Florida Senate - 2026 SB 1296
By Senator Martin
33-00713A-26 20261296__
1 A bill to be entitled
2 An act relating to the Public Employees Relations
3 Commission; amending s. 110.227, F.S.; conforming
4 final order requirements to ch. 120, F.S.; deleting a
5 provision requiring exceptions to a recommended order
6 to be filed within a specified timeframe; amending s.
7 112.0455, F.S.; conforming final order requirements to
8 ch. 120, F.S.; revising the timeframe in which an
9 appeal hearing must be conducted; amending s. 120.80,
10 F.S.; providing applicability; amending s. 295.14,
11 F.S.; conforming final order requirements to ch. 120,
12 F.S.; reordering and amending s. 447.203, F.S.;
13 revising and defining terms; amending s. 447.205,
14 F.S.; revising the seal of the Public Employees
15 Relations Commission; amending s. 447.207, F.S.;
16 providing construction relating to the rulemaking
17 authority of the commission; authorizing subpoenas to
18 be served by certified mail, return receipt requested,
19 or by personal service; revising requirements for
20 proof of service; deleting the requirement that the
21 commission adopt rules for the qualifications of
22 persons who may serve as mediators; authorizing the
23 commission, under certain circumstances, to waive the
24 application of any provision of part II of ch. 447,
25 F.S., rather than only specified provisions; amending
26 s. 447.301, F.S.; revising requirements for an
27 employee organization membership authorization form;
28 requiring an employee organization, within a specified
29 timeframe, to revoke the membership of and cease the
30 collection of membership dues from a public employee;
31 amending s. 447.303, F.S.; conforming provisions to
32 changes made by the act; amending s. 447.305, F.S.;
33 revising application requirements for employee
34 organization registration and renewal of registration;
35 requiring an employee organization to provide an
36 application for renewal of registration to certain
37 persons within a specified timeframe; requiring a
38 bargaining agent to provide missing application
39 information to the commission within a specified
40 timeframe; requiring the commission to dismiss an
41 application for renewal of registration under certain
42 circumstances; requiring the commission to notify the
43 bargaining agent when such application information is
44 complete; requiring the bargaining agent to petition
45 for recertification within a specified timeframe
46 thereafter; requiring the commission or one of its
47 designated agents to conduct an investigation if a
48 challenge to an application for renewal of
49 registration is filed; authorizing a designated agent
50 of the commission to conduct an investigation to
51 confirm validity of submitted information; exempting
52 certain employee organizations from a specified
53 requirement; requiring a registration fee for
54 applications for registration and renewal of
55 registration; requiring certain employee organization
56 accounts to be open for inspection by the commission
57 and certain public employees at a reasonable time and
58 place; providing for the revocation of an employee
59 organization’s certification under certain
60 circumstances; providing that certain decisions issued
61 by the commission are final agency actions; amending
62 s. 447.307, F.S.; revising requirements for the
63 certification and recertification of an employee
64 organization; creating s. 447.3076, F.S.; providing
65 that a petition to clarify the composition of a
66 bargaining unit may be filed with the commission under
67 certain circumstances; requiring that a copy of the
68 petition be served on certain persons; requiring the
69 public employer to provide a copy of the petition to
70 certain affected employees within a specified
71 timeframe; requiring a petition to be dismissed under
72 certain circumstances; amending s. 447.308, F.S.;
73 revising requirements for the decertification of an
74 employee organization; amending s. 447.309, F.S.;
75 deleting provisions relating to conflicts between any
76 collective bargaining agreement provision and certain
77 laws, ordinances, rules, or regulations; requiring
78 certain agreements to be returned to the bargaining
79 agent, rather than the employee organization;
80 requiring collective bargaining agreements to contain
81 specified terms and conditions; amending s. 447.401,
82 F.S.; conforming provisions to changes made by the
83 act; amending s. 447.403, F.S.; specifying
84 requirements for when an impasse occurs; requiring a
85 hearing within a specified timeframe; authorizing the
86 recommended decision of a special magistrate from an
87 impasse hearing to be transmitted by any method of
88 service that establishes proof of delivery; amending
89 s. 447.405, F.S.; conforming provisions to changes
90 made by the act; amending s. 447.4095, F.S.; providing
91 that salary increases appropriated by the Legislature
92 are considered a financial urgency; providing meeting
93 and dispute requirements; prohibiting unfair labor
94 charges to be filed during specified time periods;
95 providing applicability; amending s. 447.501, F.S.;
96 requiring a public employer to provide to all employee
97 organizations or petitioning employees equal access to
98 the employer’s facilities and communication systems
99 for a specified time period; amending s. 447.503,
100 F.S.; authorizing certain public employers, public
101 employees, and employee organizations, or combinations
102 thereof, to file certain charges with the commission;
103 amending s. 447.507, F.S.; increasing fines for
104 certain violations; amending s. 447.509, F.S.;
105 prohibiting public employers, their agents or
106 representatives, and any persons acting on their
107 behalf from taking certain actions; authorizing
108 certain actions by public employees under certain
109 circumstances; providing applicability; amending ss.
110 110.114, 110.205, 112.3187, 121.031, 447.02, 447.609,
111 and 1011.60, F.S.; conforming cross-references and
112 provisions to changes made by the act; providing an
113 effective date.
114
115 Be It Enacted by the Legislature of the State of Florida:
116
117 Section 1. Paragraph (d) of subsection (6) of section
118 110.227, Florida Statutes, is amended to read:
119 110.227 Suspensions, dismissals, reductions in pay,
120 demotions, layoffs, transfers, and grievances.—
121 (6) The following procedures shall apply to appeals filed
122 pursuant to subsection (5) with the Public Employees Relations
123 Commission, hereinafter referred to as the commission:
124 (d) A recommended order must shall be issued by the hearing
125 officer within 30 days after following the hearing. Exceptions
126 to the recommended order shall be filed within 15 days after the
127 recommended order is issued. The final order must be issued
128 shall be filed by the commission in accordance with ss. 120.569
129 and 120.57 no later than 45 calendar days after the hearing or
130 after the filing of exceptions or oral arguments if granted.
131 Section 2. Paragraph (a) of subsection (14) of section
132 112.0455, Florida Statutes, is amended to read:
133 112.0455 Drug-Free Workplace Act.—
134 (14) DISCIPLINE REMEDIES.—
135 (a) An executive branch employee who is disciplined or who
136 is a job applicant for another position and is not hired
137 pursuant to this section, may file an appeal with the Public
138 Employees Relations Commission. Any appeal must be filed within
139 30 calendar days after of receipt by the employee or job
140 applicant of notice of discipline or refusal to hire. The notice
141 shall inform the employee or job applicant of the right to file
142 an appeal, or if available, the right to file a collective
143 bargaining grievance pursuant to s. 447.401. Such appeals shall
144 be resolved pursuant to the procedures established in ss.
145 447.207(1)-(4), 447.208(2), and 447.503(4) and (5). A hearing on
146 the appeal shall be conducted within 60 30 days after of the
147 filing of the appeal, unless an extension is requested by the
148 employee or job applicant and granted by the commission or an
149 arbitrator. The final order must be issued by the commission in
150 accordance with ss. 120.569 and 120.57.
151 Section 3. Paragraph (c) is added to subsection (12) of
152 section 120.80, Florida Statutes, to read:
153 120.80 Exceptions and special requirements; agencies.—
154 (12) PUBLIC EMPLOYEES RELATIONS COMMISSION.—
155 (c) Section 120.60 does not apply to registration of
156 employee organizations under s. 447.305.
157 Section 4. Subsection (1) of section 295.14, Florida
158 Statutes, is amended to read:
159 295.14 Penalties.—
160 (1) When the Public Employees Relations Commission, after a
161 hearing on notice conducted according to rules adopted by the
162 commission, determines that a violation of s. 295.07, s. 295.08,
163 s. 295.085, or s. 295.09(1)(a) or (b) has occurred and sustains
164 the veteran seeking redress, the commission shall order the
165 offending agency, employee, or officer of the state to comply
166 with the provisions of s. 295.07, s. 295.08, s. 295.085, or s.
167 295.09(1)(a) or (b); and, in the event of a violation of s.
168 295.07, s. 295.08, s. 295.085, or s. 295.09(1)(a) or (b), the
169 commission may issue an order to compensate the veteran for the
170 loss of any wages and reasonable attorney attorney’s fees for
171 actual hours worked, and costs of all work, including
172 litigation, incurred as a result of such violation, which order
173 shall be conclusive on the agency, employee, or officer
174 concerned. The attorney attorney’s fees and costs may not exceed
175 $10,000. The final order must be issued by action of the
176 commission in accordance with ss. 120.569 and 120.57 shall be in
177 writing and shall be served on the parties concerned by
178 certified mail with return receipt requested.
179 Section 5. Section 447.203, Florida Statutes, is reordered
180 and amended to read:
181 447.203 Definitions.—As used in this part:
182 (6)(1) “Commission” means the Public Employees Relations
183 Commission created by s. 447.205.
184 (17)(2) “Public employer” or “employer” means the state or
185 any county, municipality, or special district or any subdivision
186 or agency thereof which the commission determines has sufficient
187 legal distinctiveness properly to carry out the functions of a
188 public employer. With respect to all public employees determined
189 by the commission as properly belonging to a statewide
190 bargaining unit composed of State Career Service System
191 employees or Selected Professional Service employees, the
192 Governor is deemed to be the public employer; and the Board of
193 Governors of the State University System, or the board’s
194 designee, is deemed to be the public employer with respect to
195 all public employees of each constituent state university. The
196 board of trustees of a community college is deemed to be the
197 public employer with respect to all employees of the community
198 college. The district school board is deemed to be the public
199 employer with respect to all employees of the school district.
200 The Board of Trustees of the Florida School for the Deaf and the
201 Blind is deemed to be the public employer with respect to the
202 academic and academic administrative personnel of the Florida
203 School for the Deaf and the Blind. The Governor is deemed to be
204 the public employer with respect to all employees in the
205 Correctional Education Program of the Department of Corrections
206 established pursuant to s. 944.801.
207 (16)(3) “Public employee” means any person employed by a
208 public employer except:
209 (a) Those persons appointed by the Governor or elected by
210 the people, agency heads, and members of boards and commissions.
211 (b) Those persons holding positions by appointment or
212 employment in the organized militia.
213 (c) Those individuals acting as negotiating representatives
214 for employer authorities.
215 (d) Those persons who are designated by the commission as
216 managerial or confidential employees pursuant to criteria
217 contained herein.
218 (e) Those persons holding positions of employment with the
219 Florida Legislature.
220 (f) Those persons who have been convicted of a crime and
221 are inmates confined to institutions within the state.
222 (g) Those persons appointed to inspection positions in
223 federal/state fruit and vegetable inspection service whose
224 conditions of appointment are affected by the following:
225 1. Federal license requirement.
226 2. Federal autonomy regarding investigation and
227 disciplining of appointees.
228 3. Frequent transfers due to harvesting conditions.
229 (h) Those persons employed by the Public Employees
230 Relations Commission.
231 (i) Those persons enrolled as undergraduate students in a
232 state university who perform part-time work for the state
233 university.
