Public Employees Relations Commission

ENROLLED

2026

Legislature

CS for CS for SB 1296, 1st Engrossed

20261296er
1
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.; revising the timeframe in which an
8 appeal hearing must be conducted; conforming final
9 order requirements to ch. 120, F.S.; amending s.
10 120.80, F.S.; providing applicability; amending s.
11 295.14, F.S.; conforming final order requirements to
12 ch. 120, F.S.; reordering and amending s. 447.203,
13 F.S.; revising and defining terms; amending s.
14 447.205, F.S.; revising the seal of the Public
15 Employees Relations Commission; amending s. 447.207,
16 F.S.; authorizing subpoenas to be served by certified
17 mail, return receipt requested, or by personal
18 service; revising requirements for proof of service;
19 deleting the requirement that the commission adopt
20 rules for the qualifications of persons who may serve
21 as mediators; authorizing the commission, under
22 certain circumstances, to waive the application of
23 part II of ch. 447, F.S., rather than only specified
24 provisions; amending s. 447.301, F.S.; revising
25 requirements for an employee organization membership
26 authorization form; requiring an employee
27 organization, within a specified timeframe, to revoke
28 the membership of and cease the collection of
29 membership dues from a public employee; providing that
30 a membership authorization form is valid if it meets
31 certain requirements; revising applicability; amending
32 s. 447.303, F.S.; conforming provisions to changes
33 made by the act; amending s. 447.305, F.S.; revising
34 application requirements for employee organization
35 registration and renewal of registration; requiring an
36 employee organization to provide an application for
37 renewal of registration to certain persons within a
38 specified timeframe; requiring a bargaining agent to
39 provide a remedy for incomplete application
40 information to the commission within a specified
41 timeframe; requiring the commission to dismiss an
42 application for renewal of registration under certain
43 circumstances; requiring the commission to notify the
44 bargaining agent when such application information is
45 complete; requiring the bargaining agent to petition
46 for recertification within a specified timeframe
47 thereafter; requiring the commission or one of its
48 designated agents to conduct an investigation if a
49 challenge to an application for renewal of
50 registration is filed; authorizing a designated agent
51 of the commission to conduct an investigation to
52 confirm validity of submitted information; exempting
53 certain employee organizations from a specified
54 requirement; requiring a registration fee for
55 applications for registration and renewal of
56 registration; requiring that certain employee
57 organization accounts be open for inspection by any
58 member of the organization or by the commission at a
59 reasonable time and place; providing for the
60 revocation of an employee organization’s certification
61 under certain circumstances; providing that decisions
62 issued by the commission in accordance with certain
63 provisions are final agency actions; amending s.
64 447.307, F.S.; revising requirements for the
65 certification and recertification of an employee
66 organization; requiring the commission to conduct
67 elections by specified methods; specifying the
68 criteria by which the commission determines the method
69 and timing of elections; requiring the commission to
70 conduct election by mail if requested by one of the
71 parties; providing the timeframe for when an election
72 by mail must be conducted; requiring the commission to
73 provide notice of such election to certain parties
74 within a specified timeframe; requiring an election
75 conducted by mail ballot to include return envelopes
76 with prepaid postage affixed, subject to
77 appropriation; creating s. 447.3076, F.S.; providing
78 that a petition to clarify the composition of a
79 bargaining unit may be filed with the commission under
80 certain circumstances; requiring that a copy of the
81 petition be served on certain persons; requiring the
82 public employer to provide a copy of the petition to
83 certain affected employees within a specified
84 timeframe; requiring that a petition be dismissed
85 under certain circumstances; amending s. 447.308,
86 F.S.; revising requirements for the decertification of
87 an employee organization; requiring an election
88 conducted by mail ballot to include return envelopes
89 with prepaid postage affixed, subject to
90 appropriation; amending s. 447.309, F.S.; requiring
91 that certain agreements be returned to the bargaining
92 agent, rather than the employee organization; amending
93 s. 447.401, F.S.; conforming provisions to changes
94 made by the act; amending s. 447.403, F.S.; specifying
95 requirements for when an impasse occurs; requiring a
96 hearing within a specified timeframe; authorizing the
97 recommended decision of a special magistrate from an
98 impasse hearing to be transmitted by any method of
99 service agreed to by the parties which establishes
100 proof of delivery; amending s. 447.405, F.S.;
101 conforming provisions to changes made by the act;
102 amending s. 447.4095, F.S.; providing that
103 implementation of appropriations from the Legislature
104 which are specifically directed to be disbursed as
105 salaries for employees of local governments are
106 considered a financial urgency; requiring the chief
107 executive officer or his or her representative to meet
108 with the bargaining agent or its representative within
109 a specified timeframe if the use of such funds
110 requires modification of an agreement; providing
111 meeting and dispute requirements; prohibiting the
112 filing of unfair labor charges during specified time
113 periods; providing applicability; amending s. 447.501,
114 F.S.; requiring a public employer to provide to all
115 registered employee organizations or petitioning
116 employees equal access to the employer’s facilities
117 and communication systems for a specified time period;
118 amending s. 447.503, F.S.; authorizing certain public
119 employers, public employees, and employee
120 organizations, or combinations thereof, to file
121 certain charges with the commission; amending s.
122 447.507, F.S.; increasing fines for certain
123 violations; amending s. 447.509, F.S.; prohibiting
124 public employers, their agents or representatives, and
125 any persons acting on their behalf from taking certain
126 actions; authorizing certain actions by public
127 employees under certain circumstances; providing
128 applicability; amending ss. 110.114, 110.205,
129 112.3187, 121.031, 447.02, 447.609, and 1011.60, F.S.;
130 conforming cross-references and provisions to changes
131 made by the act; providing an effective date.
132
133 Be It Enacted by the Legislature of the State of Florida:
134
135 Section 1. Paragraph (d) of subsection (6) of section
136 110.227, Florida Statutes, is amended to read:
137 110.227 Suspensions, dismissals, reductions in pay,
138 demotions, layoffs, transfers, and grievances.—
139 (6) The following procedures shall apply to appeals filed
140 pursuant to subsection (5) with the Public Employees Relations
141 Commission, hereinafter referred to as the commission:
142 (d) A recommended order
must

shall
be issued by the hearing
143 officer within 30 days
after

following
the hearing.
Exceptions

144
to the recommended order shall be filed within 15 days after the

145
recommended order is issued.
The final order
must be issued

146
shall be filed
by the commission
in accordance with ss. 120.569

147
and 120.57

no later than 45 calendar days after the hearing or

148
after the filing of exceptions or oral arguments if granted
.
149 Section 2. Paragraph (a) of subsection (14) of section
150 112.0455, Florida Statutes, is amended to read:
151 112.0455 Drug-Free Workplace Act.—
152 (14) DISCIPLINE REMEDIES.—
153 (a) An executive branch employee who is disciplined or who
154 is a job applicant for another position and is not hired
155 pursuant to this section, may file an appeal with the Public
156 Employees Relations Commission. Any appeal must be filed within
157 30 calendar days
after

of
receipt by the employee or job
158 applicant of notice of discipline or refusal to hire. The notice
159 shall inform the employee or job applicant of the right to file
160 an appeal, or if available, the right to file a collective
161 bargaining grievance pursuant to s. 447.401. Such appeals shall
162 be resolved pursuant to the procedures established in ss.
163 447.207(1)-(4), 447.208(2), and 447.503(4) and (5). A hearing on
164 the appeal
must

shall
be conducted within
60

30
days
after

of

165 the filing of the appeal, unless an extension is requested by
166 the employee or job applicant and granted by the commission or
167 an arbitrator.
The final order must be issued by the commission

168
in accordance with ss. 120.569 and 120.57.

169 Section 3. Paragraph (c) is added to subsection (12) of
170 section 120.80, Florida Statutes, to read:
171 120.80 Exceptions and special requirements; agencies.—
172 (12) PUBLIC EMPLOYEES RELATIONS COMMISSION.—
173
(c)

Section 120.60 does not apply to registration of

174
employee organizations under s. 447.305.

