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: Fla. | Date Filed: 2017-03-23T00:53:00-07:00

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

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

Court: Fla. | Date Filed: 2017-03-02T00:00:00-08:00

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).

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-26T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2014-04-04T00:00:00-07:00

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… void from the outset, and pursuant to section 447.309(4) the parties were required to resume negotiations

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

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-12T00:00:00-08:00

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…, but also by the applicable statutes. Section 447.309(1), Florida Statutes states that the “bargaining…it was contrary to the requirements of section 447.309(1). For these reasons, we conclude that the Commission

Scott v. Williams

Court: Fla. | Date Filed: 2013-01-17T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2012-06-27T00:00:00-07:00

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…bargain collectively. The Court held that Section 447.309(3), Florida Statutes, would be unconstitutional…rule making and amendatory powers. Thus, section 447.309(3) stands as it applies to conflicts between statutes…referendum was required. In concise terms, Section 447.309(3), Florida Statutes, says that if there is a conflict…the high court held essentially that if Section 447.309(3), Florida Statutes, were interpreted to allow

Communications Workers of America v. City of Gainesville

Court: Fla. Dist. Ct. App. | Date Filed: 2011-05-09T00:00:00-07:00

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 …. The obligation to bargain imposed by Section 447.309(1), extends to all terms and conditions of employment

School District of Martin County v. Public Employees Relations Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2009-05-20T00:00:00-07:00

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 "

Florida Public Employees Council v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-23T23:53:00-08:00

Citation: 921 So. 2d 676

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

City of Winter Springs v. WINTER SPRINGS

Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-04T23:53:00-08:00

Citation: 885 So. 2d 494

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: Fla. Dist. Ct. App. | Date Filed: 2002-04-16T00:00:00-07:00

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

Snippet: -2001 General *586Appropriation Act 1, section 447.309(2)(b)2, Florida Statutes, and the overall conduct…of pay, effective October 1, 2000.” . Section 447.309(2)(b), Florida Statutes (2000) provides: "

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

Court: Fla. Dist. Ct. App. | Date Filed: 2001-07-17T00:53:00-07:00

Citation: 791 So. 2d 508

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 1999-05-12T00:53:00-07:00

Snippet: (Fla. 1st DCA 1978). 6 Section 447.309(1), Fla. Stat. 7 Section 447.309(4), Fla. Stat. 8 See, Op. Att&… of the collective bargaining process. Section 447.309(1), Florida Statutes, provides that the chief executive…Op. Att'y Gen. Fla. 75-48 (1975). 5 See, s. 447.309, Fla. Stat.; City of Winter Haven v. FloridaPublic

Ago

Court: Fla. Att'y Gen. | Date Filed: 1998-09-16T00:53:00-07:00

Snippet: been amended several times by referendum. Section 447.309(1), Florida Statutes, recognizes that agents for…the bargaining unit. Subsection (3) of section 447.309, Florida Statutes, places a further restriction…collectively bargain. The court concluded that section 447.309(3), Florida Statutes, would violate Article I,

Ago

Court: Fla. Att'y Gen. | Date Filed: 1998-01-26T23:53:00-08:00

Snippet: (Fla. 1st DCA 1978). 4 Section 447.309(1), Fla. Stat. 5 Section 447.309(4), Fla. Stat. 6 And see, Op. …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: Fla. | Date Filed: 1993-03-22T23:53:00-08:00

Citation: 615 So. 2d 671

Snippet: evidence of, any unfair labor practice." § 447.309(2), Fla. Stat. (1989). [4] Article VII, section…not constitute an unfair labor practice. [2] § 447.309(2), Fla. Stat. (1991). [3] See, e.g., Broward

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

Court: Fla. Dist. Ct. App. | Date Filed: 1993-02-11T23:53:00-08:00

Citation: 614 So. 2d 1143

Snippet: section 447.309(2). In discussing the school board's contention, PERC stated that section 447.309(2) allows… avoiding its section 447.309(1) bargaining obligation. Because section 447.309(2) impairs the right of…to the charge the school board claimed section 447.309(2), Florida Statutes (1989), gave the school board…underfunded *1146 the budget pursuant to section 447.309(2) and then held that exigent circumstances, although…increases. Based upon its interpretation of section 447.309(2), PERC entered an order finding that the school

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

Court: Fla. Dist. Ct. App. | Date Filed: 1993-01-20T00:00:00-08:00

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

Snippet: plain reading of section 447.-309(2), and a consideration of section 447.-309(5), it appears that “collective…plain meaning of section 447.309(2) requires reversal. The benefit of section 447.309(2) to a public employer… by legislative resolution of impasse, section 447.-309(2), Florida Statutes (1991), provides: [U]pon …collective bargaining agreement” referred to in section 447.309(2) refers to the general contract governing the…provision referred to above. *523The terms of section 447.309(2) are unambiguous. After a collective bargaining

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

Court: Fla. Dist. Ct. App. | Date Filed: 1993-01-19T23:53:00-08:00

Citation: 613 So. 2d 521

Snippet: plain reading of section 447.309(2), and a consideration of section 447.309(5), it appears that "…plain meaning of section 447.309(2) requires reversal. The benefit of section 447.309(2) to a public employer… by legislative resolution of impasse, section 447.309(2), Florida Statutes (1991), provides: [U]pon …bargaining agreement" referred to in section 447.309(2) refers to the general contract governing the…provision referred to above. *523 The terms of section 447.309(2) are unambiguous. After a collective bargaining