Florida Statute 447.401 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 447.401

Total Results: 38

Ison v. Zimmerman

372 So. 2d 431

Supreme Court of Florida | Filed: May 3, 1979 | Docket: 1325151

Cited 25 times | Published

fair and equitable grievance procedure under section 447.401, Florida Statutes (1976), to determine whether

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 are terms and conditions of employment. Section 447.401 provides that each public employer and bargaining

City of West Palm Beach v. PALM BEACH CTY.

387 So. 2d 533, 1980 Fla. App. LEXIS 17128

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 1706053

Cited 18 times | Published

and the Association is sanctioned by statute. § 447.401 Fla. Stat. (1979). Nor do we find any conflict

City of Clearwater (Fire Dept.) v. Lewis

404 So. 2d 1156

District Court of Appeal of Florida | Filed: Oct 21, 1981 | Docket: 1782104

Cited 10 times | Published

bargaining agreement in effect between the parties. § 447.401, Fla. Stat. (1979); see generally Leon County

City of Casselberry v. ORANGE CTY. POLICE

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

Supreme Court of Florida | Filed: Jan 9, 1986 | Docket: 1769220

Cited 9 times | Published

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

Palm Beach Junior College v. United Faculty

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

Supreme Court of Florida | Filed: Aug 30, 1985 | Docket: 1709934

Cited 8 times | Published

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

Bass v. Department of Transportation

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

District Court of Appeal of Florida | Filed: Oct 30, 1987 | Docket: 1266332

Cited 7 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Feb 26, 1991 | Docket: 1731258

Cited 6 times | Published

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

Depaola v. Town of Davie

872 So. 2d 377, 2004 WL 894599

District Court of Appeal of Florida | Filed: Apr 28, 2004 | Docket: 1357409

Cited 4 times | Published

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

CITY OF JACKSONVILLE, JSO v. Cowen

973 So. 2d 503, 2007 WL 4372543

District Court of Appeal of Florida | Filed: Dec 17, 2007 | Docket: 1292413

Cited 3 times | Published

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

Hallandale Prof. Firefighters v. Hallandale

777 So. 2d 435, 2001 WL 38089

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 1513901

Cited 3 times | Published

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

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

512 So. 2d 238

District Court of Appeal of Florida | Filed: Aug 13, 1987 | Docket: 1517296

Cited 3 times | Published

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

City of Miami v. FOP, MIAMI LODGE 20

511 So. 2d 549

Supreme Court of Florida | Filed: Jul 16, 1987 | Docket: 1700740

Cited 3 times | Published

in section 447.501. Under the mandates of section 447.401, each collective bargaining agreement entered

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

binding arbitration," a provision required by Section 447.401, Florida Statutes (1981),[3] should include

Galbreath v. School Bd. of Broward County

446 So. 2d 1045, 1984 Fla. LEXIS 2565, 115 L.R.R.M. (BNA) 2645

Supreme Court of Florida | Filed: Jan 26, 1984 | Docket: 1780087

Cited 3 times | Published

foreclosed from individual arbitration under section 447.401, Florida Statutes (1979). In affirming, the

Duval Cty. Sch. Bd. v. FLORIDA PUBLIC EMP. RELATIONS COMM.

353 So. 2d 1244, 97 L.R.R.M. (BNA) 3121

District Court of Appeal of Florida | Filed: Jan 11, 1978 | Docket: 424176

Cited 3 times | Published

ask? We think not. The Board also urges that Section 447.401, Florida Statutes (1975), which provides *1250

DEPT. OF HEALTH AND REHAB. v. Irven

724 So. 2d 698, 1999 WL 22435

District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 1410051

Cited 2 times | Published

of remedies under section 112.3187(11) and section 447.401, Florida Statutes, foreclosed her complaint

Taylor v. PUBLIC EMPLOYEES RELATIONS COM'N

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

District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 760803

Cited 1 times | Published

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

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

District Court of Appeal of Florida | Filed: Apr 5, 2023 | Docket: 67140857

Published

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

CITY OF HOLLYWOOD v. EDWARD C. PERRIN

District Court of Appeal of Florida | Filed: Mar 25, 2020 | Docket: 17009725

Published

involved. Neither party explicitly discuses section 447.401, Florida Statutes (2018), which provides that