175 Section 4. Subsection (1) of section 295.14, Florida
176 Statutes, is amended to read:
177 295.14 Penalties.—
178 (1) When the Public Employees Relations Commission, after a
179 hearing on notice conducted according to rules adopted by the
180 commission, determines that a violation of s. 295.07, s. 295.08,
181 s. 295.085, or s. 295.09(1)(a) or (b) has occurred and sustains
182 the veteran seeking redress, the commission shall order the
183 offending agency, employee, or officer of the state to comply
184 with
the provisions of
s. 295.07, s. 295.08, s. 295.085, or s.
185 295.09(1)(a) or (b); and, in the event of a violation of s.
186 295.07, s. 295.08, s. 295.085, or s. 295.09(1)(a) or (b), the
187 commission may issue an order to compensate the veteran for the
188 loss of any wages and reasonable
attorney

attorney’s
fees for
189 actual hours worked, and costs of all work, including
190 litigation, incurred as a result of such violation, which order
191 shall be conclusive on the agency, employee, or officer
192 concerned. The
attorney

attorney’s
fees and costs may not exceed
193 $10,000. The
final order must be issued by

action of
the
194 commission
in accordance with ss. 120.569 and 120.57

shall be in

195
writing and shall be served on the parties concerned by

196
certified mail with return receipt requested
.
197 Section 5. Section 447.203, Florida Statutes, is reordered
198 and amended to read:
199 447.203 Definitions.—As used in this part:
200
(6)
(1)
“Commission” means the Public Employees Relations
201 Commission created by s. 447.205.
202
(17)
(2)
“Public employer” or “employer” means the state or
203 any county, municipality, or special district or any subdivision
204 or agency thereof which the commission determines has sufficient
205 legal distinctiveness properly to carry out the functions of a
206 public employer. With respect to all public employees determined
207 by the commission as properly belonging to a statewide
208 bargaining unit composed of State Career Service System
209 employees or Selected Professional Service employees, the
210 Governor is deemed to be the public employer; and the Board of
211 Governors of the State University System, or the board’s
212 designee, is deemed to be the public employer with respect to
213 all public employees of each constituent state university. The
214 board of trustees of a community college is deemed to be the
215 public employer with respect to all employees of the community
216 college. The district school board is deemed to be the public
217 employer with respect to all employees of the school district.
218 The Board of Trustees of the Florida School for the Deaf and the
219 Blind is deemed to be the public employer with respect to the
220 academic and academic administrative personnel of the Florida
221 School for the Deaf and the Blind. The Governor is deemed to be
222 the public employer with respect to all employees in the
223 Correctional Education Program of the Department of Corrections
224 established pursuant to s. 944.801.
225
(16)
(3)
“Public employee” means any person employed by a
226 public employer except:
227 (a) Those persons appointed by the Governor or elected by
228 the people, agency heads, and members of boards and commissions.
229 (b) Those persons holding positions by appointment or
230 employment in the organized militia.
231 (c) Those individuals acting as negotiating representatives
232 for employer authorities.
233 (d) Those persons who are designated by the commission as
234 managerial or confidential employees pursuant to criteria
235 contained herein.
236 (e) Those persons holding positions of employment with the
237 Florida Legislature.
238 (f) Those persons who have been convicted of a crime and
239 are inmates confined to institutions within the state.
240 (g) Those persons appointed to inspection positions in
241 federal/state fruit and vegetable inspection service whose
242 conditions of appointment are affected by the following:
243 1. Federal license requirement.
244 2. Federal autonomy regarding investigation and
245 disciplining of appointees.
246 3. Frequent transfers due to harvesting conditions.
247 (h) Those persons employed by the Public Employees
248 Relations Commission.
249 (i) Those persons enrolled as undergraduate students in a
250 state university who perform part-time work for the state
251 university.
252
(12)
(4)
“Managerial employees”
means

are
those employees
253 who:
254 (a) Perform jobs that are not of a routine, clerical, or
255 ministerial nature and require the exercise of independent
256 judgment in the performance of such jobs and to whom one or more
257 of the following applies:
258 1. They formulate or assist in formulating policies which
259 are applicable to bargaining unit employees.
260 2. They may reasonably be required on behalf of the
261 employer to assist in the preparation for the conduct of
262 collective bargaining negotiations.
263 3. They have a role in the administration of agreements
264 resulting from collective bargaining negotiations.
265 4. They have a significant role in personnel
266 administration.
267 5. They have a significant role in employee relations.
268 6. They are included in the definition of administrative
269 personnel contained in s. 1012.01(3).
270 7. They have a significant role in the preparation or
271 administration of budgets for any public agency or institution
272 or subdivision thereof.
273 (b) Serve as police chiefs, fire chiefs, or directors of
274 public safety of any police, fire, or public safety department.
275 Other police officers, as defined in s. 943.10(1), and
276 firefighters, as defined in s. 633.102, may be determined by the
277 commission to be managerial employees of such departments. In
278 making such determinations, the commission shall consider, in
279 addition to the criteria established in paragraph (a), the
280 paramilitary organizational structure of the department
281 involved.
282
283 However, in determining whether an individual is a managerial
284 employee pursuant to paragraph (a) or paragraph (b),
above,
the
285 commission may consider historic relationships of the employee
286 to the public employer and to coemployees.
287
(7)
(5)
“Confidential employees”
means

are
persons who act
288 in a confidential capacity to assist or aid managerial employees
289 as defined in subsection
(12)

(4)
.
290
(21)
(6)
“Strike” means the concerted failure of employees
291 to report for duty; the concerted absence of employees from
292 their positions; the concerted stoppage of work by employees;
293 the concerted submission of resignations by employees; the
294 concerted abstinence in whole or in part by any group of
295 employees from the full and faithful performance of the duties
296 of employment with a public employer for the purpose of
297 inducing, influencing, condoning, or coercing a change in the
298 terms and conditions of employment or the rights, privileges, or
299 obligations of public employment, or participating in a
300 deliberate and concerted course of conduct which adversely
301 affects the services of the public employer; the concerted
302 failure of employees to report for work after the expiration of
303 a collective bargaining agreement; and picketing in furtherance
304 of a work stoppage. The term
includes

“strike” shall also mean

305 any overt preparation, including, but not limited to, the
306 establishment of strike funds with regard to the
above-listed

307 activities
listed in this subsection
.
308
(22)
(7)
“Strike funds”
means

are
any appropriations by an
309 employee organization which are established to directly or
310 indirectly aid any employee or employee organization to
311 participate in a strike in the state.
312
(2)
(8)
“Bargaining unit” means either that unit determined
313 by the commission, that unit determined through local
314 regulations
adopted

promulgated
pursuant to s. 447.603, or that
315 unit determined by the public employer and the public employee
316 organization and approved by the commission to be appropriate
317 for the purposes of collective bargaining. However, no
318 bargaining unit shall be defined as appropriate which includes
319 employees of two employers that are not departments or divisions
320 of the state, a county, a municipality, or other political
321 entity.
322
(3)
(9)
“Chief executive officer” for the state
means

shall

323
mean
the Governor and for other public employers
means

shall

324
mean
the person, whether elected or appointed, who is
325 responsible to the legislative body of the public employer for
326 the administration of the governmental affairs of the public
327 employer.
328
(11)
(10)
“Legislative body” means the State Legislature,
329 the board of county commissioners, the district school board,
330 the governing body of a municipality, or the governing body of
331 an instrumentality or unit of government having authority to
332 appropriate funds and establish policy governing the terms and
333 conditions of employment and which, as the case may be, is the
334 appropriate legislative body for the bargaining unit. For
335 purposes of s. 447.403, the Board of Governors of the State
336 University System, or the board’s designee, shall be deemed to
337 be the legislative body with respect to all employees of each
338 constituent state university. For purposes of s. 447.403
,
the
339 board of trustees of a community college shall be deemed to be
340 the legislative body with respect to all employees of the
341 community college.
342
(8)
(11)
“Employee organization” or “organization” means any
343 labor organization, union, association, fraternal order,
344 occupational or professional society, or group, however
345 organized or constituted, which represents, or seeks to
346 represent, any public employee or group of public employees
347 concerning any matters relating to their employment relationship
348 with a public employer.
349
(9)

“Employee organization activities” means activities

350
undertaken at the direction of, on behalf of, or to advance the

351
purposes of an employee organization or any parent organization

352
or affiliate of the employee organization by doing any of the

353
following:

354
(a)

Supporting or opposing a candidate for federal, state,

355
or local public office.

356
(b)

Influencing the passage or defeat of any federal or

357
state legislation or regulation, local ordinance or resolution,

358
or ballot measure.

359
(c)

Promoting or soliciting membership or participation in,

360
or financial support of, an employee organization or any parent

361
organization or affiliate of the employee organization.

362
(d)

Seeking certification as a bargaining agent.

363
(e)

Participating in the administration, business, or

364
internal governance of an employee organization or any parent

365
organization or affiliate of the employee organization.

366
(f)

Preparing, conducting, or attending employee

367
organization events, conferences, conventions, meetings, or

368
trainings, unless such training is directly related to the

369
performance of a public employee’s job duties.

370
(g)

Distributing communications of an employee organization

371
or any parent organization or affiliate of the employee

372
organization.

373
(h)

Representing or speaking on behalf of an employee

374
organization or any parent organization or affiliate of the

375
employee organization in any setting, venue, or procedure in

376
which the public employer is not a participant.

377
(i)

Preparing, filing, or pursuing unfair labor practice

378
charges or grievances.

379
(j)

Representing public employees in investigatory

380
interviews; disciplinary proceedings or appeals, including

381
termination; or other administrative or legal proceedings.

382
(k)

Engaging in collective bargaining and any related

383
mediation, factfinding, or arbitration.

384
(l)

Administering a collective bargaining agreement.

385
(m)

Participating in labor-management committees.

386
(1)
(12)
“Bargaining agent” means the employee organization
387
that

which
has been certified by the commission as representing
388 the employees in the bargaining unit, as provided in s. 447.307,
389 or its representative.
390
(13)

“Membership dues” means any amount a member is

391
required to pay in exchange for membership in an employee

392
organization, including, but not limited to, employee

393
organization dues; uniform assessments; or fees, including

394
initiation fees.