234 (12)(4) “Managerial employees” means are those employees
235 who:
236 (a) Perform jobs that are not of a routine, clerical, or
237 ministerial nature and require the exercise of independent
238 judgment in the performance of such jobs and to whom one or more
239 of the following applies:
240 1. They formulate or assist in formulating policies which
241 are applicable to bargaining unit employees.
242 2. They may reasonably be required on behalf of the
243 employer to assist in the preparation for the conduct of
244 collective bargaining negotiations.
245 3. They have a role in the administration of agreements
246 resulting from collective bargaining negotiations.
247 4. They have a significant role in personnel
248 administration.
249 5. They have a significant role in employee relations.
250 6. They are included in the definition of administrative
251 personnel contained in s. 1012.01(3).
252 7. They have a significant role in the preparation or
253 administration of budgets for any public agency or institution
254 or subdivision thereof.
255 (b) Serve as police chiefs, fire chiefs, or directors of
256 public safety of any police, fire, or public safety department.
257 Other police officers, as defined in s. 943.10(1), and
258 firefighters, as defined in s. 633.102, may be determined by the
259 commission to be managerial employees of such departments. In
260 making such determinations, the commission shall consider, in
261 addition to the criteria established in paragraph (a), the
262 paramilitary organizational structure of the department
263 involved.
264
265 However, in determining whether an individual is a managerial
266 employee pursuant to paragraph (a) or paragraph (b), above, the
267 commission may consider historic relationships of the employee
268 to the public employer and to coemployees.
269 (7)(5) “Confidential employees” means are persons who act
270 in a confidential capacity to assist or aid managerial employees
271 as defined in subsection (12) (4).
272 (21)(6) “Strike” means the concerted failure of employees
273 to report for duty; the concerted absence of employees from
274 their positions; the concerted stoppage of work by employees;
275 the concerted submission of resignations by employees; the
276 concerted abstinence in whole or in part by any group of
277 employees from the full and faithful performance of the duties
278 of employment with a public employer for the purpose of
279 inducing, influencing, condoning, or coercing a change in the
280 terms and conditions of employment or the rights, privileges, or
281 obligations of public employment, or participating in a
282 deliberate and concerted course of conduct which adversely
283 affects the services of the public employer; the concerted
284 failure of employees to report for work after the expiration of
285 a collective bargaining agreement; and picketing in furtherance
286 of a work stoppage. The term includes “strike” shall also mean
287 any overt preparation, including, but not limited to, the
288 establishment of strike funds with regard to the above-listed
289 activities listed in this subsection.
290 (22)(7) “Strike funds” means are any appropriations by an
291 employee organization which are established to directly or
292 indirectly aid any employee or employee organization to
293 participate in a strike in the state.
294 (2)(8) “Bargaining unit” means either that unit determined
295 by the commission, that unit determined through local
296 regulations adopted promulgated pursuant to s. 447.603, or that
297 unit determined by the public employer and the public employee
298 organization and approved by the commission to be appropriate
299 for the purposes of collective bargaining. However, no
300 bargaining unit shall be defined as appropriate which includes
301 employees of two employers that are not departments or divisions
302 of the state, a county, a municipality, or other political
303 entity.
304 (3)(9) “Chief executive officer” for the state means shall
305 mean the Governor and for other public employers means shall
306 mean the person, whether elected or appointed, who is
307 responsible to the legislative body of the public employer for
308 the administration of the governmental affairs of the public
309 employer.
310 (11)(10) “Legislative body” means the State Legislature,
311 the board of county commissioners, the district school board,
312 the governing body of a municipality, or the governing body of
313 an instrumentality or unit of government having authority to
314 appropriate funds and establish policy governing the terms and
315 conditions of employment and which, as the case may be, is the
316 appropriate legislative body for the bargaining unit. For
317 purposes of s. 447.403, the Board of Governors of the State
318 University System, or the board’s designee, shall be deemed to
319 be the legislative body with respect to all employees of each
320 constituent state university. For purposes of s. 447.403, the
321 board of trustees of a community college shall be deemed to be
322 the legislative body with respect to all employees of the
323 community college.
324 (8)(11) “Employee organization” or “organization” means any
325 labor organization, union, association, fraternal order,
326 occupational or professional society, or group, however
327 organized or constituted, which represents, or seeks to
328 represent, any public employee or group of public employees
329 concerning any matters relating to their employment relationship
330 with a public employer.
331 (9) “Employee organization activities” means activities
332 undertaken at the direction of, on behalf of, or to advance the
333 purposes of an employee organization or any parent organization
334 or affiliate of the employee organization by doing any of the
335 following:
336 (a) Supporting or opposing a candidate for federal, state,
337 or local public office.
338 (b) Influencing the passage or defeat of any federal or
339 state legislation or regulation, local ordinance or resolution,
340 or ballot measure.
341 (c) Promoting or soliciting membership or participation in,
342 or financial support of, an employee organization or any parent
343 organization or affiliate of the employee organization.
344 (d) Seeking certification as a bargaining agent.
345 (e) Participating in the administration, business, or
346 internal governance of an employee organization or any parent
347 organization or affiliate of the employee organization.
348 (f) Preparing, conducting, or attending employee
349 organization events, conferences, conventions, meetings, or
350 trainings, unless such training is directly related to the
351 performance of a public employee’s job duties.
352 (g) Distributing communications of an employee organization
353 or any parent organization or affiliate of the employee
354 organization.
355 (h) Representing or speaking on behalf of an employee
356 organization or any parent organization or affiliate of the
357 employee organization in any setting, venue, or procedure in
358 which the public employer is not a participant.
359 (i) Preparing, filing, or pursuing unfair labor practice
360 charges or grievances.
361 (j) Representing public employees in investigatory
362 interviews; disciplinary proceedings or appeals, including
363 termination; or other administrative or legal proceedings.
364 (k) Engaging in collective bargaining and any related
365 mediation, factfinding, or arbitration.
366 (l) Administering a collective bargaining agreement.
367 (m) Participating in labor-management committees.
368 (1)(12) “Bargaining agent” means the employee organization
369 that which has been certified by the commission as representing
370 the employees in the bargaining unit, as provided in s. 447.307,
371 or its representative.
372 (13) “Membership dues” means employee organization dues;
373 uniform assessments; fees, including initiation fees; or
374 voluntary contributions paid in exchange for membership in an
375 employee organization or as a member of the employee
376 organization.
377 (15)(13) “Professional employee” means:
378 (a) Any employee engaged in work in any two or more of the
379 following categories:
380 1. Work predominantly intellectual and varied in character
381 as opposed to routine mental, manual, mechanical, or physical
382 work.;
383 2. Work involving the consistent exercise of discretion and
384 judgment in its performance.;
385 3. Work of such a character that the output produced or the
386 result accomplished cannot be standardized in relation to a
387 given period of time.; and
388 4. Work requiring advanced knowledge in a field of science
389 or learning customarily acquired by a prolonged course of
390 specialized intellectual instruction and study in an institution
391 of higher learning or a hospital, as distinguished from a
392 general academic education, an apprenticeship, or training in
393 the performance of routine mental or physical processes.
394 (b) Any employee who:
395 1. Has completed the course of specialized intellectual
396 instruction and study described in subparagraph (a)4. 4. of
397 paragraph (a); and
398 2. Is performing related work under supervision of a
399 professional person to qualify to become a professional employee
400 as defined in paragraph (a).
401 (5)(14) “Collective bargaining” means the performance of
402 the mutual obligations of the public employer and the bargaining
403 agent of the employee organization to meet at reasonable times,
404 to negotiate in good faith, and to execute a written contract
405 with respect to agreements reached concerning the terms and
406 conditions of employment, except that neither party shall be
407 compelled to agree to a proposal or be required to make a
408 concession unless otherwise provided in this part.
409 (14)(15) “Membership dues deduction” means the practice by
410 of a public employer of deducting membership dues and uniform
411 assessments from the salary or wages of a public employee and.
412 Such term also means the practice of a public employer of
413 transmitting the sums so deducted to an such employee
414 organization on behalf of the public employee.
415 (4)(16) “Civil service” means any career, civil, or merit
416 system used by any public employer.
417 (10)(17) “Good faith bargaining” means shall mean, but is
418 not be limited to, the willingness of both parties to meet at
419 reasonable times and places, as mutually agreed upon, in order
420 to discuss issues that which are proper subjects of bargaining,
421 with the intent of reaching a common accord. The term includes
422 It shall include an obligation for both parties to participate
423 actively in the negotiations with an open mind and a sincere
424 desire, as well as making a sincere effort, to resolve
425 differences and come to an agreement. In determining whether a
426 party failed to bargain in good faith, the commission shall
427 consider the total conduct of the parties during negotiations as
428 well as the specific incidents of alleged bad faith. Incidents
429 indicative of bad faith shall include, but not be limited to,
430 the following occurrences:
431 (a) Failure to meet at reasonable times and places with
432 representatives of the other party for the purpose of
433 negotiations.
434 (b) Placing unreasonable restrictions on the other party as
435 a prerequisite to meeting.
436 (c) Failure to discuss proper subjects of bargaining
437 bargainable issues.
438 (d) Refusing, upon reasonable written request, to provide
439 public information, excluding work products as defined in s.
440 447.605.
441 (e) Refusing to negotiate because of an unwanted person on
442 the opposing negotiating team.
443 (f) Negotiating directly with employees rather than with
444 their certified bargaining agent.
445 (g) Refusing to reduce a total agreement to writing.
446 (18) “Public safety unit” means a bargaining unit in which
447 the majority of the public employees are employed as a law
448 enforcement officer, correctional officer, or correctional
449 probation officer, as those terms are defined in s. 943.10(1),
450 (2), or (3), respectively; a firefighter as defined in s.
451 633.102(9); a 911 public safety telecommunicator as defined in
452 s. 401.465(1); or an emergency medical technician or a
453 paramedic, as those terms are defined in s. 401.23.
454 (19) “Representational employee organization activities”
455 means those activities specified in paragraphs (9)(i)-(m).
456 (20) “Showing of interest” means written statements signed
457 and dated by public employees in a proposed or existing
458 bargaining unit indicating the desire of the public employees
459 either to be represented by the employee organization for
460 purposes of collective bargaining or to no longer be represented
461 by the bargaining agent for purposes of collective bargaining.
462 (23)(18) “Student representative” means the representative
463 selected by each community college or university student
464 government association. Each representative may be present at
465 all negotiating sessions that take place between the appropriate
466 public employer and a an exclusive bargaining agent. The
467 representative must be enrolled as a student with at least 8
468 credit hours in the respective community college or university
469 during his or her term as student representative.
470 Section 6. Subsection (8) of section 447.205, Florida
471 Statutes, is amended to read:
472 447.205 Public Employees Relations Commission.—
473 (8) The commission shall have a seal for authentication of
474 its orders and proceedings, upon which shall be inscribed the
475 words “State of Florida-Public Employees Relations Commission”
476 “State of Florida—Employees Relations Commission—and which shall
477 be judicially noticed.
478 Section 7. Subsections (1), (4), (5), (6), and (12) of
479 section 447.207, Florida Statutes, are amended to read:
480 447.207 Commission; powers and duties.—
481 (1) The commission shall, in accordance with chapter 120,
482 adopt, promulgate, amend, or rescind such rules and regulations
483 as it deems necessary and administratively feasible to carry out
484 the provisions of this part. Any additional grants of rulemaking
485 authority contained in this part do not limit the grant of
486 rulemaking authority in this section.
