Florida Statute 447.307 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

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F.S. 447.307

447.307 Certification of employee organization.—

(1)(a) Any employee organization which is designated or selected by a majority of public employees in an appropriate unit as their representative for purposes of collective bargaining shall request recognition by the public employer. The public employer shall, if satisfied as to the majority status of the employee organization and the appropriateness of the proposed unit, recognize the employee organization as the collective bargaining representative of employees in the designated unit. Upon recognition by a public employer, the employee organization shall immediately petition the commission for certification. The commission shall review only the appropriateness of the unit proposed by the employee organization. If the unit is appropriate according to the criteria used in this part, the commission shall immediately certify the employee organization as the exclusive representative of all employees in the unit. If the unit is inappropriate according to the criteria used in this part, the commission may dismiss the petition.

(b) Whenever a public employer recognizes an employee organization on the basis of majority status and on the basis of appropriateness in accordance with subparagraph (4)(f)5., the commission shall, in the absence of inclusion of a prohibited category of employees or violation of s. 447.501, certify the proposed unit.

(2) If the public employer refuses to recognize the employee organization, the employee organization may file a petition with the commission for certification as the bargaining agent for a proposed bargaining unit. The petition shall be accompanied by dated statements signed by at least 30 percent of the employees in the proposed unit, indicating that such employees desire to be represented for purposes of collective bargaining by the petitioning employee organization. Once a petition for certification has been filed by an employee organization, any registered employee organization desiring placement on the ballot in any election to be conducted pursuant to this section may be permitted by the commission to intervene in the proceeding upon motion accompanied by dated statements signed by at least 10 percent of the employees in the proposed unit, indicating that such employees desire to be represented for the purposes of collective bargaining by the moving employee organization. The petitions and dated statements signed by the employees are confidential and exempt from the provisions of s. 119.07(1), except that any employee, employer, or employee organization having sufficient reason to believe any of the employee signatures were obtained by collusion, coercion, intimidation, or misrepresentation or are otherwise invalid shall be given a reasonable opportunity to verify and challenge the signatures appearing on the petition.

(3)(a) The commission or one of its designated agents shall investigate the petition to determine its sufficiency; if it has reasonable cause to believe that the petition is sufficient, the commission shall provide for an appropriate hearing upon due notice. Such a hearing may be conducted by an agent of the commission. If the commission finds the petition to be insufficient, it may dismiss the petition. If the commission finds upon the record of the hearing that the petition is sufficient, it shall immediately:

1. Define the proposed bargaining unit and determine which public employees shall be qualified and entitled to vote at any election held by the commission.

2. Identify the public employer or employers for purposes of collective bargaining with the bargaining agent.

3. Order an election by secret ballot, the cost of said election and any required runoff election to be borne equally by the parties, except as the commission may provide by rule. The commission’s order assessing costs of an election may be enforced pursuant to the provisions of this part.

(b) When an employee organization is selected by a majority of the employees voting in an election, the commission shall certify the employee organization as the exclusive collective bargaining representative of all employees in the unit. Certification is effective upon the issuance of the final order by the commission or, if the final order is appealed, at the time the appeal is exhausted or any stay is vacated by the commission or the court.

(c) In any election in which none of the choices on the ballot receives the vote of a majority of the employees voting, a runoff election shall be held according to rules promulgated by the commission.

(d) No petition may be filed seeking an election in any proposed or existing appropriate bargaining unit to determine the exclusive bargaining agent within 12 months after the date of a commission order verifying a representation election or, if an employee organization prevails, within 12 months after the date of an effective certification covering any of the employees in the proposed or existing bargaining unit. Furthermore, if a valid collective bargaining agreement covering any of the employees in a proposed unit is in effect, a petition for certification may be filed with the commission only during the period extending from 150 days to 90 days immediately preceding the expiration date of that agreement, or at any time subsequent to its expiration date but prior to the effective date of any new agreement. The effective date of a collective bargaining agreement means the date of ratification by both parties, if the agreement becomes effective immediately or retroactively; or its actual effective date, if the agreement becomes effective after its ratification date.

(4) In defining a proposed bargaining unit, the commission shall take into consideration:

(a) The principles of efficient administration of government.

(b) The number of employee organizations with which the employer might have to negotiate.

