Florida Statutes
Fla. Stat. § 447.09 (2025)
Right of franchise preserved; penalties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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447.09 Right of franchise preserved; penalties.—It shall be unlawful for any person:
(1) To interfere with or prevent the right of franchise of any member of a labor organization. The right of franchise shall include the right of an employee to make complaint, file charges, give information or testimony concerning the violations of this chapter, or the petitioning to the union regarding any grievance he or she may have concerning membership or employment, or the making known facts concerning such grievance or violations of law to any public officials, and the right of free petition, lawful assemblage and free speech.
(2) To prohibit or prevent any election of the officers of any labor organization.
(3) To participate in any strike, walkout, or cessation of work or continuation thereof without the same being authorized by a majority vote of the employees to be governed thereby; provided, that this shall not prohibit any person from terminating his or her employment of his or her own volition.
(4) To conduct any election referred to in subsection (3) of this section without a secret ballot.
(5) To charge, receive, or retain any dues, assessments or other charges in excess of, or not authorized by, the constitution or bylaws of any labor organization.
(6) To solicit membership for or to act as a representative of an existing labor organization without authority of such labor organization to do so.
(7) To seize or occupy property unlawfully during the existence of a labor dispute.
(8) To cause any cessation of work or interference with the progress of work by reason of any jurisdictional dispute, grievance or disagreement between or within labor organizations.
(9) To coerce or intimidate any employee in the enjoyment of legal rights, including those guaranteed in s. 447.03; to coerce or intimidate any elected or appointed public official; or to intimidate the family, picket the domicile, or injure the person or property of such employee or public official, or his or her family.
(10) To picket beyond the area of the industry or employment within which a labor dispute arises.
(11) To engage in picketing by force and violence, or to picket in such a manner as to prevent ingress and egress to and from any premises, or to picket other than in a reasonable and peaceable manner.
(12) To solicit advertising in the name of a labor organization without the written permission of such organization.
(13) To undertake through the medium of a card, circular, pamphlet, newspaper or any other medium whatsoever, or by any holding out to the public as officially representing a labor organization without the written authority or contract with such labor organization. Any publication claiming endorsement by a labor organization shall list in such publication the name and address of the organization or organizations endorsing same.
History.—s. 9, ch. 21968, 1943; s. 1, ch. 65-355; s. 2, ch. 77-343; s. 150, ch. 97-103; s. 9, ch. 2020-160.
Note.—Former s. 481.09.
Arrestable Offenses under F.S. 447.09
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§447.09(1)CIVIL RIGHTSPREVENT UNION MEMBER FROM RIGHT OF FRANCHISE
§447.09(2)PUBLIC ORDER CRIMESPREVENT ELECTION LABOR UNION OFFICERS
§447.09(3)PUBLIC ORDER CRIMESSTRIKE WALKOUT STOP WORK WITHOUT MAJORITY VOTE
§447.09(4)PUBLIC ORDER CRIMESCONDUCT ELECTION WITHOUT SECRET BALLOT
§447.09(5)EMBEZZLECHARGE UNAUTHORIZED LABOR UNION DUES
§447.09(6)FRAUD-IMPERSONREMOVED
§447.09(7)FRAUD-IMPERSONSOLICIT UNION MEMBERSHIP OR REPRESENT W/O AUTH
§447.09(8)FRAUD-FALSE STATEMENTREMOVED
§447.09(9)PUBLIC ORDER CRIMESSEIZE OCCUPY PROPERTY DURING LABOR DISPUTE
§447.09(10)PUBLIC ORDER CRIMESSTOP WORK RE UNION DISPUTE GRIEVANCE DISAGREE
§447.09(11)INTIMIDATIONEMPLOYEE REGARDING RIGHT NOT TO ORGANIZE
§447.09(12)ASSEMBLY-UNLAWFULPICKET BEYOND LABOR DISPUTE AREA
§447.09(13)ASSEMBLY-UNLAWFULPICKET PREVENT INGRESS AND EGRESS OF PREMISE
§447.09(14)FRAUDSOLICIT AD IN NAME OF LBR UNION W/O PERMISSION
§447.09(15)FRAUDPUBLICATION REPRESENT LABOR UNION W/O CONTRACT
Notes of Decisions
Cited in 8
cases, 1954–1980 · leading case: DeMarco v. Publix Super Markets, Inc., 360 So. 2d 134 (Fla. 3d DCA 1978).
