Florida Statute 447.401 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

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F.S. 447.401

447.401 Grievance procedures.—Each public employer and bargaining agent shall negotiate a grievance procedure to be used for the settlement of disputes between employer and employee, or group of employees, involving the interpretation or application of a collective bargaining agreement. Such grievance procedure shall have as its terminal step a final and binding disposition by an impartial neutral, mutually selected by the parties; however, when the issue under appeal is an allegation of abuse, abandonment, or neglect by an employee under s. 39.201 or s. 415.1034, the grievance may not be decided until the abuse, abandonment, or neglect of a child has been judicially determined. However, an arbiter or other neutral shall not have the power to add to, subtract from, modify, or alter the terms of a collective bargaining agreement. If an employee organization is certified as the bargaining agent of a unit, the grievance procedure then in existence may be the subject of collective bargaining, and any agreement which is reached shall supersede the previously existing procedure. All public employees shall have the right to a fair and equitable grievance procedure administered without regard to membership or nonmembership in any organization, except that certified employee organizations shall not be required to process grievances for employees who are not members of the organization. A career service employee shall have the option of utilizing the civil service appeal procedure, an unfair labor practice procedure, or a grievance procedure established under this section, but such employee is precluded from availing himself or herself to more than one of these procedures.

History.—s. 3, ch. 74-100; s. 1, ch. 74-378; s. 14, ch. 77-343; s. 38, ch. 87-238; s. 12, ch. 88-290; s. 32, ch. 91-57; s. 135, ch. 95-418; s. 156, ch. 97-103; s. 154, ch. 98-403; s. 101, ch. 2000-349.

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Amendments to 447.401

Arrestable Offenses / Crimes under Fla. Stat. 447.401

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.401.

Annotations, Discussions, Cases:

Cases Citing Statute 447.401

Total Results: 20

CITY OF MIAMI v. FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20

Court: District Court of Appeal of Florida | Date Filed: 2023-04-05

Snippet: grievance.” This provision of the CBA mirrors section 447.401, Florida Statutes, which governs grievance procedures

CITY OF HOLLYWOOD v. EDWARD C. PERRIN

Court: District Court of Appeal of Florida | Date Filed: 2020-03-25

Snippet: Neither party explicitly discuses section 447.401, Florida Statutes (2018), which provides that “[e]ach

City of Miami v. Miami Lodge 20, Fraternal Order of Police

Court: District Court of Appeal of Florida | Date Filed: 2018-05-16

Citation: 247 So. 3d 618

Snippet: with the plain and clear language of section 447.401, Florida Statutes (2016), we afford PERC’s interpretation

Scott Israel, Sherrif of Broward County v. Anthony Castro

Court: District Court of Appeal of Florida | Date Filed: 2015-03-25

Citation: 162 So. 3d 328

Snippet: pursuant to Article 38 of the CBA and section 447.401, Florida Statutes (2009), which requires public

CITY OF JACKSONVILLE, JSO v. Cowen

Court: District Court of Appeal of Florida | Date Filed: 2007-12-17

Citation: 973 So. 2d 503

Snippet: herself to more than one of these procedures. § 447.401, Fla. Stat. (2003). Similarly, Jacksonville's civil

Santana v. Department of Juvenile Justice

Court: District Court of Appeal of Florida | Date Filed: 2006-08-02

Citation: 935 So. 2d 73, 2006 Fla. App. LEXIS 12859, 2006 WL 2136503

Snippet: PER CURIAM. Affirmed. See § 447.401, Fla. Stat. (2004); Taylor v. Pub. Employees Relations Comm’n, 878

Taylor v. PUBLIC EMPLOYEES RELATIONS COM'N

Court: District Court of Appeal of Florida | Date Filed: 2004-06-23

Citation: 878 So. 2d 421, 2004 Fla. App. LEXIS 8735, 2004 WL 1396333

Snippet: collective bargaining grievance to conclusion. Section 447.401, Florida Statutes, (2003) governs grievance procedures

Depaola v. Town of Davie

Court: District Court of Appeal of Florida | Date Filed: 2004-04-28

Citation: 872 So. 2d 377, 2004 WL 894599

Snippet: dismissed the claim based on section 447.401, Florida Statutes. Section 447.401 provides in pertinent part: All