487 (4) Any subpoena, notice of hearing, or other process or
488 notice of the commission issued under the provisions of this
489 part must either shall be served personally or by certified
490 mail, return receipt requested, or be served personally by any
491 person specified by law to serve process or by any person who is
492 not a party and who is 18 years of age or older. When certified
493 mail is used, a returned post office receipt constitutes proof
494 of service. When personal service is used, if the subpoena is
495 not served by a person specified by law to serve process, an
496 affidavit of the person making service constitutes proof of
497 service. A return made and verified by the individual making
498 such service and setting forth the manner of such service is
499 proof of service, and a returned post office receipt, when
500 certified mail is used, is proof of service. All process of any
501 court to which application may be made under the provisions of
502 this part shall be served in the county wherein the persons
503 required to be served reside or may be found.
504 (5) The commission shall adopt rules as to the
505 qualifications of persons who may serve as mediators and special
506 magistrates and shall maintain a list lists of such qualified
507 persons who are not employees of the commission. The commission
508 may initiate dispute resolution procedures by special
509 magistrates, pursuant to the provisions of this part.
510 (6) Pursuant to its established procedures, the commission
511 shall resolve questions and controversies concerning claims for
512 recognition as the bargaining agent for a bargaining unit,
513 determine or approve units appropriate for purposes of
514 collective bargaining, expeditiously process charges of unfair
515 labor practices and violations of s. 447.505 by public
516 employees, and resolve such other questions and controversies as
517 it may be authorized herein to undertake. The petitioner,
518 charging party, respondent, and any intervenors shall be the
519 adversary parties before the commission in any adjudicatory
520 proceeding conducted pursuant to this part. Any commission
521 statement of general applicability that implements, interprets,
522 or prescribes law or policy, made in the course of adjudicating
523 a case pursuant to s. 447.307 or s. 447.503 shall not constitute
524 a rule within the meaning of s. 120.52.
525 (12) Upon a petition by a public employer after it has been
526 notified by the Department of Labor that the public employer’s
527 protective arrangement covering mass transit employees does not
528 meet the requirements of 49 U.S.C. s. 5333(b) and would
529 jeopardize the public employer’s continued eligibility to
530 receive Federal Transit Administration funding, the commission
531 may waive the application of this part, but only to the extent
532 necessary for the public employer to comply with the
533 requirements of 49 U.S.C. s. 5333(b), any of the following for
534 an employee organization that has been certified as a bargaining
535 agent to represent mass transit employees:
536 (a) The prohibition on dues and assessment deductions
537 provided in s. 447.303(1) as it applies to a mass transit
538 employee who has provided a copy of his or her membership
539 authorization form to the employer as part of the authorization
540 of dues deduction under a waiver.
541 (b) The requirement to petition the commission for
542 recertification.
543 (c) The revocation of certification provided in s.
544 447.305(6) and (7).
545 Section 8. Paragraph (b) of subsection (1) and subsection
546 (2) of section 447.301, Florida Statutes, are amended to read:
547 447.301 Public employees’ rights; organization and
548 representation.—
549 (1)
550 (b)1. A public employee who desires to be a member of an
551 employee organization must sign and date a membership
552 authorization form, as prescribed by the commission, and submit
553 the executed form to the bargaining agent.
554 2. The membership authorization form must identify the name
555 of the bargaining agent; the name of the employee; the class
556 code and class title of the employee; the name of the public
557 employer and employing agency, if applicable; the amount of the
558 membership initiation fee and of the monthly dues which the
559 public employee member must pay; and the names name and amounts
560 total amount of salary, allowances, and other direct or indirect
561 disbursements, including reimbursements, paid to each of the
562 five highest compensated officers and employees of the employee
563 organization disclosed under s. 447.305(2)(d) for the officers
564 and employees receiving the five highest total dollar amounts.
565 3. The membership authorization form must contain the
566 following statement in 14-point type:
567
568 As a public employee in the State of Florida, is a right-to-work
569 state. membership or nonmembership non-membership in a labor
570 union is not required as a condition of employment., and Union
571 membership and payment of membership union dues and assessments
572 are voluntary. A public employee’s Each person has the right to
573 join and pay membership dues to a labor union or to refrain from
574 joining and paying membership dues to a labor union is protected
575 by both Florida’s right-to-work law and the First Amendment of
576 the United States Constitution. A public employer may not
577 discriminate against a public No employee may be discriminated
578 against in any manner for joining and financially supporting, a
579 labor union or for refusing to join and or financially support,
580 a labor union.
581
582 4. A public employee may revoke membership in the employee
583 organization at any time of the year. Within 30 days after Upon
584 receipt of the public employee’s written revocation of
585 membership, the employee organization must revoke the a public
586 employee’s membership and cease collection of membership dues
587 for such public employee. The employee organization may not
588 limit a public an employee’s right to revoke membership to
589 certain dates. If a public employee must complete a form to
590 revoke membership in the employee organization, the form may not
591 require a reason for the public employee’s decision to revoke
592 his or her membership.
593 5. An employee organization must retain for inspection by
594 the commission such membership authorization forms and any
595 revocations.
596 6. This paragraph does not apply to public employees in
597 public safety units members of a bargaining unit the majority of
598 whose employees eligible for representation are employed as law
599 enforcement officers, correctional officers, or correctional
600 probation officers as those terms are defined in s. 943.10(1),
601 (2), or (3), respectively; firefighters as defined in s.
602 633.102; 911 public safety telecommunicators as defined in s.
603 401.465(1)(a); or emergency medical technicians or paramedics as
604 defined in s. 401.23.
605 7. The commission may adopt rules to implement this
606 paragraph.
607 (2) Public employees shall have the right to be represented
608 by any employee organization of their own choosing and to
609 negotiate collectively, through a certified bargaining agent,
610 with their public employer in the determination of the terms and
611 conditions of their employment. Public employees shall have the
612 right to be represented in the determination of grievances on
613 all terms and conditions of their employment. Public employees
614 shall have the right to refrain from exercising the right to be
615 represented.
616 Section 9. Subsections (1) and (2) of section 447.303,
617 Florida Statutes, are amended to read:
618 447.303 Membership dues; deduction and collection.—
619 (1) Except as authorized in subsection (2) or subject to a
620 waiver of the prohibition on membership dues deduction granted
621 pursuant to s. 447.207(12), a public employer may not engage in
622 membership dues deduction on behalf of s. 447.207(12)(a), an
623 employee organization that has been certified as a bargaining
624 agent may not have its dues and uniform assessments deducted and
625 collected by the employer from the salaries of those employees
626 in the unit. A public employee may pay dues and uniform
627 assessments directly to the employee organization that has been
628 certified as the bargaining agent.
629 (2)(a) Upon the written authorization of a public employee
630 in a public safety unit, the public employer must engage in
631 membership dues deduction for such public employee. A public
632 employee may revoke his or her authorization for membership dues
633 deduction upon providing 30 days’ written notice to the public
634 employer and bargaining agent An employee organization that has
635 been certified as a bargaining agent to represent a bargaining
636 unit the majority of whose employees eligible for representation
637 are employed as law enforcement officers, correctional officers,
638 or correctional probation officers as those terms are defined in
639 s. 943.10(1), (2), or (3), respectively; firefighters as defined
640 in s. 633.102; 911 public safety telecommunicators as defined in
641 s. 401.465(1)(a); or emergency medical technicians or paramedics
642 as defined in s. 401.23 has the right to have its dues and
643 uniform assessments for that bargaining unit deducted and
644 collected by the employer from the salaries of those employees
645 who authorize the deduction and collection of said dues and
646 uniform assessments. However, such authorization is revocable at
647 the employee’s request upon 30 days’ written notice to the
648 employer and employee organization. Said deductions shall
649 commence upon the bargaining agent’s written request to the
650 employer.
651 (b) Reasonable costs to the public employer of engaging in
652 membership dues said deductions is a proper subject of
653 collective bargaining.
654 (c) The requirement to engage in membership dues deductions
655 Such right to deduction, unless revoked under s. 447.507, is in
656 force as for so long as the employee organization remains the
657 certified bargaining agent remains certified to represent for
658 the public employees in the bargaining unit.
659 Section 10. Section 447.305, Florida Statutes, is amended
660 to read:
661 447.305 Registration of employee organizations
662 organization.—
663 (1) Every employee organization seeking to become a
664 certified bargaining agent for public employees shall register
665 with the commission before pursuant to the procedures set forth
666 in s. 120.60 prior to requesting recognition by a public
667 employer for purposes of collective bargaining and prior to
668 submitting a certification, recertification, or unit
669 clarification petition to the commission requesting
670 certification as an exclusive bargaining agent. Further, If an
671 such employee organization is not registered, it may not
672 participate in a certification, recertification, or unit
673 clarification representation hearing;, participate in a
674 certification or recertification representation election;, or be
675 certified as a an exclusive bargaining agent. The application
676 for registration required by this section must shall be under
677 oath, and in such form as the commission may prescribe, and
678 shall include all of the following:
679 (a) The name and address of the organization and of any
680 parent organization or affiliate of the employee organization
681 with which it is affiliated.
682 (b) The names and addresses of the principal officers and
683 all representatives of the organization.
684 (c) The amount of the initiation fee and the amount and
685 collection frequency of the membership dues and uniform
686 assessments that a member of the organization must pay.
687 (d) The current annual financial statement of the
688 organization, prepared by an independent certified public
689 accountant licensed under chapter 473.
690 (e) The name of its business agent, if any; if different
691 from the business agent, the name of its local agent for service
692 of process; and the addresses where such person or persons can
693 be reached.
694 (f) A pledge, in a form prescribed by the commission, that
695 the employee organization will conform to the laws of this the
696 state and that it will accept members without regard to age,
697 race, sex, religion, or national origin.
698 (g) A copy of the current constitution and bylaws of the
699 employee organization.
700 (h) A copy of the current constitution and bylaws of the
701 state and national groups with which the employee organization
702 is affiliated or associated. In lieu of this provision, and upon
703 adoption of a rule by the commission, a state or national
704 affiliate or parent organization of any registering employee
705 labor organization may annually submit a copy of its current
706 constitution and bylaws.
707 (2) A registration granted to an employee organization
708 pursuant to this section runs for 1 year after from the date of
709 issuance. A registration must be renewed annually by filing an
710 application for renewal under oath with the commission, which
711 application must reflect any changes in the information provided
712 to the commission in conjunction with the employee
713 organization’s preceding application for registration or
714 previous renewal, whichever is applicable. Each application for
715 renewal of registration must include a current annual financial
716 statement, prepared by an independent certified public
717 accountant licensed under chapter 473 and signed by the employee
718 organization’s president and treasurer or corresponding
719 principal officers, containing the following information in such
720 detail as may be necessary to accurately to disclose its
721 financial condition and operations for its preceding fiscal year
722 and in all of the following such categories as prescribed by the
723 commission may prescribe:
724 (a) Assets and liabilities at the beginning and end of the
725 fiscal year.;
726 (b) Receipts of any kind and the sources thereof.;
727 (c) Disbursements by category.;
728 (d) Salary, wages, fringe benefits, allowances, and other
729 direct or indirect disbursements, including reimbursed expenses,
730 paid or accruing to each of its officers officer and also to
731 each of its employees employee who, during such fiscal year,
732 received more than $10,000 in the aggregate from such employee
733 organization and any parent organization of the other employee
734 organization or any affiliate of either the employee
735 organization or the parent organization. This paragraph requires
736 reporting of any reimbursements paid by the employee
737 organization to a public employer for moneys paid by the public
738 employer to the employee organization’s officers or employees.
