATERNAL ORDER OF POLICE LODGE NO. OF CITY OF MIAMI, a FRATERNAL ORDER OF POLICE LODGE NO. OF CITY OF MIAMI, a v. CITY OF MIAMI, a, 378 So. 2d 20 (Fla. Dist. Ct. App. 1979)

. . . requires the inclusion of a grievance procedure which terminates in final and binding arbitration, Sec. 447.401 . . .

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

. . . Section 447.401. . . . Grievance procedures under section 447.401 are those by which employers and their representatives, and . . . The section 447.401 grievance process is different from civil service disciplinary procedures provided . . . Section 447.401 explicitly recognizes that civil service appeals are significantly different from grievance . . . representation of public employees should be restricted in grievance procedures authorized by section 447.401 . . .

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 447.401 provides that each public employer and bargaining agent shall negotiate a grievance procedure . . . Insofar as a career service employee is concerned, Section 447.401 specifically provides that such an . . .

BREVARD FEDERATION OF TEACHERS, LOCAL FEA UNITED, AFL- CIO, v. SCHOOL BOARD OF BREVARD COUNTY,, 372 So. 2d 169 (Fla. Dist. Ct. App. 1979)

. . . a final judgment setting aside an arbitrator’s order entered pursuant to the provisions of Section 447.401 . . . (Id. at 626) In addition, the appellee, while making no direct claim that Section 447.401 is unconstitutional . . .

F. ISON, v. W. ZIMMERMAN,, 372 So. 2d 431 (Fla. 1979)

. . . Florida Statutes (1976), and entitled as such to a fair and equitable grievance procedure under section 447.401 . . .

K. SHERRY, v. UNITED TEACHERS OF DADE, a, 368 So. 2d 445 (Fla. Dist. Ct. App. 1979)

. . . This is an appeal from an order dismissing a complaint seeking to have Section 447.401, Florida Statutes . . . would not process the grievance on her behalf because she is not a union member and pursuant to Section 447.401 . . . Thereupon, Sherry filed the present declaratory judgment action arguing that Section 447.401, Florida . . . therefore, conclude that in the posture of this case the issue of the constitutionality of Section 447.401 . . . Affirmed. . “447.401 Grievance procedures “Each public employer and bargaining agent shall negotiate . . .