Florida Statute 447.209 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

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F.S. 447.209

447.209 Public employer’s rights.—It is the right of the public employer to determine unilaterally the purpose of each of its constituent agencies, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the public employer to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of any collective bargaining agreement in force or any civil or career service regulation.

History.—s. 3, ch. 74-100.

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Amendments to 447.209

Annotations, Discussions, Cases:

Cases Citing Statute 447.209

Total Results: 20

School Bd. of Orange County v. Palowitch

367 So. 2d 730, 109 L.R.R.M. (BNA) 2137

District Court of Appeal of Florida | Filed: Feb 21, 1979 | Docket: 1330275

Cited 17 times | Published

service of various employees during the year. Section 447.209, Florida Statutes (1977). We do not agree with

Tanner v. McCall

441 F. Supp. 503, 1977 U.S. Dist. LEXIS 13356

District Court, M.D. Florida | Filed: Oct 20, 1977 | Docket: 895568

Cited 17 times | Published

Florida." Id. Plaintiffs propose that Fla.Stat. § 447.209 of the Public Employees Relations Act (`PERA')[1]

Kamenesh v. City of Miami

772 F. Supp. 583, 1991 U.S. Dist. LEXIS 12703, 1991 WL 179694

District Court, S.D. Florida | Filed: Jul 15, 1991 | Docket: 2419824

Cited 15 times | Published

Cir.1988). Defendants rely on Florida Statutes § 447.209 and the parties' Collective Bargaining Agreement

Palm Beach Junior College v. United Faculty

475 So. 2d 1221, 10 Fla. L. Weekly 450, 1985 Fla. LEXIS 3702, 120 L.R.R.M. (BNA) 3223

Supreme Court of Florida | Filed: Aug 30, 1985 | Docket: 1709934

Cited 8 times | Published

Florida, management rights are recognized in section 447.209. The collective bargaining rights of employees

Palm Beach Jr. College v. UNITED FACULTY ETC.

425 So. 2d 133, 9 Educ. L. Rep. 767

District Court of Appeal of Florida | Filed: Dec 30, 1982 | Docket: 1181964

Cited 8 times | Published

of work or for other legitimate reasons." Section 447.209, Florida Statutes. It remains the responsibility

School Bd. of Indian River Cty. v. Indian River County Edn. Ass'n

373 So. 2d 412, 102 L.R.R.M. (BNA) 2941

District Court of Appeal of Florida | Filed: Jul 25, 1979 | Docket: 1773090

Cited 8 times | Published

authority enabling it to set standards of service. Section 447.209, Florida Statutes (1977). Appellant concedes

South Fla. Water Management Dist. v. Caluwe

459 So. 2d 390

District Court of Appeal of Florida | Filed: Nov 7, 1984 | Docket: 1282501

Cited 7 times | Published

discipline an employee for "proper cause" under section 447.209, Florida Statutes (1979), includes the right

School District of Indian River County v. Florida Public Employees Relations Commission

64 So. 3d 723, 2011 Fla. App. LEXIS 8933, 2011 WL 2328306

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 2363975

Cited 4 times | Published

this task were management prerogatives under section 447.209, Florida Statutes (2008). Moreover, during

City of Miami v. FOP Miami Lodge 20

571 So. 2d 1309, 1989 WL 6162

District Court of Appeal of Florida | Filed: Jan 22, 1991 | Docket: 1173266

Cited 3 times | Published

the prerogatives granted to management by Section 447.209, Florida Statutes: "It is the right of the

Lee Cty. Sch. Bd. v. Sch. Bd. Emp. L. 780

512 So. 2d 238

District Court of Appeal of Florida | Filed: Aug 13, 1987 | Docket: 1517296

Cited 3 times | Published

legitimate business reasons, as guaranteed under section 447.209. To hold that the employer's motive is not

Jacker v. School Board of Dade County

426 So. 2d 1149, 9 Educ. L. Rep. 792, 1983 Fla. App. LEXIS 18636

District Court of Appeal of Florida | Filed: Feb 8, 1983 | Docket: 1683750

Cited 3 times | Published

discipline an employee for "proper cause," see § 447.209, Fla. Stat. (1979), embodies, without the need

Hillsborough Classroom Teachers Assoc., Inc. v. School Bd. of Hillsborough Cty.

423 So. 2d 969, 8 Educ. L. Rep. 543

District Court of Appeal of Florida | Filed: Dec 6, 1982 | Docket: 1528778

Cited 3 times | Published

unilaterally set by the public employer, pursuant to § 447.209, Florida Statutes, and thus are not mandatorily

Walter E. Headley, Jr. v. City of Miami, Florida

215 So. 3d 1, 42 Fla. L. Weekly Supp. 236, 2017 WL 819740, 2017 Fla. LEXIS 447, 208 L.R.R.M. (BNA) 3379

Supreme Court of Florida | Filed: Mar 2, 2017 | Docket: 4612625

Cited 2 times | Published

lack of work or for other legitimate reasons. § 447.209, Fla. Stat. (2013).

City of Jacksonville v. Jacksonville Supervisor's Ass'n

791 So. 2d 508, 2001 Fla. App. LEXIS 9725, 2001 WL 798465

District Court of Appeal of Florida | Filed: Jul 17, 2001 | Docket: 177795

Cited 2 times | Published

bargaining unit, because the ruling is contrary to section 447.209, Florida Statutes (1999). We affirm that part

Amalgamated Transit Union, Local 1593 v. HILLSBOROUGH AREA REGN. TRANSIT AUTH.

742 So. 2d 380, 163 L.R.R.M. (BNA) 2695, 1999 Fla. App. LEXIS 11567, 1999 WL 641615

District Court of Appeal of Florida | Filed: Aug 25, 1999 | Docket: 1302309

Cited 1 times | Published

therefore, agree with PERC's interpretation of section 447.209, Florida Statutes, that the right to subcontract

Walter E. Headley, Jr. v. City of Miami, Florida – Corrected Opinion

Supreme Court of Florida | Filed: Mar 23, 2017 | Docket: 4620933

Published

of work or for other legitimate reasons. § 447.209, Fla. Stat. (2013).

Rosario v. Burke

605 So. 2d 523, 1992 WL 220523

District Court of Appeal of Florida | Filed: Sep 9, 1992 | Docket: 1702311

Published

employee for "proper cause," as provided in section 447.209, Florida Statutes (1979)).[1] Because the statute

City of Ft. Lauderdale v. Fraternal Order of Police, Ft. Lauderdale, Lodge 31

543 So. 2d 320, 14 Fla. L. Weekly 1103, 1989 Fla. App. LEXIS 2485, 1989 WL 46230

District Court of Appeal of Florida | Filed: May 4, 1989 | Docket: 64642555

Published

Florida’s statutory management rights clause, § 447.209, Fla.Stat. The City is in effect asking this court

School Board of Lee County v. Lee County School Board Employees, Local 780

512 So. 2d 238, 41 Educ. L. Rep. 1184, 12 Fla. L. Weekly 1966, 1987 Fla. App. LEXIS 9953

District Court of Appeal of Florida | Filed: Aug 13, 1987 | Docket: 64629256

Published

legitimate business reasons, as guaranteed under section 447.-209. To hold that the employer’s motive is not

Florida Keys Aqueduct Authority v. Steadman

419 So. 2d 677, 1982 Fla. App. LEXIS 20996

District Court of Appeal of Florida | Filed: Aug 24, 1982 | Docket: 64592149

Published

she remains subject to recall if needed. Section 447.209, Florida Statutes (1979) provides that management