739 affiliated with it or with which it is affiliated or which is
740 affiliated with the same national or international employee
741 organization;
742 (e) Direct and indirect loans made to any of its officers
743 officer, employees employee, or members member which aggregated
744 more than $250 during the fiscal year, together with a statement
745 of the purpose, security, if any, and arrangements for
746 repayment.; and
747 (f) Direct and indirect loans to any business enterprise,
748 together with a statement of the purpose, security, if any, and
749 arrangements for repayment.
750 (g) The amount of membership dues retained by or
751 distributed to the employee organization, any parent
752 organization of the employee organization, and any affiliate of
753 either the employee organization or the parent organization.
754 (3) As part of its application for renewal of registration,
755 a In addition to subsection (2), an employee organization that
756 has been certified as the bargaining agent for public employees
757 must include all of for each such certified bargaining unit the
758 following additional information and verification documentation
759 as of the 30th day immediately preceding the date upon which its
760 current registration is scheduled to end for any renewal of
761 registration on or after October 1, 2023:
762 (a) For each bargaining unit for which the bargaining agent
763 is certified, the certification number assigned to the
764 bargaining unit by the commission.
765 (b)(a) For each certification, the number of public
766 employees in the bargaining unit who are eligible for
767 representation by the employee organization.
768 (c) For each certification, the number of public employees
769 in the bargaining unit who paid full membership dues sufficient
770 to maintain membership in good standing in the bargaining agent.
771 (d)(b) For each certification, the number of public
772 employees in the bargaining unit who have submitted signed
773 membership authorization forms without a subsequent revocation
774 of such membership.
775 (c) The number of employees in the bargaining unit who paid
776 dues to the employee organization.
777 (d) The number of employees in the bargaining unit who did
778 not pay dues to the employee organization.
779 (e) Verification Documentation provided by an independent
780 certified public accountant of retained by the employee
781 organization which verifies the information provided in
782 paragraphs (b), (c), and (d) (a)-(d).
783 (4) Within 30 days after filing an application for renewal
784 of registration with the commission, the employee organization
785 must provide a copy of its application for renewal of
786 registration relating to a public employer’s employees to the
787 public employer and public employees of each bargaining unit for
788 which the employee organization is the bargaining agent on the
789 same day the application is submitted to the commission.
790 (5) An application for renewal of registration is
791 incomplete and is not eligible for consideration by The
792 commission must notify the bargaining agent if it does not
793 include all of the information or verification and documentation
794 required in subsection (3) is incomplete. The bargaining agent
795 must provide the missing information or verification to the
796 commission within 30 days after such notification. If the
797 bargaining agent fails to provide the missing information or
798 verification within 30 days after notification, the commission
799 must dismiss the application The commission shall notify the
800 employee organization if the application is incomplete. An
801 incomplete application must be dismissed if the required
802 information and documentation are not provided within 10 days
803 after the employee organization receives such notice.
804 (6) The commission must notify the bargaining agent when
805 the information and verification required in subsection (3) is
806 complete. Within 30 days after such notification, the bargaining
807 agent must petition for recertification pursuant to s. 447.307
808 for each of its bargaining units Notwithstanding the provisions
809 of this chapter relating to collective bargaining, an employee
810 organization certified as a bargaining agent to represent a
811 bargaining unit for which less than 60 percent of the public
812 unit employees in the bargaining unit have submitted membership
813 authorization forms without subsequent revocation and paid
814 membership dues to the organization, as reported under
815 subsection (3) during its last registration period must petition
816 the commission pursuant to s. 447.307(2) and (3) for
817 recertification as the exclusive representative of all employees
818 in the bargaining unit within 30 days after the date on which
819 the employee organization applies for renewal of registration
820 pursuant to subsection (2). The certification of an employee
821 organization that does not comply with this section is revoked.
822 (7) If a The public employer or a public employee of a
823 bargaining unit represented by a bargaining agent believes that
824 the bargaining agent’s employee may challenge an employee
825 organization’s application for renewal of registration is
826 materially inaccurate, if the public employer or public
827 bargaining unit employee may challenge believes that the
828 application as materially is inaccurate during the pendency of
829 the application or, if the registration renewal has been
830 granted, before the date upon which the bargaining agent’s
831 current registration is scheduled to end. If a challenge is
832 filed, the commission or one of its designated agents must
833 conduct an investigation pursuant to subsection (8) shall review
834 the application to determine its accuracy and compliance with
835 this section. If the commission finds that the application is
836 inaccurate or does not comply with this section, the commission
837 shall revoke the registration and certification of the employee
838 organization.
839 (8) The commission or one of its designated agents may
840 conduct an investigation to confirm the validity of any
841 information submitted pursuant to this section. The commission
842 may revoke or deny an employee organization’s registration or
843 certification if it finds that the employee organization:
844 (a) Failed to cooperate with the investigation conducted
845 pursuant to this subsection, including refusal to permit the
846 commission or one of its designated agents to inspect membership
847 authorization forms or revocations pursuant to s.
848 447.301(1)(b)5.; or
849 (b) Intentionally misrepresented the information it
850 submitted pursuant to this section.
851
852 A decision issued by the commission pursuant to this subsection
853 is a final agency action that is reviewable pursuant to s.
854 447.504.
855 (9) An employee organization is exempt from the
856 requirements of subsections (3)-(8) and (12) for each public
857 safety unit it represents only with respect to the circumstances
858 of each bargaining unit the majority of whose employees eligible
859 for representation are employed as law enforcement officers,
860 correctional officers, or correctional probation officers as
861 those terms are defined in s. 943.10(1), (2), or (3),
862 respectively; firefighters as defined in s. 633.102; 911 public
863 safety telecommunicators as defined in s. 401.465(1)(a); or
864 emergency medical technicians or paramedics as defined in s.
865 401.23.
866 (10) A registration fee must shall accompany each
867 application for registration or renewal of registration filed
868 with the commission. The registration fee may amount charged for
869 an application for registration or renewal of registration shall
870 not exceed $15. All such money collected by the commission shall
871 be deposited in the General Revenue Fund.
872 (11) Every employee organization shall keep accurate
873 accounts of its income and expenses, which accounts must shall
874 be open for inspection at a all reasonable time and place times
875 by any member of the organization or by the commission or a
876 public employee in a bargaining unit for which the employee
877 organization is the bargaining agent. In addition, each employee
878 organization that has been certified as a bargaining agent must
879 provide to its members an annual financial report prepared by an
880 independent certified public accountant licensed under chapter
881 473 that includes a detailed breakdown of revenues and
882 expenditures in such categories as the commission may prescribe,
883 and an accounting of membership dues and assessments. The
884 employee organization must notify its members annually of all
885 costs of membership.
886 (12) The certification of an employee organization that
887 does not comply with this section is revoked. An employee
888 organization that has its certification revoked under this
889 subsection may not file a petition for certification under s.
890 447.307 which covers any of the public employees in the
891 bargaining unit described in the revoked certification for at
892 least 12 months after the date the certification was revoked.
893 (13) A decision issued by the commission under this section
894 which revokes a certification, revokes a registration, or
895 grants, denies, or dismisses an application for registration or
896 renewal of registration is a final agency action that is
897 reviewable pursuant to s. 447.504.
898 Section 11. Section 447.307, Florida Statutes, is amended
899 to read:
900 447.307 Certification and recertification of employee
901 organizations organization.—
902 (1)(a) An Any employee organization seeking certification
903 or recertification as a bargaining agent must file a petition
904 with the commission accompanied by a showing of interest from at
905 least 30 percent of the public employees in the proposed or
906 existing bargaining unit. The showing of interest statements
907 must be signed and dated by the public employees not more than
908 12 months before the filing of the petition which is designated
909 or selected by a majority of public employees in an appropriate
910 unit as their representative for purposes of collective
911 bargaining shall request recognition by the public employer. The
912 public employer shall, if satisfied as to the majority status of
913 the employee organization and the appropriateness of the
914 proposed unit, recognize the employee organization as the
915 collective bargaining representative of employees in the
916 designated unit. Upon recognition by a public employer, the
917 employee organization shall immediately petition the commission
918 for certification. The commission shall review only the
919 appropriateness of the unit proposed by the employee
920 organization. If the unit is appropriate according to the
921 criteria used in this part, the commission shall immediately
922 certify the employee organization as the exclusive
923 representative of all employees in the unit. If the unit is
924 inappropriate according to the criteria used in this part, the
925 commission may dismiss the petition.
926 (b) Whenever a public employer recognizes an employee
927 organization on the basis of majority status and on the basis of
928 appropriateness in accordance with subparagraph (4)(f)5., the
929 commission shall, in the absence of inclusion of a prohibited
930 category of employees or violation of s. 447.501, certify the
931 proposed unit.
932 (b)(2) A If the public employer refuses to recognize the
933 employee organization, the employee organization may file a
934 petition with the commission for certification as the bargaining
935 agent for a proposed bargaining unit. The petition shall be
936 accompanied by dated statements signed by at least 30 percent of
937 the employees in the proposed unit, indicating that such
938 employees desire to be represented for purposes of collective
939 bargaining by the petitioning employee organization. Once a
940 petition for certification has been filed by an employee
941 organization, any registered employee organization desiring
942 placement on the ballot in any certification or recertification
943 election to be conducted pursuant to this section may be
944 permitted by the commission to intervene in the proceeding upon
945 a motion accompanied by a showing of interest from dated
946 statements signed by at least 10 percent of the public employees
947 in the proposed or existing bargaining unit, indicating that
948 such employees desire to be represented for the purposes of
949 collective bargaining by the moving employee organization. The
950 showing of interest petitions and dated statements must be
951 signed and dated by the public employees not more than 12 months
952 before the filing of the petition.
953 (c) The showing of interest is are confidential and exempt
954 from the provisions of s. 119.07(1), except that any public
955 employee, public employer, or employee organization having
956 sufficient reason to believe that the showing of interest was
957 any of the employee signatures were obtained by collusion,
958 coercion, intimidation, or misrepresentation or is are otherwise
959 invalid shall be given a reasonable opportunity to verify and
960 challenge the showing of interest signatures appearing on the
961 petition.
962 (d) Notwithstanding paragraph (b), if any employees in the
963 proposed unit are represented by a bargaining agent other than
964 the petitioning employee organization, such bargaining agent
965 will be automatically added as a party to the case and may
966 appear on the ballot without being required to file a motion to
967 intervene or a showing of interest.
968 (2)(a) A certification petition may not be filed regarding
969 any proposed or existing bargaining unit within 12 months after
970 the date the commission issues an order that verifies the
971 results of a certification, recertification, or decertification
972 election covering any of the public employees in the proposed or
973 existing bargaining unit.
