reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXI - Labor › Chapter 446 - Job Training › 446.045 - State Apprenticeship Advisory Council.

446.045 State Apprenticeship Advisory Council.—
(1) As used in this section, the term:
(a) “Joint organization” means an apprenticeship sponsor who participates in a collective bargaining agreement.
(b) “Nonjoint organization” means an apprenticeship sponsor who does not participate in a collective bargaining agreement.
(2)(a) There is created a State Apprenticeship Advisory Council to be composed of 10 voting members appointed by the Governor and two ex officio nonvoting members. The purpose of the advisory council is to advise the department on matters relating to apprenticeship. The advisory council may not establish policy, adopt rules, or consider whether particular apprenticeship programs should be approved by the department.
(b) The Commissioner of Education or the commissioner’s designee shall serve ex officio as chair of the State Apprenticeship Advisory Council, but may not vote. The state director of the Office of Apprenticeship of the United States Department of Labor shall serve ex officio as a nonvoting member of the council. The Governor shall appoint to the council four members representing employee organizations and four members representing employer organizations. Each of these eight members shall represent industries that have registered apprenticeship programs. The Governor shall also appoint two public members who are knowledgeable about registered apprenticeship and apprenticeable occupations and who are independent of any joint or nonjoint organization. Members shall be appointed for 4-year staggered terms. A vacancy shall be filled for the remainder of the unexpired term.
(c) The council shall meet at the call of the chair or at the request of a majority of its membership, but at least twice a year. A majority of the voting members shall constitute a quorum, and the affirmative vote of a majority of a quorum is necessary to take action.
(d) The Governor may remove any member for cause.
(e) The council shall maintain minutes of each meeting. The department shall keep on file the minutes of each meeting and shall make the minutes available to any interested person.
(f) Members of the council shall serve without compensation and are not entitled to receive reimbursement for per diem and travel expenses under s. 112.061. Meetings may be held via teleconference or other electronic means.
History.—ss. 1, 2, ch. 82-55; s. 22, ch. 83-174; s. 69, ch. 85-81; s. 1, ch. 88-14; s. 5, ch. 91-429; s. 11, ch. 95-345; s. 145, ch. 97-103; s. 54, ch. 99-5; s. 116, ch. 2000-165; s. 5, ch. 2004-322; s. 3, ch. 2009-40; s. 4, ch. 2019-119.
2023 Florida Statutes › Title XXXI - Labor › Chapter 446 - Job Training › 446.051 - Related Instruction for Apprentices.

446.051 Related instruction for apprentices.—
(1) The administration and supervision of related and supplemental instruction for apprentices, coordination of such instruction with job experiences, and selection and training of teachers and coordinators for such instruction, all as approved by the registered program sponsor, shall be the responsibility of the appropriate career education institution.
(2) The appropriate career education institution shall be encouraged to cooperate with and assist in providing to any registered program sponsor facilities, equipment and supplies, and instructors’ salaries for the performance of related and supplemental instruction associated with the registered program.
History.—s. 5, ch. 23934, 1947; s. 4, ch. 28037, 1953; s. 1, ch. 63-153; ss. 15, 17, 35, ch. 69-106; s. 5, ch. 79-397; s. 80, ch. 2005-2.
Note.—Former s. 446.10.
2023 Florida Statutes › Title XXXI - Labor › Chapter 446 - Job Training › 446.052 - Preapprenticeship Program.

