Florida Statute 447.507 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

View Entire Chapter

447.507 Violation of strike prohibition; penalties.—

(1) Circuit courts having jurisdiction of the parties are vested with the authority to hear and determine all actions alleging violations of s. 447.505. Suits to enjoin violations of s. 447.505 will have priority over all matters on the court’s docket except other emergency matters.

(2) If a public employee, a group of employees, an employee organization, or any officer, agent, or representative of any employee organization engages in a strike in violation of s. 447.505, either the commission or any public employer whose employees are involved or whose employees may be affected by the strike may file suit to enjoin the strike in the circuit court having proper jurisdiction and proper venue of such actions under the Florida Rules of Civil Procedure and Florida Statutes. The circuit court shall conduct a hearing, with notice to the commission and to all interested parties, at the earliest practicable time. If the plaintiff makes a prima facie showing that a violation of s. 447.505 is in progress or that there is a clear, real, and present danger that such a strike is about to commence, the circuit court shall issue a temporary injunction enjoining the strike. Upon final hearing, the circuit court shall either make the injunction permanent or dissolve it.

(3) If an injunction to enjoin a strike issued pursuant to this section is not promptly complied with, on the application of the plaintiff, the circuit court shall immediately initiate contempt proceedings against those who appear to be in violation. An employee organization found to be in contempt of court for violating an injunction against a strike shall be fined an amount deemed appropriate by the court. In determining the appropriate fine, the court shall objectively consider the extent of lost services and the particular nature and position of the employee group in violation. In no event shall the fine exceed $5,000. Each officer, agent, or representative of an employee organization found to be in contempt of court for violating an injunction against a strike shall be fined not less than $50 nor more than $100 for each calendar day that the violation is in progress.

(4) An employee organization shall be liable for any damages which might be suffered by a public employer as a result of a violation of the provisions of s. 447.505 by the employee organization or its representatives, officers, or agents. The circuit court having jurisdiction over such actions is empowered to enforce judgments against employee organizations, as defined in this part, by attachment or garnishment of union initiation fees or dues which are to be deducted or checked off by public employers. No action shall be maintained pursuant to this subsection until all proceedings which were pending before the commission at the time of the strike or which were initiated within 30 days of the strike have been finally adjudicated or otherwise disposed of. In determining the amount of damages, if any, to be awarded to the public employer, the trier of fact shall take into consideration any action or inaction by the public employer or its agents that provoked or tended to provoke the strike by the public employees. The trier of fact shall also take into consideration any damages that might have been recovered by the public employer under subparagraph (6)(a)4.

(5) If the commission, after a hearing on notice conducted according to rules promulgated by the commission, determines that an employee has violated s. 447.505, it may order the termination of his or her employment by the public employer. Notwithstanding any other provision of law, a person knowingly violating the provision of said section may, subsequent to such violation, be appointed, reappointed, employed, or reemployed as a public employee, but only upon the following conditions:

(a) Such person shall be on probation for a period of 18 months following his or her appointment, reappointment, employment, or reemployment, during which period he or she shall serve without permanent status and at the pleasure of the agency head.

(b) His or her compensation may in no event exceed that received immediately prior to the time of the violation.

(c) The compensation of the person may not be increased until after the expiration of 1 year from such appointment, reappointment, employment, or reemployment.

(6)(a) If the commission determines that an employee organization has violated s. 447.505, it may:

1. Issue cease and desist orders as necessary to ensure compliance with its order.

2. Suspend or revoke the certification of the employee organization as the bargaining agent of such employee unit.

3. Revoke the right of dues deduction and collection previously granted to said employee organization pursuant to s. 447.303.

4. Fine the organization up to $20,000 for each calendar day of such violation or determine the approximate cost to the public due to each calendar day of the strike and fine the organization an amount equal to such cost, notwithstanding the fact that the fine may exceed $20,000 for each such calendar day. The fines so collected shall immediately accrue to the public employer and shall be used by him or her to replace those services denied the public as a result of the strike. In determining the amount of damages, if any, to be awarded to the public employer, the commission shall take into consideration any action or inaction by the public employer or its agents that provoked, or tended to provoke, the strike by the public employees.

(b) An organization determined to be in violation of s. 447.505 shall not be certified until 1 year from the date of final payment of any fine against it.

History.—s. 3, ch. 74-100; s. 1, ch. 77-174; s. 21, ch. 77-343; s. 4, ch. 79-295; s. 161, ch. 97-103; s. 39, ch. 2001-43; s. 8, ch. 2023-35.

F.S. 447.507 on Google Scholar

F.S. 447.507 on CourtListener

Amendments to 447.507

Annotations, Discussions, Cases:

Cases Citing Statute 447.507

Total Results: 4 | Sort by: Relevance | Newest First

Copy

Burgess v. Miller, 492 F. Supp. 1284 (N.D. Fla. 1980).