974 (b) If a valid collective bargaining agreement covering any
975 of the public employees in a proposed or existing bargaining
976 unit is in effect, a certification petition may only be filed
977 with the commission at least 90 but not more than 150 days
978 immediately preceding the expiration date of the collective
979 bargaining agreement, or at any time subsequent to such
980 agreement’s expiration date but before the effective date of a
981 new collective bargaining agreement. The effective date of a
982 collective bargaining agreement is the date of ratification of
983 such agreement by both parties if such agreement becomes
984 effective immediately or retroactively, or the collective
985 bargaining agreement’s actual effective date if such agreement
986 becomes effective after its ratification date.
987 (3)(a) The commission or one of its designated agents shall
988 investigate a certification or recertification the petition to
989 determine its sufficiency; if it has reasonable cause to believe
990 that the petition is sufficient, the commission shall provide
991 for an appropriate hearing upon due notice. Such a hearing may
992 be conducted by an agent of the commission. If the commission
993 finds that the petition is to be insufficient, the commission
994 must it may dismiss the petition. If the commission finds upon
995 the record of the hearing that the petition is sufficient, the
996 commission must it shall immediately:
997 (a)1. Define the proposed or existing bargaining unit and
998 determine which public employees are shall be qualified and
999 entitled to vote at any election held by the commission. Upon
1000 providing due notice, the commission may provide for a hearing.
1001 (b)2. Identify the public employer or employers for
1002 purposes of collective bargaining with the bargaining agent.
1003 (c)3. Order an election by secret ballot, the cost of said
1004 election and any required runoff election to be borne equally by
1005 the parties, except as the commission may provide by rule. The
1006 commission’s order assessing costs of an election may be
1007 enforced pursuant to the provisions of this part.
1008 (4)(a) Except as provided in paragraph (b), elections are
1009 determined as follows for all certification or recertification
1010 petitions filed on or after July 1, 2026:
1011 1.(b) If When an employee organization is selected by a
1012 majority vote of the public employees who are in the bargaining
1013 unit as of the date set by the commission voting in an election,
1014 the commission shall certify or recertify the employee
1015 organization as the exclusive collective bargaining agent for
1016 the public representative of all employees in the unit.
1017 2. A runoff election shall be held according to rules
1018 adopted by the commission if, in the election conducted under
1019 subparagraph 1., there was more than one employee organization
1020 on the ballot, a majority of the public employees who are in the
1021 bargaining unit as of the date set by the commission voted in
1022 the election, and none of the choices on the ballot received a
1023 majority vote of the public employees who are in the bargaining
1024 unit as of the date set by the commission.
1025 (b) Certification elections involving public safety units
1026 are determined as follows:
1027 1. If an employee organization is selected by a majority
1028 vote of the public employees voting in the election, the
1029 commission shall certify the employee organization as the
1030 bargaining agent for the public employees in the bargaining
1031 unit.
1032 2. A runoff election shall be held according to rules
1033 adopted by the commission if, in the election conducted under
1034 subparagraph 1., there was more than one employee organization
1035 on the ballot and none of the choices on the ballot received a
1036 majority vote of the public employees voting in the election.
1037 (c) Certification, recertification, or revocation under
1038 this section is effective upon the issuance of a the final order
1039 by the commission or, if the final order is appealed, at the
1040 time the appeal is exhausted or any stay is vacated by the
1041 commission or a the court.
1042 (c) In any election in which none of the choices on the
1043 ballot receives the vote of a majority of the employees voting,
1044 a runoff election shall be held according to rules promulgated
1045 by the commission.
1046 (d) No petition may be filed seeking an election in any
1047 proposed or existing appropriate bargaining unit to determine
1048 the exclusive bargaining agent within 12 months after the date
1049 of a commission order verifying a representation election or, if
1050 an employee organization prevails, within 12 months after the
1051 date of an effective certification covering any of the employees
1052 in the proposed or existing bargaining unit. Furthermore, if a
1053 valid collective bargaining agreement covering any of the
1054 employees in a proposed unit is in effect, a petition for
1055 certification may be filed with the commission only during the
1056 period extending from 150 days to 90 days immediately preceding
1057 the expiration date of that agreement, or at any time subsequent
1058 to its expiration date but prior to the effective date of any
1059 new agreement. The effective date of a collective bargaining
1060 agreement means the date of ratification by both parties, if the
1061 agreement becomes effective immediately or retroactively; or its
1062 actual effective date, if the agreement becomes effective after
1063 its ratification date.
1064 (5)(4) In defining a proposed bargaining unit, the
1065 commission shall take into consideration:
1066 (a) The principles of efficient administration of
1067 government.
1068 (b) The number of employee organizations with which the
1069 employer might have to negotiate.
1070 (c) The compatibility of the unit with the joint
1071 responsibilities of the public employer and public employees to
1072 represent the public.
1073 (d) The power of the officials of government at the level
1074 of the unit to agree, or make effective recommendations to
1075 another administrative authority or to a legislative body, with
1076 respect to matters of employment upon which the employee desires
1077 to negotiate.
1078 (e) The organizational structure of the public employer.
1079 (f) Community of interest among the employees to be
1080 included in the unit, considering:
1081 1. The manner in which wages and other terms of employment
1082 are determined.
1083 2. The method by which jobs and salary classifications are
1084 determined.
1085 3. The interdependence of jobs and interchange of
1086 employees.
1087 4. The desires of the employees.
1088 5. The history of employee relations within the
1089 organization of the public employer concerning organization and
1090 negotiation and the interest of the employees and the employer
1091 in the continuation of a traditional, workable, and accepted
1092 negotiation relationship.
1093 (g) The statutory authority of the public employer to
1094 administer a classification and pay plan.
1095 (h) Such other factors and policies as the commission may
1096 deem appropriate.
1097
1098 However, a bargaining no unit may not shall be established or
1099 approved for purposes of collective bargaining which includes
1100 both professional and nonprofessional employees unless a
1101 majority of each group votes for inclusion in such bargaining
1102 unit.
1103 Section 12. Section 447.3076, Florida Statutes, is created
1104 to read:
1105 447.3076 Clarification of bargaining units.—
1106 (1) A petition to clarify the composition of a bargaining
1107 unit may be filed with the commission when significant changes
1108 in statutory law or case law require clarification of the
1109 bargaining unit or when a classification was:
1110 (a) Created or substantially changed after the unit was
1111 initially defined by the commission;
1112 (b) Retitled with no substantial change in job duties; or
1113 (c) Included or excluded through inadvertence or
1114 misunderstanding by the commission.
1115 (2) A bargaining unit clarification petition may be filed
1116 by the bargaining agent for the bargaining unit or by the public
1117 employer of the public employees in the unit.
1118 (3) A copy of the petition must be served on the public
1119 employer and any bargaining agent that is certified to represent
1120 any employee or classification which may be substantially
1121 affected by the proposed bargaining unit clarification.
1122 (4) If any substantially affected employees are not
1123 represented by a bargaining agent, the public employer must
1124 provide a copy of the petition to those employees within 10 days
1125 after the filing of the petition.
1126 (5) When the clarification of a bargaining unit would
1127 result in an increase in the size of the bargaining unit by more
1128 than 25 percent, the unit clarification petition raises a
1129 question concerning representation and must be dismissed.
1130 Section 13. Section 447.308, Florida Statutes, is amended
1131 to read:
1132 447.308 Decertification Revocation of certification of
1133 employee organizations organization.—
1134 (1) A public Any employee or group of public employees that
1135 which no longer desires to be represented by a the certified
1136 bargaining agent may file with the commission a petition to
1137 decertify the bargaining agent revoke certification. The
1138 petition must shall be accompanied by a showing of interest from
1139 dated statements signed by at least 30 percent of the public
1140 employees in the bargaining unit, indicating that such employees
1141 no longer desire to be represented for purposes of collective
1142 bargaining by the certified bargaining agent. The time of filing
1143 said petition shall be governed by the provisions of s.
1144 447.307(3)(d) relating to petitions for certification. The
1145 showing of interest statements must be signed and dated by the
1146 public employees not more than 12 months before the filing of
1147 the petition. Any employee, employer, or employee organization
1148 having sufficient reason to believe that the showing of interest
1149 was any of the employee signatures were obtained by collusion,
1150 coercion, intimidation, or misrepresentation or is are otherwise
1151 invalid shall be given a reasonable opportunity to verify and
1152 challenge the showing of interest signatures appearing on the
1153 petition.
1154 (2)(a) A decertification petition may not be filed
1155 regarding the bargaining unit within 12 months after the date
1156 the commission issues an order that verifies the results of a
1157 certification, recertification, or decertification election
1158 covering any of the public employees in the unit.
1159 (b) If a valid collective bargaining agreement covering any
1160 of the public employees in the bargaining unit is in effect, a
1161 decertification petition may only be filed with the commission
1162 at least 90 but not more than 150 days immediately preceding the
1163 expiration date of the collective bargaining agreement, or at
1164 any time after such agreement’s expiration date but before the
1165 effective date of a new collective bargaining agreement. The
1166 effective date of a collective bargaining agreement is the date
1167 of ratification of such agreement by both parties if such
1168 agreement becomes effective immediately or retroactively, or the
1169 collective bargaining agreement’s actual effective date if such
1170 agreement becomes effective after its ratification date.
1171 (3) The commission or one of its designated agents shall
1172 investigate the decertification petition to determine its
1173 sufficiency. If the commission finds that the petition is to be
1174 insufficient, the commission must it may dismiss the petition.
1175 If the commission finds that the petition is sufficient, the
1176 commission must it shall immediately:
1177 (a) Identify the bargaining unit and determine which public
1178 employees shall be qualified and entitled to vote in the
1179 election held by the commission.
1180 (b) Identify the public employer or employers of the
1181 bargaining unit.
1182 (c) Order an election by secret ballot, the cost of said
1183 election to be borne equally by the parties, except as the
1184 commission may provide by rule. The commission’s order assessing
1185 costs of an election may be enforced pursuant to the provisions
1186 of this part.
1187 (4)(a) Except as provided in paragraph (b), elections are
1188 determined as follows for all decertification petitions filed on
1189 or after July 1, 2026:
1190 1. If decertification of the bargaining agent is selected
1191 by a majority vote of the public employees who are in the
1192 bargaining unit as of the date set by the commission, the
1193 commission shall revoke the bargaining agent’s certification for
1194 that bargaining unit.
1195 2. If decertification is not selected by a majority vote of
1196 the public employees who are in the bargaining unit as of the
1197 date set by the commission, the bargaining agent shall retain
1198 its certification for that bargaining unit.
1199 (b) Decertification elections involving public safety units
1200 are determined as follows:
1201 1.(2) If decertification is selected by a majority vote of
1202 the public employees voting in the such election vote against
1203 the continuation of representation by the certified bargaining
1204 agent, the commission shall revoke the certification of the
1205 employee organization as the exclusive bargaining agent’s
1206 certification for that agent for the employees in the bargaining
1207 unit shall be revoked.
1208 2.(3) If decertification is not selected by a majority vote
1209 of the public employees voting in the such election do not vote
1210 against the continuation of representation by the certified
1211 bargaining agent, the bargaining agent shall retain its
1212 certification for that bargaining of the employee organization
1213 as the exclusive bargaining agent for the employees in the unit
1214 shall be retained by the organization.