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

247 So. 3d 618

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716298

Published

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

Scott Israel, Sherrif of Broward County v. Anthony Castro

162 So. 3d 328, 2015 WL 1334321

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 2679431

Published

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

Santana v. Department of Juvenile Justice

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

District Court of Appeal of Florida | Filed: Aug 2, 2006 | Docket: 64845942

Published

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

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

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

District Court of Appeal of Florida | Filed: Nov 20, 1998 | Docket: 64789931

Published

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

Kresse v. City of Hialeah

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

District Court of Appeal of Florida | Filed: Mar 7, 1989 | Docket: 64640860

Published

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

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

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

District Court of Appeal of Florida | Filed: Aug 13, 1987 | Docket: 64629256

Published

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

Florida State Lodge, Fraternal Order of Police, on Behalf of Hialeah Lodge 12 v. City of Hialeah, Florida, a Municipal Corporation

815 F.2d 631, 125 L.R.R.M. (BNA) 2176, 1987 U.S. App. LEXIS 5332

Court of Appeals for the Eleventh Circuit | Filed: Apr 24, 1987 | Docket: 2084052

Published

Cassel-berry, Florida, must be resolved in favor of section 447.401. City of Casselberry v. Orange County

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

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

Palm Beach Junior College Board of Trustees v. United Faculty of Palm Beach Junior College

468 So. 2d 1089, 10 Fla. L. Weekly 1235, 1985 Fla. App. LEXIS 14234, 25 Educ. L. Rep. 732

District Court of Appeal of Florida | Filed: May 15, 1985 | Docket: 64611976

Published

In our view, the agency’s interpretation of section 447.401, Florida Statutes (1983), is reasonable, and

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

Metropolitan Dade County does not violate Section 447.401, Florida Statutes (1981). We affirm. Metropolitan

Galbreath v. School Board of Broward County

424 So. 2d 837, 8 Educ. L. Rep. 898, 1982 Fla. App. LEXIS 22233

District Court of Appeal of Florida | Filed: Nov 17, 1982 | Docket: 64594499

Published

legally foreclosed from arbitration under Section 447.401, Florida Statutes (1979). This precise question

Galbreath v. Broward County Classroom Teachers Ass'n

540 F. Supp. 245, 4 Educ. L. Rep. 1116, 1982 U.S. Dist. LEXIS 12669

District Court, S.D. Florida | Filed: Apr 20, 1982 | Docket: 66158397

Published

jurisdiction to consider the constitutionality of § 447.401, F.S.; to consider allegations that the CTA breached

Duval County School Board v. Duval Teachers United FEA/United, AFT, Local No. 3326

393 So. 2d 1151, 1981 Fla. App. LEXIS 19472

District Court of Appeal of Florida | Filed: Feb 6, 1981 | Docket: 64580383

Published

following question in the affirmative: Does Section 447.401, Florida Statutes, require that the certified

Duval Teachers United v. Duval County School Board

390 So. 2d 431, 1980 Fla. App. LEXIS 18126

District Court of Appeal of Florida | Filed: Nov 17, 1980 | Docket: 64578912

Published

leading to arbitration as required by law. Section 447.401, Florida Statutes (1979). See also Manatee

Metropolitan Dade County v. Dade County Employees, Local 1363

376 So. 2d 1206, 1979 Fla. App. LEXIS 16103

District Court of Appeal of Florida | Filed: Nov 7, 1979 | Docket: 64572808

Published

application of a collective bargaining agreement.” Section 447.401. The statutory right of a union to represent

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

teacher are terms and conditions of employment. Section 447.401 provides that each public employer and bargaining

Brevard Federation of Teachers, Local 2098 v. School Board of Brevard County

372 So. 2d 169, 102 L.R.R.M. (BNA) 2346, 1979 Fla. App. LEXIS 14874

District Court of Appeal of Florida | Filed: Jun 13, 1979 | Docket: 64570775

Published

order entered pursuant to the provisions of Section 447.401, Florida Statutes (1977). The parties resorted

Sherry v. United Teachers of Dade

368 So. 2d 445, 100 L.R.R.M. (BNA) 3148, 1979 Fla. App. LEXIS 14600

District Court of Appeal of Florida | Filed: Mar 13, 1979 | Docket: 64569026

Published

order dismissing a complaint seeking to have Section 447.401, Florida Statutes (1977)1 declared unconstitutional