395
(15)
(13)
“Professional employee” means:
396 (a) Any employee engaged in work in any two or more of the
397 following categories:
398 1. Work predominantly intellectual and varied in character
399 as opposed to routine mental, manual, mechanical, or physical
400 work
.
;

401 2. Work involving the consistent exercise of discretion and
402 judgment in its performance
.
;

403 3. Work of such a character that the output produced or the
404 result accomplished cannot be standardized in relation to a
405 given period of time
.
; and

406 4. Work requiring advanced knowledge in a field of science
407 or learning customarily acquired by a prolonged course of
408 specialized intellectual instruction and study in an institution
409 of higher learning or a hospital, as distinguished from a
410 general academic education, an apprenticeship, or training in
411 the performance of routine mental or physical processes.
412 (b) Any employee who:
413 1. Has completed the course of specialized intellectual
414 instruction and study described in subparagraph
(a)4.

4. of

415
paragraph (a); and

416 2. Is performing related work under supervision of a
417 professional person to qualify to become a professional employee
418 as defined in paragraph (a).
419
(5)
(14)
“Collective bargaining” means the performance of
420 the mutual obligations of the public employer and the bargaining
421 agent of the employee organization to meet at reasonable times,
422 to negotiate in good faith, and to execute a written contract
423 with respect to agreements reached concerning the terms and
424 conditions of employment, except that neither party shall be
425 compelled to agree to a proposal or be required to make a
426 concession unless otherwise provided in this part.
427
(14)
(15)
“Membership dues deduction” means the practice
by

428
of
a public employer of deducting
membership
dues
and uniform

429
assessments
from the salary or wages of a public employee
and
.

430
Such term also means the practice of a public employer of

431 transmitting the sums so deducted to
an

such
employee
432 organization
on behalf of the public employee
.
433
(4)
(16)
“Civil service” means any career, civil, or merit
434 system used by any public employer.
435
(10)
(17)
“Good faith bargaining”
means

shall mean
, but
is

436 not
be
limited to, the willingness of both parties to meet at
437 reasonable times and places, as mutually agreed upon, in order
438 to discuss issues
that

which
are proper subjects of bargaining,
439 with the intent of reaching a common accord.
The term includes

440
It shall include
an obligation for both parties to participate
441 actively in the negotiations with an open mind and a sincere
442 desire, as well as making a sincere effort, to resolve
443 differences and come to an agreement. In determining whether a
444 party failed to bargain in good faith, the commission shall
445 consider the total conduct of the parties during negotiations as
446 well as the specific incidents of alleged bad faith. Incidents
447 indicative of bad faith
shall
include, but not be limited to,
448 the following occurrences:
449 (a) Failure to meet at reasonable times and places with
450 representatives of the other party for the purpose of
451 negotiations.
452 (b) Placing unreasonable restrictions on the other party as
453 a prerequisite to meeting.
454 (c) Failure to discuss
proper subjects of bargaining

455
bargainable issues
.
456 (d) Refusing, upon reasonable written request, to provide
457 public information, excluding work products as defined in s.
458 447.605.
459 (e) Refusing to negotiate because of an unwanted person on
460 the opposing negotiating team.
461 (f) Negotiating directly with employees rather than with
462 their
certified
bargaining agent.
463 (g) Refusing to reduce a total agreement to writing.
464
(18)

“Public safety unit” means a bargaining unit in which

465
the majority of the public employees are employed as a law

466
enforcement officer, correctional officer, or correctional

467
probation officer, as those terms are defined in s. 943.10(1),

468
(2), or (3), respectively; a firefighter as defined in s.

469
633.102(9); a 911 public safety telecommunicator as defined in

470
s. 401.465(1); or an emergency medical technician or a

471
paramedic, as those terms are defined in s. 401.23.

472
(19)

“Representational employee organization activities”

473
means those activities specified in paragraphs (9)(i)-(m).

474
(20)

“Showing of interest” means written statements signed

475
and dated by public employees in a proposed or existing

476
bargaining unit indicating the desire of the public employees

477
either to be represented by the employee organization for

478
purposes of collective bargaining or to no longer be represented

479
by the bargaining agent for purposes of collective bargaining.

480
(23)
(18)
“Student representative” means the representative
481 selected by each community college or university student
482 government association. Each representative may be present at
483 all negotiating sessions that take place between the appropriate
484 public employer and
a

an exclusive
bargaining agent. The
485 representative must be enrolled as a student with at least 8
486 credit hours in the respective community college or university
487 during his or her term as student representative.
488 Section 6. Subsection (8) of section 447.205, Florida
489 Statutes, is amended to read:
490 447.205 Public Employees Relations Commission.—
491 (8) The commission shall have a seal for authentication of
492 its orders and proceedings, upon which shall be inscribed the
493 words
“State of Florida-Public Employees Relations Commission”

494
“State of Florida—Employees Relations Commission—
and which shall
495 be judicially noticed.
496 Section 7. Subsections (4), (5), (6), and (12) of section
497 447.207, Florida Statutes, are amended to read:
498 447.207 Commission; powers and duties.—
499 (4) Any subpoena
, notice of hearing, or other process or

500
notice of the commission
issued under
the provisions of
this
501 part
must either

shall
be served
personally or
by certified
502 mail
, return receipt requested, or be served personally by any

503
person specified by law to serve process or by any person who is

504
not a party and who is 18 years of age or older. When certified

505
mail is used, a returned post office receipt constitutes proof

506
of service. When personal service is used, if the subpoena is

507
not served by a person specified by law to serve process, an

508
affidavit of the person making service constitutes proof of

509
service
.
A return made and verified by the individual making

510
such service and setting forth the manner of such service is

511
proof of service, and a returned post office receipt, when

512
certified mail is used, is proof of service. All process of any

513
court to which application may be made under the provisions of

514
this part shall be served in the county wherein the persons

515
required to be served reside or may be found.

516 (5) The commission shall adopt rules as to the
517 qualifications of persons who may serve as
mediators and
special
518 magistrates and shall maintain
a list

lists
of such qualified
519 persons who are not employees of the commission. The commission
520 may initiate dispute resolution procedures by special
521 magistrates
,
pursuant to
the provisions of
this part.
522 (6) Pursuant to its established procedures, the commission
523 shall resolve questions and controversies concerning claims for
524 recognition as the bargaining agent for a bargaining unit,
525 determine or approve units appropriate for purposes of
526 collective bargaining, expeditiously process charges of unfair
527 labor practices and violations of s. 447.505 by public
528 employees, and resolve such other questions and controversies as
529 it may be authorized herein to undertake. The petitioner,
530 charging party, respondent, and any intervenors shall be the
531 adversary parties before the commission in any adjudicatory
532 proceeding conducted pursuant to this part. Any commission
533 statement of general applicability that implements, interprets,
534 or prescribes law or policy, made in the course of adjudicating
535 a case pursuant to s. 447.307 or s. 447.503
does

shall
not
536 constitute a rule within the meaning of s. 120.52.
537 (12) Upon a petition by a public employer after it has been
538 notified by the Department of Labor that the public employer’s
539 protective arrangement covering mass transit employees does not
540 meet the requirements of 49 U.S.C. s. 5333(b) and would
541 jeopardize the
public
employer’s continued eligibility to
542 receive Federal Transit Administration funding, the commission
543 may waive
the application of this part
,
but only
to the extent
544 necessary for the public employer to comply with
the

545
requirements of
49 U.S.C. s. 5333(b)
, any of the following for

546
an employee organization that has been certified as a bargaining

547
agent to represent mass transit employees:

548
(a)

The prohibition on dues and assessment deductions

549
provided in s. 447.303(1) as it applies to a mass transit

550
employee who has provided a copy of his or her membership

551
authorization form to the employer as part of the authorization

552
of dues deduction under a waiver.

553
(b)

The requirement to petition the commission for

554
recertification.

555
(c)

The revocation of certification provided in s.

