CHAPTER 447

447.01 Regulating labor unions; state policy. (1) Because of the activities of labor unions affecting the economic conditions of the country and the state, entering as they do into practically every business and industrial enterprise, it is the sense of the Legislature that such organizations affect the public interest and are charged with a public use. The working person, unionist or nonunionist, must be protected. The right to work is the right to live. (2) It is here now declared to be the policy of the state, in the exercise of its sovereign constitutional police power, to regulate the activities and affairs of labor unions, their officers, agents, organizers and other representatives, in the manner, and to the extent hereafter set forth. History. — s. 1, ch. 21968, 1943; s. 147, ch. 97-103. Note. — Former s. 481.01. 447.02 Definitions. The following terms, when used in this chapter, shall have the meanings ascribed to them in this section: (1) The term “labor organization” means any organization of employees or local or subdivision thereof, having within its membership residents of the state, whether incorporated or not, organized for the purpose of dealing with employers concerning hours of employment, rate of pay, working conditions, or grievances of any kind relating to employment and recognized as a unit of bargaining by one or more employers doing business in this state, except that an “employee organization,” as defined in s. 447.203, shall be included in this definition at such time as it seeks to register pursuant to s. 447.305. (2) The term “business agent” means any person, without regard to title, who shall, for a pecuniary or financial consideration, act or attempt to act for any labor organization in: (a) The issuance of membership or authorization cards, work permits, or any other evidence of rights granted or claimed in, or by, a labor organization; or (b) Soliciting or receiving from any employer any right or privilege for employees. History. — s. 2, ch. 21968, 1943; s. 1, ch. 65-396; s. 1, ch. 77-184; s. 35, ch. 79-7; s. 1, ch. 79-89; s. 188, ch. 79-400; s. 29, ch. 83-174; s. 19, ch. 95-345; s. 127, ch. 2000-165; s. 59, ch. 2002-194; s. 4, ch. 2020-160; s. 27, ch. 2026-58. Note. — Former s. 481.02. 447.03 Employees’ right of self-organization. Employees shall have the right to self-organization, to form, join, or assist labor unions or labor organizations or to refrain from such activity, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection. History. — s. 3, ch. 21968, 1943; s. 1, ch. 74-100. Note. — Former s. 481.03. 447.05 Initiation fees; limitation. Labor unions or labor organizations shall not charge an initiation fee in excess of the sum of $15; provided, that initiation fees in effect on January 1, 1940, may be continued. History. — s. 5, ch. 21968, 1943. Note. — Former s. 481.05. 447.07 Records and accounts required to be kept. It shall be the duty of any and all labor organizations in this state to keep accurate books of accounts itemizing all receipts from whatsoever source and expenditures for whatsoever purpose, stating such sources and purposes. Any member of such labor organization shall be entitled at all reasonable times to inspect the books, records and accounts of such labor organization. History. — s. 7, ch. 21968, 1943. Note. — Former s. 481.07. 447.08 Rights of members in armed forces. Any employee who is a member of any labor organization who, because of services with the Armed Forces of the United States, during time of war or national emergency, has been unable to pay any dues, assessments or sums levied by any labor organization, shall not hereafter be required to make such back payments as a condition to reinstatement in good standing as a member of any labor organization to which he or she belonged. History. — s. 8, ch. 21968, 1943; s. 149, ch. 97-103. Note. — Former s. 481.08. 447.09 Right of franchise preserved; penalties. It shall be unlawful for any person: (1) To interfere with or prevent the right of franchise of any member of a labor organization. The right of franchise shall include the right of an employee to make complaint, file charges, give information or testimony concerning the violations of this chapter, or the petitioning to the union regarding any grievance he or she may have concerning membership or employment, or the making known facts concerning such grievance or violations of law to any public officials, and the right of free petition, lawful assemblage and free speech. (2) To prohibit or prevent any election of the officers of any labor organization. (3) To participate in any strike, walkout, or cessation of work or continuation thereof without the same being authorized by a majority vote of the employees to be governed thereby; provided, that this shall not prohibit any person from terminating his or her employment of his or her own volition. (4) To conduct any election referred to in subsection (3) of this section without a secret ballot. (5) To charge, receive, or retain any dues, assessments or other charges in excess of, or not authorized by, the constitution or bylaws of any labor organization. (6) To solicit membership for or to act as a representative of an existing labor organization without authority of such labor organization to do so. (7) To seize or occupy property unlawfully during the existence of a labor dispute. (8) To cause any cessation of work or interference with the progress of work by reason of any jurisdictional dispute, grievance or disagreement between or within labor organizations. (9) To coerce or intimidate any employee in the enjoyment of legal rights, including those guaranteed in s. 447.03; to coerce or intimidate any elected or appointed public official; or to intimidate the family, picket the domicile, or injure the person or property of such employee or public official, or his or her family. (10) To picket beyond the area of the industry or employment within which a labor dispute arises. (11) To engage in picketing by force and violence, or to picket in such a manner as to prevent ingress and egress to and from any premises, or to picket other than in a reasonable and peaceable manner. (12) To solicit advertising in the name of a labor organization without the written permission of such organization. (13) To undertake through the medium of a card, circular, pamphlet, newspaper or any other medium whatsoever, or by any holding out to the public as officially representing a labor organization without the written authority or contract with such labor organization. Any publication claiming endorsement by a labor organization shall list in such publication the name and address of the organization or organizations endorsing same. History. — s. 9, ch. 21968, 1943; s. 1, ch. 65-355; s. 2, ch. 77-343; s. 150, ch. 97-103; s. 9, ch. 2020-160. Note. — Former s. 481.09. 447.11 Actions and suits; labor organizations as parties. Any labor organization may maintain any action or suit in its commonly used name and shall be subject to any suit or action in its commonly used name in the same manner and to the same extent as any corporation authorized to do business in this state. All process, pleadings and other papers in such action may be served on the president or other officer, business agent, manager or person in charge of the business of such labor organization. Judgment in such action may be enforced against the common property only of such labor organization. History. — s. 11, ch. 21968, 1943. Note. — Former s. 481.11. 