Florida Statute 447.301 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

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F.S. 447.301

447.301 Public employees’ rights; organization and representation.—

(1)(a) Public employees shall have the right to form, join, and participate in, or to refrain from forming, joining, or participating in, any employee organization of their own choosing.

(b)1. A public employee who desires to be a member of an employee organization must sign and date a membership authorization form, as prescribed by the commission, and submit the executed form to the bargaining agent.

2. The membership authorization form must identify the name of the bargaining agent; the name of the employee; the class code and class title of the employee; the name of the public employer and employing agency, if applicable; the amount of the initiation fee and of the monthly dues which the member must pay; and the name and total amount of salary, allowances, and other direct or indirect disbursements, including reimbursements, paid to each of the five highest compensated officers and employees of the employee organization disclosed under s. 447.305(2)(d).

3. The membership authorization form must contain the following statement in 14-point type:

The State of Florida is a right-to-work state. Membership or non-membership in a labor union is not required as a condition of employment, and union membership and payment of union dues and assessments are voluntary. Each person has the right to join and pay dues to a labor union or to refrain from joining and paying dues to a labor union. No employee may be discriminated against in any manner for joining and financially supporting a labor union or for refusing to join or financially support a labor union.

4. A public employee may revoke membership in the employee organization at any time of the year. Upon receipt of the employee’s written revocation of membership, the employee organization must revoke a public employee’s membership. The employee organization may not limit an employee’s right to revoke membership to certain dates. If a public employee must complete a form to revoke membership in the employee organization, the form may not require a reason for the public employee’s decision to revoke his or her membership.

5. An employee organization must retain for inspection by the commission such membership authorization forms and any revocations.

6. This paragraph does not apply to members of a bargaining unit the majority of whose employees eligible for representation are employed as law enforcement officers, correctional officers, or correctional probation officers as those terms are defined in s. 943.10(1), (2), or (3), respectively; firefighters as defined in s. 633.102; 911 public safety telecommunicators as defined in s. 401.465(1)(a); or emergency medical technicians or paramedics as defined in s. 401.23.

7. The commission may adopt rules to implement this paragraph.

(2) Public employees shall have the right to be represented by any employee organization of their own choosing and to negotiate collectively, through a certified bargaining agent, with their public employer in the determination of the terms and conditions of their employment. Public employees shall have the right to be represented in the determination of grievances on all terms and conditions of their employment. Public employees shall have the right to refrain from exercising the right to be represented.

(3) Public employees shall have the right to engage in concerted activities not prohibited by law, for the purpose of collective bargaining or other mutual aid or protection. Public employees shall also have the right to refrain from engaging in such activities.

(4) Nothing in this part shall be construed to prevent any public employee from presenting, at any time, his or her own grievances, in person or by legal counsel, to his or her public employer and having such grievances adjusted without the intervention of the bargaining agent, if the adjustment is not inconsistent with the terms of the collective bargaining agreement then in effect and if the bargaining agent has been given reasonable opportunity to be present at any meeting called for the resolution of such grievances.

(5) In the case of community colleges and universities, the student government association of each community college or university shall establish procedures for the selection of, and shall select, a student representative to be present, at his or her discretion, at negotiations between the bargaining agent of the employees and the board of trustees. Each student representative shall have access to all written draft agreements and all other written documents pertaining to negotiations exchanged by the appropriate public employer and the bargaining agent, including a copy of any prepared written transcripts of any negotiating session. Each student representative shall have the right at reasonable times during the negotiating session to comment to the parties and to the public upon the impact of proposed agreements on the educational environment of students. Each student representative shall have the right to be accompanied by alternates or aides, not to exceed a combined total of two in number. Each student representative shall be obligated to participate in good faith during all negotiations and shall be subject to the rules and regulations of the Public Employees Relations Commission. The student representatives shall have neither voting nor veto power in any negotiation, action, or agreement. The state or any branch, agency, division, agent, or institution of the state, including community colleges and universities, may not expend any moneys from any source for the payment of reimbursement for travel expenses or per diem to aides, alternates, or student representatives participating in, observing, or contributing to any negotiating sessions between the bargaining parties.

History.—s. 3, ch. 74-100; s. 9, ch. 77-343; s. 191, ch. 79-400; s. 6, ch. 83-214; s. 154, ch. 97-103; s. 1007, ch. 2002-387; s. 1, ch. 2023-35; s. 2, ch. 2024-23.

F.S. 447.301 on Google Scholar

F.S. 447.301 on CourtListener

Amendments to 447.301

Annotations, Discussions, Cases:

Cases Citing Statute 447.301

Total Results: 33

Hillsborough Cty. Gea v. Hillsborough Cty. Aviation Auth.

522 So. 2d 358, 1988 WL 23406

Supreme Court of Florida | Filed: Mar 17, 1988 | Docket: 1192495

Cited 17 times | Published

regulations shall not apply, except as provided in § 447.301(4) ["Public Employee Grievances"] (Emphasis added)

Seitz v. Duval County School Bd.

