Florida Statutes

Fla. Stat. § 447.309 (2025)

Collective bargaining; approval or rejection.

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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.

Notes of Decisions

Cited in 51 cases, 1977–2017 · leading case: Hillsborough Cty. Gea v. Hillsborough Cty. Aviation Auth., 522 So. 2d 358 (Fla. 1988).

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Hillsborough Cty. Gea v. Hillsborough Cty. Aviation Auth., 522 So. 2d 358 (Fla. 1988). · cites it 22× “The agreements were ratified by the employees and, pursuant to section 447.309(3), Florida Statutes (1985), the Authority requested the Hillsborough County Civil Service Board (Board) to amend its rules to comport with the new provisions of the agreement.”

City of Miami v. FOP Miami Lodge 20, 571 So. 2d 1309 (Fla. 3d DCA 1991). · cites it 16× “Mandatory collective bargaining of compulsory drug testing, as well as being required by Section 447.309, Florida Statutes, is also required by the right to work provision of the Florida Constitution.”

Palm Beach Jr. Coll. v. UNITED Fac. ETC., 425 So. 2d 133 (Fla. 1st DCA 1982). · cites it 10× “Accordingly, I would hold that the management prerogatives clause in issue is a nullity in that it exceeds the statutory authority granted to the legislative body of the college: only the employees may waive their constitutional and statutory rights to bargain collectively over…”

Walter E. Headley, Jr. v. City of Miami, Florida, 215 So. 3d 1 (Fla. 2017). · cites it 4× “§ 447.309(1), Fla. Stat. (2013). - 14 - right5 would have an effect on the employees’ terms and conditions of employment, then the public employer is required to give those employees’ bargaining agent an opportunity to bargain the impact of that modification.”

State v. Florida Police Benev. Ass'n, 613 So. 2d 415 (Fla. 1992). · cites it 6× “I do not agree with the state's argument that the legislative actions in this case were rendered permissible by operation of section 447.309(2), Florida Statutes (1987), which declares: The failure of the legislative body to appropriate funds sufficient to fund the collective…”

SARASOTA CTY. SCH. D. v. Sarasota Classified/Teachers Ass'n, 614 So. 2d 1143 (Fla. 2d DCA 1993). · cites it 18× “309(2) allows a public employer to unilaterally alter terms and conditions of employment, thereby avoiding its section 447.309(1) bargaining obligation.”

City of Tallahassee v. PUB. EMP. RELATIONS, 393 So. 2d 1147 (Fla. 1st DCA 1981). · cites it 8× “In addition, Section 447.309(3), Florida Statutes provides as follows: 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…”

Sch. Bd. of Orange Cnty. v. Palowitch, 367 So. 2d 730 (Fla. 4th DCA 1979). · cites it 5× “309(5) operates as a statutory "zipper clause," reasoning thusly: Section 447.309 states that any collective bargaining agreement "shall contain all of the terms and conditions of employment of the employees in the bargaining unit"; ergo, anything that is not in the agreement is…”

Hotel, Motel, Restaurant Emp. Loc. 737 v. Escambia Cty. Sch. Bd., 426 So. 2d 1017 (Fla. 1st DCA 1983). · cites it 9× “We agree with PERC's determination that the *1019 Public Employees Relations Act prevails over the Escambia County Civil Service Act and its resolution, set forth below, as to the effect of Section 447.309(3), Florida Statutes, pertaining to the implementation of a negotiated…”

Chiles v. United Fac. of Florida, 615 So. 2d 671 (Fla. 1993). · cites it 4× “" § 447.309(2), Fla. Stat. (1989). [4] Article VII, section 1(d), Florida Constitution, states: "Provision shall be made by law for raising sufficient revenue to defray the expenses of the state for each fiscal period.”

United Fac. of Florida, Etc. v. Bd. of Regents, 365 So. 2d 1073 (Fla. 1st DCA 1979). · cites it 7× “In fulfillment of the responsibilities imposed by Section 447.309(2), Florida Statutes 1975, the official budget request was amended on April 29, 1977, to accommodate the parties' recent agreement.”

Pasco Cty. Sch. Bd. v. Florida Pub. Emp. Rel. Comm., 353 So. 2d 108 (Fla. 1st DCA 1977). · cites it 2× “" Moreover Section 447.309(1) requires, after an employee organization has been certified, the respective bargaining agents for the employer and employee "shall bargain collectively in the determination of the wages, hours and terms and conditions of employment of the public…”

Show all 51 citing cases →

— 447.309(1) — 25 cases

Walter E. Headley, Jr. v. City of Miami, Florida, 215 So. 3d 1 (Fla. 2017). “§ 447.309(1), Fla. Stat. (2013). - 14 - right5 would have an effect on the employees’ terms and conditions of employment, then the public employer is required to give those employees’ bargaining agent an opportunity to bargain the impact of that modification.”

