Florida Senate - 2026 SENATOR AMENDMENT
Bill No. CS for CS for SB 1296
Ì230280tÎ230280
LEGISLATIVE ACTION
Senate . House
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Floor: WD/2R .
03/05/2026 02:44 PM .
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Senator Calatayud moved the following:
1 Senate Amendment to Substitute Amendment (851520)
2
3 Delete lines 42 - 233
4 and insert:
5 1.(b) If at least 30 percent of the public employees in the
6 bargaining unit as of the date set by the commission participate
7 in the election, and at least 67 percent of the public employees
8 voting in the election select an employee organization, When an
9 employee organization is selected by a majority of the employees
10 voting in an election, the commission must shall certify or
11 recertify the employee organization as the exclusive collective
12 bargaining agent for the public representative of all employees
13 in the unit.
14 2. A runoff election must be held according to rules
15 adopted by the commission if, in the election conducted under
16 subparagraph 1., there was more than one employee organization
17 on the ballot, at least 30 percent of the employees in the
18 bargaining unit participated in the election, and none of the
19 choices on the ballot received a vote of 67 percent of the
20 public employees who voted in the election.
21 (b) Certification elections involving public safety units
22 are determined as follows:
23 1. If an employee organization is selected by a majority
24 vote of the public employees voting in the election, the
25 commission must certify the employee organization as the
26 bargaining agent for the public employees in the bargaining
27 unit.
28 2. A runoff election must be held according to rules
29 adopted by the commission if, in the election conducted under
30 subparagraph 1., there was more than one employee organization
31 on the ballot and none of the choices on the ballot received a
32 majority vote of the public employees voting in the election.
33 (c) Certification, recertification, or revocation under
34 this section is effective upon the issuance of a the final order
35 by the commission or, if the final order is appealed, at the
36 time the appeal is exhausted or any stay is vacated by the
37 commission or a the court.
38 (c) In any election in which none of the choices on the
39 ballot receives the vote of a majority of the employees voting,
40 a runoff election shall be held according to rules promulgated
41 by the commission.
42 (d) No petition may be filed seeking an election in any
43 proposed or existing appropriate bargaining unit to determine
44 the exclusive bargaining agent within 12 months after the date
45 of a commission order verifying a representation election or, if
46 an employee organization prevails, within 12 months after the
47 date of an effective certification covering any of the employees
48 in the proposed or existing bargaining unit. Furthermore, if a
49 valid collective bargaining agreement covering any of the
50 employees in a proposed unit is in effect, a petition for
51 certification may be filed with the commission only during the
52 period extending from 150 days to 90 days immediately preceding
53 the expiration date of that agreement, or at any time subsequent
54 to its expiration date but prior to the effective date of any
55 new agreement. The effective date of a collective bargaining
56 agreement means the date of ratification by both parties, if the
57 agreement becomes effective immediately or retroactively; or its
58 actual effective date, if the agreement becomes effective after
59 its ratification date.
60 (5)(4) In defining a proposed bargaining unit, the
61 commission shall take into consideration:
62 (a) The principles of efficient administration of
63 government.
64 (b) The number of employee organizations with which the
65 employer might have to negotiate.
66 (c) The compatibility of the unit with the joint
67 responsibilities of the public employer and public employees to
68 represent the public.
69 (d) The power of the officials of government at the level
70 of the unit to agree, or make effective recommendations to
71 another administrative authority or to a legislative body, with
72 respect to matters of employment upon which the employee desires
73 to negotiate.
74 (e) The organizational structure of the public employer.
75 (f) Community of interest among the employees to be
76 included in the unit, considering:
77 1. The manner in which wages and other terms of employment
78 are determined.
79 2. The method by which jobs and salary classifications are
80 determined.
81 3. The interdependence of jobs and interchange of
82 employees.
83 4. The desires of the employees.
84 5. The history of employee relations within the
85 organization of the public employer concerning organization and
86 negotiation and the interest of the employees and the employer
87 in the continuation of a traditional, workable, and accepted
88 negotiation relationship.
89 (g) The statutory authority of the public employer to
90 administer a classification and pay plan.
91 (h) Such other factors and policies as the commission may
92 deem appropriate.
93
94 However, a bargaining no unit may not shall be established or
95 approved for purposes of collective bargaining which includes
96 both professional and nonprofessional employees unless a
97 majority of each group votes for inclusion in such bargaining
98 unit.