447.13 Right to strike preserved. Except as specifically provided in this chapter, nothing therein shall be construed so as to interfere with or impede or diminish in any way the right to strike or the right of individuals to work; nor shall anything in this chapter be so construed as to invade unlawfully the right to freedom of speech. History. — s. 13, ch. 21968, 1943. Note. — Former s. 481.13. 447.14 Penalties. Any person or labor organization who shall violate any of the provisions of this part shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History. — s. 14, ch. 21968, 1943; s. 373, ch. 71-136; s. 3, ch. 77-343; s. 81, ch. 91-224. Note. — Former s. 481.14. 447.15 Federal regulations recognized. All railway labor organizations and members thereof shall be exempt from all of the provisions of this chapter as long as they are regulated by Act of Congress. History. — s. 15, ch. 21968, 1943. Note. — Former s. 481.15. 447.17 Civil remedy; injunctive relief. (1) Any person who may be denied employment or discriminated against in his or her employment on account of membership or nonmembership in any labor union or labor organization shall be entitled to recover from the discriminating employer, other person, firm, corporation, labor union, labor organization, or association, acting separately or in concert, in the courts of this state, such damages as he or she may have sustained and the costs of suit, including reasonable attorney’s fees. If such employer, other person, firm, corporation, labor union, labor organization, or association acted willfully and with malice or reckless indifference to the rights of others, punitive damages may be assessed against such employer, other person, firm, corporation, labor union, labor organization, or association. (2) Any person sustaining injury as a result of any violation or threatened violation of the provisions of this section shall be entitled to injunctive relief against any and all violators or persons threatening violation. (3) The remedy and relief provided for by this section shall not be available to public employees as defined in part II of this chapter. History. — s. 2, ch. 74-100; s. 1, ch. 77-174; s. 4, ch. 77-343; s. 151, ch. 97-103. PART II PUBLIC EMPLOYEES 447.201 Statement of policy. 447.203 Definitions. 447.205 Public Employees Relations Commission. 447.207 Commission; powers and duties. 447.208 Procedure with respect to certain appeals under s. 447.207. 447.2085 Commission rules concerning appeals under s. 447.207. 447.209 Public employer’s rights. 447.301 Public employees’ rights; organization and representation. 447.303 Membership dues; deduction and collection. 447.305 Registration of employee organizations. 447.307 Certification and recertification of employee organizations. 447.3075 Law enforcement bargaining units; separate units required; establishment. 447.3076 Clarification of bargaining units. 447.308 Decertification of employee organizations. 447.309 Collective bargaining; approval or rejection. 447.401 Grievance procedures. 447.403 Resolution of impasses. 447.405 Factors to be considered by the special magistrate. 447.407 Compensation of mediator and special magistrate; expenses. 447.409 Records. 447.4095 Financial urgency. 447.501 Unfair labor practices. 447.503 Charges of unfair labor practices. 447.5035 Enforcement of commission orders. 447.504 Judicial review. 447.505 Strikes prohibited. 447.507 Violation of strike prohibition; penalties. 447.509 Other unlawful acts; exceptions. 447.51 Violations not a ground for municipal recall. 447.601 Merit or civil service system; applicability. 447.603 Local option. 447.605 Public meetings and records law; exemptions and compliance. 447.607 Commission rules; powers retained by the Legislature. 447.609 Representation in proceedings. 447.201 Statement of policy. The public policy of this state, and the purpose of this part, is to provide statutory implementation of s. 6, Art. I of the State Constitution, with respect to public employees; to promote harmonious and cooperative relationships between government and its employees, both collectively and individually; and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government. Nothing herein shall be construed either to encourage or discourage organization of public employees. This state’s public policy is best effectuated by: (1) Granting to public employees the right of organization and representation; (2) Requiring the state, local governments, and other political subdivisions to negotiate with bargaining agents duly certified to represent public employees; (3) Creating a Public Employees Relations Commission to assist in resolving disputes between public employees and public employers; and (4) Recognizing the constitutional prohibition against strikes by public employees and providing remedies for violations of such prohibition. History. — s. 3, ch. 74-100; s. 5, ch. 77-343; s. 35, ch. 2001-43. 447.203 Definitions. As used in this part: (1) “Bargaining agent” means the employee organization that has been certified by the commission as representing the employees in the bargaining unit, as provided in s. 447.307, or its representative. (2) “Bargaining unit” means either that unit determined by the commission, that unit determined through local regulations adopted pursuant to s. 447.603, or that unit determined by the public employer and the public employee organization and approved by the commission to be appropriate for the purposes of collective bargaining. However, no bargaining unit shall be defined as appropriate which includes employees of two employers that are not departments or divisions of the state, a county, a municipality, or other political entity. (3) “Chief executive officer” for the state means the Governor and for other public employers means the person, whether elected or appointed, who is responsible to the legislative body of the public employer for the administration of the governmental affairs of the public employer. (4) “Civil service” means any career, civil, or merit system used by any public employer. (5) “Collective bargaining” means the performance of the mutual obligations of the public employer and the bargaining agent of the employee organization to meet at reasonable times, to negotiate in good faith, and to execute a written contract with respect to agreements reached concerning the terms and conditions of employment, except that neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this part. (6) “Commission” means the Public Employees Relations Commission created by s. 447.205. (7) “Confidential employees” means persons who act in a confidential capacity to assist or aid managerial employees as defined in subsection (12). (8) “Employee organization” or “organization” means any labor organization, union, association, fraternal order, occupational or professional society, or group, however organized or constituted, which represents, or seeks to represent, any public employee or group of public employees concerning any matters relating to their employment relationship with a public