Florida Senate - 2026 SENATOR AMENDMENT
Bill No. CS for CS for SB 1296
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LEGISLATIVE ACTION
Senate . House
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Floor: 4/AD/2R .
03/05/2026 02:47 PM .
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Senator Martin moved the following:
1 Senate Substitute for Amendment (351914) (with title
2 amendment)
3
4 Delete lines 1009 - 1211
5 and insert:
6 (b) Conduct elections by mail, on site, or by any combined
7 method ordered or approved by the commission.
8 1. In determining the method of election and timing, the
9 commission shall consider all of the following factors:
10 a. The number of eligible voters in the bargaining unit.
11 b. The number of work locations and availability of polling
12 locations.
13 c. The size of the public employer’s operations.
14 d. The cost to the commission and parties to conduct the
15 election.
16 e. The commission’s workload and election schedule.
17 f. The work schedules and shifts of the eligible voters.
18 g. Whether the parties agree on a time to hold the election
19 and the method of election to be used.
20 h. Any other factors that might impact the integrity of the
21 election.
22 2. Notwithstanding subparagraph 1., if one of the parties
23 to the election requests an election by mail, the commission
24 must conduct the election by mail. An election by mail must be
25 conducted no earlier than 4 weeks after the postmark date on the
26 ballot mailed by the commission. Notice of an election by mail
27 must be provided by the commission to the bargaining agent, the
28 public employer, and the public employees in the bargaining unit
29 at least 4 weeks before the date of the election.
30 (c)2. Identify the public employer or employers for
31 purposes of collective bargaining with the bargaining agent.
32 (d)3. Order an election by secret ballot, the cost of said
33 election and any required runoff election to be borne equally by
34 the parties, except as the commission may provide by rule. An
35 election conducted by mail ballot must include, subject to
36 appropriation, return envelopes with prepaid postage affixed.
37 The commission’s order assessing costs of an election may be
38 enforced pursuant to the provisions of this part.
39 (4)(a) Except as provided in paragraph (b), elections are
40 determined as follows for all certification or recertification
41 petitions filed on or after July 1, 2026:
42 1.(b) If at least 50 percent of the public employees in the
43 bargaining unit as of the date set by the commission participate
44 in the election, and at least 50 percent of the public employees
45 voting in the election select an employee organization, When an
46 employee organization is selected by a majority of the employees
47 voting in an election, the commission must shall certify or
48 recertify the employee organization as the exclusive collective
49 bargaining agent for the public representative of all employees
50 in the unit.
51 2. A runoff election must be held according to rules
52 adopted by the commission if, in the election conducted under
53 subparagraph 1., there was more than one employee organization
54 on the ballot, at least 50 percent of the employees in the
55 bargaining unit participated in the election, and none of the
56 choices on the ballot received a vote of 50 percent of the
57 public employees who voted in the election.
58 (b) Certification elections involving public safety units
59 are determined as follows:
60 1. If an employee organization is selected by a majority
61 vote of the public employees voting in the election, the
62 commission must certify the employee organization as the
63 bargaining agent for the public employees in the bargaining
64 unit.
65 2. A runoff election must be held according to rules
66 adopted by the commission if, in the election conducted under
67 subparagraph 1., there was more than one employee organization
68 on the ballot and none of the choices on the ballot received a
69 majority vote of the public employees voting in the election.
70 (c) Certification, recertification, or revocation under
71 this section is effective upon the issuance of a the final order
72 by the commission or, if the final order is appealed, at the
73 time the appeal is exhausted or any stay is vacated by the
74 commission or a the court.
75 (c) In any election in which none of the choices on the
76 ballot receives the vote of a majority of the employees voting,
77 a runoff election shall be held according to rules promulgated
78 by the commission.
