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Florida Statute 447.09 - Full Text and Legal Analysis
Florida Statute 447.09 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 447.09 Case Law from Google Scholar Google Search for Amendments to 447.09

The 2025 Florida Statutes

Title XXXI
LABOR
Chapter 447
LABOR ORGANIZATIONS
View Entire Chapter
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.

F.S. 447.09 on Google Scholar

F.S. 447.09 on CourtListener

Amendments to 447.09


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 447.09
Level: Degree
Misdemeanor/Felony: First/Second/Third

S447.09 1 - CIVIL RIGHTS - PREVENT UNION MEMBER FROM RIGHT OF FRANCHISE - M: S
S447.09 2 - PUBLIC ORDER CRIMES - PREVENT ELECTION LABOR UNION OFFICERS - M: S
S447.09 3 - PUBLIC ORDER CRIMES - STRIKE WALKOUT STOP WORK WITHOUT MAJORITY VOTE - M: S
S447.09 4 - PUBLIC ORDER CRIMES - CONDUCT ELECTION WITHOUT SECRET BALLOT - M: S
S447.09 5 - EMBEZZLE - CHARGE UNAUTHORIZED LABOR UNION DUES - M: S
S447.09 6 - FRAUD-IMPERSON - REMOVED - M: S
S447.09 7 - FRAUD-IMPERSON - SOLICIT UNION MEMBERSHIP OR REPRESENT W/O AUTH - M: S
S447.09 8 - FRAUD-FALSE STATEMENT - REMOVED - M: S
S447.09 9 - PUBLIC ORDER CRIMES - SEIZE OCCUPY PROPERTY DURING LABOR DISPUTE - M: S
S447.09 10 - PUBLIC ORDER CRIMES - STOP WORK RE UNION DISPUTE GRIEVANCE DISAGREE - M: S
S447.09 11 - INTIMIDATION - EMPLOYEE REGARDING RIGHT NOT TO ORGANIZE - M: S
S447.09 12 - ASSEMBLY-UNLAWFUL - PICKET BEYOND LABOR DISPUTE AREA - M: S
S447.09 13 - ASSEMBLY-UNLAWFUL - PICKET PREVENT INGRESS AND EGRESS OF PREMISE - M: S
S447.09 14 - FRAUD - SOLICIT AD IN NAME OF LBR UNION W/O PERMISSION - M: S
S447.09 15 - FRAUD - PUBLICATION REPRESENT LABOR UNION W/O CONTRACT - M: S

Cases Citing Statute 447.09

Total Results: 8  |  Sort by: Relevance  |  Newest First

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DeMarco v. Publix Super Markets, Inc., 360 So. 2d 134 (Fla. 3d DCA 1978).

Cited 45 times | Published | Florida 3rd District Court of Appeal | 115 L.R.R.M. (BNA) 4616, 1978 Fla. App. LEXIS 16208

...He alleged that as a result of this deliberate and malicious termination, Publix was primarily liable in the following respects: (1) interference with the good faith exercise of his rights under Article I, Section 21 [1] and 9, [2] Florida Constitution (1968), and Section 447.09, Florida Statutes (1975); (2) damage to his reputation in that his firing imputed that he was unreliable or incompetent; and (3) severe emotional distress and mental anguish suffered....
...In fact, DeMarco's suit on behalf of his daughter is still pending which contradicts the allegation that he is being denied access to the courts in derogation of this constitutional right. Likewise, we find to be without merit the argument that Publix is liable for interference with DeMarco's rights under Section 447.09, Florida Statutes (1975) in that Chapter 447, Florida Statutes (1975) clearly was enacted for the purpose of regulating labor organizations and was not intended by the legislature to apply to the present factual situation....
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DeMarco v. Publix Super Markets, Inc., 384 So. 2d 1253 (Fla. 1980).

Cited 42 times | Published | Supreme Court of Florida | 115 L.R.R.M. (BNA) 4784, 1980 Fla. LEXIS 4216

...t Publix for interference with his access to the courts. This action is premised upon article I, section 21, of the Florida Constitution. In his other grounds, DeMarco claimed relief due to interference with the exercise of his statutory right under section 447.09, Florida Statutes (1975), damage to his reputation in that his firing imputed he was unreliable or incompetent, and severe emotional distress and mental anguish....
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Stevens v. Horne, 325 So. 2d 459 (Fla. 4th DCA 1975).