1215 (c) Revocation under this section is effective upon the
1216 issuance of a final order by the commission or, if the final
1217 order is appealed, at the time the appeal is exhausted or any
1218 stay is vacated by the commission or a court.
1219 Section 14. Section 447.309, Florida Statutes, is amended
1220 to read:
1221 447.309 Collective bargaining; approval or rejection.—
1222 (1) After an employee organization has been certified as
1223 the bargaining agent of a bargaining unit pursuant to the
1224 provisions of this part, the bargaining agent for the
1225 organization and the chief executive officer of the appropriate
1226 public employer or employers, jointly, shall bargain
1227 collectively in the determination of the wages, hours, and terms
1228 and conditions of employment of the public employees within the
1229 bargaining unit. The chief executive officer or his or her
1230 representative and the bargaining agent or its representative
1231 shall meet at reasonable times and bargain in good faith. In
1232 conducting negotiations with the bargaining agent, the chief
1233 executive officer or his or her representative shall consult
1234 with, and attempt to represent the views of, the legislative
1235 body of the public employer. Any collective bargaining agreement
1236 reached by the negotiators shall be reduced to writing, and such
1237 agreement shall be signed by the chief executive officer and the
1238 bargaining agent. Any agreement signed by the chief executive
1239 officer and the bargaining agent is shall not be binding on the
1240 public employer until such agreement has been ratified by the
1241 public employer and the by public employees in who are members
1242 of the bargaining unit, subject to subsection the provisions of
1243 subsections (2) and (3). However, with respect to statewide
1244 bargaining units, any agreement signed by the Governor and the
1245 bargaining agent for such a bargaining unit is shall not be
1246 binding until approved by the public employees in who are
1247 members of the bargaining unit, subject to subsection the
1248 provisions of subsections (2) and (3).
1249 (2)(a) Upon execution of the collective bargaining
1250 agreement, the chief executive shall, in his or her annual
1251 budget request or by other appropriate means, request the
1252 legislative body to appropriate such amounts as shall be
1253 sufficient to fund the provisions of the collective bargaining
1254 agreement.
1255 (b) If the state is a party to a collective bargaining
1256 agreement in which less than the requested amount is
1257 appropriated by the Legislature, the collective bargaining
1258 agreement shall be administered on the basis of the amounts
1259 appropriated by the Legislature. The failure of the Legislature
1260 to appropriate funds sufficient to fund the collective
1261 bargaining agreement shall not constitute, or be evidence of,
1262 any unfair labor practice. All collective bargaining agreements
1263 entered into by the state are subject to the appropriations
1264 powers of the Legislature, and the provisions of this section
1265 shall not conflict with the exclusive authority of the
1266 Legislature to appropriate funds.
1267 (3) If any provision of a collective bargaining agreement
1268 is in conflict with any law, ordinance, rule, or regulation over
1269 which the chief executive officer has no amendatory power, the
1270 chief executive officer shall submit to the appropriate
1271 governmental body having amendatory power a proposed amendment
1272 to such law, ordinance, rule, or regulation. Unless and until
1273 such amendment is enacted or adopted and becomes effective, the
1274 conflicting provision of the collective bargaining agreement
1275 shall not become effective.
1276 (3)(4) If the agreement is not ratified by the public
1277 employer or is not approved by a majority vote of the public
1278 employees voting in the unit, in accordance with procedures
1279 adopted by the commission, the agreement shall be returned to
1280 the chief executive officer and the bargaining agent employee
1281 organization for further negotiations.
1282 (4)(5) A Any collective bargaining agreement may shall not
1283 provide for a term of existence of more than 3 years and must
1284 shall contain all of the terms and conditions of employment
1285 negotiated by the bargaining agent and the public employer and
1286 all of the disputed impasse issues resolved by the legislative
1287 body’s action taken pursuant to s. 447.403 of the employees in
1288 the bargaining unit during such term except those terms and
1289 conditions provided for in applicable merit and civil service
1290 rules and regulations.
1291 Section 15. Section 447.401, Florida Statutes, is amended
1292 to read:
1293 447.401 Grievance procedures.—Each public employer and
1294 bargaining agent shall negotiate a grievance procedure to be
1295 used for the settlement of disputes between a public employer
1296 and a public employee, or a group of public employees, involving
1297 the interpretation or application of a collective bargaining
1298 agreement. The Such grievance procedure must shall have as its
1299 terminal step a final and binding disposition by an impartial
1300 neutral arbitrator, mutually selected by the parties; however,
1301 when the issue under appeal is an allegation of abuse,
1302 abandonment, or neglect of a child by a public an employee under
1303 s. 39.201 or an allegation of abuse, neglect, or exploitation of
1304 a vulnerable adult by a public employee under s. 415.1034, the
1305 grievance may not be decided until such allegation the abuse,
1306 abandonment, or neglect of a child has been judicially
1307 determined. However, an arbitrator arbiter or other neutral
1308 party may shall not have the power to add to, subtract from,
1309 modify, or alter the terms of a collective bargaining agreement.
1310 If an employee organization is certified as the bargaining agent
1311 of a bargaining unit, the grievance procedure then in existence
1312 may be the subject of collective bargaining, and any agreement
1313 that which is reached shall supersede the previously existing
1314 procedure. All public employees shall have the right to a fair
1315 and equitable grievance procedure administered without regard to
1316 membership or nonmembership in any employee organization, except
1317 that bargaining agents may certified employee organizations
1318 shall not be required to process grievances for public employees
1319 who are not members of the employee organization. A public
1320 career service employee may use shall have the option of
1321 utilizing the civil service appeal procedure, an unfair labor
1322 practice procedure, or a grievance procedure established under
1323 this section, but may not avail such employee is precluded from
1324 availing himself or herself of to more than one of these
1325 procedures.
1326 Section 16. Subsections (1) through (4) of section 447.403,
1327 Florida Statutes, are amended to read:
1328 447.403 Resolution of impasses.—
1329 (1) If, after a reasonable period of negotiation concerning
1330 the terms and conditions of employment to be incorporated in a
1331 collective bargaining agreement, a dispute exists between a
1332 public employer and a bargaining agent, either party may declare
1333 an impasse by providing written notification shall be deemed to
1334 have occurred when one of the parties so declares in writing to
1335 the other party and to the commission. When an impasse occurs,
1336 the public employer or the bargaining agent, or both parties
1337 acting jointly, may use appoint, or secure the services
1338 appointment of, a mediator to assist in the resolution of the
1339 impasse. If the Governor is the public employer or for an
1340 impasse declared pursuant to s. 447.4095, a no mediator may not
1341 shall be appointed.
1342 (2)(a) If a no mediator is not used under subsection (1)
1343 appointed, or upon the request of either party, the commission
1344 must shall appoint, and submit all unresolved issues to, a
1345 special magistrate acceptable to both parties. If the parties
1346 are unable to agree on the appointment of a special magistrate,
1347 the commission must shall appoint, in its discretion, a
1348 qualified special magistrate. However, if the parties agree in
1349 writing to waive the appointment of a special magistrate, the
1350 parties may proceed directly to resolution of the impasse by the
1351 legislative body pursuant to paragraph (4)(d). Nothing in this
1352 section precludes the parties from using the services of a
1353 mediator at any time during the conduct of collective
1354 bargaining.
1355 (b) If the Governor is the public employer, a no special
1356 magistrate may not shall be appointed. The parties must may
1357 proceed directly to the Legislature for resolution of the
1358 impasse pursuant to paragraph (4)(d).
1359 (c) For an impasse declared pursuant to s. 447.4095(2), the
1360 parties must agree on a special magistrate and submit the
1361 agreed-upon name to the commission within 5 calendar days after
1362 the declaration of impasse. Within 2 business days after the
1363 submission of the special magistrate’s name, the commission must
1364 appoint the agreed-upon special magistrate. If the parties do
1365 not submit the name of an agreed-upon special magistrate to the
1366 commission within 5 calendar days after the declaration of
1367 impasse, the commission must appoint a special magistrate of its
1368 choosing within 5 calendar days after the parties’ deadline to
1369 submit the name of the agreed-upon special magistrate. Within 5
1370 calendar days after the special magistrate is appointed, each
1371 party must submit a list of issues at impasse to the special
1372 magistrate and serve a copy of the list on the other party at
1373 the same time.
1374 (3) The special magistrate must shall hold a hearing
1375 hearings in order to define the area or areas of dispute, to
1376 determine facts relating to the dispute, and to render a
1377 decision on any and all unresolved contract issues. The hearing
1378 must hearings shall be held at a time, date, and place times,
1379 dates, and places to be established by the special magistrate in
1380 accordance with rules adopted promulgated by the commission. For
1381 an impasse declared pursuant to s. 447.4095(2), a hearing must
1382 be held within 20 calendar days after the parties submit the
1383 list of issues at impasse to the special magistrate. The special
1384 magistrate may shall be empowered to administer oaths and issue
1385 subpoenas on behalf of the parties to the dispute or on his or
1386 her own behalf. Within 15 calendar days after the close of the
1387 final hearing, or 7 calendar days after the close of the hearing
1388 for an impasse declared pursuant to s. 447.4095(2), the special
1389 magistrate must submit shall transmit his or her recommended
1390 decision to the commission and to the representatives of both
1391 parties by any method of service that establishes proof of
1392 delivery registered mail, return receipt requested. Such
1393 recommended decision must shall be discussed by the parties, and
1394 each recommendation of the special magistrate is shall be deemed
1395 approved by both parties unless specifically rejected by either
1396 party by written notice filed with the commission within 20
1397 calendar days, or 10 calendar days for an impasse declared
1398 pursuant to s. 447.4095(2), after the date the party received
1399 the special magistrate’s recommended decision. The written
1400 notice must shall include a statement of the cause for each
1401 rejection and shall be served upon the other party at the same
1402 time as it is filed with the commission.
1403 (4) If either the public employer or the bargaining agent
1404 employee organization does not accept, in whole or in part, the
1405 recommended decision of the special magistrate, all of the
1406 following procedures apply:
1407 (a) The chief executive officer of the governmental entity
1408 involved shall, within 10 calendar days after rejection of a
1409 recommendation of the special magistrate, submit to the
1410 legislative body of the governmental entity involved a copy of
1411 the findings of fact and recommended decision of the special
1412 magistrate, together with the chief executive officer’s
1413 recommendations for settling the disputed impasse issues. The
1414 chief executive officer shall also submit transmit his or her
1415 recommendations to the bargaining agent at the same time as the
1416 recommendations are submitted to the legislative body. employee
1417 organization;
1418 (b) Within 10 calendar days after rejection of a
1419 recommendation of the special magistrate, the bargaining agent
1420 employee organization shall submit its recommendations for
1421 settling the disputed impasse issues to such legislative body
1422 and to the chief executive officer.;
1423 (c) The legislative body or its a duly authorized committee
1424 thereof shall forthwith conduct a public hearing at which the
1425 parties shall be required to explain their positions with
1426 respect to the rejected recommendations of the special
1427 magistrate. For an impasse declared pursuant to s. 447.4095(2),
1428 the legislative body must conduct the public hearing within 20
1429 calendar days after the parties submit their recommendations to
1430 the legislative body.;
1431 (d) Thereafter, the legislative body shall take such action
1432 as it deems to be in the public interest, including the interest
1433 of the public employees involved, to resolve all disputed
1434 impasse issues. For an impasse declared pursuant to s.
