Florida Statutes

Fla. Stat. § 447.209 (2025)

Public employer’s rights.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar
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.
Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1977–2024 · leading case: Walter E. Headley, Jr. v. City of Miami, Florida, 215 So. 3d 1 (Fla. 2017).
Walter E. Headley, Jr. v. City of Miami, Florida, 215 So. 3d 1 (Fla. 2017). · cites it 4× “§ 447.209, Fla. Stat. (2013). - 15 - (Fla.”
City of Miami v. FOP Miami Lodge 20, 571 So. 2d 1309 (Fla. 3d DCA 1991). · cites it 7× “Finally, we reject the City's argument that the conclusion that drug testing is a term and condition of employment violates the prerogatives granted to management by Section 447.209, Florida Statutes: "It is the right of the public employer to determine unilaterally the purpose…”
City of Jacksonville v. Jacksonville Supervisor's Ass'n, 791 So. 2d 508 (Fla. 1st DCA 2001). · cites it 11× “We reverse that part of the order on appeal which finds that the City committed an unfair labor practice when, as a part of departmental reorganizations, it deleted three positions in a bargaining unit and created positions outside of the bargaining unit, because the ruling is…”
Kamenesh v. City of Miami, 772 F. Supp. 583 (S.D. Fla. 1991). · cites it 5× “Defendants rely on Florida Statutes § 447.209 and the parties’ Collective Bargaining Agreement to demonstrate that City management has the unilateral authority, indeed the mandate, to transfer and assign employees as the City sees fit.”
Tanner v. McCall, 441 F. Supp. 503 (M.D. Fla. 1977). · cites it 4× “Plaintiffs propose that Fla.Stat. § 447.209 of the Public Employees Relations Act (‘PERA’) 1 creates a de jure property interest in their jobs as deputies.”
South Fla. Water Mgmt. Dist. v. Caluwe, 459 So. 2d 390 (Fla. 4th DCA 1984). · cites it 4× “3d DCA 1983), which held that the right of a public employer to discipline an employee for "proper cause" under section 447.209, Florida Statutes (1979), includes the right to discipline for failure to show proper respect to the employer, even in the absence of a specific rule…”
Palm Beach Junior Coll. v. United Fac., 475 So. 2d 1221 (Fla. 1985). · cites it 4× “§ 447.209, Fla. Stat. (1981). Arbitration is guaranteed to public employees by § 447.”
Palm Beach Jr. Coll. v. UNITED Fac. ETC., 425 So. 2d 133 (Fla. 1st DCA 1982). · cites it 2× “" Section 447.209, Florida Statutes. It remains the responsibility of the Commission, subject to review by the courts, to flesh out and refine those decisions which are the exclusive prerogatives of management, and those which must be subjected to the bargaining process.”
Sch. Dist. of Indian River Cnty. v. Florida Pub. Employees Relations Comm'n, 64 So. 3d 723 (Fla. 4th DCA 2011). · cites it 2× “The District responded by noting that both the requirement that teachers prepare a lesson plan and the manner by which they were to perform this task were management prerogatives under section 447.209, Florida Statutes (2008).”
Sch. Bd. of Indian River Cty. v. Indian River Cnty. Edn. Ass'n, 373 So. 2d 412 (Fla. 4th DCA 1979). · cites it 2× “Section 447.209, Florida Statutes (1977).”
Sch. Bd. of Orange Cnty. v. Palowitch, 367 So. 2d 730 (Fla. 4th DCA 1979). “Section 447.209, Florida Statutes (1977).”
Jacker v. Sch. Bd. of Dade Cnty., 426 So. 2d 1149 (Fla. 3d DCA 1983). · cites it 2× “2d 442 (1947), and the right of a public employer to discipline an employee for "proper cause," see § 447.209, Fla. Stat. (1979), embodies, without the need for separate delineation, the right to discipline for failure to show proper respect to the employer, see Helsby v.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

This Florida statute resource is curated by the attorney maintaining this site, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.