556
447.305(6) and (7)
.
557 Section 8. Paragraph (b) of subsection (1) and subsection
558 (2) of section 447.301, Florida Statutes, are amended to read:
559 447.301 Public employees’ rights; organization and
560 representation.—
561 (1)
562 (b)1. A public employee who desires to be a member of an
563 employee organization must sign and date a membership
564 authorization form, as prescribed by the commission, and submit
565 the executed form to the bargaining agent.
566 2. The membership authorization form must identify the name
567 of the bargaining agent; the name of the employee; the class
568 code and class title of the employee; the name of the public
569 employer and employing agency, if applicable; the amount of the
570
membership

initiation fee and of the monthly
dues which the
571
public employee

member
must pay; and the
names

name
and
amounts

572
total amount of salary, allowances, and other direct or indirect

573
disbursements, including reimbursements, paid to each of the

574
five highest compensated officers and employees of the employee

575
organization
disclosed under s. 447.305(2)(d)
for the officers

576
and employees receiving the five highest total dollar amounts
.
577 3. The membership authorization form must contain the
578 following statement in 14-point type:
579
580
As a public employee in
the State of Florida
,

is a

581
right-to-work state.
membership or
nonmembership

non

582
membership
in a labor union is not required as a
583 condition of employment
.
, and
Union membership and
584 payment of
membership

union
dues
and assessments
are
585 voluntary.
A public employee’s

Each person has the

586 right to join and pay
membership
dues to a labor union
587 or to refrain from joining and paying
membership
dues
588 to a labor union
is protected by both Florida’s right

589
to-work law and the First Amendment of the United

590
States Constitution
.
A public employer may not

591
discriminate against a public

No
employee
may be

592
discriminated against in any manner
for joining and
593 financially supporting
,

a labor union
or
for
refusing
594 to join
and

or
financially support
,
a labor union.
595
596 4. A public employee may revoke membership in the employee
597 organization at any time
of the year
.
Within 30 days after

Upon

598 receipt of the
public
employee’s written revocation of
599 membership, the employee organization must revoke
the

a
public
600 employee’s membership
and cease collection of membership dues

601
for such public employee
. The employee organization may not
602 limit
a public

an
employee’s right to revoke membership to
603 certain dates. If a public employee must complete a form to
604 revoke membership in the employee organization, the form may not
605 require a reason for the public employee’s decision to revoke
606 his or her membership.
607 5. An employee organization must retain for inspection by
608 the commission such membership authorization forms and any
609 revocations
. A membership authorization form is valid if it

610
m
e
et
s
the requirements in law at the time it was signed by the

611
employee and
if
the employee
’s membership
has not
been

612
subsequently revoked
.
613 6. This paragraph does not apply to
public employees in

614
public safety units

members of a bargaining unit the majority of

615
whose employees eligible for representation are employed as law

616
enforcement officers, correctional officers, or correctional

617
probation officers as those terms are defined in s. 943.10(1),

618
(2), or (3), respectively; firefighters as defined in s.

619
633.102; 911 public safety telecommunicators as defined in s.

620
401.465(1)(a); or emergency medical technicians or paramedics as

621
defined in s. 401.23
.
622 7. The commission may adopt rules to implement this
623 paragraph.
624 (2) Public employees
shall
have the right to be represented
625 by any employee organization of their own choosing and to
626 negotiate collectively, through a
certified
bargaining agent,
627 with their public employer in the determination of the terms and
628 conditions of their employment. Public employees
shall
have the
629 right to be represented in the determination of grievances on
630 all terms and conditions of their employment. Public employees
631
shall
have the right to refrain from exercising the right to be
632 represented.
633 Section 9. Section 447.303, Florida Statutes, is amended to
634 read:
635 447.303
Membership
dues; deduction and collection.—
636 (1) Except as authorized in subsection (2) or subject to a
637 waiver
of the prohibition on membership dues deduction
granted
638 pursuant to
s. 447.207(12), a public employer may not engage in

639
membership dues deduction on behalf of

s. 447.207(12)(a),
an
640 employee organization
that has been certified as a bargaining

641
agent may not have its dues and uniform assessments deducted and

642
collected by the employer from the salaries of those employees

643
in the unit
. A public employee may pay
membership
dues
and

644
uniform assessments
directly to the employee organization
, any

645
parent organization of the employee organization,
or
any

646
affiliate of either the employee organization or the parent

647
organization

that has been certified as the bargaining agent
.
648 (2)(a)
Upon the written authorization of a public employee

649
in a public safety unit, the public employer must engage in

650
membership dues deduction for such public employee. A public

651
employee may revoke his or her authorization for membership dues

652
deduction upon providing 30 days’ written notice to the public

653
employer and bargaining agent

An employee

organization that has

654
been certified as a bargaining agent to represent a bargaining

655
unit the majority of whose employees eligible for representation

656
are employed as law enforcement officers, correctional officers,

657
or correctional probation officers as those terms are defined in

658
s. 943.10(1), (2), or (3), respectively; firefighters as defined

659
in s. 633.102; 911 public safety telecommunicators as defined in

660
s. 401.465(1)(a); or emergency medical technicians or paramedics

661
as defined in s. 401.23 has the right to have its dues and

662
uniform assessments for that bargaining unit deducted and

663
collected by the employer from the salaries of those employees

664
who authorize the deduction and collection of said dues and

665
uniform assessments. However, such authorization is revocable at

666
the employee’s request upon 30 days’ written notice to the

667
employer and employee organization. Said deductions shall

668
commence upon the bargaining agent’s written request to the

669
employer
.
670 (b) Reasonable costs to the
public
employer of
engaging in

671
membership dues

said
deductions is a proper subject of
672 collective bargaining.
673 (c)
The requirement to engage in membership dues deductions

674
Such right to deduction
, unless revoked under s. 447.507, is in
675 force
as

for so
long as the
employee organization remains the

676
certified
bargaining agent
remains certified to represent

for

677 the
public
employees in the
bargaining
unit.
678 (3) The public employer is expressly prohibited from any
679 involvement in the collection of fines, penalties, or special
680 assessments.
681 Section 10. Section 447.305, Florida Statutes, is amended
682 to read:
683 447.305 Registration of employee
organizations

684
organization
.—
685 (1) Every employee organization seeking to become a
686
certified
bargaining agent for public employees shall register
687 with the commission
before

pursuant to the procedures set forth

688
in s. 120.60 prior to requesting recognition by a public

689
employer for purposes of collective bargaining and prior to

690 submitting a
certification, recertification, or unit

691
clarification
petition
to the commission requesting

692
certification as an exclusive bargaining agent
.
Further,
If
an

693
such
employee organization is not registered, it may not
694 participate in a
certification, recertification, or unit

695
clarification

representation
hearing
;
,
participate in a
696
certification or recertification

representation
election
;
,
or be
697 certified as
a

an exclusive
bargaining agent. The application
698 for registration required by this section
must

shall
be under
699 oath and in such form as the commission may prescribe
,
and
must

700
shall
include
all of the following
:
701 (a) The name and address of the organization and
of
any
702 parent organization or
affiliate of the employee
organization
703
with which it is affiliated
.
704 (b) The names and addresses of the principal officers and
705 all representatives of the organization.
706 (c) The amount
of the initiation fee and the amount
and
707 collection frequency of the
membership
dues
and uniform

708
assessments
that a member
of the organization
must pay.
709 (d) The current annual financial statement of the
710 organization, prepared by an independent certified public
711 accountant licensed under chapter 473.
712 (e) The name of its business agent, if any; if different
713 from the business agent, the name of its local agent for service
714 of process; and the addresses where such person or persons can
715 be reached.
716 (f) A pledge, in a form prescribed by the commission, that
717 the employee organization will conform to the laws of
this

the

718 state and that it will accept members without regard to age,
719 race, sex, religion, or national origin.
720 (g) A copy of the current constitution and bylaws of the
721 employee organization.
722 (h) A copy of the current constitution and bylaws of the
723 state and national groups with which the employee organization
724 is affiliated or associated. In lieu of this provision, and upon
725 adoption of a rule by the commission, a state or national
726 affiliate or parent organization of any registering
employee

727
labor
organization may annually submit a copy of its current
728 constitution and bylaws.
729 (2) A registration granted to an employee organization
730 pursuant to this section runs for 1 year
after

from
the date of
731 issuance. A registration must be renewed annually by filing an
732 application for renewal under oath with the commission, which
733 application must reflect any changes in the information provided
734 to the commission in conjunction with the employee
735 organization’s preceding application for registration or
736 previous renewal, whichever is applicable. Each application for
737 renewal of registration must include a current annual financial
738 statement, prepared by an independent certified public
739 accountant licensed under chapter 473 and signed by the employee
740 organization’s president and treasurer or corresponding
741 principal officers, containing the following information in such
742 detail as may be necessary
to
accurately
to
disclose its
743 financial condition and operations for its preceding fiscal year
744 and in
all of the following

such
categories as
prescribed by
the
745 commission
may prescribe
:
746 (a) Assets and liabilities at the beginning and end of the
747 fiscal year
.
;

748 (b) Receipts of any kind and the sources thereof
.
;

749 (c) Disbursements by category
.
;

750 (d) Salary,
wages, fringe benefits,
allowances, and other
751 direct or indirect disbursements, including reimbursed expenses,
752
paid or accruing
to each
of its officers

officer
and also to
753 each
of its employees

employee
who, during such fiscal year,
754 received more than $10,000 in the aggregate from such employee
755 organization and any
parent organization of the

other
employee
756 organization
or any affiliate of either the employee

757
organization or the parent organization. This paragraph requires

758
reporting of any reimbursements paid by the employee

759
organization to a public employer for moneys paid by the public

760
employer to the employee organization’s officers or employees.

761
affiliated with it or with which it is affiliated or which is

762
affiliated with the same national or international employee

763
organization;

764 (e) Direct and indirect loans made to any
of its officers

765
officer
,
employees

employee
, or
members

member
which aggregated
766 more than $250 during the fiscal year, together with a statement
767 of the purpose, security, if any, and arrangements for
768 repayment
.
; and

769 (f) Direct and indirect loans to any business enterprise,
770 together with a statement of the purpose, security, if any, and
771 arrangements for repayment.
772
(g)

The amount of membership dues retained by or

773
distributed to the employee organization, any parent

774
organization of the employee organization, and any affiliate of

775
either the employee organization or the parent organization.