1435 447.4095(2), the legislative body must take action within 10
1436 calendar days after the close of the public hearing.; and
1437 (e)1. Following the resolution of the disputed impasse
1438 issues by the legislative body, the parties shall reduce to
1439 writing an agreement which includes those issues agreed to by
1440 the parties and those disputed impasse issues resolved by the
1441 legislative body’s action taken pursuant to paragraph (d). For
1442 an impasse declared pursuant to s. 447.4095(2), the parties must
1443 reduce the agreement to writing within 10 calendar days after
1444 the resolution of the disputed impasse issues by the legislative
1445 body.
1446 2. The agreement must shall be signed by the chief
1447 executive officer and the bargaining agent and shall be
1448 submitted to the public employer and to the public employees in
1449 who are members of the bargaining unit for ratification. For an
1450 impasse declared pursuant to s. 447.4095(2), the chief executive
1451 officer and the bargaining agent must sign the agreement within
1452 7 calendar days after the agreement is reduced to writing and
1453 must submit the agreement to the public employer and the
1454 bargaining unit for ratification within 10 calendar days after
1455 the agreement is signed. For an impasse declared pursuant to s.
1456 447.4095(2), the agreement must be signed, submitted, and
1457 ratified separately from other bargainable issues.
1458 3. If the such agreement is not ratified by all parties,
1459 pursuant to the provisions of s. 447.309, the legislative body’s
1460 action taken pursuant to the provisions of paragraph (d) shall
1461 take effect as of the date of such legislative body’s action for
1462 the remainder of the first fiscal year which was the subject of
1463 negotiations; however, the legislative body’s action may shall
1464 not take effect with respect to those disputed impasse issues
1465 that which establish the language of contractual provisions that
1466 which could have no effect in the absence of a ratified
1467 agreement, including, but not limited to, preambles, recognition
1468 clauses, and duration clauses.
1469 Section 17. Section 447.405, Florida Statutes, is amended
1470 to read:
1471 447.405 Factors to be considered by the special
1472 magistrate.—The special magistrate shall conduct the hearings
1473 and render recommended decisions with the objective of achieving
1474 a prompt, peaceful, and just settlement of disputes between the
1475 bargaining agents public employee organizations and the public
1476 employers. The factors, among others, to be given weight by the
1477 special magistrate in arriving at a recommended decision must
1478 shall include:
1479 (1) Comparison of the annual income of employment of the
1480 public employees in question with the annual income of
1481 employment maintained for the same or similar work of employees
1482 exhibiting like or similar skills under the same or similar
1483 working conditions in the local operating area involved.
1484 (2) Comparison of the annual income of employment of the
1485 public employees in question with the annual income of
1486 employment of public employees in similar public employee
1487 governmental bodies of comparable size within this the state.
1488 (3) The interest and welfare of the public.
1489 (4) Comparison of peculiarities of employment in regard to
1490 other trades or professions, specifically with respect to:
1491 (a) Hazards of employment.
1492 (b) Physical qualifications.
1493 (c) Educational qualifications.
1494 (d) Intellectual qualifications.
1495 (e) Job training and skills.
1496 (f) Retirement plans.
1497 (g) Sick leave.
1498 (h) Job security.
1499 (5) Availability of funds.
1500 Section 18. Section 447.4095, Florida Statutes, is amended
1501 to read:
1502 447.4095 Financial urgency.—
1503 (1) In the event of a financial urgency requiring
1504 modification of an agreement, the chief executive officer or his
1505 or her representative and the bargaining agent or its
1506 representative must shall meet as soon as possible to negotiate
1507 the impact of the financial urgency. If after a reasonable
1508 period of negotiation, which may shall not exceed 14 calendar
1509 days, a dispute exists between the public employer and the
1510 bargaining agent, an impasse is shall be deemed to have
1511 occurred, and one of the parties must shall so declare in
1512 writing to the other party and to the commission. The parties
1513 must shall then proceed to follow the requirements under
1514 pursuant to the provisions of s. 447.403. An unfair labor
1515 practice charge may shall not be filed during the 14 calendar
1516 days during which negotiations are occurring under pursuant to
1517 this section.
1518 (2) Salary increases appropriated by the Legislature are,
1519 for purposes of this section, considered a financial urgency. In
1520 the event of salary increases appropriated by the Legislature
1521 which require modification of an agreement, the chief executive
1522 officer or his or her representative and the bargaining agent or
1523 its representative must meet within 15 calendar days after the
1524 effective date of the appropriation to negotiate the impact of
1525 the financial urgency. If, 30 calendar days after the effective
1526 date of the appropriation, a dispute exists between the public
1527 employer and the bargaining agent as to the impact of the
1528 financial urgency, one of the parties must, within 2 business
1529 days, declare an impasse in writing to the other party and to
1530 the commission. The parties must then proceed to follow the
1531 requirements under s. 447.403. An unfair labor practice charge
1532 may not be filed during the 30-day period of negotiations or
1533 while the parties are proceeding through the resulting impasse
1534 process. This subsection does not apply to public employees in
1535 public safety units.
1536 Section 19. Paragraphs (c) and (f) of subsection (1) and
1537 subsection (2) of section 447.501, Florida Statutes, are
1538 amended, and paragraph (g) is added to subsection (1) of that
1539 section, to read:
1540 447.501 Unfair labor practices.—
1541 (1) Public employers or their agents or representatives are
1542 prohibited from:
1543 (c) Refusing to bargain collectively, failing to bargain
1544 collectively in good faith, or refusing to sign a final
1545 agreement agreed upon with the certified bargaining agent for
1546 the public employees in the bargaining unit.
1547 (f) Refusing to discuss grievances in good faith pursuant
1548 to the terms of the collective bargaining agreement with either
1549 the certified bargaining agent for the public employee or the
1550 employee involved.
1551 (g) Failing to provide to any employee organization or any
1552 petitioning public employee who is seeking to support, oppose,
1553 or intervene in the certification, recertification, or
1554 decertification of a bargaining agent equal access to the public
1555 employer’s facilities and its internal means of communication
1556 for those purposes. The public employer must provide such equal
1557 access from the date of the filing of a petition pursuant to s.
1558 447.307 or s. 447.308 until the final resolution of the
1559 petition.
1560 (2) An A public employee organization or anyone acting on
1561 in its behalf or its officers, representatives, agents, or
1562 members are prohibited from:
1563 (a) Interfering with, restraining, or coercing public
1564 employees in the exercise of any rights guaranteed them under
1565 this part or interfering with, restraining, or coercing
1566 managerial employees by reason of their performance of job
1567 duties or other activities undertaken in the interests of the
1568 public employer.
1569 (b) Causing or attempting to cause a public employer to
1570 discriminate against a public an employee because of such the
1571 employee’s membership or nonmembership in an employee
1572 organization or attempting to cause the public employer to
1573 violate any of the provisions of this part.
1574 (c) Refusing to bargain collectively or failing to bargain
1575 collectively in good faith with a public employer.
1576 (d) Discriminating against a public an employee because he
1577 or she has signed or filed an affidavit, a petition, or a
1578 complaint or given any information or testimony in any
1579 proceedings provided for in this part.
1580 (e) Participating in a strike against the public employer
1581 by instigating or supporting, in any positive manner, a strike.
1582 A person who violates Any violation of this paragraph is shall
1583 subject the violator to the penalties provided in this part.
1584 (f) Instigating or advocating support, in any positive
1585 manner, for an employee organization’s activities from high
1586 school or grade school students or students in institutions of
1587 higher learning.
1588 Section 20. Subsection (1) of section 447.503, Florida
1589 Statutes, is amended to read:
1590 447.503 Charges of unfair labor practices.—It is the intent
1591 of the Legislature that the commission act as expeditiously as
1592 possible to settle disputes regarding alleged unfair labor
1593 practices. To this end, violations of the provisions of s.
1594 447.501 shall be remedied by the commission in accordance with
1595 the following procedures and in accordance with chapter 120;
1596 however, to the extent that chapter 120 is inconsistent with the
1597 provisions of this section, the procedures contained in this
1598 section shall govern:
1599 (1) A proceeding to remedy a violation of the provisions of
1600 s. 447.501 must shall be initiated by the filing of a charge
1601 with the commission by a public an employer, a public employee,
1602 or an employee organization, or any combination thereof, whose
1603 substantial interests will be affected as referenced in chapter
1604 120. Such a charge must shall contain a clear and concise
1605 statement of facts constituting the alleged unfair labor
1606 practice, including the names of all individuals involved in the
1607 alleged unfair labor practice, and include specific reference to
1608 the provisions of s. 447.501 alleged to have been violated, and
1609 such other relevant information as the commission may by rule
1610 require or allow. Service of the charge must shall be made upon
1611 each named respondent at the time of filing with the commission.
1612 The charge must be accompanied by sworn statements and
1613 documentary evidence sufficient to establish a prima facie
1614 violation of the applicable unfair labor practice provision.
1615 Such supporting evidence is not to be attached to the charge and
1616 is to be furnished only to the commission.
1617 Section 21. Subsections (2) through (5) and paragraph (a)
1618 of subsection (6) of section 447.507, Florida Statutes, are
1619 amended to read:
1620 447.507 Violation of strike prohibition; penalties.—
1621 (2) If a public employee, a group of public employees, an
1622 employee organization, or any officer, agent, or representative
1623 of any employee organization engages in a strike in violation of
1624 s. 447.505, either the commission or any public employer whose
1625 public employees are involved or whose public employees may be
1626 affected by the strike may file suit to enjoin the strike in the
1627 circuit court having proper jurisdiction and proper venue of
1628 such actions under the Florida Rules of Civil Procedure and
1629 Florida Statutes. The circuit court shall conduct a hearing,
1630 with notice to the commission and to all interested parties, at
1631 the earliest practicable time. If the plaintiff makes a prima
1632 facie showing that a violation of s. 447.505 is in progress or
1633 that there is a clear, real, and present danger that such a
1634 strike is about to commence, the circuit court must shall issue
1635 a temporary injunction enjoining the strike. Upon final hearing,
1636 the circuit court shall either make the injunction permanent or
1637 dissolve it.
1638 (3) If an injunction to enjoin a strike issued pursuant to
1639 this section is not promptly complied with, on the application
1640 of the plaintiff, the circuit court shall immediately initiate
1641 contempt proceedings against those who appear to be in
1642 violation. An employee organization found to be in contempt of
1643 court for violating an injunction against a strike shall be
1644 fined an amount deemed appropriate by the court. In determining
1645 the appropriate fine, the court shall objectively consider the
1646 extent of lost services and the particular nature and position
1647 of the public employee group in violation. A In no event shall
1648 the fine may not exceed $30,000 $5,000. Each officer, agent, or
1649 representative of an employee organization found to be in
1650 contempt of court for violating an injunction against a strike
1651 shall be fined at least $300, but not more than $600, not less
1652 than $50 nor more than $100 for each calendar day that the
1653 violation is in progress.
