Florida Statute 447.309 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 447.309

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.309.

Annotations, Discussions, Cases:

Cases Citing Statute 447.309

Total Results: 20

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

Court: Supreme Court of Florida | Date Filed: 2017-03-23

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

Walter E. Headley, Jr. v. City of Miami, Florida

Court: Supreme Court of Florida | Date Filed: 2017-03-02

Citation: 215 So. 3d 1, 42 Fla. L. Weekly Supp. 236, 2017 WL 819740, 2017 Fla. LEXIS 447, 208 L.R.R.M. (BNA) 3379

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

Dade County Police Benevolent Ass'n v. Miami-Dade County Board of County Commissioners

Court: District Court of Appeal of Florida | Date Filed: 2015-02-26

Citation: 160 So. 3d 482, 2015 Fla. App. LEXIS 2699, 2015 WL 798849

Snippet: all parties, pursuant to the provisions of s. 447.309, the legislative body’s action taken pursuant to

Amalgamated Transit Union Local 1593 v. Hillsborough Area Regional Transit

Court: District Court of Appeal of Florida | Date Filed: 2014-04-04

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

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2013-11-12

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

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

Scott v. Williams

Court: Supreme Court of Florida | Date Filed: 2013-01-17

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

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

City of Miami Beach v. Board of Trustees

Court: District Court of Appeal of Florida | Date Filed: 2012-06-27

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

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

Communications Workers of America v. City of Gainesville

Court: District Court of Appeal of Florida | Date Filed: 2011-05-09

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

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

School District of Martin County v. Public Employees Relations Commission

Court: District Court of Appeal of Florida | Date Filed: 2009-05-20

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

Snippet: be submitted to collective bargaining, section 447.309(1), Florida Statutes (2007), provides that "the

Florida Public Employees Council v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-01-24

Citation: 921 So. 2d 676, 2006 WL 162722

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

City of Winter Springs v. WINTER SPRINGS

Court: District Court of Appeal of Florida | Date Filed: 2004-11-05

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

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

Florida Police Benevolent Ass'n v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-04-16

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

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

City of Jacksonville v. Jacksonville Supervisor's Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2001-07-17

Citation: 791 So. 2d 508, 2001 Fla. App. LEXIS 9725, 2001 WL 798465

Snippet: negotiable effect. The City appealed. Section 447.309(1), Florida Statutes (1999), provides that a public

Ago

Court: Florida Attorney General Reports | Date Filed: 1999-05-12

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-09-16

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-01-27

Snippet: 1987); Op. Att'y Gen. Fla. 75-48 (1975). 3 See, s. 447.309, Fla. Stat.; City of Winter Haven v. FloridaPublic

Chiles v. United Faculty of Florida

Court: Supreme Court of Florida | Date Filed: 1993-03-23

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1993-02-12

Citation: 614 So. 2d 1143, 1993 WL 33802

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

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

Court: District Court of Appeal of Florida | Date Filed: 1993-01-20

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1993-01-20

Citation: 613 So. 2d 521

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