447.17

Civil remedy; injunctive relief.

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447.17 Civil remedy; injunctive relief.—

(1) Any person who may be denied employment or discriminated against in his or her employment on account of membership or nonmembership in any labor union or labor organization shall be entitled to recover from the discriminating employer, other person, firm, corporation, labor union, labor organization, or association, acting separately or in concert, in the courts of this state, such damages as he or she may have sustained and the costs of suit, including reasonable attorney’s fees. If such employer, other person, firm, corporation, labor union, labor organization, or association acted willfully and with malice or reckless indifference to the rights of others, punitive damages may be assessed against such employer, other person, firm, corporation, labor union, labor organization, or association.

(2) Any person sustaining injury as a result of any violation or threatened violation of the provisions of this section shall be entitled to injunctive relief against any and all violators or persons threatening violation.

(3) The remedy and relief provided for by this section shall not be available to public employees as defined in part II of this chapter.

History.—s. 2, ch. 74-100; s. 1, ch. 77-174; s. 4, ch. 77-343; s. 151, ch. 97-103.

Notes of Decisions

Cited in 6 cases, 1976–2010 · leading case: Barton v. City of Eustis, Fla.

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Barton v. City of Eustis, Fla. (1976) flmd · cites it 6× “17 (1) and (2), providing for civil compensatory and injunctive remedies to “any person who may be denied employment or discriminated against in his employment on account of membership or non-membership in any labor union or labor organization.”

Hartley v. Ocean Reef Club, Inc. (1985) fladistctapp · cites it 2× “See also § 447.17, Fla. Stat. (1983) (action for discrimination based on membership in labor union); § 448.”

Dunn v. Air Line Pilots Ass'n (1993) flsd · cites it 3× “¶ 57), violations of Fla.Stat. § 447.17, (id. ¶¶ 60, 63), interference with business relationships, (id.”

SHERIFF OF BROWARD COUNTY v. Stanley (2010) fladistctapp · cites it 4× “] § 447.17, Fla. Stat. The existence of this separate remedy further demonstrates that section 447.”

Branch v. City of Myrtle Beach (1998) scctapp · cites it 2× “201 (1997) (declaring constitutional provision applicable to public employees); Fla.Stat.Ann. § 447.17 (1997) (providing that civil remedy available to any person who may be denied employment because of membership or nonmembership in any labor union is not available to public…”

Truckdrivers, Warehousemen & Helpers, Local No. 512 v. Cadle (1978) fladistctapp “(See F.S. 447.17 and F.S. 59.46.) We therefore remand to the trial court for the sole purpose of conducting such proceedings as may be necessary relevant to the fixing of such fees incident to this appeal.”

— 447.17(2) — 1 case

Barton v. City of Eustis, Fla. (1976) flmd “17 (1) and (2), providing for civil compensatory and injunctive remedies to “any person who may be denied employment or discriminated against in his employment on account of membership or non-membership in any labor union or labor organization.”

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