Palm Beach Jr. Coll. v. UNITED Fac. ETC., 425 So. 2d 133 (Fla. 1st DCA 1982). “Accordingly, I would hold that the management prerogatives clause in issue is a nullity in that it exceeds the statutory authority granted to the legislative body of the college: only the employees may waive their constitutional and statutory rights to bargain collectively over…”

City of Miami v. FOP Miami Lodge 20, 571 So. 2d 1309 (Fla. 3d DCA 1991). “Mandatory collective bargaining of compulsory drug testing, as well as being required by Section 447.309, Florida Statutes, is also required by the right to work provision of the Florida Constitution.”

Pasco Cty. Sch. Bd. v. Florida Pub. Emp. Rel. Comm., 353 So. 2d 108 (Fla. 1st DCA 1977). “" Moreover Section 447.309(1) requires, after an employee organization has been certified, the respective bargaining agents for the employer and employee "shall bargain collectively in the determination of the wages, hours and terms and conditions of employment of the public…”

Sch. Bd. of Orange Cnty. v. Palowitch, 367 So. 2d 730 (Fla. 4th DCA 1979). “309(5) operates as a statutory "zipper clause," reasoning thusly: Section 447.309 states that any collective bargaining agreement "shall contain all of the terms and conditions of employment of the employees in the bargaining unit"; ergo, anything that is not in the agreement is…”

— 447.309(2) — 9 cases

State v. Florida Police Benev. Ass'n, 613 So. 2d 415 (Fla. 1992). “I do not agree with the state's argument that the legislative actions in this case were rendered permissible by operation of section 447.309(2), Florida Statutes (1987), which declares: The failure of the legislative body to appropriate funds sufficient to fund the collective…”

SARASOTA CTY. SCH. D. v. Sarasota Classified/Teachers Ass'n, 614 So. 2d 1143 (Fla. 2d DCA 1993). “309(2) allows a public employer to unilaterally alter terms and conditions of employment, thereby avoiding its section 447.309(1) bargaining obligation.”

Chiles v. United Fac. of Florida, 615 So. 2d 671 (Fla. 1993). “" § 447.309(2), Fla. Stat. (1989). [4] Article VII, section 1(d), Florida Constitution, states: "Provision shall be made by law for raising sufficient revenue to defray the expenses of the state for each fiscal period.”

United Fac. of Florida, Etc. v. Bd. of Regents, 365 So. 2d 1073 (Fla. 1st DCA 1979). “In fulfillment of the responsibilities imposed by Section 447.309(2), Florida Statutes 1975, the official budget request was amended on April 29, 1977, to accommodate the parties' recent agreement.”

Sch. Bd. of Martin Cnty. v. Martin Cnty. Educ. Ass'n, 613 So. 2d 521 (Fla. 4th DCA 1993).

— 447.309(2)(b) — 1 case

Florida Police Benevolent Ass'n v. State, 818 So. 2d 584 (Fla. 1st DCA 2002).

— 447.309(3) — 14 cases

Hillsborough Cty. Gea v. Hillsborough Cty. Aviation Auth., 522 So. 2d 358 (Fla. 1988). “The agreements were ratified by the employees and, pursuant to section 447.309(3), Florida Statutes (1985), the Authority requested the Hillsborough County Civil Service Board (Board) to amend its rules to comport with the new provisions of the agreement.”

Hotel, Motel, Restaurant Emp. Loc. 737 v. Escambia Cty. Sch. Bd., 426 So. 2d 1017 (Fla. 1st DCA 1983). “We agree with PERC's determination that the *1019 Public Employees Relations Act prevails over the Escambia County Civil Service Act and its resolution, set forth below, as to the effect of Section 447.309(3), Florida Statutes, pertaining to the implementation of a negotiated…”

Scott v. Williams, 107 So. 3d 379 (Fla. 2013).

Florida Pub. Employees Council v. State, 921 So. 2d 676 (Fla. 1st DCA 2006).

— 447.309(4) — 5 cases

City of Winter Park v. Florida Pub. Employees Relations Comm'n, 383 So. 2d 653 (Fla. 5th DCA 1980).

Intern. Bhd. of Painters v. Anderson, 401 So. 2d 824 (Fla. 5th DCA 1981).

City of Hollywood v. Hollywood Mun. Employees AFSCME Local 2432, 468 So. 2d 1036 (Fla. 1st DCA 1985).

City of Winter Haven v. Florida Pub. Employees Relations Comm'n, 358 So. 2d 1374 (Fla. 1st DCA 1978).

Amalgamated Transit Union Local 1593 v. Hillsborough Area Reg'l Transit, 139 So. 3d 345 (Fla. 2d DCA 2014).

— 447.309(5) — 8 cases

City of Tallahassee v. PUB. EMP. RELATIONS, 393 So. 2d 1147 (Fla. 1st DCA 1981). “In addition, Section 447.309(3), Florida Statutes provides as follows: 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…”

City of Tallahassee v. Pub. Emp. Rel. Com., 410 So. 2d 487 (Fla. 1981).

ORANGE CTY. POL. BENEV. v. City of Casselberry, 457 So. 2d 1125 (Fla. 1st DCA 1984).

City of Winter Park v. Florida Pub. Employees Relations Comm'n, 383 So. 2d 653 (Fla. 5th DCA 1980).

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