776 (3)
As part of its application for renewal of registration,

777
a

In addition to subsection (2), an employee organization that

778
has been certified as the
bargaining agent
for public employees

779 must include
all of

for each such certified bargaining unit
the
780 following information
and documentation
as of the 30th day
781 immediately preceding the date upon which its current
782 registration is scheduled to end
for any renewal of registration

783
on or after October 1, 2023
:
784
(a)

For each bargaining unit for which the bargaining agent

785
is certified, the certification number assigned to the

786
bargaining unit by the commission.

787
(b)
(a)

For each certification,
the number of
public

788 employees in the bargaining unit
who are eligible for

789
representation by the employee organization
.
790
(c)

For each certification, the number of public employees

791
in the bargaining unit who paid full membership dues sufficient

792
to maintain membership in good standing in the bargaining agent.

793
(d)
(b)

For each certification,
the number of
public

794 employees in the bargaining unit who have submitted signed
795 membership authorization forms without a subsequent revocation
796 of such membership.
797
(c)

The number of employees in the bargaining unit who paid

798
dues to the employee organization.

799
(d)

The number of employees in the bargaining unit who did

800
not pay dues to the employee organization.

801 (e)
An agreed-upon procedures report performed

802
Documentation provided
by an independent certified public
803 accountant retained by the employee organization
which verifies

804
to assist in determining the accuracy of
the information
805 provided in paragraphs
(b), (c), and (d)

(a)-(d)
.
The agreed

806
upon procedures must be conducted in accordance with attestation

807
standards established by the American Institute of Certified

808
Public Accountants.

809 (4)
Within 30 days after filing an application for renewal

810
of registration with the commission,
the employee organization
811 must provide a copy of its application
for renewal of

812
registration relating to a public employer’s employees
to the
813 public employer
and public employees of each bargaining unit for

814
which the employee organization is the bargaining agent

on the

815
same day the application is submitted to the commission
.
816 (5)
An application for renewal of registration is

817
incomplete and is not eligible for consideration by
The
818 commission
must notify the bargaining agent
if
it does not

819
include all of
the information
and documentation
required in
820 subsection (3)
is incomplete
.
The bargaining agent must provide

821
the missing information to the commission within 30 days after

822
such notification. If the bargaining agent fails to provide the

823
missing information within 30 days after notification, the

824
commission must dismiss the application

The commission shall

825
notify the employee organization if the application is

826
incomplete. An incomplete application must be dismissed if the

827
required information and documentation are not provided within

828
10 days after the employee organization receives such notice
.
829 (6)
The commission must notify the bargaining agent when

830
the information required in subsection (3) is complete. Within

831
30 days after such notification, the bargaining agent must

832
petition for recertification pursuant to s. 447.307 for each of

833
its bargaining units

Notwithstanding the provisions of this

834
chapter relating to collective bargaining, an employee

835
organization certified as a bargaining agent to represent a

836
bargaining unit
for which less than 60 percent of the
public

837
unit
employees
in the bargaining unit
have submitted membership
838 authorization forms without subsequent revocation and paid
839
membership
dues to the organization
, as reported under

840
subsection (3)

during its last registration period must petition

841
the commission pursuant to s. 447.307(2) and (3) for

842
recertification as the exclusive representative of all employees

843
in the bargaining unit within 30 days after the date on which

844
the employee organization applies for renewal of registration

845
pursuant to subsection (2). The certification of an employee

846
organization that does not comply with this section is revoked
.
847 (7)
If
the public employer or a
public employee of a

848 bargaining unit
represented by a bargaining agent believes that

849
the bargaining agent’s

employee may challenge an employee

850
organization’s
application for renewal of registration
is

851
materially inaccurate,

if
the public employer or
public

852
bargaining unit
employee
may challenge

believes that
the
853 application
as materially

is
inaccurate
during the pendency of

854
the application or, if the registration renewal has been

855
granted, before the date upon which the bargaining agent’s

856
current registration is scheduled to end
.
If a challenge is

857
filed,
the commission or one of its designated agents
must

858
conduct an investigation pursuant to subsection (8)

shall review

859
the application to determine its accuracy and compliance with

860
this section. If the commission finds that the application is

861
inaccurate or does not comply with this section, the commission

862
shall revoke the registration and certification of the employee

863
organization
.
864 (8) The commission
or one of its designated agents
may
865 conduct an investigation to confirm the validity of any
866 information submitted pursuant to this section. The commission
867 may revoke or deny an employee organization’s registration or
868 certification if it finds that the employee organization:
869 (a) Failed to cooperate with the investigation conducted
870 pursuant to this subsection, including refusal to permit the
871 commission
or one of its designated agents
to inspect membership
872 authorization forms or revocations pursuant to s.
873 447.301(1)(b)5.; or
874 (b) Intentionally misrepresented the information it
875 submitted pursuant to this section.
876
877
A decision issued by the commission pursuant to this subsection

878
is a final agency action that is reviewable pursuant to s.

879
447.504.

880 (9) An employee organization is exempt from the
881 requirements of subsections (3)-(8)
and (12) for each public

882
safety unit it represents

only with respect to the circumstances

883
of each bargaining unit the majority of whose employees eligible

884
for representation are employed as law enforcement officers,

885
correctional officers, or correctional probation officers as

886
those terms are defined in s. 943.10(1), (2), or (3),

887
respectively; firefighters as defined in s. 633.102; 911 public

888
safety telecommunicators as defined in s. 401.465(1)(a); or

889
emergency medical technicians or paramedics as defined in s.

890
401.23
.
891 (10) A registration fee
must

shall
accompany each
892 application
for registration or renewal of registration
filed
893 with the commission. The
registration fee may

amount charged for

894
an application for registration or renewal of registration shall

895 not exceed $15. All such money collected by the commission shall
896 be deposited in the General Revenue Fund.
897 (11) Every employee organization shall keep accurate
898 accounts of its income and expenses, which accounts
must

shall

899 be open for inspection at
a

all
reasonable
time and place

times

900 by any member of the organization or by the commission.
In

901
addition, each employee organization that has been certified as

902
a bargaining agent must provide to its members an annual

903
financial report prepared by an independent certified public

904
accountant licensed under chapter 473 that includes a detailed

905
breakdown of revenues and expenditures in such categories as the

906
commission may prescribe, and an accounting of membership dues

907
and assessments. The employee organization must notify its

908
members annually of all costs of membership.

909
(12)

The certification of an employee organization that

910
does not comply with this section is revoked. An employee

911
organization that has its certification revoked under this

912
subsection may not file a petition for certification under s.

913
447.307 which covers any of the public employees in the

914
bargaining unit described in the revoked certification for at

915
least 12 months after the date the certification was revoked.

916
(13)

A decision issued by the commission under this section

917
is a final agency action that is reviewable pursuant to s.

918
447.504.

919 Section 11. Section 447.307, Florida Statutes, is amended
920 to read:
921 447.307 Certification
and recertification
of employee
922
organizations

organization
.—
923 (1)(a)
An

Any
employee organization
seeking certification

924
or recertification as a bargaining agent must file a petition

925
with the commission accompanied by a showing of interest from at

926
least 30 percent of the public employees in the proposed or

927
existing bargaining unit. The showing of interest statements

928
must be signed and dated by the public employees not more than

929
12 months before the filing of

which is designated or selected

930
by a majority of public employees in an appropriate unit as

931
their representative for purposes of collective bargaining shall

932
request recognition by the public employer. The public employer

933
shall, if satisfied as to the majority status of the employee

934
organization and the appropriateness of the proposed unit,

935
recognize the employee organization as the collective bargaining

936
representative of employees in the designated unit. Upon

937
recognition by a public employer, the employee organization

938
shall immediately petition the commission for certification. The

939
commission shall review only the appropriateness of the unit

940
proposed by the employee organization. If the unit is

941
appropriate according to the criteria used in this part, the

942
commission shall immediately certify the employee organization

943
as the exclusive representative of all employees in the unit. If

944
the unit is inappropriate according to the criteria used in this

945
part, the commission may dismiss
the petition.
946
(b)

Whenever a public employer recognizes an employee

947
organization on the basis of majority status and on the basis of

948
appropriateness in accordance with subparagraph (4)(f)5., the

949
commission shall, in the absence of inclusion of a prohibited

950
category of employees or violation of s. 447.501, certify the

951
proposed unit.

952
(b)
(2)

A

If the public employer refuses to recognize the

953
employee organization, the employee organization may file a

954
petition with the commission for certification as the bargaining

955
agent for a proposed bargaining unit. The petition shall be

956
accompanied by dated statements signed by at least 30 percent of

957
the employees in the proposed unit, indicating that such

958
employees desire to be represented for purposes of collective

959
bargaining by the petitioning employee organization. Once a

960
petition for certification has been filed by an employee

961
organization, any
registered employee organization desiring
962 placement on the ballot in any
certification or recertification

963 election to be conducted pursuant to this section may be
964 permitted by the commission to intervene in the proceeding upon
965
a
motion accompanied by
a showing of interest from

dated

966
statements signed by
at least 10 percent of the
public
employees
967 in the proposed
or existing bargaining
unit
, indicating that

968
such employees desire to be represented for the purposes of

969
collective bargaining by the moving employee organization
. The
970
showing of interest

petitions and dated
statements
must be

971 signed
and dated
by the
public
employees
not more than 12 months

972
before the filing of the petition.