Hallandale Prof. Firefighters v. Hallandale

Court: District Court of Appeal of Florida | Date Filed: 2001-01-17

Citation: 777 So. 2d 435, 2001 WL 38089

Snippet: 1403, 575 So.2d 289 (Fla. 3d DCA 1991). Section 447.401, Florida Statutes (1999), which governs grievance

DEPT. OF HEALTH AND REHAB. v. Irven

Court: District Court of Appeal of Florida | Date Filed: 1999-01-22

Citation: 724 So. 2d 698, 1999 WL 22435

Snippet: remedies under section 112.3187(11) and section 447.401, Florida Statutes, foreclosed her complaint for

Board of County Commissioners v. Citrus, Cannery Food Processing & Allied Workers, Drivers, Warehousemen & Helpers, Local Union 173

Court: District Court of Appeal of Florida | Date Filed: 1998-11-20

Citation: 738 So. 2d 953, 163 L.R.R.M. (BNA) 2252, 1998 Fla. App. LEXIS 14808, 1998 WL 933218

Snippet: there can be no unfair labor practice. Section 447.401 does require one provision in all public employee

Metropolitan Dade County v. ASS'N OF FIREFIGHTERS, LOCAL 1403

Court: District Court of Appeal of Florida | Date Filed: 1991-02-26

Citation: 575 So. 2d 289, 1991 Fla. App. LEXIS 1470, 1991 WL 22571

Snippet: is precluded by the express language of section 447.401, Florida Statutes (1989), which provides in part:

Kresse v. City of Hialeah

Court: District Court of Appeal of Florida | Date Filed: 1989-03-07

Citation: 539 So. 2d 534, 4 I.E.R. Cas. (BNA) 607, 14 Fla. L. Weekly 627, 1989 Fla. App. LEXIS 1099, 1989 WL 18817

Snippet: only issues which concern the agreement itself. § 447.401, Fla. Stat. (1987) (“Grievance procedures. — Each

Bass v. Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 1987-10-30

Citation: 516 So. 2d 972, 12 Fla. L. Weekly 2500, 1987 Fla. App. LEXIS 10788, 1987 WL 1162

Snippet: this case, and because of the provisions of § 447.401, Fla. Stat., we are unable to address the merits

School Board of Lee County v. Lee County School Board Employees, Local 780

Court: District Court of Appeal of Florida | Date Filed: 1987-08-13

Citation: 512 So. 2d 238, 41 Educ. L. Rep. 1184, 12 Fla. L. Weekly 1966, 1987 Fla. App. LEXIS 9953

Snippet: membership or non-membership in any or-ganization_” § 447.401. Public employees may also bring individual grievances

Lee Cty. Sch. Bd. v. Sch. Bd. Emp. L. 780

Court: District Court of Appeal of Florida | Date Filed: 1987-08-13

Citation: 512 So. 2d 238

Snippet: or non-membership in any organization... ." § 447.401. Public employees may also bring individual grievances

City of Miami v. FOP, MIAMI LODGE 20

Court: Supreme Court of Florida | Date Filed: 1987-07-16

Citation: 511 So. 2d 549

Snippet: section 447.501. Under the mandates of section 447.401, each collective bargaining agreement entered into

Fraternal Order of Police v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 1986-08-05

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

Snippet: the contract; that in accordance with Section 447.401, Florida Statutes (1985), the contract was required

City of Casselberry v. ORANGE CTY. POLICE

Court: Supreme Court of Florida | Date Filed: 1986-01-09

Citation: 482 So. 2d 336, 11 Fla. L. Weekly 28

Snippet: while the PBA might have believed that section 447.401, Florida Statutes (1981), required every contract

Palm Beach Junior College v. United Faculty

Court: Supreme Court of Florida | Date Filed: 1985-08-30

Citation: 475 So. 2d 1221, 10 Fla. L. Weekly 450, 1985 Fla. LEXIS 3702, 120 L.R.R.M. (BNA) 3223

Snippet: Arbitration is guaranteed to public employees by § 447.401; there is no such provision in private sector labor