employer. (9) “Employee organization activities” means activities undertaken at the direction of, on behalf of, or to advance the purposes of an employee organization or any parent organization or affiliate of the employee organization by doing any of the following: (a) Supporting or opposing a candidate for federal, state, or local public office. (b) Influencing the passage or defeat of any federal or state legislation or regulation, local ordinance or resolution, or ballot measure. (c) Promoting or soliciting membership or participation in, or financial support of, an employee organization or any parent organization or affiliate of the employee organization. (d) Seeking certification as a bargaining agent. (e) Participating in the administration, business, or internal governance of an employee organization or any parent organization or affiliate of the employee organization. (f) Preparing, conducting, or attending employee organization events, conferences, conventions, meetings, or trainings, unless such training is directly related to the performance of a public employee’s job duties. (g) Distributing communications of an employee organization or any parent organization or affiliate of the employee organization. (h) Representing or speaking on behalf of an employee organization or any parent organization or affiliate of the employee organization in any setting, venue, or procedure in which the public employer is not a participant. (i) Preparing, filing, or pursuing unfair labor practice charges or grievances. (j) Representing public employees in investigatory interviews; disciplinary proceedings or appeals, including termination; or other administrative or legal proceedings. (k) Engaging in collective bargaining and any related mediation, factfinding, or arbitration. (l) Administering a collective bargaining agreement. (m) Participating in labor-management committees. (10) “Good faith bargaining” means, but is not limited to, the willingness of both parties to meet at reasonable times and places, as mutually agreed upon, in order to discuss issues that are proper subjects of bargaining, with the intent of reaching a common accord. The term includes an obligation for both parties to participate actively in the negotiations with an open mind and a sincere desire, as well as making a sincere effort, to resolve differences and come to an agreement. In determining whether a party failed to bargain in good faith, the commission shall consider the total conduct of the parties during negotiations as well as the specific incidents of alleged bad faith. Incidents indicative of bad faith include, but 1 are not limited to, the following occurrences: (a) Failure to meet at reasonable times and places with representatives of the other party for the purpose of negotiations. (b) Placing unreasonable restrictions on the other party as a prerequisite to meeting. (c) Failure to discuss proper subjects of bargaining. (d) Refusing, upon reasonable written request, to provide public information, excluding work products as defined in s. 447.605. (e) Refusing to negotiate because of an unwanted person on the opposing negotiating team. (f) Negotiating directly with employees rather than with their bargaining agent. (g) Refusing to reduce a total agreement to writing. (11) “Legislative body” means the State Legislature, the board of county commissioners, the district school board, the governing body of a municipality, or the governing body of an instrumentality or unit of government having authority to appropriate funds and establish policy governing the terms and conditions of employment and which, as the case may be, is the appropriate legislative body for the bargaining unit. For purposes of s. 447.403, the Board of Governors of the State University System, or the board’s designee, shall be deemed to be the legislative body with respect to all employees of each constituent state university. For purposes of s. 447.403, the board of trustees of a community college shall be deemed to be the legislative body with respect to all employees of the community college. (12) “Managerial employees” means those employees who: (a) Perform jobs that are not of a routine, clerical, or ministerial nature and require the exercise of independent judgment in the performance of such jobs and to whom one or more of the following applies: 1. They formulate or assist in formulating policies which are applicable to bargaining unit employees. 2. They may reasonably be required on behalf of the employer to assist in the preparation for the conduct of collective bargaining negotiations. 3. They have a role in the administration of agreements resulting from collective bargaining negotiations. 4. They have a significant role in personnel administration. 5. They have a significant role in employee relations. 6. They are included in the definition of administrative personnel contained in s. 1012.01(3). 7. They have a significant role in the preparation or administration of budgets for any public agency or institution or subdivision thereof. (b) Serve as police chiefs, fire chiefs, or directors of public safety of any police, fire, or public safety department. Other police officers, as defined in s. 943.10(1), and firefighters, as defined in s. 633.102, may be determined by the commission to be managerial employees of such departments. In making such determinations, the commission shall consider, in addition to the criteria established in paragraph (a), the paramilitary organizational structure of the department involved. However, in determining whether an individual is a managerial employee pursuant to paragraph (a) or paragraph (b), the commission may consider historic relationships of the employee to the public employer and to coemployees. (13) “Membership dues” means any amount a member is required to pay in exchange for membership in an employee organization, including, but not limited to, employee organization dues; uniform assessments; or fees, including initiation fees. (14) “Membership dues deduction” means the practice by a public employer of deducting membership dues from the salary or wages of a public employee and transmitting the sums so deducted to an employee organization on behalf of the public employee. (15) “Professional employee” means: (a) Any employee engaged in work in any two or more of the following categories: 1. Work predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work. 2. Work involving the consistent exercise of discretion and judgment in its performance. 3. Work of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time. 4. Work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education, an apprenticeship, or training in the performance of routine mental or physical processes. (b) Any employee who: 1. Has completed the course of specialized intellectual instruction and study described in subparagraph (a)4. 