79 (d) No petition may be filed seeking an election in any
80 proposed or existing appropriate bargaining unit to determine
81 the exclusive bargaining agent within 12 months after the date
82 of a commission order verifying a representation election or, if
83 an employee organization prevails, within 12 months after the
84 date of an effective certification covering any of the employees
85 in the proposed or existing bargaining unit. Furthermore, if a
86 valid collective bargaining agreement covering any of the
87 employees in a proposed unit is in effect, a petition for
88 certification may be filed with the commission only during the
89 period extending from 150 days to 90 days immediately preceding
90 the expiration date of that agreement, or at any time subsequent
91 to its expiration date but prior to the effective date of any
92 new agreement. The effective date of a collective bargaining
93 agreement means the date of ratification by both parties, if the
94 agreement becomes effective immediately or retroactively; or its
95 actual effective date, if the agreement becomes effective after
96 its ratification date.
97 (5)(4) In defining a proposed bargaining unit, the
98 commission shall take into consideration:
99 (a) The principles of efficient administration of
100 government.
101 (b) The number of employee organizations with which the
102 employer might have to negotiate.
103 (c) The compatibility of the unit with the joint
104 responsibilities of the public employer and public employees to
105 represent the public.
106 (d) The power of the officials of government at the level
107 of the unit to agree, or make effective recommendations to
108 another administrative authority or to a legislative body, with
109 respect to matters of employment upon which the employee desires
110 to negotiate.
111 (e) The organizational structure of the public employer.
112 (f) Community of interest among the employees to be
113 included in the unit, considering:
114 1. The manner in which wages and other terms of employment
115 are determined.
116 2. The method by which jobs and salary classifications are
117 determined.
118 3. The interdependence of jobs and interchange of
119 employees.
120 4. The desires of the employees.
121 5. The history of employee relations within the
122 organization of the public employer concerning organization and
123 negotiation and the interest of the employees and the employer
124 in the continuation of a traditional, workable, and accepted
125 negotiation relationship.
126 (g) The statutory authority of the public employer to
127 administer a classification and pay plan.
128 (h) Such other factors and policies as the commission may
129 deem appropriate.
130
131 However, a bargaining no unit may not shall be established or
132 approved for purposes of collective bargaining which includes
133 both professional and nonprofessional employees unless a
134 majority of each group votes for inclusion in such bargaining
135 unit.
136 Section 12. Section 447.3076, Florida Statutes, is created
137 to read:
138 447.3076 Clarification of bargaining units.—
139 (1) A petition to clarify the composition of a bargaining
140 unit may be filed with the commission when significant changes
141 in statutory law or case law require clarification of the
142 bargaining unit or when a classification was:
143 (a) Created or substantially changed after the unit was
144 initially defined by the commission;
145 (b) Retitled with no substantial change in job duties; or
146 (c) Included or excluded through inadvertence or
147 misunderstanding by the commission.
148 (2) A bargaining unit clarification petition may be filed
149 by the bargaining agent for the bargaining unit or by the public
150 employer of the public employees in the unit.
151 (3) A copy of the petition must be served on the public
152 employer and any bargaining agent that is certified to represent
153 any employee or classification which may be substantially
154 affected by the proposed bargaining unit clarification.
155 (4) If any substantially affected employees are not
156 represented by a bargaining agent, the public employer must
157 provide a copy of the petition to those employees within 10 days
158 after the filing of the petition.
159 (5) When the clarification of a bargaining unit would
160 result in an increase in the size of the bargaining unit by more
161 than 25 percent, the unit clarification petition raises a
162 question concerning representation and must be dismissed.
163 Section 13. Section 447.308, Florida Statutes, is amended
164 to read:
165 447.308 Decertification Revocation of certification of
166 employee organizations organization.—
167 (1) A public Any employee or group of public employees
168 which no longer desires to be represented by a the certified
169 bargaining agent may file with the commission a petition to
170 decertify the bargaining agent revoke certification. The
171 petition must shall be accompanied by a showing of interest from
172 dated statements signed by at least 30 percent of the public
173 employees in the bargaining unit, indicating that such employees
174 no longer desire to be represented for purposes of collective
175 bargaining by the certified bargaining agent. The time of filing
176 said petition shall be governed by the provisions of s.