(c) The compatibility of the unit with the joint responsibilities of the public employer and public employees to represent the public.

(d) The power of the officials of government at the level of the unit to agree, or make effective recommendations to another administrative authority or to a legislative body, with respect to matters of employment upon which the employee desires to negotiate.

(e) The organizational structure of the public employer.

(f) Community of interest among the employees to be included in the unit, considering:

1. The manner in which wages and other terms of employment are determined.

2. The method by which jobs and salary classifications are determined.

3. The interdependence of jobs and interchange of employees.

4. The desires of the employees.

5. The history of employee relations within the organization of the public employer concerning organization and negotiation and the interest of the employees and the employer in the continuation of a traditional, workable, and accepted negotiation relationship.

(g) The statutory authority of the public employer to administer a classification and pay plan.

(h) Such other factors and policies as the commission may deem appropriate.

However, no unit shall be established or approved for purposes of collective bargaining which includes both professional and nonprofessional employees unless a majority of each group votes for inclusion in such unit.

History.—s. 3, ch. 74-100; s. 12, ch. 77-343; s. 2, ch. 79-100; s. 16, ch. 91-269; s. 1, ch. 92-17; s. 300, ch. 96-406.

F.S. 447.307 on Google Scholar

F.S. 447.307 on CourtListener

Amendments to 447.307

Annotations, Discussions, Cases:

Cases Citing Statute 447.307

Total Results: 33

Manatee Cty. v. Fla. Public Emp. Relations

387 So. 2d 446, 109 L.R.R.M. (BNA) 3166

District Court of Appeal of Florida | Filed: Aug 14, 1980 | Docket: 289159

Cited 10 times | Published

4 FPER § 4119 (1978), the Commission held: Section 447.307(4)(a-h) contains a list of criteria which the

Jess Parrish Mem. Hosp. v. FLA. PUB. EMP. RELATIONS COMM'N

364 So. 2d 777

District Court of Appeal of Florida | Filed: Nov 6, 1978 | Docket: 217220

Cited 9 times | Published

employee organization with PERC, as authorized by Section 447.307(2), Muse, on January 27, 1975, sent the following

State Ex Rel. Chiles v. PERC

630 So. 2d 1093, 1994 WL 26992

Supreme Court of Florida | Filed: Feb 3, 1994 | Docket: 845605

Cited 8 times | Published

(SEAG) filed a petition with PERC, pursuant to section 447.307(2), Florida Statutes (1991), seeking certification

UNITED FACULTY OF FLA., ETC. v. Branson

350 So. 2d 489, 96 L.R.R.M. (BNA) 2948

District Court of Appeal of Florida | Filed: Sep 20, 1977 | Docket: 1757729

Cited 8 times | Published

bargaining by the petitioning organization [UFF]." Section 447.307(2), Florida Statutes (1975). The ten professors

Board of Regents v. PUBLIC EMP. REL. COM'N

368 So. 2d 641, 101 L.R.R.M. (BNA) 2203

District Court of Appeal of Florida | Filed: Mar 20, 1979 | Docket: 1389260

Cited 7 times | Published

from holding an evidentiary hearing pursuant to § 447.307(3), Fla. Stat. (1977), on United Faculty of Florida's

Se Volusia Hosp. Dist. v. Nat. U. of Hosp. and Health Care Emp.

429 So. 2d 1232, 114 L.R.R.M. (BNA) 3286

District Court of Appeal of Florida | Filed: Mar 16, 1983 | Docket: 1667564

Cited 6 times | Published

Judge. The issue in this case is whether section 447.307 of the Public Employees Relations Act permits

SAFETY HARBOR v. Communications Workers

715 So. 2d 265, 1998 WL 101352

District Court of Appeal of Florida | Filed: Mar 11, 1998 | Docket: 1204724

Cited 5 times | Published

each group votes for inclusion in such unit." § 447.307(4)(h), Fla. Stat. (1995). I. I would leave undisturbed

City of Winter Park v. Fla. Pub. Emp. Rel.

349 So. 2d 224

District Court of Appeal of Florida | Filed: Aug 9, 1977 | Docket: 1655182

Cited 5 times | Published

volumes of testimony consisting of 932 pages. [4] § 447.307.