2. Is performing related work under supervision of a professional person to qualify to become a professional employee as defined in paragraph (a). (16) “Public employee” means any person employed by a public employer except: (a) Those persons appointed by the Governor or elected by the people, agency heads, and members of boards and commissions. (b) Those persons holding positions by appointment or employment in the organized militia. (c) Those individuals acting as negotiating representatives for employer authorities. (d) Those persons who are designated by the commission as managerial or confidential employees pursuant to criteria contained herein. (e) Those persons holding positions of employment with the Florida Legislature. (f) Those persons who have been convicted of a crime and are inmates confined to institutions within the state. (g) Those persons appointed to inspection positions in federal/state fruit and vegetable inspection service whose conditions of appointment are affected by the following: 1. Federal license requirement. 2. Federal autonomy regarding investigation and disciplining of appointees. 3. Frequent transfers due to harvesting conditions. (h) Those persons employed by the Public Employees Relations Commission. (i) Those persons enrolled as undergraduate students in a state university who perform part-time work for the state university. (17) “Public employer” or “employer” means the state or any county, municipality, or special district or any subdivision or agency thereof which the commission determines has sufficient legal distinctiveness properly to carry out the functions of a public employer. With respect to all public employees determined by the commission as properly belonging to a statewide bargaining unit composed of State Career Service System employees or Selected Professional Service employees, the Governor is deemed to be the public employer; and the Board of Governors of the State University System, or the board’s designee, is deemed to be the public employer with respect to all public employees of each constituent state university. The board of trustees of a community college is deemed to be the public employer with respect to all employees of the community college. The district school board is deemed to be the public employer with respect to all employees of the school district. The Board of Trustees of the Florida School for the Deaf and the Blind is deemed to be the public employer with respect to the academic and academic administrative personnel of the Florida School for the Deaf and the Blind. The Governor is deemed to be the public employer with respect to all employees in the Correctional Education Program of the Department of Corrections established pursuant to s. 944.801. (18) “Public safety unit” means a bargaining unit in which the majority of the public employees are employed as a law enforcement officer, correctional officer, or correctional probation officer, as those terms are defined in s. 943.10(1), (2), or (3), respectively; a firefighter as defined in s. 633.102(9); a 911 public safety telecommunicator as defined in s. 401.465(1); or an emergency medical technician or a paramedic, as those terms are defined in s. 401.23. (19) “Representational employee organization activities” means those activities specified in paragraphs (9)(i)-(m). (20) “Showing of interest” means written statements signed and dated by public employees in a proposed or existing bargaining unit indicating the desire of the public employees either to be represented by the employee organization for purposes of collective bargaining or to no longer be represented by the bargaining agent for purposes of collective bargaining. (21) “Strike” means the concerted failure of employees to report for duty; the concerted absence of employees from their positions; the concerted stoppage of work by employees; the concerted submission of resignations by employees; the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of the duties of employment with a public employer for the purpose of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment or the rights, privileges, or obligations of public employment, or participating in a deliberate and concerted course of conduct which adversely affects the services of the public employer; the concerted failure of employees to report for work after the expiration of a collective bargaining agreement; and picketing in furtherance of a work stoppage. The term includes any overt preparation, including, but not limited to, the establishment of strike funds with regard to the activities listed in this subsection. (22) “Strike funds” means any appropriations by an employee organization which are established to directly or indirectly aid any employee or employee organization to participate in a strike in the state. (23) “Student representative” means the representative selected by each community college or university student government association. Each representative may be present at all negotiating sessions that take place between the appropriate public employer and a bargaining agent. The representative must be enrolled as a student with at least 8 credit hours in the respective community college or university during his or her term as student representative. History. — s. 3, ch. 74-100; s. 1, ch. 76-39; s. 1, ch. 76-214; s. 1, ch. 76-269; s. 1, ch. 77-174; s. 6, ch. 77-343; s. 1, ch. 79-100; s. 118, ch. 79-222; s. 2, ch. 81-305; ss. 10, 12, ch. 85-241; s. 12, ch. 85-318; s. 5, ch. 86-145; s. 35, ch. 89-526; s. 12, ch. 90-365; s. 21, ch. 91-55; s. 14, ch. 91-269; s. 1, ch. 94-89; s. 12, ch. 95-325; s. 152, ch. 97-103; s. 1, ch. 2000-156; s. 1006, ch. 2002-387; s. 52, ch. 2007-217; s. 140, ch. 2013-183; s. 133, ch. 2019-167; s. 5, ch. 2023-245; s. 6, ch. 2025-110; s. 5, ch. 2026-58. 1 Note. — The words “are not” were substituted for the words “not be” by the editors to conform to context. 447.205 Public Employees Relations Commission. (1) The Public Employees Relations Commission, hereinafter referred to as the “commission,” shall be composed of a chair and two part-time members to be appointed by the Governor, subject to confirmation by the Senate, from persons representative of the public and known for their objective and independent judgment, who shall not be employed by, or hold any commission with, any governmental unit in the state or any employee organization, as defined in this part, while in such office. In no event shall more than one appointee be a person who, on account of previous vocation, employment, or affiliation, is, or has been, classified as a representative of employers; and in no event shall more than one such appointee be a person who, on account of previous vocation, employment, or affiliation, is, or has been, classified as a representative of employees or employee organizations. The chair of the commission shall devote full time to commission duties and shall not engage in any other business, vocation, or employment while in such office. The part-time members shall not engage in any business, vocation, or employment that conflicts with their duties while in such office. Beginning January 1, 1980, the chair shall be appointed for a term of 4 years, one commissioner for a term of 1 year, and one commissioner for a term of 2 years. Thereafter, every term of office shall be for 4 years; and each term of the office of chair shall commence on January 1 of the second year following each regularly scheduled general election at which a Governor is elected to a full term of office. In the event of a vacancy prior to the expiration of a term of office, an appointment shall be made for the unexpired term of that office. The chair shall be responsible