Florida Statute 447.309 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

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F.S. 447.309

447.309 Collective bargaining; approval or rejection.—

(1) After an employee organization has been certified pursuant to the provisions of this part, the bargaining agent for the organization and the chief executive officer of the appropriate public employer or employers, jointly, shall bargain collectively in the determination of the wages, hours, and terms and conditions of employment of the public employees within the bargaining unit. The chief executive officer or his or her representative and the bargaining agent or its representative shall meet at reasonable times and bargain in good faith. In conducting negotiations with the bargaining agent, the chief executive officer or his or her representative shall consult with, and attempt to represent the views of, the legislative body of the public employer. Any collective bargaining agreement reached by the negotiators shall be reduced to writing, and such agreement shall be signed by the chief executive officer and the bargaining agent. Any agreement signed by the chief executive officer and the bargaining agent shall not be binding on the public employer until such agreement has been ratified by the public employer and by public employees who are members of the bargaining unit, subject to the provisions of subsections (2) and (3). However, with respect to statewide bargaining units, any agreement signed by the Governor and the bargaining agent for such a unit shall not be binding until approved by the public employees who are members of the bargaining unit, subject to the provisions of subsections (2) and (3).

(2)(a) Upon execution of the collective bargaining agreement, the chief executive shall, in his or her annual budget request or by other appropriate means, request the legislative body to appropriate such amounts as shall be sufficient to fund the provisions of the collective bargaining agreement.

(b) If the state is a party to a collective bargaining agreement in which less than the requested amount is appropriated by the Legislature, the collective bargaining agreement shall be administered on the basis of the amounts appropriated by the Legislature. The failure of the Legislature to appropriate funds sufficient to fund the collective bargaining agreement shall not constitute, or be evidence of, any unfair labor practice. All collective bargaining agreements entered into by the state are subject to the appropriations powers of the Legislature, and the provisions of this section shall not conflict with the exclusive authority of the Legislature to appropriate funds.

(3) If any provision of a collective bargaining agreement is in conflict with any law, ordinance, rule, or regulation over which the chief executive officer has no amendatory power, the chief executive officer shall submit to the appropriate governmental body having amendatory power a proposed amendment to such law, ordinance, rule, or regulation. Unless and until such amendment is enacted or adopted and becomes effective, the conflicting provision of the collective bargaining agreement shall not become effective.

(4) If the agreement is not ratified by the public employer or is not approved by a majority vote of employees voting in the unit, in accordance with procedures adopted by the commission, the agreement shall be returned to the chief executive officer and the employee organization for further negotiations.

(5) Any collective bargaining agreement shall not provide for a term of existence of more than 3 years and shall contain all of the terms and conditions of employment of the employees in the bargaining unit during such term except those terms and conditions provided for in applicable merit and civil service rules and regulations.

History.—s. 3, ch. 74-100; s. 13, ch. 77-343; s. 4, ch. 85-77; s. 1, ch. 95-218; s. 155, ch. 97-103.

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Amendments to 447.309

Annotations, Discussions, Cases:

Cases Citing Statute 447.309

Total Results: 54

Pasco Cty. Sch. Bd. v. Florida Public Emp. Rel. Comm.

353 So. 2d 108, 96 L.R.R.M. (BNA) 3347

District Court of Appeal of Florida | Filed: Nov 16, 1977 | Docket: 485186

Cited 70 times | Published

employees in the bargaining unit." Moreover Section 447.309(1) requires, after an employee organization

Public Emp. Rel. Com'n v. District Schppl Bd.

374 So. 2d 1005

District Court of Appeal of Florida | Filed: Jul 6, 1979 | Docket: 430734

Cited 21 times | Published

teacher on continuing contract status. *1013 Section 447.309(1) mandates that, once an employee organization

Chiles v. United Faculty of Florida

615 So. 2d 671, 18 Fla. L. Weekly Supp. 176, 1993 Fla. LEXIS 493, 143 L.R.R.M. (BNA) 2806, 1993 WL 64606

Supreme Court of Florida | Filed: Mar 23, 1993 | Docket: 1185043

Cited 17 times | Published

or be evidence of, any unfair labor practice." § 447.309(2), Fla. Stat. (1989). [4] Article VII, section

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

ratified by the employees and, pursuant to section 447.309(3), Florida Statutes (1985), the Authority

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

representative for the next contract. Under Section 447.309(1), Florida Statutes (1977) it is required

State v. FLORIDA POLICE BENEV. ASS'N

613 So. 2d 415, 18 Fla. L. Weekly Supp. 1, 1992 Fla. LEXIS 2144, 142 L.R.R.M. (BNA) 2224, 1992 WL 381752

Supreme Court of Florida | Filed: Dec 24, 1992 | Docket: 454054

Cited 15 times | Published

article I, section 6, in this manner. Thus, section 447.309(2) provides that "[t]he failure of the legislative

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

service rules and regulations" contained in Section 447.309(5), Florida Statutes, rendered unconstitutional

United Teachers of Dade v. DADE CTY. SCH. BD.