City of Titusville v. FLORIDA PUB. EMP. REL. COM'N

330 So. 2d 733

District Court of Appeal of Florida | Filed: May 14, 1976 | Docket: 1798107

Cited 5 times | Published

was filed with PERC under Subsection (1) of Section 447.307, Florida Statutes, which provides as follows:

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

with 29 U.S.C. section 157 (1970). Compare section 447.307, Florida Statutes (1979), with 29 U.S.C. section

School Board of Marion Cty. v. Public Emp. Rel. Com'n

334 So. 2d 582, 92 L.R.R.M. (BNA) 3458

Supreme Court of Florida | Filed: Jun 16, 1976 | Docket: 1712472

Cited 4 times | Published

the proposed bargaining unit, as required by Section 447.307(2), Florida Statutes *583 (1975). Ten days

Laborers Int'l U. of No. Amer. v. PUBLIC EMP. COM'N

336 So. 2d 450

District Court of Appeal of Florida | Filed: Aug 16, 1976 | Docket: 1721091

Cited 3 times | Published

within a unit of state employees pursuant to § 447.307(2), Florida Statutes. The aforesaid order is a

School Board of Marion Cty. v. Public Emp. Rel. Com'n

330 So. 2d 770, 92 L.R.R.M. (BNA) 3162

District Court of Appeal of Florida | Filed: Apr 13, 1976 | Docket: 1798194

Cited 3 times | Published

organization petitions PERC for certification. See F.S. 447.307(1).[2] Where the public employer refuses to

City of Ocala v. MARION CTY. POLICE

392 So. 2d 26

District Court of Appeal of Florida | Filed: Dec 16, 1980 | Docket: 1267902

Cited 2 times | Published

exclusive bargaining agent on December 2, 1976. § 447.307(1)(a), Florida Statutes (1975). A petition seeking

City of Panama City v. FLA. PERC

363 So. 2d 135

District Court of Appeal of Florida | Filed: Sep 7, 1978 | Docket: 461160

Cited 2 times | Published

Access to authorization cards is limited by Section 447.307(2), and an employer, employee or employee organization

City of Marathon v. PROF. FIREFIGHTERS

946 So. 2d 1187, 2006 WL 3780853

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 2524796

Cited 1 times | Published

support of the petition, and in accordance with section 447.307(2), Florida Statutes (2005), Local 4396 submitted

City of Orlando v. Central Florida Police Benevolent Ass'n

595 So. 2d 1087, 1992 Fla. App. LEXIS 2726, 1992 WL 51246

District Court of Appeal of Florida | Filed: Mar 20, 1992 | Docket: 64666119

Cited 1 times | Published

petition is provided for by statute under section 447.307, but contains a contract bar provision: No

Amalg. Transit Union v. Pub. Emp. Rel. Com'n

344 So. 2d 319, 93 L.R.R.M. (BNA) 2409

District Court of Appeal of Florida | Filed: Sep 15, 1976 | Docket: 1517729

Cited 1 times | Published

the criteria for bargaining units set forth in § 447.307(4), F.S. 1975, deprived the narrower class of

Florida Public Employees Council 79 v. Jacksonville Employees Together

738 So. 2d 489, 161 L.R.R.M. (BNA) 3183, 1999 Fla. App. LEXIS 10581, 1999 WL 569617

District Court of Appeal of Florida | Filed: Aug 5, 1999 | Docket: 64789786

Published

impression. JET is seeking authorization under section 447.307, Florida Statutes (1997), to represent employees

Florida Ass'n of State Troopers v. State

681 So. 2d 920, 1996 Fla. App. LEXIS 11145

District Court of Appeal of Florida | Filed: Oct 30, 1996 | Docket: 64768496

Published

regarding bargaining unit overfrag-mentation. See § 447.307(4), Fla. Stat. (1993); Fla. Admin. Code Rule 38D-17

Fort Lauderdale Police Lodge No. 31 v. City of Fort Lauderdale

639 So. 2d 181, 1994 Fla. App. LEXIS 6602, 1994 WL 316650

District Court of Appeal of Florida | Filed: Jul 6, 1994 | Docket: 64749553

Published

officer also applied section 447.307(4)(f), Florida Statutes.1 Under section 447.307(4)(f), community of