973
(c)

The showing of interest is

are
confidential and exempt
974 from
the provisions of
s. 119.07(1), except that any
public

975 employee,
public
employer, or employee organization having
976 sufficient reason to believe
that the showing of interest was

977
any of the employee signatures were
obtained by collusion,
978 coercion, intimidation, or misrepresentation or
is

are
otherwise
979 invalid shall be given a reasonable opportunity to verify and
980 challenge the
showing of interest

signatures appearing on the

981
petition
.
982
(d)

Notwithstanding paragraph (b), if any employees in the

983
proposed unit are included in a bargaining unit for which there

984
is a bargaining agent currently certified by the commission,

985
such bargaining agent will be automatically added as a party to

986
the case and may appear on the ballot without being required to

987
file a motion to intervene or a showing of interest.

988
(2)(a)

A certification petition may not be filed regarding

989
any proposed or existing bargaining unit within 12 months after

990
the date the commission issues an order that verifies the

991
results of a certification, recertification, or decertification

992
election covering any of the public employees in the proposed or

993
existing bargaining unit.

994
(b)

If a valid collective bargaining agreement covering any

995
of the public employees in a proposed or existing bargaining

996
unit is in effect, a certification petition may only be filed

997
with the commission at least 90 but not more than 150 days

998
immediately preceding the expiration date of the collective

999
bargaining agreement, or at any time subsequent to such

1000
agreement’s expiration date but before the effective date of a

1001
new collective bargaining agreement. The effective date of a

1002
collective bargaining agreement is the date of ratification of

1003
such agreement by both parties if such agreement becomes

1004
effective immediately or retroactively, or the collective

1005
bargaining agreement’s actual effective date if such agreement

1006
becomes effective after its ratification date.

1007 (3)
(a)
The commission or one of its designated agents shall
1008 investigate
a certification or recertification

the
petition to
1009 determine its sufficiency
; if it has reasonable cause to believe

1010
that the petition is sufficient, the commission shall provide

1011
for an appropriate hearing upon due notice. Such a hearing may

1012
be conducted by an agent of the commission
. If the commission
1013 finds
that
the petition
is

to be
insufficient,
the commission

1014
must

it may
dismiss the petition. If the commission finds
upon

1015
the record of the hearing
that the petition is sufficient,
the

1016
commission must

it shall immediately
:
1017
(a)
1.
Define the proposed
or existing
bargaining unit and
1018 determine which public employees
are

shall be
qualified and
1019 entitled to vote at any election held by the commission.
Upon

1020
providing due notice, the commission may provide for a hearing.

1021
(b)
Conduct elections by mail, on site, or by any combined

1022
method ordered or approved by the commission.

1023
1.
In determining the method of election and timing, the

1024
commission shall consider all of the following factors:

1025
a
. The number of eligible voters in the bargaining unit.

1026
b
. The number of work locations and availability of polling

1027
locations.

1028
c
. The size of the public employer’s operations.

1029
d
. The cost to the commission and parties to conduct the

1030
election.

1031
e
. The commission’s workload and election schedule.

1032
f
. The work schedules and shifts of the eligible voters.

1033
g
. Whether the parties agree on a time to hold the election

1034
and the method of election to be used.

1035
h
. Any other factors that might impact the integrity of the

1036
election.

1037
2.
Notwithstanding subparagraph 1., if one of the parties

1038
to the election requests an election by mail, the commission

1039
must conduct the election by mail. An election by mail must be

1040
conducted no earlier than 4 weeks after the postmark date on the

1041
ballot mailed by the commission. Notice of an election by mail

1042
must be provided by the commission to the bargaining agent, the

1043
public employer, and the public employees in the bargaining unit

1044
at least 4 weeks before the date of the election.

1045
(
c)
2.
Identify the public employer or employers for
1046 purposes of collective bargaining
with the bargaining agent
.
1047
(
d
)
3.
Order an election by secret ballot, the cost of said
1048 election and any required runoff election to be borne equally by
1049 the parties, except as the commission may provide by rule.
A
n

1050
election conducted by mail ballot must include
, subject to

1051
appropriation,
return envelopes with prepaid postage affixed.

1052 The commission’s order assessing costs of an election may be
1053 enforced pursuant to
the provisions of
this part.
1054
(4)(a)

Except as provided in paragraph (b), elections are

1055
determined as follows for all certification or recertification

1056
petitions filed on or after July 1, 2026:

1057
1.
(b)

If
at
least 50 percent of the public employees in the

1058
bargaining unit as of the date set by the commission participate

1059
in the election, and at least 50 percent of the public employees

1060
voting in the election select an employee organization

When
an

1061
employee organization is selected by a majority of the employees

1062
voting in an election
, the commission
must

shall
certify
or

1063
recertify
the employee organization as the
exclusive collective

1064 bargaining
agent for the public

representative of all
employees
1065 in the unit.
1066
2.

A runoff election must be held according to rules

1067
adopted by the commission if, in the election conducted under

1068
subparagraph 1., there was more than one employee organization

1069
on the ballot, at least 50 percent of the employees in the

1070
bargaining unit participated in the election, and none of the

1071
choices on the ballot received a vote of 50 percent of the

1072
public employees who voted in the election
.

1073
(b)

Certification elections involving public safety units

1074
are determined as follows:

1075
1.

If an employee organization is selected by a majority

1076
vote of the public employees voting in the election, the

1077
commission must certify the employee organization as the

1078
bargaining agent for the public employees in the bargaining

1079
unit.

1080
2.

A runoff election must be held according to rules

1081
adopted by the commission if, in the election conducted under

1082
subparagraph 1., there was more than one employee organization

1083
on the ballot and none of the choices on the ballot received a

1084
majority vote of the public employees voting in the election.

1085
(c)
Certification
, recertification, or revocation under

1086
this section
is effective upon the issuance of
a

the
final order
1087 by the commission or, if the final order is appealed, at the
1088 time the appeal is exhausted or any stay is vacated by the
1089 commission or
a

the
court.
1090
(c)

In any election in which none of the choices on the

1091
ballot receives the vote of a majority of the employees voting,

1092
a runoff election shall be held according to rules promulgated

1093
by the commission.

1094
(d)

No petition may be filed seeking an election in any

1095
proposed or existing appropriate bargaining unit to determine

1096
the exclusive bargaining agent within 12 months after the date

1097
of a commission order verifying a representation election or, if

1098
an employee organization prevails, within 12 months after the

1099
date of an effective certification covering any of the employees

1100
in the proposed or existing bargaining unit. Furthermore, if a

1101
valid collective bargaining agreement covering any of the

1102
employees in a proposed unit is in effect, a petition for

1103
certification may be filed with the commission only during the

1104
period extending from 150 days to 90 days immediately preceding

1105
the expiration date of that agreement, or at any time subsequent

1106
to its expiration date but prior to the effective date of any

1107
new agreement. The effective date of a collective bargaining

1108
agreement means the date of ratification by both parties, if the

1109
agreement becomes effective immediately or retroactively; or its

1110
actual effective date, if the agreement becomes effective after

1111
its ratification date.

1112
(5)
(4)
In defining a proposed bargaining unit, the
1113 commission shall take into consideration:
1114 (a) The principles of efficient administration of
1115 government.
1116 (b) The number of employee organizations with which the
1117 employer might have to negotiate.
1118 (c) The compatibility of the unit with the joint
1119 responsibilities of the public employer and public employees to
1120 represent the public.
1121 (d) The power of the officials of government at the level
1122 of the unit to agree, or make effective recommendations to
1123 another administrative authority or to a legislative body, with
1124 respect to matters of employment upon which the employee desires
1125 to negotiate.
1126 (e) The organizational structure of the public employer.
1127 (f) Community of interest among the employees to be
1128 included in the unit, considering:
1129 1. The manner in which wages and other terms of employment
1130 are determined.
1131 2. The method by which jobs and salary classifications are
1132 determined.
1133 3. The interdependence of jobs and interchange of
1134 employees.
1135 4. The desires of the employees.
1136 5. The history of employee relations within the
1137 organization of the public employer concerning organization and
1138 negotiation and the interest of the employees and the employer
1139 in the continuation of a traditional, workable, and accepted
1140 negotiation relationship.
1141 (g) The statutory authority of the public employer to
1142 administer a classification and pay plan.
1143 (h) Such other factors and policies as the commission may
1144 deem appropriate.
1145
1146 However,
a bargaining

no
unit
may not

shall
be established or
1147 approved for purposes of collective bargaining which includes
1148 both professional and nonprofessional employees unless a
1149 majority of each group votes for inclusion in such
bargaining

1150 unit.
1151 Section 12. Section 447.3076, Florida Statutes, is created
1152 to read:
1153
447.3076

Clarification of bargaining units.—

1154
(1)

A petition to clarify the composition of a bargaining

1155
unit may be filed with the commission when significant changes

1156
in statutory law or case law require clarification of the

1157
bargaining unit or when a classification was:

1158
(a)

Created or substantially changed after the unit was

1159
initially defined by the commission;

1160
(b)

Retitled with no substantial change in job duties; or

1161
(c)

Included or excluded through inadvertence or

1162
misunderstanding by the commission.