366 So. 2d 119, 100 L.R.R.M. (BNA) 2623

District Court of Appeal of Florida | Filed: Jan 4, 1979 | Docket: 1655666

Cited 15 times | Published

the exercise of employee rights guaranteed by F.S. 447.301(1) and (2) of Chapter 447, Part II, Florida

City of Tallahassee v. Pub. Emp. Rel. Com.

410 So. 2d 487, 2 Employee Benefits Cas. (BNA) 2262

Supreme Court of Florida | Filed: Dec 3, 1981 | Docket: 477761

Cited 14 times | Published

statute or local ordinance. It also held that under § 447.301(2), a public employer has no statutory obligation

City of Clearwater (Fire Dept.) v. Lewis

404 So. 2d 1156

District Court of Appeal of Florida | Filed: Oct 21, 1981 | Docket: 1782104

Cited 10 times | Published

the purpose of... mutual aid or protection." § 447.301(3), Fla. Stat. (1979). As the United States Supreme

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 Constitution and the PERA, specifically section 447.301. Thus, a union's waiver of the right to collectively

City of Tallahassee v. PUB. EMP. RELATIONS

393 So. 2d 1147

District Court of Appeal of Florida | Filed: Feb 6, 1981 | Docket: 2513626

Cited 8 times | Published

the Commission determined that pursuant to Section 447.301(2), the employer is under no statutory obligation

UNITED FACULTY OF FLORIDA, ETC. v. Bd. of Regents

365 So. 2d 1073, 100 L.R.R.M. (BNA) 2543

District Court of Appeal of Florida | Filed: Jan 9, 1979 | Docket: 1314437

Cited 7 times | Published

collective bargaining to public employees. Section 447.301(2) assures public employees the right, through

INTERN. BROTHERHOOD OF PAINTERS v. Anderson

401 So. 2d 824

District Court of Appeal of Florida | Filed: Jun 10, 1981 | Docket: 1686604

Cited 6 times | Published

exercise of the rights guaranteed them by section 447.301(1),[4] Florida Statutes, thereby engaging in

School Bd. Etc. v. Florida Public Emp.

399 So. 2d 520, 112 L.R.R.M. (BNA) 3443

District Court of Appeal of Florida | Filed: Jun 10, 1981 | Docket: 1168115

Cited 4 times | Published

and HOBSON, J., concur. NOTES [1] Compare section 447.301(1), Florida Statutes (1979), with 29 U.S.C

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

restrain or coerce employees in the exercise of Section 447.301 rights. [citations omitted]. The employer's

City of Miami v. FOP, MIAMI LODGE 20

511 So. 2d 549

Supreme Court of Florida | Filed: Jul 16, 1987 | Docket: 1700740

Cited 3 times | Published

other provisions of Chapter 447, Part II: section 447.301(2) and (4) provide for the right to representation

Galbreath v. School Bd. of Broward County

446 So. 2d 1045, 1984 Fla. LEXIS 2565, 115 L.R.R.M. (BNA) 2645

Supreme Court of Florida | Filed: Jan 26, 1984 | Docket: 1780087

Cited 3 times | Published

... Our rejection of the proposition that Section 447.301(4) guarantees an individual unfettered access

SCHOOL BD. OF DADE CTY. v. Dade Teachers Ass'n

421 So. 2d 645

District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 1373152

Cited 3 times | Published

self-organize and bargain collectively by section 447.301 of the Act, public employees must also, of

Coral Gables v. STATHERS MEMORIAL LODGE 7

976 So. 2d 57, 2008 WL 313442

District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 1680703

Cited 2 times | Published

guaranteed" public employees are enumerated in section 447.301, Florida Statutes (2006), and include "the

Koren v. School Board of Miami-Dade County

97 So. 3d 215, 33 I.E.R. Cas. (BNA) 1783, 37 Fla. L. Weekly Supp. 411, 2012 Fla. LEXIS 1131, 2012 WL 2036002

Supreme Court of Florida | Filed: Jun 7, 2012 | Docket: 60311732

Cited 1 times | Published

a violation of section 447.501(a), (d) and section 447.301(3), (4).”). *219Relying on federal caselaw

American Federation of State County & Municipal Employees (AFSCME) Council 79 v. Scott

857 F. Supp. 2d 1322, 2012 U.S. Dist. LEXIS 67227

District Court, S.D. Florida | Filed: Apr 26, 2012 | Docket: 65980805

Published

and conditions of their employment. Fla. Stat. § 447.301(2). The Governor responds that the Union has never

United Teachers of Dade v. School District of Miami-Dade County

68 So. 3d 1003, 2011 Fla. App. LEXIS 14138, 2011 WL 3903103

District Court of Appeal of Florida | Filed: Sep 7, 2011 | Docket: 2353387

Published

organization. See art. I, § 6, Fla. Const.; see also § 447.301, Fla. Stat. (2010). The Florida legislature has

Fuller v. Department of Education

927 So. 2d 28, 179 L.R.R.M. (BNA) 2426, 2006 Fla. App. LEXIS 4323, 2006 WL 756081

District Court of Appeal of Florida | Filed: Mar 27, 2006 | Docket: 64844189

Published

the protections afforded public employees by Section 447.301. Hialeah Int’l Ass’n of Firefighters, Local