500 So. 2d 508

Supreme Court of Florida | Filed: Dec 24, 1986 | Docket: 1295133

Cited 8 times | Published

other terms and conditions of employment. See § 447.309(1), Fla. Stat. (1983). We have indicated that

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

service rules and regulations"[1] contained in Section 447.309(5), Florida Statutes, rendered unconstitutional

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

conditions of employment and, by virtue of Section 447.309(1), an employer must negotiate with the certified

Pinellas Cty., Etc. v. Hillsborough Cty., Etc.

347 So. 2d 801

District Court of Appeal of Florida | Filed: Jun 29, 1977 | Docket: 1291106

Cited 8 times | Published

Board has discretion under the provisions of Section 447.309(3), Florida Statutes (1975), to amend or not

Scott v. Williams

107 So. 3d 379, 38 Fla. L. Weekly Supp. 25, 55 Employee Benefits Cas. (BNA) 2267, 2013 Fla. LEXIS 65, 2013 WL 173955

Supreme Court of Florida | Filed: Jan 17, 2013 | Docket: 60228654

Cited 7 times | Published

522 So.2d 358, 362 (Fla.1988) (holding that section 447.309(3), Florida Statutes (1985), unconstitutionally

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

officer of the public employer must, pursuant to Section 447.309(2), in his annual budget request or by other

Fraternal Order of Police v. City of Miami

609 So. 2d 31, 17 Fla. L. Weekly Supp. 704, 1992 Fla. LEXIS 1998, 144 L.R.R.M. (BNA) 2341, 1992 WL 348309

Supreme Court of Florida | Filed: Nov 19, 1992 | Docket: 1473976

Cited 6 times | Published

employees shall not have the right to strike. Section 447.309(1), Florida Statutes (1983), provides, in pertinent

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

was promulgated to effectuate the mandate of section 447.309(1), Florida Statutes, which provides that a

Hotel, Motel, Restaurant Emp. Loc. 737 v. Escambia Cty. Sch. Bd.

426 So. 2d 1017, 9 Educ. L. Rep. 789

District Court of Appeal of Florida | Filed: Jan 18, 1983 | Docket: 1283489

Cited 4 times | Published

resolution, set forth below, as to the effect of Section 447.309(3), Florida Statutes, pertaining to the implementation

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

1985. The City appeals, and we affirm. II. Section 447.309(1), Florida Statutes (1983), requires that

City of New Port Richey v. HILLSBOROUGH CTY. PBA, INC.

505 So. 2d 1096, 12 Fla. L. Weekly 707

District Court of Appeal of Florida | Filed: Mar 4, 1987 | Docket: 1745884

Cited 3 times | Published

hours and terms and conditions of employment, (section 447.309(1), Florida Statutes (1983)), but also over

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

457 So. 2d 1125

District Court of Appeal of Florida | Filed: Oct 16, 1984 | Docket: 2547896

Cited 3 times | Published

447.401 must be read in pari materia with Section 447.309(5), Florida Statutes (1981), which provides

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

terms and conditions of employment" pursuant to § 447.309(1), Florida Statutes. We affirm. In its order

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

wages, hours, terms and conditions of employment. § 447.309(1), Fla. Stat. (2013). .The Florida Legislature

Florida Public Employees Council v. State

921 So. 2d 676, 2006 WL 162722

District Court of Appeal of Florida | Filed: Jan 24, 2006 | Docket: 1658238

Cited 2 times | Published

the provision effective in accordance with section 447.309(3), Florida Statutes; then such provision shall

City of Winter Springs v. WINTER SPRINGS

885 So. 2d 494, 176 L.R.R.M. (BNA) 2629, 2004 Fla. App. LEXIS 16609, 2004 WL 2481352

District Court of Appeal of Florida | Filed: Nov 5, 2004 | Docket: 1685211

Cited 2 times | Published

employment are mandatory subjects of bargaining.[4]See § 447.309(1) Fla. Stat. (2002), and Citrus, Cannery, Food

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

additional negotiable effect. The City appealed. Section 447.309(1), Florida Statutes (1999), provides that