1163
(2)

A bargaining unit clarification petition may be filed

1164
by the bargaining agent for the bargaining unit or by the public

1165
employer of the public employees in the unit.

1166
(3)

A copy of the petition must be served on the public

1167
employer and any bargaining agent that is certified to represent

1168
any employee or classification which may be substantially

1169
affected by the proposed bargaining unit clarification.

1170
(4)

If any substantially affected employees are not

1171
represented by a bargaining agent, the public employer must

1172
provide a copy of the petition to those employees within 10 days

1173
after the filing of the petition.

1174
(5)

When the clarification of a bargaining unit would

1175
result in an increase in the size of the bargaining unit by more

1176
than 25 percent, the unit clarification petition raises a

1177
question concerning representation and must be dismissed.

1178 Section 13. Section 447.308, Florida Statutes, is amended
1179 to read:
1180 447.308
Decertification

Revocation of certification
of
1181 employee
organizations

organization
.—
1182 (1)
A public

Any
employee or group of
public
employees
1183 which no longer desires to be represented by
a

the certified

1184 bargaining agent may file with the commission a petition to
1185
decertify the bargaining agent

revoke certification
. The
1186 petition
must

shall
be accompanied by
a showing of interest from

1187
dated statements signed by
at least 30 percent of the
public

1188 employees in the
bargaining
unit
, indicating that such employees

1189
no longer desire to be represented for purposes of collective

1190
bargaining by the certified bargaining agent. The time of filing

1191
said petition shall be governed by the provisions of s.

1192
447.307(3)(d) relating to petitions for certification
.
The

1193
showing of interest statements must be signed and dated by the

1194
public employees not more than 12 months before the filing of

1195
the petition.
Any employee
, employer,
or employee organization
1196 having sufficient reason to believe
that the showing of interest

1197
was

any of the employee signatures were
obtained by collusion,
1198 coercion, intimidation, or misrepresentation or
is

are
otherwise
1199 invalid shall be given a reasonable opportunity to verify and
1200 challenge the
showing of interest

signatures appearing on the

1201
petition
.
1202
(2)(a)

A decertification petition may not be filed

1203
regarding the bargaining unit within 12 months after the date

1204
the commission issues an order that verifies the results of a

1205
certification, recertification, or decertification election

1206
covering any of the public employees in the unit.

1207
(b)

If a valid collective bargaining agreement covering any

1208
of the public employees in the bargaining unit is in effect, a

1209
decertification petition may only be filed with the commission

1210
at least 90 but not more than 150 days immediately preceding the

1211
expiration date of the collective bargaining agreement, or at

1212
any time after such agreement’s expiration date but before the

1213
effective date of a new collective bargaining agreement. The

1214
effective date of a collective bargaining agreement is the date

1215
of ratification of such agreement by both parties if such

1216
agreement becomes effective immediately or retroactively, or the

1217
collective bargaining agreement’s actual effective date if such

1218
agreement becomes effective after its ratification date.

1219
(3)
The commission or one of its designated agents shall
1220 investigate the
decertification
petition to determine its
1221 sufficiency. If the commission finds
that
the petition
is

to be

1222 insufficient,
the commission must

it may
dismiss the petition.
1223 If the commission finds that the petition is sufficient,
the

1224
commission must

it shall immediately
:
1225 (a) Identify the bargaining unit and determine which public
1226 employees shall be qualified and entitled to vote in the
1227 election held by the commission.
1228 (b) Identify the public employer or employers
of the

1229
bargaining unit
.
1230 (c) Order an election by secret ballot, the cost of said
1231 election to be borne equally by the parties, except as the
1232 commission may provide by rule.
A
n election conducted by mail

1233
ballot must include
, subject to appropriation,
return envelopes

1234
with prepaid postage affixed.
The commission’s order assessing
1235 costs of an election may be enforced pursuant to
the provisions

1236
of
this part.
1237
(4)(a)

Except as provided in paragraph (b), elections are

1238
determined as follows for all decertification petitions filed on

1239
or after July 1, 2026:

1240
1.

If

at
least 50 percent of the public employees in the

1241
bargaining unit as of the date set by the commission participate

1242
in the election, and at least 50 percent of the public employees

1243
voting in the election vote to decertify an employee

1244
organization, the commission must revoke the bargaining agent’s

1245
certification for that bargaining unit.

1246
2.

If decertification is not selected by at least 50

1247
percent of the public employees voting in the election
, and at

1248
least
50
percent of the employees who are in the bargaining unit

1249
as of the date set by the commission
participate in the

1250
election, the bargaining agent must retain its certification for

1251
that bargaining unit.

1252
(b)

Decertification elections involving public safety units

1253
are determined as follows:

1254
1.
(2)
If
decertification is selected by
a majority
vote
of
1255 the
public
employees voting in
the

such
election
vote against

1256
the continuation of representation by the certified bargaining

1257
agent
, the
commission must revoke the

certification of the

1258
employee organization as the exclusive
bargaining
agent’s

1259
certification for that

agent for the employees in the
bargaining
1260 unit
shall be revoked
.
1261
2.
(3)
If
decertification is not selected by
a majority
vote

1262 of the
public
employees voting in
the

such
election
do not vote

1263
against the continuation of representation by the certified

1264
bargaining agent
, the
bargaining agent must retain its

1265 certification
for that bargaining

of the employee organization

1266
as the exclusive bargaining agent for the employees in the
unit
1267
shall be retained by the organization
.
1268
(c)

Revocation under this section is effective upon the

1269
issuance of a final order by the commission or, if the final

1270
order is appealed, at the time the appeal is exhausted or any

1271
stay is vacated by the commission or a court.

1272 Section 14. Section 447.309, Florida Statutes, is amended
1273 to read:
1274 447.309 Collective bargaining; approval or rejection.—
1275 (1) After an employee organization has been certified
as

1276
the bargaining agent of a bargaining unit
pursuant to
the

1277
provisions of
this part, the bargaining agent
for the

1278
organization
and the chief executive officer of the appropriate
1279 public employer or employers, jointly, shall bargain
1280 collectively in the determination of the wages, hours, and terms
1281 and conditions of employment of the public employees within the
1282 bargaining unit. The chief executive officer or his or her
1283 representative and the bargaining agent or its representative
1284 shall meet at reasonable times and bargain in good faith. In
1285 conducting negotiations with the bargaining agent, the chief
1286 executive officer or his or her representative shall consult
1287 with, and attempt to represent the views of, the legislative
1288 body of the public employer. Any collective bargaining agreement
1289 reached by the negotiators
must

shall
be reduced to writing, and
1290 such agreement
must

shall
be signed by the chief executive
1291 officer and the bargaining agent. Any agreement signed by the
1292 chief executive officer and the bargaining agent
is

shall
not
be

1293 binding on the public employer until such agreement has been
1294 ratified by the public employer and
the

by
public employees
in

1295
who are members of
the bargaining unit, subject to
the

1296
provisions of
subsections (2) and (3). However, with respect to
1297 statewide bargaining units, any agreement signed by the Governor
1298 and the bargaining agent for such a
bargaining
unit
is

shall
not
1299
be
binding until approved by the public employees
in

who are

1300
members of
the bargaining unit, subject to
the provisions of

1301 subsections (2) and (3).
1302 (2)(a) Upon execution of the collective bargaining
1303 agreement, the chief executive shall, in his or her annual
1304 budget request or by other appropriate means, request the
1305 legislative body to appropriate such amounts as shall be
1306 sufficient to fund the provisions of the collective bargaining
1307 agreement.
1308 (b) If the state is a party to a collective bargaining
1309 agreement in which less than the requested amount is
1310 appropriated by the Legislature, the collective bargaining
1311 agreement shall be administered on the basis of the amounts
1312 appropriated by the Legislature. The failure of the Legislature
1313 to appropriate funds sufficient to fund the collective
1314 bargaining agreement
does

shall
not constitute, or be evidence
1315 of, any unfair labor practice. All collective bargaining
1316 agreements entered into by the state are subject to the
1317 appropriations powers of the Legislature, and
the provisions of

1318 this section
may

shall
not conflict with the exclusive authority
1319 of the Legislature to appropriate funds.
1320 (3) If any provision of a collective bargaining agreement
1321 is in conflict with any law, ordinance, rule, or regulation over
1322 which the chief executive officer has no amendatory power, the
1323 chief executive officer shall submit to the appropriate
1324 governmental body having amendatory power a proposed amendment
1325 to such law, ordinance, rule, or regulation. Unless and until
1326 such amendment is enacted or adopted and becomes effective, the
1327 conflicting provision of the collective bargaining agreement
may