446.052 Preapprenticeship program.—
(1) There is created and established a preapprenticeship education program, as defined in s. 446.021.
(2) The department, under regulations established by the State Board of Education, may administer the provisions of ss. 446.011-446.092 which relate to preapprenticeship programs in cooperation with district school boards and Florida College System institution boards of trustees. District school boards, Florida College System institution boards of trustees, and registered program sponsors shall cooperate in developing and establishing programs that include career instruction and general education courses required to obtain a high school diploma.
(3) The department, the district school boards, and the Florida College System institution boards of trustees shall work together with existing registered apprenticeship programs in order that individuals completing the preapprenticeship programs may be able to receive credit towards completing a registered apprenticeship program.
(4) Veterans who have received discharges other than dishonorable discharges shall, if qualified, receive the same priorities given to registered preapprentices.
History.—s. 4, ch. 72-113; s. 57, ch. 73-338; s. 6, ch. 79-397; s. 285, ch. 81-259; s. 23, ch. 83-174; s. 19, ch. 84-114; s. 6, ch. 85-75; s. 12, ch. 95-345; s. 18, ch. 97-98; s. 37, ch. 97-307; s. 22, ch. 98-58; s. 117, ch. 2000-165; s. 6, ch. 2004-322; s. 49, ch. 2004-357; s. 5, ch. 2019-119.
2023 Florida Statutes › Title XXXI - Labor › Chapter 446 - Job Training › 446.061 - Expenditures.

446.061 Expenditures.—The department shall make necessary expenditures from the appropriation provided by law for personal services, travel, printing, equipment, office space, and supplies as provided by law.
History.—s. 6, ch. 23934, 1947; s. 24, ch. 57-1; s. 1, ch. 63-153; ss. 17, 35, ch. 69-106; s. 1, ch. 73-283; s. 1, ch. 77-174; s. 24, ch. 83-174; s. 13, ch. 95-345; s. 118, ch. 2000-165; s. 7, ch. 2004-322.
Note.—Former s. 446.11.
2023 Florida Statutes › Title XXXI - Labor › Chapter 446 - Job Training › 446.071 - Apprenticeship Sponsors.

446.071 Apprenticeship sponsors.—
(1) One or more local apprenticeship sponsors shall be approved in any trade or group of trades by the department, upon a determination of need, if the apprenticeship sponsor meets all of the standards established by the department. The term “need” refers to the need of state residents for apprenticeship training. In the absence of proof to the contrary, it shall be presumed that there is need for apprenticeship and preapprenticeship training in each county in this state.
(2) A local apprenticeship sponsor may be a committee, a group of employers, an employer, a group of employees, an educational institution, a local workforce board, a community or faith-based organization, an association, or any combination thereof.
(3) The department may grant a variance from the standards upon a showing of good cause for the variance by program sponsors in nonconstruction trades. The purpose of this subsection is to recognize the unique and varying training requirements in nontraditional apprenticeable occupations and to authorize the department to adapt the standards to the needs of the programs.
History.—s. 7, ch. 23934, 1947; s. 1, ch. 63-153; ss. 17, 35, ch. 69-106; s. 5, ch. 72-113; s. 58, ch. 73-338; s. 1, ch. 77-183; s. 7, ch. 79-397; s. 25, ch. 83-174; s. 14, ch. 95-345; s. 119, ch. 2000-165; s. 8, ch. 2004-322; s. 11, ch. 2023-81.
Note.—Former s. 446.12.
2023 Florida Statutes › Title XXXI - Labor › Chapter 446 - Job Training › 446.075 - Federal and State Cooperation.

446.075 Federal and state cooperation.—The department may contract with the United States Department of Labor, and may assume other functions and duties necessary for the department to serve as registration agent for federal apprenticeship registration purposes, except that the department may not enforce any federal apprenticeship requirement unless the department first adopts the requirement as a rule. All rules adopted and administrative hearings afforded by the department under this section must be in accordance with the requirements of chapter 120.
History.—s. 1, ch. 77-182; s. 33, ch. 79-7; s. 8, ch. 79-397; s. 26, ch. 83-174; s. 15, ch. 95-345; s. 120, ch. 2000-165; s. 9, ch. 2004-322.
2023 Florida Statutes › Title XXXI - Labor › Chapter 446 - Job Training › 446.081 - Limitation.