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

482 So. 2d 505

District Court of Appeal of Florida | Filed: Jan 22, 1986 | Docket: 1769508

Cited 2 times | Published

appeared to have acted in accordance with section 447.309(3), Florida Statutes (1983), which provides:

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

certification. This conclusion is buttressed by § 447.309(1), Florida Statutes (1977), which provides:

School District of Martin County v. Public Employees Relations Commission

15 So. 3d 42, 2009 Fla. App. LEXIS 5428, 2009 WL 1393705

District Court of Appeal of Florida | Filed: May 20, 2009 | Docket: 1660793

Cited 1 times | Published

must be submitted to collective bargaining, section 447.309(1), Florida Statutes (2007), provides that

SARASOTA CTY. SCH. D. v. Sarasota Classified/Teachers Ass'n

614 So. 2d 1143, 1993 WL 33802

District Court of Appeal of Florida | Filed: Feb 12, 1993 | Docket: 2569753

Cited 1 times | Published

defenses to the charge the school board claimed section 447.309(2), Florida Statutes (1989), gave the school

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

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

Published

wages, hours, terms and conditions of employment. § 447.309(1), Fla. Stat. (2013).

Amalgamated Transit Union Local 1593 v. Hillsborough Area Regional Transit

139 So. 3d 345, 2014 WL 1344508, 2014 Fla. App. LEXIS 5034

District Court of Appeal of Florida | Filed: Apr 4, 2014 | Docket: 60241066

Published

the second TA was rejected by the employees. § 447.309(4), Fla. Stat. (2010) (providing that if an agreement

Florida State Fire Service Ass'n, IAFF, Local S-20 v. State

128 So. 3d 160, 2013 WL 5988613, 2013 Fla. App. LEXIS 17970

District Court of Appeal of Florida | Filed: Nov 12, 2013 | Docket: 60236999

Published

duty to engage in collective bargaining in section 447.309(1), Florida Statutes (2010). This section requires

City of Miami Beach v. Board of Trustees

91 So. 3d 237, 2012 Fla. App. LEXIS 10410, 2012 WL 2400884

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60309851

Published

employees shall not have the right to strike. Section 447.309(3), Florida Statutes, says: If any provision

Communications Workers of America v. City of Gainesville

65 So. 3d 1070, 190 L.R.R.M. (BNA) 3373, 2011 Fla. App. LEXIS 6599, 2011 WL 1744371

District Court of Appeal of Florida | Filed: May 9, 2011 | Docket: 60301617

Published

employees. *1074§ 447.201, Fla. Stat. (2008). Section 447.309(1), Florida Statutes (2008), requires a public

Florida Police Benevolent Ass'n v. State

818 So. 2d 584, 2002 Fla. App. LEXIS 4788, 2002 WL 553399

District Court of Appeal of Florida | Filed: Apr 16, 2002 | Docket: 64815703

Published

2000-2001 General *586Appropriation Act 1, section 447.309(2)(b)2, Florida Statutes, and the overall conduct

Ago

Florida Attorney General Reports | Filed: May 12, 1999 | Docket: 3258125

Published

course of the collective bargaining process. Section 447.309(1), Florida Statutes, provides that the chief

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Florida Attorney General Reports | Filed: Sep 16, 1998 | Docket: 3256525

Published

been amended several times by referendum. Section 447.309(1), Florida Statutes, recognizes that agents

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Florida Attorney General Reports | Filed: Jan 27, 1998 | Docket: 3257430

Published

1376 (Fla. 1st DCA 1978). 4 Section 447.309(1), Fla. Stat. 5 Section 447.309(4), Fla. Stat. 6 And see,

School Bd. v. MARTIN CTY. EDUC. ASS'N

613 So. 2d 521, 1993 WL 8912

District Court of Appeal of Florida | Filed: Jan 20, 1993 | Docket: 1511308

Published

exception by legislative resolution of impasse, section 447.309(2), Florida Statutes (1991), provides: [U]pon

School Board of Martin County v. Martin County Education Ass'n

613 So. 2d 521, 1993 Fla. App. LEXIS 192

District Court of Appeal of Florida | Filed: Jan 20, 1993 | Docket: 64693969

Published

exception by legislative resolution of impasse, section 447.-309(2), Florida Statutes (1991), provides: [U]pon

City of Opa-Locka v. Dade County Police Benevolent Ass'n

610 So. 2d 518, 1992 Fla. App. LEXIS 11768, 1992 WL 348426

District Court of Appeal of Florida | Filed: Nov 24, 1992 | Docket: 64692804

Published

So.2d 1309, 1320 (Fla. 3d DCA 1989) (“Under Section 447.309, Florida Statutes (1983), if a subject involves

Florida Department of Health & Rehabilitative Services v. Southern Energy, Ltd.