for the administrative functions of the commission and shall have the authority to employ such personnel as may be necessary to carry out the provisions of this part. Once appointed to the office of chair, the chair shall serve as chair for the duration of the term of office of chair. Nothing contained herein prohibits a chair or commissioner from serving multiple terms. (2) The chair and the other commissioners shall be paid annual salaries to be fixed by law. Such salaries shall be paid in equal monthly installments. All commissioners shall be reimbursed for expenses, as provided in s. 112.061. (3) The commission, in the performance of its powers and duties under this part, shall not be subject to control, supervision, or direction by the Department of Management Services. (4) The property, personnel, and appropriations related to the commission’s specified authority, powers, duties, and responsibilities shall be provided to the commission by the Department of Management Services. (5) The commission shall make such expenditures, including expenditures for personal services and rent at the seat of government and elsewhere, for law books, books of reference, periodicals, furniture, equipment, and supplies, and for printing and binding, as may be necessary in exercising its authority and powers and carrying out its duties and responsibilities. All such expenditures of the commission shall be allowed and paid upon the presentation of itemized vouchers therefor approved by the chair. (6) The commission may, in its discretion, charge for publications, subscriptions, and copies of records and documents. Such funds shall be deposited in a trust fund to be established by the commission and shall be used to help defray the cost of providing such publications, subscriptions, and copies of records and documents. (7) The commission shall maintain and keep open during reasonable business hours an office, which shall be provided in the Capitol Center for the transaction of its business, at which its official records and papers shall be kept. The commission may hold sessions and conduct hearings at any place within the state. (8) The commission shall have a seal for authentication of its orders and proceedings, upon which shall be inscribed the words “State of Florida-Public Employees Relations Commission” and which shall be judicially noticed. (9) The commission is expressly authorized to provide by rule for, and to destroy, obsolete records of the commission. (10) The deliberations of the commission in any proceeding before it are closed and exempt from the provisions of s. 286.011. However, any hearing held or oral argument heard by the commission pursuant to chapter 120 or this chapter shall be open to the public. All draft orders developed in preparation for, or preliminary to, the issuance of a final written order are confidential and exempt from the provisions of s. 119.07(1). (11) Any hearing held under this chapter shall be conducted according to the provisions of ss. 120.569 and 120.57 by the commission, a member of the commission, or a hearing officer designated by the commission who is an employee of the commission and a member of The Florida Bar. (12) The commission may appoint an employee as elections supervisor to conduct elections in accordance with this chapter. History. — s. 3, ch. 74-100; s. 7, ch. 77-343; s. 40, ch. 79-7; s. 1, ch. 79-85; s. 189, ch. 79-400; s. 2, ch. 84-228; s. 1, ch. 91-151; s. 15, ch. 91-269; s. 299, ch. 96-406; s. 201, ch. 96-410; s. 1073, ch. 97-103; s. 36, ch. 2001-43; s. 1, ch. 2011-57; s. 6, ch. 2026-58. 447.207 Commission; powers and duties. (1) The commission shall, in accordance with chapter 120, adopt, promulgate, amend, or rescind such rules and regulations as it deems necessary and administratively feasible to carry out the provisions of this part. (2) To accomplish the objectives and carry out the duties prescribed by this part, the commission may preserve and enforce order during any proceeding; issue subpoenas for, administer oaths or affirmations to, and compel the attendance and testimony of witnesses; or issue subpoenas for, and compel the production of, books, papers, records, documents, and other evidence. However, in the absence of extraordinary circumstances, no subpoena shall issue which commands the attendance or testimony of any commissioner or any commission employee at a commission proceeding with respect to the performance of official or assigned duties, or the production of books, papers, records, or documents of the commission which have been prepared during the performance of such duties. (3) If any person: (a) Misbehaves during a proceeding or so near the place thereof as to obstruct the same; (b) Neglects to produce, after having been ordered to do so, any pertinent book, paper, record, or document; or (c) Refuses or fails to appear after having been subpoenaed or, upon appearing, refuses to take oath or affirmation as a witness or, after having taken the oath, refuses to be examined according to law, the commission shall certify the facts to the circuit court having jurisdiction in the county where the proceeding is taking place, which shall thereupon in a summary manner hear the evidence as to the acts complained of and, if the evidence so warrants, punish such person in the same manner and to the same extent as for a contempt committed before the court or commit such person upon the same conditions as if the doing of the forbidden act had occurred with reference to the process or order of, or in the presence of, the court. (4) Any subpoena issued under this part must either be served by certified mail, return receipt requested, or be served personally by any person specified by law to serve process or by any person who is not a party and who is 18 years of age or older. When certified mail is used, a returned post office receipt constitutes proof of service. When personal service is used, if the subpoena is not served by a person specified by law to serve process, an affidavit of the person making service constitutes proof of service. (5) The commission shall adopt rules as to the qualifications of persons who may serve as special magistrates and shall maintain a list of such qualified persons who are not employees of the commission. The commission may initiate dispute resolution procedures by special magistrates pursuant to this part. (6) Pursuant to its established procedures, the commission shall resolve questions and controversies concerning claims for recognition as the bargaining agent for a bargaining unit, determine or approve units appropriate for purposes of collective bargaining, expeditiously process charges of unfair labor practices and violations of s. 447.505 by public employees, and resolve such other questions and controversies as it may be authorized herein to undertake. The petitioner, charging party, respondent, and any intervenors shall be the adversary parties before the commission in any adjudicatory proceeding conducted pursuant to this part. Any commission statement of general applicability that implements, interprets, or prescribes law or policy, made in the course of adjudicating a case pursuant to s. 447.307 or s. 447.503 does not constitute a rule within the meaning of s. 120.52. (7) The commission shall provide by rule