446.081 Limitation.—
(1) Nothing in ss. 446.011-446.092 or in any apprentice agreement approved under those sections may invalidate:
(a) Any apprenticeship provision in any collective agreement between employers and employees setting up higher apprenticeship standards.
(b) Any special provision for veterans, minority persons, or women in the standards, apprenticeship qualifications, or operation of the program that is not otherwise prohibited by law, executive order, or authorized regulation.
(2) No person shall institute any action for the enforcement of any apprentice agreement, or for damages for the breach of any apprentice agreement, made under ss. 446.011-446.092, unless he or she has first exhausted all administrative remedies provided by this section.
(3) Any person aggrieved by any determination or act of the department has the right to an administrative hearing.
(4) Nothing in ss. 446.011-446.092 or in any rules adopted or contained in any approved apprentice agreement under such sections invalidates any special provision for veterans, minority persons, or women in the standards, qualifications, or operation of the apprenticeship program which is not otherwise prohibited by any applicable general law, rule, or regulation.
History.—s. 8, ch. 23934, 1947; s. 5, ch. 28037, 1953; s. 1, ch. 63-153; s. 1, ch. 69-267; s. 1, ch. 73-283; s. 120, ch. 73-333; s. 1, ch. 77-174; s. 11, ch. 78-95; s. 27, ch. 83-174; s. 146, ch. 97-103; s. 10, ch. 2004-322; s. 6, ch. 2018-7; s. 6, ch. 2019-119.
Note.—Former s. 446.13.
2023 Florida Statutes › Title XXXI - Labor › Chapter 446 - Job Training › 446.091 - On-the-Job Training Program.

446.091 On-the-job training program.—All provisions of ss. 446.011-446.092 relating to apprenticeship and preapprenticeship, including, but not limited to, programs, agreements, standards, administration, procedures, definitions, expenditures, local committees, powers and duties, limitations, grievances, and ratios of apprentices and job trainees to journeyworkers on state, county, and municipal contracts, shall be appropriately adapted and made applicable to a program of on-the-job training authorized under those provisions for persons other than apprentices.
History.—s. 2, ch. 63-153; ss. 17, 35, ch. 69-106; s. 1, ch. 73-283; s. 59, ch. 73-338; s. 1, ch. 77-174; s. 28, ch. 83-174; s. 76, ch. 83-218; s. 16, ch. 95-345; s. 11, ch. 2004-322; s. 7, ch. 2019-119.
2023 Florida Statutes › Title XXXI - Labor › Chapter 446 - Job Training › 446.0915 - Work-Based Learning Opportunities.

446.0915 Work-based learning opportunities.—
(1) As used in this section, the term “work-based learning opportunity” means an interaction with industry or community professionals that occurs in a workplace setting, to the extent possible, or a simulated environment at an educational institution that allows firsthand experience with tasks required in a given career field, is aligned with curriculum and instruction, and is provided in partnership with an educational institution.
(2) A work-based learning opportunity must meet all of the following criteria:
(a) Be developmentally appropriate.
(b) Identify learning objectives for the term of experience.
(c) Explore multiple aspects of an industry.
(d) Develop workplace skills and competencies.
(e) Assess performance.
(f) Provide opportunities for work-based reflection.
(g) Link to next steps in career planning and preparation in a student’s chosen career pathway.
(h) Be provided in an equal and fair manner.
(i) Be documented and reported in compliance with state and federal labor laws.
A work-based learning opportunity should prioritize paid experiences, such as apprenticeship, preapprenticeship, and diversified education programs.
(3) Each district school board shall ensure that each student enrolled in grades 9 through 12 has access to at least one work-based learning opportunity.
(4) The State Board of Education shall adopt rules to implement this section which must include uniform minimum standards and guidelines for determining student eligibility, obligations of employers, and requirements of institutions that offer work-based learning opportunities.
History.—s. 16, ch. 2021-164; s. 12, ch. 2023-81.
2023 Florida Statutes › Title XXXI - Labor › Chapter 446 - Job Training › 446.092 - Criteria for Apprenticeship Occupations.