DeMarco v. Publix Super Markets, Inc., 360 So. 2d 134 (Fla. 3d DCA 1978). “He alleged that as a result of this deliberate and malicious termination, Publix was primarily liable in the following respects: (1) interference with the good faith exercise of his rights under Article I, Section 21 [1] and 9, [2] Florida Constitution (1968), and Section…”
DeMarco v. Publix Super Markets, Inc., 384 So. 2d 1253 (Fla. 1980). “In his other grounds, DeMarco claimed relief due to interference with the exercise of his statutory right under section 447.09, Florida Statutes (1975), damage to his reputation in that his firing imputed he was unreliable or incompetent, and severe emotional distress and mental…”
Stevens v. Horne, 325 So. 2d 459 (Fla. 4th DCA 1975). “The trial court below found as a matter of fact that the acts complained of in Count IV and Count V were clearly violative of Florida Statutes Section 447.09, and further that all the testimony presented to the court showed that the statute was willfully violated.”
Treasure, Inc. v. Hotel & Restaurant Employees & Bartenders' Union, Local No. 133, 72 So. 2d 670 (Fla. 1954). “F.S. § 447.09, F.S.A., makes it unlawful for any person to coerce or intimidate any employee in the enjoyment of his legal rights, including those guaranteed in F.”
Fontainebleau Hotel Corp. v. Hotel Employees Union, 92 So. 2d 415 (Fla. 1957). “Section 447.09(3, 4, 11) preserves the right of franchise but makes it unlawful to participate in any strike, walkout or cessation of labor or continuation thereof unless authorized by a majority vote of the employees affected.”
CANNERY, C., D., W. & A. EMP. v. Winter Haven Hosp., Inc., 279 So. 2d 23 (Fla. 1973). “" Section 447.09(11) of the Florida Statutes, 1971, F.”
Int'l Co. v. Hotel Employees Union, 7 Fla. Supp. 164 (Fla. Cir. Ct., Miami-Dade Cty. 1955). “Whereupon, it is ordered that the application and prayer for a preliminary injunction is granted, first, because there is violence and minatory conduct disqualifying the picketing, under Florida Statutes, section 447.09, subsections (11), (12) and (13), and, secondly, because…”
Hescom, Inc. v. Stalvey, 155 So. 2d 3 (Fla. 1st DCA 1963). “Section 447.09, F.S.A. ; F.S. Section 447.”
— 447.09(11) — 2 cases
Stevens v. Horne, 325 So. 2d 459 (Fla. 4th DCA 1975). “The trial court below found as a matter of fact that the acts complained of in Count IV and Count V were clearly violative of Florida Statutes Section 447.09, and further that all the testimony presented to the court showed that the statute was willfully violated.”
CANNERY, C., D., W. & A. EMP. v. Winter Haven Hosp., Inc., 279 So. 2d 23 (Fla. 1973). “" Section 447.09(11) of the Florida Statutes, 1971, F.”
— 447.09(3) — 2 cases
Fontainebleau Hotel Corp. v. Hotel Employees Union, 92 So. 2d 415 (Fla. 1957). “Section 447.09(3, 4, 11) preserves the right of franchise but makes it unlawful to participate in any strike, walkout or cessation of labor or continuation thereof unless authorized by a majority vote of the employees affected.”
Int'l Co. v. Hotel Employees Union, 7 Fla. Supp. 164 (Fla. Cir. Ct., Miami-Dade Cty. 1955). “Whereupon, it is ordered that the application and prayer for a preliminary injunction is granted, first, because there is violence and minatory conduct disqualifying the picketing, under Florida Statutes, section 447.09, subsections (11), (12) and (13), and, secondly, because…”
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