a procedure for the filing and prompt disposition of petitions for a declaratory statement as to the applicability of any statutory provision or any rule or order of the commission. Such rule or rules shall provide for, but not be limited to, an expeditious disposition of petitions posing questions relating to potential unfair labor practices. Commission disposition of a petition shall be final agency action and shall not constitute a rule as defined in s. 120.52. (8) The commission or its designated agent shall hear appeals arising out of any suspension, reduction in pay, demotion, or dismissal of any permanent employee in the State Career Service System in the manner provided in s. 110.227. (9) Pursuant to s. 447.208, the commission or its designated agent shall hear appeals, and enter such orders as it deems appropriate, arising out of: (a) Section 110.124, relating to termination or transfer of State Career Service System employees aged 65 or older. (b) Section 112.044(4), relating to age discrimination. (c) Section 295.11, relating to reasons for not employing a preferred veteran applicant. (10) Appeals to the commission pursuant to subsection (8) or subsection (9) shall be the exclusive administrative review of such actions, notwithstanding the provisions of chapter 120. However, nothing in this subsection shall affect an employee’s rights pursuant to s. 447.401 or s. 447.503. (11) Decisions issued by the commission pursuant to subsection (8) or subsection (9) shall be final agency action which shall be reviewable pursuant to s. 447.504. (12) Upon a petition by a public employer after it has been notified by the Department of Labor that the public employer’s protective arrangement covering mass transit employees does not meet the requirements of 49 U.S.C. s. 5333(b) and would jeopardize the public employer’s continued eligibility to receive Federal Transit Administration funding, the commission may waive the application of this part, but only to the extent necessary for the public employer to comply with 49 U.S.C. s. 5333(b). History. — s. 3, ch. 74-100; s. 8, ch. 77-343; s. 2, ch. 79-85; s. 190, ch. 79-400; s. 83, ch. 86-163; s. 8, ch. 91-220; s. 19, ch. 91-431; s. 36, ch. 96-399; s. 202, ch. 96-410; s. 37, ch. 2001-43; s. 80, ch. 2004-11; s. 2, ch. 2023-35; s. 1, ch. 2024-23; s. 7, ch. 2026-58. 447.208 Procedure with respect to certain appeals under s. 447.207. (1) Any person filing an appeal pursuant to subsection (9) of s. 447.207 shall be entitled to a hearing pursuant to subsections (4) and (5) of s. 447.503 and in accordance with chapter 120; however, the hearing shall be conducted within 30 days of the filing of an appeal with the commission, unless an extension of time is granted by the commission for good cause. Discovery may be granted only upon a showing of extraordinary circumstances. A party requesting discovery shall demonstrate a substantial need for the information requested and an inability to obtain relevant information by other means. To the extent that chapter 120 is inconsistent with these provisions, the procedures contained in this section shall govern. (2) This section does not prohibit any person from representing himself or herself in proceedings before the commission or from being represented by legal counsel or by any individual who qualifies as a representative pursuant to rules promulgated and adopted by the commission. (3) Any order of the commission issued under this section may include back pay, if applicable, and an amount, to be determined by the commission and paid by the agency, for reasonable attorney’s fees, witness fees, and other out-of-pocket expenses incurred during the prosecution of an appeal against an agency in which the commission sustains the employee. In determining the amount of an attorney’s fee, the commission shall consider only the number of hours reasonably spent on the appeal, comparing the number of hours spent on similar cases and the reasonable hourly rate charged in the geographic area for similar appeals, but not including litigation over the amount of the attorney’s fee. This paragraph applies to future and pending cases. History. — s. 84, ch. 86-163; s. 37, ch. 87-238; s. 31, ch. 91-57; s. 2, ch. 91-151; s. 49, ch. 95-228; s. 134, ch. 95-418; s. 153, ch. 97-103; s. 54, ch. 99-399; s. 100, ch. 2000-349; s. 38, ch. 2001-43. 447.2085 Commission rules concerning appeals under s. 447.207. The Public Employees Relations Commission shall promulgate rules concerning the receipt, processing, and resolution of appeals filed under subsections (8) and (9) of s. 447.207. History. — s. 86, ch. 86-163. 447.209 Public employer’s rights. It is the right of the public employer to determine unilaterally the purpose of each of its constituent agencies, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the public employer to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of any collective bargaining agreement in force or any civil or career service regulation. History. — s. 3, ch. 74-100. 447.301 Public employees’ rights; organization and representation. (1)(a) Public employees shall have the right to form, join, and participate in, or to refrain from forming, joining, or participating in, any employee organization of their own choosing. (b)1. A public employee who desires to be a member of an employee organization must sign and date a membership authorization form, as prescribed by the commission, and submit the executed form to the bargaining agent. 2. The membership authorization form must identify the name of the bargaining agent; the name of the employee; the class code and class title of the employee; the name of the public employer and employing agency, if applicable; the amount of the membership dues which the public employee must pay; and the names and amounts disclosed under s. 447.305(2)(d) for the officers and employees receiving the five highest total dollar amounts. 3. The membership authorization form must contain the following statement in 14-point type: As a public employee in the State of Florida, membership or nonmembership in a labor union is not required as a condition of employment. Union membership and payment of membership dues are voluntary. A public employee’s right to join and pay membership dues to a labor union or to refrain from joining and paying membership dues to a labor union is protected by both Florida’s right-to-work law and the First Amendment of the United States Constitution. A public employer may not discriminate against a public employee for joining and financially supporting, or refusing to join and financially support, a labor union. 4. A public employee may revoke membership in the employee organization at any time. Within 30 days after receipt of the public employee’s written revocation of membership, the employee organization must revoke the public employee’s membership and cease collection of membership dues for such public employee. The employee organization may not limit a public employee’s right to revoke membership to certain dates. If a public employee must complete a form to revoke membership in the employee organization, the form may not require a reason for the public employee’s decision to revoke his or her membership. 