Ago

Florida Attorney General Reports | Filed: Jul 8, 1999 | Docket: 3258299

Published

from the terms of two statutory provisions: section 447.301, Florida Statutes, providing public employees

Gibbons v. State Public Employees Relations Commission

702 So. 2d 536, 1997 Fla. App. LEXIS 11994, 1997 WL 678008

District Court of Appeal of Florida | Filed: Oct 24, 1997 | Docket: 64777269

Published

501(l)(a),(d), Florida Statutes (1995), and section 447.301(3),(4), Florida Statutes (1995). The charge

Communications Workers of America, Local 3170 v. City of Gainesville

697 So. 2d 167, 157 L.R.R.M. (BNA) 2243, 1997 Fla. App. LEXIS 6562

District Court of Appeal of Florida | Filed: Jun 17, 1997 | Docket: 64775119

Published

section 6, of the Florida Constitution and section 447.301, Florida Statutes (Supp.1980). The court determined

International Ass'n of Fire Fighters, Local No. 2288 v. Union County Board of County Commissioners

667 So. 2d 232, 1995 Fla. App. LEXIS 8837, 1995 WL 492974

District Court of Appeal of Florida | Filed: Aug 21, 1995 | Docket: 64761923

Published

concerted activities not prohibited by law,” section 447.301(3), Florida Statutes, and authorizing the Public

American Federation of Teachers-Hillsborough v. School Board of Hillsborough County

584 So. 2d 62, 1991 Fla. App. LEXIS 7044, 1991 WL 133429

District Court of Appeal of Florida | Filed: Jul 18, 1991 | Docket: 64660813

Published

any rights guaranteed them under this part.” Section 447.301(1) states that “public employees shall have

School Board of Lee County v. Public Employees Relations Commission

513 So. 2d 1286, 42 Educ. L. Rep. 679, 12 Fla. L. Weekly 2229, 1987 Fla. App. LEXIS 12173

District Court of Appeal of Florida | Filed: Sep 15, 1987 | Docket: 64630241

Published

which includes sections 447.503 and 447.509). Section 447.301 provides in part: (1) Public employees shall

Lee Cty. Sch. Bd. v. Pub. Emp. Rel. Com'n

513 So. 2d 1286

District Court of Appeal of Florida | Filed: Sep 15, 1987 | Docket: 1689443

Published

which includes sections 447.503 and 447.509). Section 447.301 provides in part: (1) Public employees shall

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

restrain or coerce employees in the exercise of Section 447.301 rights, [citations omitted]. The employer’s

AFSCME Local 3032 v. Delaney

458 So. 2d 372, 9 Fla. L. Weekly 2239, 1984 Fla. App. LEXIS 15610

District Court of Appeal of Florida | Filed: Oct 26, 1984 | Docket: 64607818

Published

hearing officer, is whether it is contrary to Section 447.301(1) for a certified union and an employer to

Da Costa v. Public Employees Relations Commission

443 So. 2d 1036, 1983 Fla. App. LEXIS 25335

District Court of Appeal of Florida | Filed: Dec 30, 1983 | Docket: 64602148

Published

dismissing the ease. II. The interpretation of Section 447.-301, Florida Statutes, which provides, in part:

Galbreath v. School Board of Broward County

424 So. 2d 837, 8 Educ. L. Rep. 898, 1982 Fla. App. LEXIS 22233

District Court of Appeal of Florida | Filed: Nov 17, 1982 | Docket: 64594499

Published

this point is based upon an interpretation of Section 447.-301(4), Florida Statutes (1979), which we expressly

Duval County School Board v. Duval Teachers United FEA/United, AFT, Local No. 3326

393 So. 2d 1151, 1981 Fla. App. LEXIS 19472

District Court of Appeal of Florida | Filed: Feb 6, 1981 | Docket: 64580383

Published

employees involved in grievance procedures. Section 447.301(4) provides: Nothing in this part shall be

Metropolitan Dade County v. Dade County Employees, Local 1363

376 So. 2d 1206, 1979 Fla. App. LEXIS 16103

District Court of Appeal of Florida | Filed: Nov 7, 1979 | Docket: 64572808

Published

be, we hold that PERA does not secure it. Section 447.301(2) provides: (2) Public employees shall have

Okaloosa-Walton Junior College Board of Trustees v. Florida Public Employees Relations Commission

372 So. 2d 1378, 9 A.L.R. 4th 1, 102 L.R.R.M. (BNA) 2419, 1979 Fla. App. LEXIS 15180

District Court of Appeal of Florida | Filed: Jun 27, 1979 | Docket: 64571141

Published

restraining employees in their exercise of Section 447.301 collective bargaining rights, by (1) refusing

Duval County School Board v. Florida Public Employees Relations Commission

363 So. 2d 30, 99 L.R.R.M. (BNA) 3046, 1978 Fla. App. LEXIS 16731

District Court of Appeal of Florida | Filed: Oct 3, 1978 | Docket: 64566480

Published

employees in the exercise of rights guaranteed in § 447.301(1) and (2) by the following acts: “a. On or about