446.092 Criteria for apprenticeship occupations.—An apprenticeable occupation is a skilled trade which possesses all of the following characteristics:
(1) It is customarily learned in a practical way through a structured, systematic program of on-the-job, supervised training.
(2) It is clearly identified and commonly recognized throughout an industry.
(3) It involves manual, mechanical, or technical skills and knowledge which, in accordance with the industry standards for the occupation, would require a minimum of 2,000 hours of on-the-job training, which hours are excluded from the time spent at related instruction.
(4) It requires related instruction to supplement on-the-job training. Such instruction may be given in a classroom, through occupational or industrial courses or correspondence courses of equivalent value, through electronic media, or through other forms of self-study approved by the department.
History.—s. 9, ch. 79-397; s. 77, ch. 83-218; s. 8, ch. 2019-119.
2023 Florida Statutes › Title XXXI - Labor › Chapter 446 - Job Training › 446.40 - Rural Workforce Services Act; Short Title.

446.40 Rural Workforce Services Act; short title.—Sections 446.40-446.44 may be cited as the “Rural Workforce Services Act.”
History.—s. 1, ch. 72-398; s. 121, ch. 2000-165.
Note.—Former s. 450.40.
2023 Florida Statutes › Title XXXI - Labor › Chapter 446 - Job Training › 446.41 - Legislative Intent With Respect to Rural Workforce Training and Development; Establishment of Rural Workforce Services Program.

446.41 Legislative intent with respect to rural workforce training and development; establishment of Rural Workforce Services Program.—In order that the state may achieve its full economic and social potential, consideration must be given to rural workforce training and development to enable those living in rural areas to develop their maximum capacities and participate productively in society. It is, therefore, the policy of the state to make available those services needed to assist individuals and communities in rural areas to improve their quality of life. It is with a great sense of urgency that a Rural Workforce Services Program is established within the Department of Economic Opportunity, under the direction of CareerSource Florida, Inc., to provide equal access to all manpower training programs available to rural as well as urban areas.
History.—s. 2, ch. 72-398; s. 1, ch. 73-283; s. 1, ch. 77-174; s. 45, ch. 79-7; s. 42, ch. 83-174; s. 18, ch. 95-345; s. 122, ch. 2000-165; s. 395, ch. 2011-142; s. 50, ch. 2015-98.
Note.—Former s. 450.41.
2023 Florida Statutes › Title XXXI - Labor › Chapter 446 - Job Training › 446.42 - General Purpose of Rural Workforce Services Program.

446.42 General purpose of Rural Workforce Services Program.—A trained labor force is an essential ingredient for industrial as well as agricultural growth. Therefore, it shall be the general responsibility of the Rural Workforce Services Program to provide rural business and potential rural businesses with the employment and workforce training services and resources necessary to train and retain Florida’s rural workforce.
History.—s. 3, ch. 72-398; s. 123, ch. 2000-165.
Note.—Former s. 450.42.
2023 Florida Statutes › Title XXXI - Labor › Chapter 446 - Job Training › 446.43 - Scope and Coverage of Rural Workforce Services Program.

446.43 Scope and coverage of Rural Workforce Services Program.—The scope of the area to be covered by the Rural Workforce Services Program will include all counties of the state not classified as standard metropolitan statistical areas (SMSA) by the United States Department of Labor Manpower Administration. Florida’s designated SMSA labor areas include: Broward, Miami-Dade, Duval, Escambia, Hillsborough, Pinellas, Leon, Orange, and Palm Beach Counties.
History.—s. 4, ch. 72-398; s. 124, ch. 2000-165; s. 122, ch. 2008-4.
Note.—Former s. 450.43.
2023 Florida Statutes › Title XXXI - Labor › Chapter 446 - Job Training › 446.44 - Duties of Rural Workforce Services Program.

446.44 Duties of Rural Workforce Services Program.—It shall be the direct responsibility of the Rural Workforce Services Program to promote and deliver employment and workforce services and resources to the rural undeveloped and underdeveloped counties of the state in an effort to:
(1) Slow down out-migration of untrained rural residents to the state’s overcrowded large metropolitan centers.
(2) Improve the economic status of the impoverished rural residents.
(3) Provide present and new industry with the workforce training resources necessary for them to train the untrained rural workforce toward gainful employment.
(4) Develop rural workforce programs that will be evaluated, planned, and implemented through communications and planning with appropriate:
(a) Departments of state and federal governments.
(b) Agencies and organizations of the public and private sectors at the state, regional, and local levels.
History.—s. 5, ch. 72-398; s. 1, ch. 73-283; s. 1, ch. 77-174; s. 125, ch. 2000-165; s. 136, ch. 2023-173.
Note.—Former s. 450.44.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part I - General Provisions (Ss. 447.01-447.17) › 447.01 - Regulating labor unions; state policy.