5. An employee organization must retain for inspection by the commission such membership authorization forms and any revocations. A membership authorization form is valid if it meets the requirements in law at the time it was signed by the employee and if the employee’s membership has not been subsequently revoked. 6. This paragraph does not apply to public employees in public safety units. 7. The commission may adopt rules to implement this paragraph. (2) Public employees have the right to be represented by any employee organization of their own choosing and to negotiate collectively, through a bargaining agent, with their public employer in the determination of the terms and conditions of their employment. Public employees have the right to be represented in the determination of grievances on all terms and conditions of their employment. Public employees have the right to refrain from exercising the right to be represented. (3) Public employees shall have the right to engage in concerted activities not prohibited by law, for the purpose of collective bargaining or other mutual aid or protection. Public employees shall also have the right to refrain from engaging in such activities. (4) Nothing in this part shall be construed to prevent any public employee from presenting, at any time, his or her own grievances, in person or by legal counsel, to his or her public employer and having such grievances adjusted without the intervention of the bargaining agent, if the adjustment is not inconsistent with the terms of the collective bargaining agreement then in effect and if the bargaining agent has been given reasonable opportunity to be present at any meeting called for the resolution of such grievances. (5) In the case of community colleges and universities, the student government association of each community college or university shall establish procedures for the selection of, and shall select, a student representative to be present, at his or her discretion, at negotiations between the bargaining agent of the employees and the board of trustees. Each student representative shall have access to all written draft agreements and all other written documents pertaining to negotiations exchanged by the appropriate public employer and the bargaining agent, including a copy of any prepared written transcripts of any negotiating session. Each student representative shall have the right at reasonable times during the negotiating session to comment to the parties and to the public upon the impact of proposed agreements on the educational environment of students. Each student representative shall have the right to be accompanied by alternates or aides, not to exceed a combined total of two in number. Each student representative shall be obligated to participate in good faith during all negotiations and shall be subject to the rules and regulations of the Public Employees Relations Commission. The student representatives shall have neither voting nor veto power in any negotiation, action, or agreement. The state or any branch, agency, division, agent, or institution of the state, including community colleges and universities, may not expend any moneys from any source for the payment of reimbursement for travel expenses or per diem to aides, alternates, or student representatives participating in, observing, or contributing to any negotiating sessions between the bargaining parties. History. — s. 3, ch. 74-100; s. 9, ch. 77-343; s. 191, ch. 79-400; s. 6, ch. 83-214; s. 154, ch. 97-103; s. 1007, ch. 2002-387; s. 1, ch. 2023-35; s. 2, ch. 2024-23; s. 8, ch. 2026-58. 447.303 Membership dues; deduction and collection. (1) Except as authorized in subsection (2) or subject to a waiver of the prohibition on membership dues deduction granted pursuant to s. 447.207(12), a public employer may not engage in membership dues deduction on behalf of an employee organization. A public employee may pay membership dues directly to the employee organization, any parent organization of the employee organization, or any affiliate of either the employee organization or the parent organization. (2)(a) Upon the written authorization of a public employee in a public safety unit, the public employer must engage in membership dues deduction for such public employee. A public employee may revoke his or her authorization for membership dues deduction upon providing 30 days’ written notice to the public employer and bargaining agent. (b) Reasonable costs to the public employer of engaging in membership dues deductions is a proper subject of collective bargaining. (c) The requirement to engage in membership dues deductions, unless revoked under s. 447.507, is in force as long as the bargaining agent remains certified to represent the public employees in the bargaining unit. (3) The public employer is expressly prohibited from any involvement in the collection of fines, penalties, or special assessments. History. — s. 3, ch. 74-100; s. 10, ch. 77-343; s. 3, ch. 2023-35; s. 3, ch. 2024-23; s. 9, ch. 2026-58. 447.305 Registration of employee organizations. (1) Every employee organization seeking to become a bargaining agent for public employees shall register with the commission before submitting a certification, recertification, or unit clarification petition. If an employee organization is not registered, it may not participate in a certification, recertification, or unit clarification hearing; participate in a certification or recertification election; or be certified as a bargaining agent. The application for registration required by this section must be under oath and in such form as the commission may prescribe, and must include all of the following: (a) The name and address of the organization and any parent organization or affiliate of the employee organization. (b) The names and addresses of the principal officers and all representatives of the organization. (c) The amount and collection frequency of the membership dues that a member of the organization must pay. (d) The current annual financial statement of the organization, prepared by an independent certified public accountant licensed under chapter 473. (e) The name of its business agent, if any; if different from the business agent, the name of its local agent for service of process; and the addresses where such person or persons can be reached. (f) A pledge, in a form prescribed by the commission, that the employee organization will conform to the laws of this state and that it will accept members without regard to age, race, sex, religion, or national origin. (g) A copy of the current constitution and bylaws of the employee organization. (h) A copy of the current constitution and bylaws of the state and national groups with which the employee organization is affiliated or associated. In lieu of this provision, and upon adoption of a rule by the commission, a state or national affiliate or parent organization of any registering employee organization may annually submit a copy of its current constitution and bylaws. (2) A registration granted to an employee organization pursuant to this section runs for 1 year after the date of issuance. A registration must be renewed annually by filing an application for renewal under oath with the commission, which application must reflect any changes in the information provided to the commission in conjunction with the employee