493 So. 2d 1082, 11 Fla. L. Weekly 1919, 1986 Fla. App. LEXIS 9643

District Court of Appeal of Florida | Filed: Sep 9, 1986 | Docket: 64621515

Published

The opinion there notes the provision in section 447.309(2), Florida Statutes (1975), by which the legislature

School Board of Levy County v. Levy County Education Ass'n

492 So. 2d 1140, 11 Fla. L. Weekly 1752, 1986 Fla. App. LEXIS 9273, 34 Educ. L. Rep. 986

District Court of Appeal of Florida | Filed: Aug 11, 1986 | Docket: 64621098

Published

“wage” subject to collective bargaining under section 447.309(1), Florida Statutes (1983). We affirm. PERC

Fraternal Order of Police v. City of Miami

492 So. 2d 1122, 11 Fla. L. Weekly 1690, 1986 Fla. App. LEXIS 9181

District Court of Appeal of Florida | Filed: Aug 5, 1986 | Docket: 64621095

Published

condition of employment within the meaning of Section 447.309(1), Florida Statutes (1981) and is a subject

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

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

District Court of Appeal of Florida | Filed: Jan 22, 1986 | Docket: 64617130

Published

appeared to have acted in accordance with section 447.309(3), Florida Statutes (1983), which provides:

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Florida Attorney General Reports | Filed: Dec 16, 1985 | Docket: 3255910

Published

the legislative body of the public employer. Section 447.309, F.S.; City of Winter Haven v. Florida Public

City of Hollywood v. Hollywood Municipal Employees AFSCME Local 2432

468 So. 2d 1036, 10 Fla. L. Weekly 1107, 1985 Fla. App. LEXIS 13840

District Court of Appeal of Florida | Filed: May 3, 1985 | Docket: 64611964

Published

engaged in collective bargaining pursuant to Section 447.309, Florida Statutes, tentatively “signed off”

American Federation of State, County & Municipal Employees, Local 1363 v. Florida Public Employees Relations Commission

430 So. 2d 481, 1983 Fla. App. LEXIS 18788

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 64596700

Published

447.401 must be read in pari mate-ria with Section 447.309(5), Florida Statutes (1981), which sets forth

Laborers' International Union of North America, Local 517 v. Greater Orlando Aviation Authority

385 So. 2d 716, 1980 Fla. App. LEXIS 16651

District Court of Appeal of Florida | Filed: Jun 27, 1980 | Docket: 64577164

Published

court may wish to harmonize Section 447.309, and especially Section 447.309(3), Florida Statutes (1977)

City of Winter Park v. Florida Public Employees Relations Commission

383 So. 2d 653, 104 L.R.R.M. (BNA) 2485, 1980 Fla. App. LEXIS 15901

District Court of Appeal of Florida | Filed: Apr 9, 1980 | Docket: 64576080

Published

is bound. This principle is recognized in section 447.309(4), Florida Statutes (1979). Clearly, then

Commission v. District School Board

374 So. 2d 1005, 102 L.R.R.M. (BNA) 2689, 1979 Fla. App. LEXIS 15033

District Court of Appeal of Florida | Filed: Jul 6, 1979 | Docket: 64571880

Published

public employee. However, subparagraph (3) of Section 447.309, concerning collective bargaining and the subjects

City of Winter Haven v. Florida Public Employees Relations Commission

358 So. 2d 1374, 98 L.R.R.M. (BNA) 2673, 1978 Fla. App. LEXIS 16010

District Court of Appeal of Florida | Filed: May 9, 1978 | Docket: 64564609

Published

the legislative body of the public employer. Section 447.309(1), Florida Statutes (1975). Any agreement

Pinellas County Police Benevolent Ass'n v. Hillsborough County Aviation Authority

347 So. 2d 801, 1977 Fla. App. LEXIS 15893, 95 L.R.R.M. (BNA) 3206

District Court of Appeal of Florida | Filed: Jun 29, 1977 | Docket: 64559366

Published

Board has discretion under the provisions of Section 447.309(3), Florida Statutes (1975), to amend or not

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Florida Attorney General Reports | Filed: Aug 20, 1976 | Docket: 3255958

Published

of the agreement does not become effective. Section 447.309(3), F. S. The fact that negotiations may result

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Florida Attorney General Reports | Filed: Nov 4, 1975 | Docket: 3257184

Published

be evidence of, any unfair labor practice. [Section 447.309(2), F.S. (1974 Supp.).]