Cited 14 times | Published | Florida 4th District Court of Appeal

...ment. We believe that the present case is factually distinguishable from Letter Carriers v. Austin, supra. The trial court below found as a matter of fact that the acts complained of in Count IV and Count V were clearly violative of Florida Statutes Section 447.09, and further that all the testimony presented to the court showed that the statute was willfully violated....
...t for a person who chose not to join the union. Their action was not limited to just publishing the words "Ted Horne, Super Scab". The hanging of Ted Horne in effigy with the implied threat of violence to him is a clear violation of Florida Statute, Section 447.09(11), which provides: "It shall be unlawful for any person: (11) To coerce or intimidate any employee in the enjoyment of his legal rights, including those guaranteed in § 447.03, or to intimidate his family, picket his domicile or inj...
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CANNERY, C., D., W. & A. EMP. v. Winter Haven Hosp., Inc., 279 So. 2d 23 (Fla. 1973).

Cited 3 times | Published | Supreme Court of Florida | 83 L.R.R.M. (BNA) 2515

...lf-organization, to form, join, or assist labor organizations, 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." Section 447.09(11) of the Florida Statutes, 1971, F.S.A., provides, in part: "It shall be unlawful for any person......
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Hescom, Inc. v. Stalvey, 155 So. 2d 3 (Fla. Dist. Ct. App. 1963).

Cited 1 times | Published | District Court of Appeal of Florida | 53 L.R.R.M. (BNA) 2866, 1963 Fla. App. LEXIS 3363

...Hotel Employees Union (Fla.1957), 92 So.2d 415 . . Stornaris v. Certain Picketers etc., et al. (Fla.1950), 46 So.2d 387 . . Treasure, Inc. v. Hotel and Restaurant Employees and Bartenders’ Union (Fla.1954), 72 So.2d 670 . . F.S. Section 447.01, F.S.A. ; F.S. Section 447.03, F.S.A. ; F.S. Section 447.09, F.S.A....
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Fontainebleau Hotel Corp. v. Hotel Employees Union, 92 So. 2d 415 (Fla. 1957).

Cited 1 times | Published | Supreme Court of Florida

...Petitioner first contends that respondents did not represent its employees, that petitioner was not notified of any labor grievance prior to the picketing, nor was it given the object to be accomplished by the picketing or a reasonable time to accept or reject the union demands. Sections 447.01(1, 2), 447.03 and 447.09(3, 4, 11), Florida Statutes 1955, F.S.A., are relied upon to support petitioner's grounds for relief....
...Section 447.01(1, 2) is a statement of policy with reference to the regulation of labor unions, their agents, employees and other representatives. Section 447.03 guarantees laborers the right to organize and join a union, to bargain collectively, including acts for mutual aid and protection. Section 447.09(3, 4, 11) preserves the right of franchise but makes it unlawful to participate in any strike, walkout or cessation of labor or continuation thereof unless authorized by a majority vote of the employees affected....
...nity to negotiate whatever differences there may be or impediments there are to accomplish the objective of the picketing. At the trial and on appeal the law governing picketing and that governing the right to strike were confused. As to the latter, Section 447.09(3), Florida Statutes, F.S.A., requires that strike be approved by a majority vote of the employees to be governed thereby....
...The law of this state regulating picketing was designed to protect the laborers, the proprietors, and the public. All have a stake in the proper regulation of employer-employee relations. This court has in several cases discussed the prerequisites to good labor relations. Under the statute, Section 447.09(12, 13) and other provisions thereof, picketing contemplates a labor dispute; it should not be conducted beyond the area of the industry or business where the labor dispute arises; it should not be done by force or violence; nor should...
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Treasure, Inc. v. Hotel & Restaurant Employees & Bartenders' Union, Local No. 133, 72 So. 2d 670 (Fla. 1954).

Published | Supreme Court of Florida | 1954 Fla. LEXIS 1430, 34 L.R.R.M. (BNA) 2141

...t the purpose of said picketing, or the reason why the defendants engaged in said picketing, is totally immaterial”. Even if the picketing is peaceful, if the purpose or reason for the picketing is illegal, then the picketing may be enjoined. F.S. § 447.09, F.S.A., makes it unlawful for any person to coerce or intimidate any employee in the enjoyment of his legal rights, including those guaranteed in F.S....
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Plager Bros. Brake Servs. v. Local 320, Int'l Bhd. of Teamsters, 121 So. 2d 36 (Fla. Dist. Ct. App. 1960).

Published | District Court of Appeal of Florida | 1960 Fla. App. LEXIS 2574, 40 Lab. Cas. (CCH) 66, 598

prerequisite to their striking under Florida law, § 447.-09(3), Fla.Stat., F.S.A.

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.