Florida Statute 447.509 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

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F.S. 447.509

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.

(d) Offering anything of value to a public officer as defined in s. 112.313(1) which the public officer is prohibited from accepting under s. 112.313(2).

(e) Offering any compensation, payment, or thing of value to a public officer as defined in s. 112.313(1) which the public officer is prohibited from accepting under s. 112.313(4).

(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.

F.S. 447.509 on Google Scholar

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Amendments to 447.509

Arrestable Offenses / Crimes under Fla. Stat. 447.509

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.509.

Annotations, Discussions, Cases:

Cases Citing Statute 447.509

Total Results: 11

Menegat v. City of Apopka

Court: District Court of Appeal of Florida | Date Filed: 2007-04-13

Citation: 954 So. 2d 681, 2007 WL 1093478

Snippet: Apopka ["Apopka"] on their claims that section 447.509(1)(a), Florida Statutes (2003) is facially unconstitutional

Browning v. Brody

Court: District Court of Appeal of Florida | Date Filed: 2001-09-14

Citation: 796 So. 2d 1191, 2001 WL 1048510

Snippet: the no-strike provision of the Act and section 447.509 of the Act authorizes circuit courts to issue injunctions

United Faculty of Fla. v. Fla. Bd. of Regents

Court: District Court of Appeal of Florida | Date Filed: 1991-08-16

Citation: 585 So. 2d 991

Snippet: as licensees of the state. Furthermore, section 447.509(1)(c) prohibits employee organizations or their

American Federation of Teachers-Hillsborough v. School Board of Hillsborough County

Court: District Court of Appeal of Florida | Date Filed: 1991-07-18

Citation: 584 So. 2d 62, 1991 Fla. App. LEXIS 7044, 1991 WL 133429

Snippet: subject to the limitations established in section 447.-509(l)(a) and (b). Subsection (b) prohibits the distribution

School Board of Lee County v. Public Employees Relations Commission

Court: District Court of Appeal of Florida | Date Filed: 1987-09-15

Citation: 513 So. 2d 1286, 42 Educ. L. Rep. 679, 12 Fla. L. Weekly 2229, 1987 Fla. App. LEXIS 12173

Snippet: holding the school board in violation of section 447.509(l)(b) by prohibiting distribution of literature

Lee Cty. Sch. Bd. v. Pub. Emp. Rel. Com'n

Court: District Court of Appeal of Florida | Date Filed: 1987-09-15

Citation: 513 So. 2d 1286

Snippet: follows: (1) PERC lacked jurisdiction because section 447.509[6] gives the *1289 circuit court exclusive jurisdiction

City of Tallahassee v. Pub. Emp. Rel. Com.

Court: Supreme Court of Florida | Date Filed: 1981-12-03

Citation: 410 So. 2d 487, 2 Employee Benefits Cas. (BNA) 2262

Snippet: 447.209, 447.303, 447.307(3)(b), 447.401, and 447.509), the City argues that under the district court's

Manatee Cty. v. Fla. Public Emp. Relations

Court: District Court of Appeal of Florida | Date Filed: 1980-08-14

Citation: 387 So. 2d 446

Snippet: labor practices (Sections *454 447.301(1), (2) and 447.509(1)(a) and (b), Florida Statutes) nor do we necessarily

Okaloosa-Walton Junior College Board of Trustees v. Florida Public Employees Relations Commission

Court: District Court of Appeal of Florida | Date Filed: 1979-06-27

Citation: 372 So. 2d 1378, 9 A.L.R. 4th 1, 102 L.R.R.M. (BNA) 2419, 1979 Fla. App. LEXIS 15180

Snippet: two sources: the reverse implications of Section 447.509, prohibiting employee solicitation at certain times

Public Employees Relations Commission v. Fraternal Order of Police, Local Lodge No. 38

Court: District Court of Appeal of Florida | Date Filed: 1976-01-28

Citation: 327 So. 2d 43, 92 L.R.R.M. (BNA) 2331, 1976 Fla. App. LEXIS 14624

Snippet: personnel. . E. g., Fla.Stat. §§ 447.607 and 447.509 (1974). . E. g., San Diego Building Trades Council

Public Emp. Rel. Com'n v. FRATERNAL ORD. OF POL., ETC.

Court: District Court of Appeal of Florida | Date Filed: 1976-01-28

Citation: 327 So. 2d 43

Snippet: personnel. [2] E.g., Fla. Stat. §§ 447.507 and 447.509 (1974). [3] E.g., San Diego Building Trades Council