1654 (4) An employee organization is shall be liable for any
1655 damages that which might be suffered by a public employer as a
1656 result of a violation of the provisions of s. 447.505 by the
1657 employee organization or its representatives, officers, or
1658 agents. The circuit court having jurisdiction over such actions
1659 may is empowered to enforce judgments against employee
1660 organizations in the amount deemed appropriate by the court in
1661 accordance with this section. An action may not, as defined in
1662 this part, by attachment or garnishment of union initiation fees
1663 or dues which are to be deducted or checked off by public
1664 employers. No action shall be maintained pursuant to this
1665 subsection until all proceedings that which were pending before
1666 the commission at the time of the strike or that which were
1667 initiated within 30 days after of the strike have been finally
1668 adjudicated or otherwise disposed of. In determining the amount
1669 of damages, if any, to be awarded to the public employer, the
1670 trier of fact shall take into consideration any action or
1671 inaction by the public employer or its agents that provoked or
1672 tended to provoke the strike by the public employees. The trier
1673 of fact shall also take into consideration any damages that
1674 might have been recovered by the public employer under
1675 subparagraph (6)(a)4.
1676 (5) If the commission, after a hearing on notice conducted
1677 according to rules adopted promulgated by the commission,
1678 determines that a public an employee has violated s. 447.505, it
1679 may order the termination of such employee’s his or her
1680 employment by the public employer. Notwithstanding any other
1681 provision of law, a person knowingly violating s. 447.505 the
1682 provision of said section may, subsequent to such violation, be
1683 appointed, reappointed, employed, or reemployed as a public
1684 employee, but only upon the following conditions:
1685 (a) Such person shall be on probation for a period of 18
1686 months after following his or her appointment, reappointment,
1687 employment, or reemployment, during which period he or she shall
1688 serve without permanent status and at the pleasure of the agency
1689 head.
1690 (b) His or her compensation may not in no event exceed the
1691 compensation that received immediately before prior to the time
1692 of the violation.
1693 (c) The compensation of the person may not be increased
1694 until at least after the expiration of 1 year after from such
1695 appointment, reappointment, employment, or reemployment.
1696 (6)(a) If the commission determines that an employee
1697 organization has violated s. 447.505, it may:
1698 1. Issue cease and desist orders as necessary to ensure
1699 compliance with its order.
1700 2. Suspend or revoke the certification of the employee
1701 organization as the bargaining agent of such bargaining employee
1702 unit.
1703 3. Revoke any requirement of the public employer to engage
1704 in membership the right of dues deduction for the and collection
1705 previously granted to said employee organization pursuant to s.
1706 447.303.
1707 4. Fine the organization up to $120,000 $20,000 for each
1708 calendar day of such violation or determine the approximate cost
1709 to the public due to each calendar day of the strike and fine
1710 the organization an amount equal to such cost, regardless of
1711 whether the fine exceeds $120,000, notwithstanding the fact that
1712 the fine may exceed $20,000 for each such calendar day. The
1713 fines so collected shall immediately accrue to the public
1714 employer and must shall be used by the public employer him or
1715 her to replace those services denied the public as a result of
1716 the strike. In determining the amount of damages, if any, to be
1717 awarded to the public employer, the commission must consider
1718 shall take into consideration any action or inaction by the
1719 public employer or its agents that provoked, or tended to
1720 provoke, the strike by the public employees.
1721 Section 22. Present subsection (3) of section 447.509,
1722 Florida Statutes, is redesignated as subsection (6), and a new
1723 subsection (3) and subsections (4) and (5) are added to that
1724 section, to read:
1725 447.509 Other unlawful acts; exceptions.—
1726 (3) Public employers, their agents or representatives, or
1727 any persons acting on their behalf may not provide any form of
1728 compensation or paid leave to a public employee, directly or
1729 indirectly, for the purpose of engaging in employee organization
1730 activities.
1731 (4) Notwithstanding subsection (3), if the public employer
1732 and the bargaining agent agree, a public employee may do any of
1733 the following:
1734 (a) Be granted time off without pay or benefits to engage
1735 in employee organization activities. An employee organization
1736 may compensate a public employee for engaging in employee
1737 organization activities.
1738 (b) Use compensated personal leave, whether the leave is
1739 the public employee’s or is voluntarily donated by other public
1740 employees in the bargaining unit, to engage in employee
1741 organization activities if:
1742 1. The leave is accrued at the same rate by similarly
1743 situated public employees in the bargaining unit without regard
1744 to membership in or participation with an employee organization.
1745 2. The public employee may freely choose how to use the
1746 leave.
1747 (c) Engage in representational employee organization
1748 activities on behalf of the bargaining agent while in a duty
1749 status without loss of pay or benefits.
1750 (5) Subsections (3) and (4) do not apply to public
1751 employees in public safety units.
1752 Section 23. Subsection (3) of section 110.114, Florida
1753 Statutes, is amended to read:
1754 110.114 Employee wage deductions.—
1755 (3) Notwithstanding the provisions of subsections (1) and
1756 (2), the deduction of an employee’s membership dues deductions
1757 as defined in s. 447.203 s. 447.203(15) for an employee
1758 organization as defined in s. 447.203(11) shall be authorized or
1759 permitted only for an organization that has been certified
1760 pursuant to chapter 447 as the exclusive bargaining agent
1761 pursuant to chapter 447 for a unit of public state employees in
1762 which the employee is included. Such deductions shall be subject
1763 to the provisions of s. 447.303.
1764 Section 24. Paragraph (w) of subsection (2) of section
1765 110.205, Florida Statutes, is amended to read:
1766 110.205 Career service; exemptions.—
1767 (2) EXEMPT POSITIONS.—The exempt positions that are not
1768 covered by this part include the following:
1769 (w) Managerial employees and, as defined in s. 447.203(4),
1770 confidential employees, as those terms are defined in s. 447.203
1771 s. 447.203(5), and supervisory employees who spend the majority
1772 of their time communicating with, motivating, training, and
1773 evaluating employees, and planning and directing employees’
1774 work, and who have the authority to hire, transfer, suspend, lay
1775 off, recall, promote, discharge, assign, reward, or discipline
1776 subordinate employees or effectively recommend such action,
1777 including all employees serving as supervisors, administrators,
1778 and directors. Excluded are employees also designated as special
1779 risk or special risk administrative support and attorneys who
1780 serve as administrative law judges pursuant to s. 120.65 or for
1781 hearings conducted pursuant to s. 120.57(1)(a). Additionally,
1782 registered nurses licensed under chapter 464, dentists licensed
1783 under chapter 466, psychologists licensed under chapter 490 or
1784 chapter 491, nutritionists or dietitians licensed under part X
1785 of chapter 468, pharmacists licensed under chapter 465,
1786 psychological specialists licensed under chapter 491, physical
1787 therapists licensed under chapter 486, and speech therapists
1788 licensed under part I of chapter 468 are excluded, unless
1789 otherwise collectively bargained.
1790 Section 25. Subsection (6) of section 112.3187, Florida
1791 Statutes, is amended to read:
1792 112.3187 Adverse action against employee for disclosing
1793 information of specified nature prohibited; employee remedy and
1794 relief.—
1795 (6) TO WHOM INFORMATION DISCLOSED.—The information
1796 disclosed under this section must be disclosed to any agency or
1797 federal government entity having the authority to investigate,
1798 police, manage, or otherwise remedy the violation or act,
1799 including, but not limited to, the Office of the Chief Inspector
1800 General, an agency inspector general or the employee designated
1801 as agency inspector general under s. 112.3189(1) or inspectors
1802 general under s. 20.055, the Florida Commission on Human
1803 Relations, and the whistle-blower’s hotline created under s.
1804 112.3189. However, for disclosures concerning a local
1805 governmental entity, including any regional, county, or
1806 municipal entity, special district, community college district,
1807 or school district or any political subdivision of any of the
1808 foregoing, the information must be disclosed to a chief
1809 executive officer as defined in s. 447.203 s. 447.203(9) or
1810 other appropriate local official.
1811 Section 26. Subsection (5) of section 121.031, Florida
1812 Statutes, is amended to read:
1813 121.031 Administration of system; appropriation; oaths;
1814 actuarial studies; public records.—
1815 (5) The names and addresses of retirees are confidential
1816 and exempt from the provisions of s. 119.07(1) to the extent
1817 that no state or local governmental agency may provide the names
1818 or addresses of such persons in aggregate, compiled, or list
1819 form to any person except to a public agency engaged in official
1820 business. However, a state or local government agency may
1821 provide the names and addresses of retirees from that agency to
1822 a bargaining agent as defined in s. 447.203 s. 447.203(12) or to
1823 a retiree organization for official business use. Lists of names
1824 or addresses of retirees may be exchanged by public agencies,
1825 but such lists shall not be provided to, or open for inspection
1826 by, the public. Any person may view or copy any individual’s
1827 retirement records at the Department of Management Services, one
1828 record at a time, or may obtain information by a separate
1829 written request for a named individual for which information is
1830 desired.
1831 Section 27. Subsection (1) of section 447.02, Florida
1832 Statutes, is amended to read:
1833 447.02 Definitions.—The following terms, when used in this
1834 chapter, shall have the meanings ascribed to them in this
1835 section:
1836 (1) The term “labor organization” means any organization of
1837 employees or local or subdivision thereof, having within its
1838 membership residents of the state, whether incorporated or not,
1839 organized for the purpose of dealing with employers concerning
1840 hours of employment, rate of pay, working conditions, or
1841 grievances of any kind relating to employment and recognized as
1842 a unit of bargaining by one or more employers doing business in
1843 this state, except that an “employee organization,” as defined
1844 in s. 447.203 s. 447.203(11), shall be included in this
1845 definition at such time as it seeks to register pursuant to s.
1846 447.305.
1847 Section 28. Section 447.609, Florida Statutes, is amended
1848 to read:
1849 447.609 Representation in proceedings.—Any full-time
1850 employee or officer of any public employer or employee
1851 organization may represent his or her employer or any public
1852 employee in member of a bargaining unit in any proceeding
1853 authorized in this part, excluding the representation of any
1854 person or public employer in a court of law by a person who is
1855 not a licensed attorney.
1856 Section 29. Subsection (2) of section 1011.60, Florida
1857 Statutes, is amended to read:
1858 1011.60 Minimum requirements of the Florida Education
1859 Finance Program.—Each district which participates in the state
1860 appropriations for the Florida Education Finance Program shall
1861 provide evidence of its effort to maintain an adequate school
1862 program throughout the district and shall meet at least the
1863 following requirements:
1864 (2) MINIMUM TERM.—Operate all schools for a term of 180
1865 actual teaching days or the equivalent on an hourly basis as
1866 specified by rules of the State Board of Education each school
1867 year. The State Board of Education may prescribe procedures for
1868 altering, and, upon written application, may alter, this
1869 requirement during a national, state, or local emergency as it
1870 may apply to an individual school or schools in any district or
1871 districts if, in the opinion of the board, it is not feasible to
1872 make up lost days or hours, and the apportionment may, at the
1873 discretion of the Commissioner of Education and if the board
1874 determines that the reduction of school days or hours is caused
1875 by the existence of a bona fide emergency, be reduced for such
1876 district or districts in proportion to the decrease in the
1877 length of term in any such school or schools. A strike, as
1878 defined in s. 447.203 s. 447.203(6), by employees of the school
1879 district may not be considered an emergency.
1880 Section 30. This act shall take effect July 1, 2026.