447.509
Other unlawful acts.
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447.509 Other unlawful acts.—
(1) Employee organizations, their members, agents, or representatives, or any persons acting on their behalf are hereby prohibited from:
(a) Soliciting public employees during working hours of any employee who is involved in the solicitation.
(b) Distributing literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, schools, police stations, fire stations, and any similar public installations. This section shall not be construed to prohibit the distribution of literature during the employee’s lunch hour or in such areas not specifically devoted to the performance of the employee’s official duties.
(c) Instigating or advocating support, in any positive manner, for an employee organization’s activities from high school or grade school students during classroom time.
(2) No employee organization shall directly or indirectly pay any fines or penalties assessed against individuals pursuant to the provisions of this part.
(3) The circuit courts of this state shall have jurisdiction to enforce the provisions of this section by injunction and contempt proceedings, if necessary. A public employee who is convicted of a violation of any provision of this section may be discharged or otherwise disciplined by his or her public employer, notwithstanding further provisions of law, and notwithstanding the provisions of any collective bargaining agreement.
History.—s. 3, ch. 74-100; s. 162, ch. 97-103; s. 5, ch. 2023-35.
Notes of Decisions
Cited in 7
cases, 1979–2007 · leading case: Okaloosa-Walton Junior College Board of Trustees v. Florida Public Employees Relations Commission
Okaloosa-Walton Junior College Board of Trustees v. Florida Public Employees Relations Commission (1979)
“PERC’s definition of those rights is found in two sources: the reverse implications of Section 447.509, prohibiting employee solicitation at certain times and distribution at certain times and places; and in NLRB and federal court decisions construing similar provisions of the…”
School Board of Lee County v. Public Employees Relations Commission (1987)
“The school board states the three points on appeal as follows: (1) PERC lacked jurisdiction because section 447.509 6 gives the *1289 circuit court exclusive jurisdiction of the charges in this case; (2) PERC erred in holding the school board in violation of section 447.”
Browning v. Brody (2001)
“507 of the Act authorizes circuit courts to hear and determine all actions alleging violations of the no-strike provision of the Act and section 447.509 of the Act authorizes circuit courts to issue injunctions and to conduct contempt proceedings over claims involving specified…”
Lee Cty. Sch. Bd. v. Pub. Emp. Rel. Com'n (1987)
“In the second point, appellant argued that PERC erred by holding that appellant violated section 447.509, Florida Statutes (1983), by prohibiting literature distribution in work areas.”
Menegat v. City of Apopka (2007)
“Section 447.509 provides: (1) Employee organizations, their members, agents, or representatives, or any persons acting on their behalf are hereby prohibited from: (a) Soliciting public employees during working hours of any employee who is involved in the solicitation.”
American Federation of Teachers-Hillsborough v. School Board of Hillsborough County (1991)
“AFT-H appeals PERC’s ruling as to the lounges, arguing first that it erred in interpreting section 447.509(l)(b) to mean that both distributing and recipient employees must be on non-work time.”
United Faculty of Fla. v. Fla. Bd. of Regents (1991)
“Section 447.509(1)(c), Florida Statutes, prohibits employee organizations or their representatives from "[i]nstigating or advocating support, in any positive manner, for an employee organization's activities from high school or grade school students during classroom time.”
— 447.509(1) — 3 cases
Okaloosa-Walton Junior College Board of Trustees v. Florida Public Employees Relations Commission (1979)
“PERC’s definition of those rights is found in two sources: the reverse implications of Section 447.509, prohibiting employee solicitation at certain times and distribution at certain times and places; and in NLRB and federal court decisions construing similar provisions of the…”
School Board of Lee County v. Public Employees Relations Commission (1987)
“The school board states the three points on appeal as follows: (1) PERC lacked jurisdiction because section 447.509 6 gives the *1289 circuit court exclusive jurisdiction of the charges in this case; (2) PERC erred in holding the school board in violation of section 447.”
Lee Cty. Sch. Bd. v. Pub. Emp. Rel. Com'n (1987)
“In the second point, appellant argued that PERC erred by holding that appellant violated section 447.509, Florida Statutes (1983), by prohibiting literature distribution in work areas.”
— 447.509(1)(a) — 2 cases
Menegat v. City of Apopka (2007)
“Section 447.509 provides: (1) Employee organizations, their members, agents, or representatives, or any persons acting on their behalf are hereby prohibited from: (a) Soliciting public employees during working hours of any employee who is involved in the solicitation.”
Lee Cty. Sch. Bd. v. Pub. Emp. Rel. Com'n (1987)
“In the second point, appellant argued that PERC erred by holding that appellant violated section 447.509, Florida Statutes (1983), by prohibiting literature distribution in work areas.”
— 447.509(1)(b) — 1 case
Lee Cty. Sch. Bd. v. Pub. Emp. Rel. Com'n (1987)
“In the second point, appellant argued that PERC erred by holding that appellant violated section 447.509, Florida Statutes (1983), by prohibiting literature distribution in work areas.”
— 447.509(1)(c) — 1 case
United Faculty of Fla. v. Fla. Bd. of Regents (1991)
“Section 447.509(1)(c), Florida Statutes, prohibits employee organizations or their representatives from "[i]nstigating or advocating support, in any positive manner, for an employee organization's activities from high school or grade school students during classroom time.”
— 447.509(3) — 2 cases
School Board of Lee County v. Public Employees Relations Commission (1987)
“The school board states the three points on appeal as follows: (1) PERC lacked jurisdiction because section 447.509 6 gives the *1289 circuit court exclusive jurisdiction of the charges in this case; (2) PERC erred in holding the school board in violation of section 447.”
Lee Cty. Sch. Bd. v. Pub. Emp. Rel. Com'n (1987)
“In the second point, appellant argued that PERC erred by holding that appellant violated section 447.509, Florida Statutes (1983), by prohibiting literature distribution in work areas.”
— 447.509(l)(a) — 2 cases
Okaloosa-Walton Junior College Board of Trustees v. Florida Public Employees Relations Commission (1979)
“PERC’s definition of those rights is found in two sources: the reverse implications of Section 447.509, prohibiting employee solicitation at certain times and distribution at certain times and places; and in NLRB and federal court decisions construing similar provisions of the…”
School Board of Lee County v. Public Employees Relations Commission (1987)
“The school board states the three points on appeal as follows: (1) PERC lacked jurisdiction because section 447.509 6 gives the *1289 circuit court exclusive jurisdiction of the charges in this case; (2) PERC erred in holding the school board in violation of section 447.”
— 447.509(l)(b) — 2 cases
School Board of Lee County v. Public Employees Relations Commission (1987)
“The school board states the three points on appeal as follows: (1) PERC lacked jurisdiction because section 447.509 6 gives the *1289 circuit court exclusive jurisdiction of the charges in this case; (2) PERC erred in holding the school board in violation of section 447.”
American Federation of Teachers-Hillsborough v. School Board of Hillsborough County (1991)
“AFT-H appeals PERC’s ruling as to the lounges, arguing first that it erred in interpreting section 447.509(l)(b) to mean that both distributing and recipient employees must be on non-work time.”
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