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.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part I - General Provisions (Ss. 447.01-447.17) › 447.02 - Definitions.

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(11), 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.
Note.—Former s. 481.02.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part I - General Provisions (Ss. 447.01-447.17) › 447.03 - Employees’ right of self-organization.

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.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part I - General Provisions (Ss. 447.01-447.17) › 447.05 - Initiation fees; limitation.

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.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part I - General Provisions (Ss. 447.01-447.17) › 447.07 - Records and accounts required to be kept.

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.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part I - General Provisions (Ss. 447.01-447.17) › 447.08 - Rights of members in armed forces.

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.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part I - General Provisions (Ss. 447.01-447.17) › 447.09 - Right of franchise preserved; penalties.

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.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part I - General Provisions (Ss. 447.01-447.17) › 447.11 - Actions and suits; labor organizations as parties.

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.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part I - General Provisions (Ss. 447.01-447.17) › 447.13 - Right to strike preserved.

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.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part I - General Provisions (Ss. 447.01-447.17) › 447.14 - Penalties.

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.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part I - General Provisions (Ss. 447.01-447.17) › 447.15 - Federal regulations recognized.

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.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part I - General Provisions (Ss. 447.01-447.17) › 447.17 - Civil remedy; injunctive relief.

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.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.201 - Statement of policy.

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.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.208 - Procedure with respect to certain appeals under s. 447.207.

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.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.2085 - Commission rules concerning appeals under s. 447.207.

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.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.209 - Public employer’s rights.

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.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.303 - Dues; deduction and collection.

447.303 Dues; deduction and collection.—
(1) Except as authorized in subsection (2) or subject to a waiver granted pursuant to s. 447.207(12)(a), an employee organization that has been certified as a bargaining agent may not have its dues and uniform assessments deducted and collected by the employer from the salaries of those employees in the unit. A public employee may pay dues and uniform assessments directly to the employee organization that has been certified as the bargaining agent.
(2)(a) An employee organization that has been certified as a bargaining agent to represent law enforcement officers, correctional officers, or correctional probation officers as those terms are defined in s. 943.10(1), (2), or (3), respectively, or firefighters as defined in s. 633.102 has the right to have its dues and uniform assessments deducted and collected by the employer from the salaries of those employees who authorize the deduction and collection of said dues and uniform assessments. However, such authorization is revocable at the employee’s request upon 30 days’ written notice to the employer and employee organization. Said deductions shall commence upon the bargaining agent’s written request to the employer.
(b) Reasonable costs to the employer of said deductions is a proper subject of collective bargaining.
(c) Such right to deduction, unless revoked under s. 447.507, is in force for so long as the employee organization remains the certified bargaining agent for the employees in the 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.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.3075 - Law enforcement bargaining units; separate units required; establishment.

447.3075 Law enforcement bargaining units; separate units required; establishment.—Notwithstanding any other provision of law, administrative rule, or administrative agency decision to the contrary, any state law enforcement agency that has 1,200 or more officers shall be in a bargaining unit that is separate from officers in other state law enforcement agencies. If the application of this section requires that a new state law enforcement bargaining unit be created, a question concerning representation is not deemed to have arisen regarding the new unit or the existing unit.
History.—s. 2, ch. 2007-42.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.308 - Revocation of certification of employee organization.