organization’s preceding application for registration or previous renewal, whichever is applicable. Each application for renewal of registration must include a current annual financial statement, prepared by an independent certified public accountant licensed under chapter 473 and signed by the employee organization’s president and treasurer or corresponding principal officers, containing the following information in such detail as may be necessary to accurately disclose its financial condition and operations for its preceding fiscal year and in all of the following categories as prescribed by the commission: (a) Assets and liabilities at the beginning and end of the fiscal year. (b) Receipts of any kind and the sources thereof. (c) Disbursements by category. (d) Salary, wages, fringe benefits, allowances, and other direct or indirect disbursements, including reimbursed expenses, paid or accruing to each of its officers and also to each of its employees who, during such fiscal year, received more than $10,000 in the aggregate from such employee organization and any parent organization of the employee organization or any affiliate of either the employee organization or the parent organization. This paragraph requires reporting of any reimbursements paid by the employee organization to a public employer for moneys paid by the public employer to the employee organization’s officers or employees. (e) Direct and indirect loans made to any of its officers, employees, or members which aggregated more than $250 during the fiscal year, together with a statement of the purpose, security, if any, and arrangements for repayment. (f) Direct and indirect loans to any business enterprise, together with a statement of the purpose, security, if any, and arrangements for repayment. (g) The amount of membership dues retained by or distributed to the employee organization, any parent organization of the employee organization, and any affiliate of either the employee organization or the parent organization. (3) As part of its application for renewal of registration, a bargaining agent must include all of the following information as of the 30th day immediately preceding the date upon which its current registration is scheduled to end: (a) For each bargaining unit for which the bargaining agent is certified, the certification number assigned to the bargaining unit by the commission. (b) For each certification, the number of public employees in the bargaining unit. (c) For each certification, the number of public employees in the bargaining unit who paid full membership dues sufficient to maintain membership in good standing in the bargaining agent. (d) For each certification, the number of public employees in the bargaining unit who have submitted signed membership authorization forms without a subsequent revocation of such membership. (e) An agreed-upon procedures report performed by an independent certified public accountant retained by the employee organization to assist in determining the accuracy of the information provided in paragraphs (b), (c), and (d). The agreed-upon procedures must be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. (4) Within 30 days after filing an application for renewal of registration with the commission, the employee organization must provide a copy of its application to the public employer and public employees of each bargaining unit for which the employee organization is the bargaining agent. (5) The commission must notify the bargaining agent if the information required in subsection (3) is incomplete. The bargaining agent must provide the missing information to the commission within 30 days after such notification. If the bargaining agent fails to provide the missing information within 30 days after notification, the commission must dismiss the application. (6) The commission must notify the bargaining agent when the information required in subsection (3) is complete. Within 30 days after such notification, the bargaining agent must petition for recertification pursuant to s. 447.307 for each of its bargaining units for which less than 60 percent of the public employees in the bargaining unit have submitted membership authorization forms without subsequent revocation and paid membership dues to the organization, as reported under subsection (3). (7) If the public employer or a public employee of a bargaining unit represented by a bargaining agent believes that the bargaining agent’s application for renewal of registration is materially inaccurate, the public employer or public employee may challenge the application as materially inaccurate during the pendency of the application or, if the registration renewal has been granted, before the date upon which the bargaining agent’s current registration is scheduled to end. If a challenge is filed, the commission or one of its designated agents must conduct an investigation pursuant to subsection (8). (8) The commission or one of its designated agents may conduct an investigation to confirm the validity of any information submitted pursuant to this section. The commission may revoke or deny an employee organization’s registration or certification if it finds that the employee organization: (a) Failed to cooperate with the investigation conducted pursuant to this subsection, including refusal to permit the commission or one of its designated agents to inspect membership authorization forms or revocations pursuant to s. 447.301(1)(b)5.; or (b) Intentionally misrepresented the information it submitted pursuant to this section. (9) An employee organization is exempt from the requirements of subsections (3)-(8) and (12) for each public safety unit it represents. (10) A registration fee must accompany each application for registration or renewal of registration filed with the commission. The registration fee may not exceed $15. All such money collected by the commission shall be deposited in the General Revenue Fund. (11) Every employee organization shall keep accurate accounts of its income and expenses, which accounts must be open for inspection at a reasonable time and place by any member of the organization or by the commission. (12) The certification of an employee organization that does not comply with this section is revoked. An employee organization that has its certification revoked under this subsection may not file a petition for certification under s. 447.307 which covers any of the public employees in the bargaining unit described in the revoked certification for at least 12 months after the date the certification was revoked. (13) A decision issued by the commission under this section is a final agency action that is reviewable pursuant to s. 447.504. History. — s. 3, ch. 74-100; s. 11, ch. 77-343; s. 2, ch. 79-89; s. 34, ch. 83-174; s. 24, ch. 95-345; s. 134, ch. 2000-165; s. 60, ch. 2002-194; s. 12, ch. 2020-160; s. 4, ch. 2023-35; s. 4, ch. 2024-23; s. 10, ch. 2026-58. 447.307 Certification and recertification of employee organizations. (1)(a) An employee organization seeking certification or recertification as a bargaining agent must file a petition with the commission accompanied by a showing of interest from at least 30 percent of the public employees in the proposed or existing bargaining unit. The showing of interest statements