177 447.307(3)(d) relating to petitions for certification. The
178 showing of interest statements must be signed and dated by the
179 public employees not more than 12 months before the filing of
180 the petition. Any employee, employer, or employee organization
181 having sufficient reason to believe that the showing of interest
182 was any of the employee signatures were obtained by collusion,
183 coercion, intimidation, or misrepresentation or is are otherwise
184 invalid shall be given a reasonable opportunity to verify and
185 challenge the showing of interest signatures appearing on the
186 petition.
187 (2)(a) A decertification petition may not be filed
188 regarding the bargaining unit within 12 months after the date
189 the commission issues an order that verifies the results of a
190 certification, recertification, or decertification election
191 covering any of the public employees in the unit.
192 (b) If a valid collective bargaining agreement covering any
193 of the public employees in the bargaining unit is in effect, a
194 decertification petition may only be filed with the commission
195 at least 90 but not more than 150 days immediately preceding the
196 expiration date of the collective bargaining agreement, or at
197 any time after such agreement’s expiration date but before the
198 effective date of a new collective bargaining agreement. The
199 effective date of a collective bargaining agreement is the date
200 of ratification of such agreement by both parties if such
201 agreement becomes effective immediately or retroactively, or the
202 collective bargaining agreement’s actual effective date if such
203 agreement becomes effective after its ratification date.
204 (3) The commission or one of its designated agents shall
205 investigate the decertification petition to determine its
206 sufficiency. If the commission finds that the petition is to be
207 insufficient, the commission must it may dismiss the petition.
208 If the commission finds that the petition is sufficient, the
209 commission must it shall immediately:
210 (a) Identify the bargaining unit and determine which public
211 employees shall be qualified and entitled to vote in the
212 election held by the commission.
213 (b) Identify the public employer or employers of the
214 bargaining unit.
215 (c) Order an election by secret ballot, the cost of said
216 election to be borne equally by the parties, except as the
217 commission may provide by rule. An election conducted by mail
218 ballot must include, subject to appropriation, return envelopes
219 with prepaid postage affixed. The commission’s order assessing
220 costs of an election may be enforced pursuant to the provisions
221 of this part.
222 (4)(a) Except as provided in paragraph (b), elections are
223 determined as follows for all decertification petitions filed on
224 or after July 1, 2026:
225 1. If at least 50 percent of the public employees in the
226 bargaining unit as of the date set by the commission participate
227 in the election, and at least 50 percent of the public employees
228 voting in the election vote to decertify an employee
229 organization, the commission must revoke the bargaining agent’s
230 certification for that bargaining unit.
231 2. If decertification is not selected by at least 50
232 percent of the public employees voting in the election, and at
233 least 50 percent of the employees who are in the bargaining unit
234 as of the date set by the commission participate in the
235 election, the bargaining agent must retain its certification for
236 that bargaining unit.
237
238
239 ================= T I T L E A M E N D M E N T ================
240 And the title is amended as follows:
241 Delete lines 66 - 76
242 and insert:
243 organization; requiring the commission to conduct
244 elections by specified methods; specifying the
245 criteria by which the commission determines the method
246 and timing of elections; requiring the commission to
247 conduct election by mail if requested by one of the
248 parties; providing the timeframe for when an election
249 by mail must be conducted; requiring the commission to
250 provide notice of such election to certain parties
251 within a specified timeframe; requiring an election
252 conducted by mail ballot to include return envelopes
253 with prepaid postage affixed, subject to
254 appropriation; creating s. 447.3076, F.S.; providing
255 that a petition to clarify the composition of a
256 bargaining unit may be filed with the commission under
257 certain circumstances; requiring that a copy of the
258 petition be served on certain persons; requiring the
259 public employer to provide a copy of the petition to
260 certain affected employees within a specified
261 timeframe; requiring that a petition be dismissed
262 under certain circumstances; amending s. 447.308,
263 F.S.; revising requirements for the decertification of
264 an employee organization; requiring an election
265 conducted by mail ballot to include return envelopes
266 with prepaid postage affixed, subject to
267 appropriation; amending s. 447.309, F.S.;