447.308 Revocation of certification of employee organization.—
(1) Any employee or group of employees which no longer desires to be represented by the certified bargaining agent may file with the commission a petition to revoke certification. The petition shall be accompanied by dated statements signed by at least 30 percent of the employees in the unit, indicating that such employees no longer desire to be represented for purposes of collective bargaining by the certified bargaining agent. The time of filing said petition shall be governed by the provisions of s. 447.307(3)(d) relating to petitions for certification. Any employee or employee organization having sufficient reason to believe any of the employee signatures were obtained by collusion, coercion, intimidation, or misrepresentation or are otherwise invalid shall be given a reasonable opportunity to verify and challenge the signatures appearing on the petition. The commission or one of its designated agents shall investigate the petition to determine its sufficiency. If the commission finds the petition to be insufficient, it may dismiss the petition. If the commission finds that the petition is sufficient, it shall immediately:
(a) Identify the bargaining unit and determine which public employees shall be qualified and entitled to vote in the election held by the commission.
(b) Identify the public employer or employers.
(c) Order an election by secret ballot, the cost of said election to be borne equally by the parties, except as the commission may provide by rule. The commission’s order assessing costs of an election may be enforced pursuant to the provisions of this part.
(2) If a majority of the employees voting in such election vote against the continuation of representation by the certified bargaining agent, the certification of the employee organization as the exclusive bargaining agent for the employees in the bargaining unit shall be revoked.
(3) If a majority of the employees voting in such election do not vote against the continuation of representation by the certified bargaining agent, the certification of the employee organization as the exclusive bargaining agent for the employees in the unit shall be retained by the organization.
History.—s. 2, ch. 79-100.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.401 - Grievance procedures.

447.401 Grievance procedures.—Each public employer and bargaining agent shall negotiate a grievance procedure to be used for the settlement of disputes between employer and employee, or group of employees, involving the interpretation or application of a collective bargaining agreement. Such grievance procedure shall have as its terminal step a final and binding disposition by an impartial neutral, mutually selected by the parties; however, when the issue under appeal is an allegation of abuse, abandonment, or neglect by an employee under s. 39.201 or s. 415.1034, the grievance may not be decided until the abuse, abandonment, or neglect of a child has been judicially determined. However, an arbiter or other neutral shall not have the power to add to, subtract from, modify, or alter the terms of a collective bargaining agreement. If an employee organization is certified as the bargaining agent of a unit, the grievance procedure then in existence may be the subject of collective bargaining, and any agreement which is reached shall supersede the previously existing procedure. All public employees shall have the right to a fair and equitable grievance procedure administered without regard to membership or nonmembership in any organization, except that certified employee organizations shall not be required to process grievances for employees who are not members of the organization. A career service employee shall have the option of utilizing the civil service appeal procedure, an unfair labor practice procedure, or a grievance procedure established under this section, but such employee is precluded from availing himself or herself to more than one of these procedures.
History.—s. 3, ch. 74-100; s. 1, ch. 74-378; s. 14, ch. 77-343; s. 38, ch. 87-238; s. 12, ch. 88-290; s. 32, ch. 91-57; s. 135, ch. 95-418; s. 156, ch. 97-103; s. 154, ch. 98-403; s. 101, ch. 2000-349.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.405 - Factors to be considered by the special magistrate.

447.405 Factors to be considered by the special magistrate.—The special magistrate shall conduct the hearings and render recommended decisions with the objective of achieving a prompt, peaceful, and just settlement of disputes between the public employee organizations and the public employers. The factors, among others, to be given weight by the special magistrate in arriving at a recommended decision shall include:
(1) Comparison of the annual income of employment of the public employees in question with the annual income of employment maintained for the same or similar work of employees exhibiting like or similar skills under the same or similar working conditions in the local operating area involved.
(2) Comparison of the annual income of employment of the public employees in question with the annual income of employment of public employees in similar public employee governmental bodies of comparable size within the state.
(3) The interest and welfare of the public.
(4) Comparison of peculiarities of employment in regard to other trades or professions, specifically with respect to:
(a) Hazards of employment.
(b) Physical qualifications.
(c) Educational qualifications.
(d) Intellectual qualifications.
(e) Job training and skills.
(f) Retirement plans.
(g) Sick leave.
(h) Job security.
(5) Availability of funds.
History.—s. 3, ch. 74-100; s. 16, ch. 77-343; s. 158, ch. 97-103; s. 82, ch. 2004-11.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.407 - Compensation of mediator and special magistrate; expenses.