99 Section 12. Section 447.3076, Florida Statutes, is created
100 to read:
101 447.3076 Clarification of bargaining units.—
102 (1) A petition to clarify the composition of a bargaining
103 unit may be filed with the commission when significant changes
104 in statutory law or case law require clarification of the
105 bargaining unit or when a classification was:
106 (a) Created or substantially changed after the unit was
107 initially defined by the commission;
108 (b) Retitled with no substantial change in job duties; or
109 (c) Included or excluded through inadvertence or
110 misunderstanding by the commission.
111 (2) A bargaining unit clarification petition may be filed
112 by the bargaining agent for the bargaining unit or by the public
113 employer of the public employees in the unit.
114 (3) A copy of the petition must be served on the public
115 employer and any bargaining agent that is certified to represent
116 any employee or classification which may be substantially
117 affected by the proposed bargaining unit clarification.
118 (4) If any substantially affected employees are not
119 represented by a bargaining agent, the public employer must
120 provide a copy of the petition to those employees within 10 days
121 after the filing of the petition.
122 (5) When the clarification of a bargaining unit would
123 result in an increase in the size of the bargaining unit by more
124 than 25 percent, the unit clarification petition raises a
125 question concerning representation and must be dismissed.
126 Section 13. Section 447.308, Florida Statutes, is amended
127 to read:
128 447.308 Decertification Revocation of certification of
129 employee organizations organization.—
130 (1) A public Any employee or group of public employees
131 which no longer desires to be represented by a the certified
132 bargaining agent may file with the commission a petition to
133 decertify the bargaining agent revoke certification. The
134 petition must shall be accompanied by a showing of interest from
135 dated statements signed by at least 30 percent of the public
136 employees in the bargaining unit, indicating that such employees
137 no longer desire to be represented for purposes of collective
138 bargaining by the certified bargaining agent. The time of filing
139 said petition shall be governed by the provisions of s.
140 447.307(3)(d) relating to petitions for certification. The
141 showing of interest statements must be signed and dated by the
142 public employees not more than 12 months before the filing of
143 the petition. Any employee, employer, or employee organization
144 having sufficient reason to believe that the showing of interest
145 was any of the employee signatures were obtained by collusion,
146 coercion, intimidation, or misrepresentation or is are otherwise
147 invalid shall be given a reasonable opportunity to verify and
148 challenge the showing of interest signatures appearing on the
149 petition.
150 (2)(a) A decertification petition may not be filed
151 regarding the bargaining unit within 12 months after the date
152 the commission issues an order that verifies the results of a
153 certification, recertification, or decertification election
154 covering any of the public employees in the unit.
155 (b) If a valid collective bargaining agreement covering any
156 of the public employees in the bargaining unit is in effect, a
157 decertification petition may only be filed with the commission
158 at least 90 but not more than 150 days immediately preceding the
159 expiration date of the collective bargaining agreement, or at
160 any time after such agreement’s expiration date but before the
161 effective date of a new collective bargaining agreement. The
162 effective date of a collective bargaining agreement is the date
163 of ratification of such agreement by both parties if such
164 agreement becomes effective immediately or retroactively, or the
165 collective bargaining agreement’s actual effective date if such
166 agreement becomes effective after its ratification date.
167 (3) The commission or one of its designated agents shall
168 investigate the decertification petition to determine its
169 sufficiency. If the commission finds that the petition is to be
170 insufficient, the commission must it may dismiss the petition.
171 If the commission finds that the petition is sufficient, the
172 commission must it shall immediately:
173 (a) Identify the bargaining unit and determine which public
174 employees shall be qualified and entitled to vote in the
175 election held by the commission.
176 (b) Identify the public employer or employers of the
177 bargaining unit.
178 (c) Order an election by secret ballot, the cost of said
179 election to be borne equally by the parties, except as the
180 commission may provide by rule. An election conducted by mail
181 ballot must include, subject to appropriation, return envelopes
182 with prepaid postage affixed. The commission’s order assessing
183 costs of an election may be enforced pursuant to the provisions
184 of this part.
185 (4)(a) Except as provided in paragraph (b), elections are
186 determined as follows for all decertification petitions filed on
187 or after July 1, 2026:
188 1. If at least 30 percent of the public employees in the
189 bargaining unit as of the date set by the commission participate
190 in the election, and at least 67 percent of the public employees
191 voting in the election vote to decertify an employee
192 organization, the commission must revoke the bargaining agent’s
193 certification for that bargaining unit.
194 2. If decertification is not selected by at least 30
195 percent of the public employees voting in the election, and at
196 least 67 percent of the employees who are in the bargaining unit