Florida Statute 447.301 | Lawyer Caselaw & Research

The 2024 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.

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Amendments to 447.301

Arrestable Offenses / Crimes under Fla. Stat. 447.301

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.301.

Annotations, Discussions, Cases:

Cases Citing Statute 447.301

Total Results: 20

Koren v. School Board of Miami-Dade County

Court: Supreme Court of Florida | Date Filed: 2012-06-07

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2011-09-07

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

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

Coral Gables v. STATHERS MEMORIAL LODGE 7

Court: District Court of Appeal of Florida | Date Filed: 2008-02-06

Citation: 976 So. 2d 57, 2008 WL 313442

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

Fuller v. Department of Education

Court: District Court of Appeal of Florida | Date Filed: 2006-03-27

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

Snippet: protections afforded public employees by Section 447.301. Hialeah Int’l Ass’n of Firefighters, Local 1102

Ago

Court: Florida Attorney General Reports | Date Filed: 1999-07-08

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

Gibbons v. State Public Employees Relations Commission

Court: District Court of Appeal of Florida | Date Filed: 1997-10-24

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1997-06-17

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

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 1995-08-21

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

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 1991-07-18

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

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

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

Court: Supreme Court of Florida | Date Filed: 1988-03-17

Citation: 522 So. 2d 358, 1988 WL 23406

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

School Board of Lee County v. Public Employees Relations Commission

Court: District Court of Appeal of Florida | Date Filed: 1987-09-15

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1987-09-15

Citation: 513 So. 2d 1286

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

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

Court: District Court of Appeal of Florida | Date Filed: 1987-08-13

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1987-08-13

Citation: 512 So. 2d 238

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

City of Miami v. FOP, MIAMI LODGE 20

Court: Supreme Court of Florida | Date Filed: 1987-07-16

Citation: 511 So. 2d 549

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

Hillsborough County Aviation Authority v. Hillsborough County Governmental Employees Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1986-01-22

Citation: 482 So. 2d 505, 121 L.R.R.M. (BNA) 3265, 11 Fla. L. Weekly 273, 1986 Fla. App. LEXIS 6033

Snippet: regulations shall not apply, except as provided in s. 447.-301(4). In light of section 447.601, Escambia adopted

Hillsborough Cty. Av. Auth. v. Cty. Gea

Court: District Court of Appeal of Florida | Date Filed: 1986-01-22

Citation: 482 So. 2d 505

Snippet: regulations shall not apply, except as provided in s. 447.301(4). In light of section 447.601, Escambia adopted

Palm Beach Junior College v. United Faculty

Court: Supreme Court of Florida | Date Filed: 1985-08-30

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

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

AFSCME Local 3032 v. Delaney

Court: District Court of Appeal of Florida | Date Filed: 1984-10-26

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

Snippet: members, was violative of Sections 447.501(l)(a) and 447.301(1), Florida Stat*373utes. We adopt the order of

ORANGE CTY. POL. BENEV. v. City of Casselberry

Court: District Court of Appeal of Florida | Date Filed: 1984-10-16

Citation: 457 So. 2d 1125

Snippet: regulations shall not apply, except as provided in s. 447.301(4). As we have held in this opinion, under a proper