447.407 Compensation of mediator and special magistrate; expenses.—The compensation of the mediator and special magistrate, and all stenographic and other expenses, shall be borne equally by the parties.
History.—s. 3, ch. 74-100; s. 17, ch. 77-343; s. 83, ch. 2004-11.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.409 - Records.

447.409 Records.—All records that are relevant to, or have a bearing upon, any issue or issues raised by the proceedings conducted by the special magistrate shall be made available to the special magistrate by a request in writing to any of the parties to the impasse proceedings. Notice of such request must be furnished to all parties. Any such records that are made available to the special magistrate must also be made available to any other party to the impasse proceedings, upon written request.
History.—s. 3, ch. 74-100; s. 18, ch. 77-343; s. 17, ch. 91-269; s. 301, ch. 96-406; s. 84, ch. 2004-11.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.4095 - Financial urgency.

447.4095 Financial urgency.—In the event of a financial urgency requiring modification of an agreement, the chief executive officer or his or her representative and the bargaining agent or its representative shall meet as soon as possible to negotiate the impact of the financial urgency. If after a reasonable period of negotiation which shall not exceed 14 days, a dispute exists between the public employer and the bargaining agent, an impasse shall be deemed to have occurred, and one of the parties shall so declare in writing to the other party and to the commission. The parties shall then proceed pursuant to the provisions of s. 447.403. An unfair labor practice charge shall not be filed during the 14 days during which negotiations are occurring pursuant to this section.
History.—s. 2, ch. 95-218; s. 159, ch. 97-103.
2023 Florida Statutes › Title XXXI - Labor › Chapter 447 - Labor Organizations › Part II - Public Employees (Ss. 447.201-447.609) › 447.501 - Unfair labor practices.

447.501 Unfair labor practices.—
(1) Public employers or their agents or representatives are prohibited from:
(a) Interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this part.
(b) Encouraging or discouraging membership in any employee organization by discrimination in regard to hiring, tenure, or other conditions of employment.
(c) Refusing to bargain collectively, failing to bargain collectively in good faith, or refusing to sign a final agreement agreed upon with the certified bargaining agent for the public employees in the bargaining unit.
(d) Discharging or discriminating against a public employee because he or she has filed charges or given testimony under this part.
(e) Dominating, interfering with, or assisting in the formation, existence, or administration of, any employee organization or contributing financial support to such an organization.
(f) Refusing to discuss grievances in good faith pursuant to the terms of the collective bargaining agreement with either the certified bargaining agent for the public employee or the employee involved.
(2) A public employee organization or anyone acting in its behalf or its officers, representatives, agents, or members are prohibited from:
(a) Interfering with, restraining, or coercing public employees in the exercise of any rights guaranteed them under this part or interfering with, restraining, or coercing managerial employees by reason of their performance of job duties or other activities undertaken in the interests of the public employer.
(b) Causing or attempting to cause a public employer to discriminate against an employee because of the employee’s membership or nonmembership in an employee organization or attempting to cause the public employer to violate any of the provisions of this part.
(c) Refusing to bargain collectively or failing to bargain collectively in good faith with a public employer.
(d) Discriminating against an employee because he or she has signed or filed an affidavit, petition, or complaint or given any information or testimony in any proceedings provided for in this part.
(e) Participating in a strike against the public employer by instigating or supporting, in any positive manner, a strike. Any violation of this paragraph shall subject the violator to the penalties provided in this part.
(f) Instigating or advocating support, in any positive manner, for an employee organization’s activities from high school or grade school students or students in institutions of higher learning.
(3) Notwithstanding the provisions of subsections (1) and (2), the parties’ rights of free speech shall not be infringed, and the expression of any arguments or opinions shall not constitute, or be evidence of, an unfair employment practice or of any other violation of this part, if such expression contains no promise of benefits or threat of reprisal or force.
History.—s. 3, ch. 74-100; s. 1, ch. 77-174; s. 160, ch. 97-103.