City of Boynton Beach v. State Public Employees Relations Commission

543 So. 2d 403, 14 Fla. L. Weekly 1217, 1989 Fla. App. LEXIS 2712, 1989 WL 50257

District Court of Appeal of Florida | Filed: May 17, 1989 | Docket: 64642602

Published

certified organization loses the resulting election. § 447.307, Fla. Stat. (1987). (3) the Commission determines

Amalgamated Transit Union, Local 1593 v. International Brotherhood of Firemen & Oilers, Local 1220

497 So. 2d 665, 11 Fla. L. Weekly 2150, 1986 Fla. App. LEXIS 10130

District Court of Appeal of Florida | Filed: Oct 14, 1986 | Docket: 64622986

Published

order, arguing that the “contract bar rule” of section 447.307(3)(d) precludes an immediate election in this

Leon County Police Benevolent Associates, Inc. v. City of Tallahassee

491 So. 2d 589, 11 Fla. L. Weekly 1517, 1986 Fla. App. LEXIS 8752

District Court of Appeal of Florida | Filed: Jul 10, 1986 | Docket: 64620675

Published

from that recent precedent, PERC noted that section 447.307(4), Florida Statutes,1 lists various *591other

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

principal of exclusive representation embodied in Section 447.307(3)(b), Florida Statutes (1979), which provides

City of Orlando v. Orlando Professional Fire Fighters, Local 1365

412 So. 2d 406, 1982 Fla. App. LEXIS 19711

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 64589245

Published

until twelve months from October 29, 1981. See § 447.307(3)(d), Fla.Stat. (1979). PERC then filed a motion

City of Ocoee v. CENTRAL FLA., ETC.

389 So. 2d 296

District Court of Appeal of Florida | Filed: Oct 15, 1980 | Docket: 1683209

Published

failed to consider seven criteria delineated in section 447.307(4), Florida Statutes (1977). This section states

City of Jacksonville Beach v. Public Employees Relations Commission

381 So. 2d 283, 1980 Fla. App. LEXIS 16288

District Court of Appeal of Florida | Filed: Mar 4, 1980 | Docket: 64575072

Published

rank and file firefighters. PERC is mandated by § 447.-307(l)(a), F.S., to determine the appropriateness

Jess Parrish Memorial Hospital v. Florida Public Employees Relations Commission

364 So. 2d 777, 99 L.R.R.M. (BNA) 3440, 1978 Fla. App. LEXIS 17047

District Court of Appeal of Florida | Filed: Nov 6, 1978 | Docket: 64567235

Published

employee organization with PERC, as authorized by Section 447.307(2), Muse, on January 27, 1975, sent the following

School Board of Pinellas County v. State, Public Employees Relations Commission

354 So. 2d 909, 97 L.R.R.M. (BNA) 2695, 1978 Fla. App. LEXIS 14897

District Court of Appeal of Florida | Filed: Jan 25, 1978 | Docket: 64562619

Published

the Public Employees Relations Commission. Section 447.307, Florida Statutes (1975). The fact that PERC

School Board of Marion County v. Florida Public Employees Relations Commission

341 So. 2d 819, 94 L.R.R.M. (BNA) 2649, 1977 Fla. App. LEXIS 15150

District Court of Appeal of Florida | Filed: Jan 25, 1977 | Docket: 64556760

Published

requested recognition by the Board as required by Section 447.307(1), Florida Statutes, nor been refused recognition

Laborers International Union, Local 666 v. Public Employees Relations Commission

336 So. 2d 450, 93 L.R.R.M. (BNA) 2406, 1976 Fla. App. LEXIS 15333

District Court of Appeal of Florida | Filed: Aug 16, 1976 | Docket: 64554763

Published

within a unit of state employees pursuant to § 447.307(2), Florida Statutes. The aforesaid order is a

School Board of Sarasota County v. Florida Public Employees Relations Commission

333 So. 2d 95, 92 L.R.R.M. (BNA) 3712, 1976 Fla. App. LEXIS 14507

District Court of Appeal of Florida | Filed: Jun 2, 1976 | Docket: 64553967

Published

which provided: “1. Pursuant to Fla.Stat. Section 447.307(3) (a)(1) (1975) and Section 8H-3.25 of the