Cited 5 times | Published | District Court, N.D. Florida | 1980 U.S. Dist. LEXIS 14026

...Kleman knew he and his staff had told the Plaintiffs time and time again refusing to work was prohibited and would cause their discharge. As long as Plaintiffs were striking, Florida law prohibited Kleman from taking the actions Plaintiffs demanded. § 447.507(5), Fla.Stat....

Copy

Browning v. Brody, 796 So. 2d 1191 (Fla. 5th DCA 2001).

Cited 3 times | Published | Florida 5th District Court of Appeal | 2001 WL 1048510

...ion on the federal district courts in a few specific areas, none of which referenced claims of breach of duty of fair representation. Similarly, Florida's Act confers jurisdiction to the circuit courts in a few specific instances. *1195 For example, section 447.507 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 pro...

Copy

Broward Cty. Cl. Teach. Ass'n, Inc. v. Pub. Er Com'n, 331 So. 2d 342 (Fla. 1st DCA 1976).

Cited 1 times | Published | Florida 1st District Court of Appeal

...The petition is for review of an undated order of The Public Employees Relations Commission (hereinafter referred to as PERC) entered on November 10, 1975, as modified by order of November 17, 1975. The issues in both actions are the same: (1) Does PERC have authority under § 447.507, Florida Statutes to enforce or implement Section 447.505 in the absence of an unfair labor practice charge having been lodged with it which alleges a violation of § 447.501(2)(a), Florida Statutes? (2) If the answer to "(1)" above is in...

...the same is hereby denied and the Motion to Dismiss the Complaint is hereby granted. The Court is of the view that the defendant Commission is authorized, under F.S. 447.207(6) to investigate charges of striking by public employees and that under F.S. 447.507(6)(a) the said defendant has the power and duty to investigate and determine whether or not an employee organization, as defined in the statutes, has violated F.S. 447.505, prohibiting an employee organization from participating in a strike against a public employer. The Court is further of the view that procedures under F.S. 447.507 are distinct from those under F.S. 447.501, dealing with unfair labor practices, and that the making of a charge of an unfair labor practice is not a prerequisite to procedures under F.S. 447.507(6)(a)." PERC in its order from which review is sought ruled as follows: "Having heard the arguments of counsel, the Commission finds that Section 447.507, *344 Florida Statutes (Supp. 1974) grants authority to the Commission to initiate proceedings sua sponte both to enjoin violations of Section 447.505 through Section 447.507(2) or, after appropriate hearing on notice, to impose sanctions as provided in Section 447.507(5) and (6)(a)....

...strikes by public employees, evidences a legislative intent that the Commission should take appropriate action whenever public employees or any employee organization violates Section 447.505. In support of this conclusion, the Commission notes that Section 447.507 provides specific and independent remedies and sanctions for violations of Section 447.505....

...In this case, no charge has been filed by the public employer alleging a violation of Section 447.501(2)(e). Consequently, in order to effectuate the purposes of the Public Employees Relations Act and Article I, Section 5, of the Florida Constitution, the Commission must act pursuant to Sections 447.505 and 447.507(6)....

...d acting upon charges that are filed and in the absence of a charge PERC has no power to proceed. We must look not only to § 447.501 and § 447.503 for answer to this question, however. In addition to listing a strike as an unfair labor practice in § 447.507, the legislature, in implementing the above quoted provision of the Constitution, has included in this chapter *345 a specific statute, § 447.505 which provides: " Strikes prohibited....

...No public employee or employee organization may participate in a strike against a public employer by instigating or supporting, in any manner, a strike. Any violation of this section shall subject the violator to the penalties provided in this part." The legislature then immediately followed the foregoing section with § 447.507 entitled "Violation of strike prohibition; penalties." That section describes the various remedies for dealing with a strike and subsection (5) thereof provides in pertinent part: "If the commission, after a hearing on notice conducted acc...

...es that an employee organization has violated section 447.505, Florida Statutes it may ..." The statute also specifies the sanctions that may be imposed upon such an employee or an employee organization which has violated Section 447.505. Nothing in Section 447.507 indicates or infers that the commission may not act on its own motion when a strike is involved. It appears clear that, having added this section dealing specifically with strikes, the legislature intended, as to strikes, that the commission investigate and act on its own motion under § 447.507 or that it act under § 447.503 upon complaint of another....

Copy

City of Boynton Beach v. State Pub. Employees Relations Comm'n, 543 So. 2d 403 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 1217, 1989 Fla. App. LEXIS 2712, 1989 WL 50257

...and the certified organization loses the resulting election. § 447.307, Fla. Stat. (1987). (3) the Commission determines that the certified employee organization has violated the prohibition against strikes by public sector employee organizations. § 447.507(6)(a)2, Fla.Stat....

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.