1328
shall
not become effective.
1329 (4) If the agreement is not ratified by the public employer
1330 or is not approved by a majority
vote
of
the public
employees
1331 voting
in the unit
, in accordance with procedures adopted by the
1332 commission, the agreement
must

shall
be returned to the chief
1333 executive officer and the
bargaining agent

employee organization

1334 for further negotiations.
1335 (5)
A

Any
collective bargaining agreement
may

shall
not
1336 provide for a term of existence of more than 3 years and
must

1337
shall
contain all of the terms and conditions of employment of
1338 the employees in the bargaining unit during such term except
1339 those terms and conditions provided for in applicable merit and
1340 civil service rules and regulations.
1341 Section 15. Section 447.401, Florida Statutes, is amended
1342 to read:
1343 447.401 Grievance procedures.—Each public employer and
1344 bargaining agent shall negotiate a grievance procedure to be
1345 used for the settlement of disputes between
a public
employer
1346 and
a public
employee, or
a
group of
public
employees, involving
1347 the interpretation or application of a collective bargaining
1348 agreement.
The

Such
grievance procedure
must

shall
have as its
1349 terminal step a final and binding disposition by an impartial
1350 neutral
arbitrator
, mutually selected by the parties; however,
1351 when the issue under appeal is an allegation of abuse,
1352 abandonment, or neglect
of a child
by
a public

an
employee under
1353 s. 39.201 or
an allegation of abuse, neglect, or exploitation of

1354
a vulnerable adult by a public employee under
s. 415.1034, the
1355 grievance may not be decided until
such allegation

the abuse,

1356
abandonment, or neglect of a child
has been judicially
1357 determined. However, an
arbitrator

arbiter
or other neutral
1358
party
may

shall
not
have the power to
add to, subtract from,
1359 modify, or alter the terms of a collective bargaining agreement.
1360 If an employee organization is certified as the bargaining agent
1361 of a
bargaining
unit, the grievance procedure then in existence
1362 may be the subject of collective bargaining, and any agreement
1363
that

which
is reached shall supersede the previously existing
1364 procedure. All public employees
shall
have the right to a fair
1365 and equitable grievance procedure administered without regard to
1366 membership or nonmembership in any
employee
organization, except
1367 that
bargaining agents may

certified employee organizations

1368
shall
not be required to process grievances for
public
employees
1369 who are not members of the
employee
organization. A
public

1370
career service
employee
may use

shall have the option of

1371
utilizing
the civil service appeal procedure, an unfair labor
1372 practice procedure, or a grievance procedure established under
1373 this section
,
but
may not avail

such employee is precluded from

1374
availing
himself or herself
of

to
more than one of these
1375 procedures.
1376 Section 16. Subsections (1) through (4) of section 447.403,
1377 Florida Statutes, are amended to read:
1378 447.403 Resolution of impasses.—
1379 (1) If, after a reasonable period of negotiation concerning
1380 the terms and conditions of employment to be incorporated in a
1381 collective bargaining agreement, a dispute exists between a
1382 public employer and a bargaining agent,
either party may declare

1383 an impasse
by providing written notification

shall be deemed to

1384
have occurred when one of the parties so declares in writing
to
1385 the other party and to the commission. When an impasse occurs,
1386 the public employer or the bargaining agent, or both parties
1387 acting jointly, may
use

appoint
, or secure the
services

1388
appointment
of, a mediator to assist in the resolution of the
1389 impasse. If the Governor is the public employer
or for an

1390
impasse declared pursuant to s. 447.4095
,
a

no
mediator
may not

1391
shall
be appointed.
1392 (2)(a) If
a

no
mediator is
not used under subsection (1)

1393
appointed
, or upon the request of either party, the commission
1394
must

shall
appoint, and submit all unresolved issues to, a
1395 special magistrate acceptable to both parties. If the parties
1396 are unable to agree on the appointment of a special magistrate,
1397 the commission
must

shall
appoint, in its discretion, a
1398 qualified special magistrate. However, if the parties agree in
1399 writing to waive the appointment of a special magistrate, the
1400 parties may proceed directly to resolution of the impasse by the
1401 legislative body pursuant to paragraph (4)(d). Nothing in this
1402 section precludes the parties from using the services of a
1403 mediator at any time during the conduct of collective
1404 bargaining.
1405 (b) If the Governor is the public employer,
a

no
special
1406 magistrate
may not

shall
be appointed. The parties
must

may

1407 proceed directly to the Legislature for resolution of the
1408 impasse pursuant to paragraph (4)(d).
1409
(c)

For an impasse declared pursuant to s. 447.4095(2), the

1410
parties must agree on a special magistrate and submit the

1411
agreed-upon name to the commission within 5 calendar days after

1412
the declaration of impasse. Within 2 business days after the

1413
submission of the special magistrate’s name, the commission must

1414
appoint the agreed-upon special magistrate. If the parties do

1415
not submit the name of an agreed-upon special magistrate to the

1416
commission within 5 calendar days after the declaration of

1417
impasse, the commission must appoint a special magistrate of its

1418
choosing within 5 calendar days after the parties’ deadline to

1419
submit the name of the agreed-upon special magistrate. Within 5

1420
calendar days after the special magistrate is appointed, each

1421
party must submit a list of issues at impasse to the special

1422
magistrate and serve a copy of the list on the other party at

1423
the same time.

1424 (3) The special magistrate shall hold
a hearing

hearings
in
1425 order to define the area or areas of dispute, to determine facts
1426 relating to the dispute, and to render a decision on any and all
1427 unresolved contract issues. The
hearing must

hearings shall
be
1428 held at
a time, date, and place

times, dates, and places
to be
1429 established by the special magistrate in accordance with rules
1430
adopted

promulgated
by the commission.
For an impasse declared

1431
pursuant to s. 447.4095(2), a hearing must be held within 20

1432
calendar days after the parties submit the list of issues at

1433
impasse to the special magistrate.
The special magistrate
may

1434
shall be empowered to
administer oaths and issue subpoenas on
1435 behalf of the parties to the dispute or on his or her own
1436 behalf. Within 15 calendar days after the close of the
final

1437 hearing,
or 7 calendar days after the close of the hearing for

1438
an impasse declared pursuant to s. 447.4095(2),
the special
1439 magistrate shall
submit

transmit
his or her recommended decision
1440 to the commission and to the representatives of both parties by
1441
any method of service
agreed to by the parties
which establishes

1442
proof of delivery

registered mail, return receipt requested
.
1443 Such recommended decision
must

shall
be discussed by the
1444 parties, and each recommendation of the special magistrate
is

1445
shall be
deemed approved by both parties unless specifically
1446 rejected by either party by written notice filed with the
1447 commission within 20 calendar days
, or 10 calendar days for an

1448
impasse declared pursuant to s. 447.4095(2),
after the date the
1449 party received the special magistrate’s recommended decision.
1450 The written notice
must

shall
include a statement of the cause
1451 for each rejection and
shall
be served upon the other party
at

1452
the same time as it is filed with the commission
.
1453 (4) If either the public employer or the
bargaining agent

1454
employee organization
does not accept, in whole or in part, the
1455 recommended decision of the special magistrate
, all of the

1456
following procedures apply
:
1457 (a) The chief executive officer of the governmental entity
1458 involved
must

shall
, within 10
calendar
days after rejection of
1459 a recommendation of the special magistrate, submit to the
1460 legislative body of the governmental entity involved a copy of
1461 the findings of fact and recommended decision of the special
1462 magistrate, together with the chief executive officer’s
1463 recommendations for settling the disputed impasse issues. The
1464 chief executive officer
must

shall
also
submit

transmit
his or
1465 her recommendations to the
bargaining agent at the same time as

1466
the recommendations are submitted to the legislative body.

1467
employee organization;

1468 (b)
Within 10 calendar days after rejection of a

1469
recommendation of the special magistrate,
the
bargaining agent

1470
must

employee organization
shall
submit its recommendations for
1471 settling the disputed impasse issues to such legislative body
1472 and to the chief executive officer
.
;

1473 (c) The legislative body or
its

a
duly authorized committee
1474
must

thereof
shall
forthwith
conduct a public hearing at which
1475 the parties
must

shall
be required to
explain their positions
1476 with respect to the rejected recommendations of the special
1477 magistrate
. For an impasse declared pursuant to s. 447.4095(2),

1478
the legislative body must conduct the public hearing within 20

1479
calendar days after the parties submit their recommendations to

1480
the legislative body.
;

1481 (d) Thereafter, the legislative body
must

shall
take such
1482 action as it deems to be in the public interest, including the
1483 interest of the public employees involved, to resolve all
1484 disputed impasse issues
. For an impasse declared pursuant to s.

1485
447.4095(2), the legislative body must take action within 10

1486
calendar days after the close of the public hearing.
; and

1487 (e)
1.
Following the resolution of the disputed impasse
1488 issues by the legislative body, the parties
must

shall
reduce to
1489 writing an agreement which includes those issues agreed to by
1490 the parties and those disputed impasse issues resolved by the
1491 legislative body’s action taken pursuant to paragraph (d).
For

1492
an impasse declared pursuant to s. 447.4095(2), the parties must

1493
reduce the agreement to writing within 10 calendar days after

1494
the resolution of the disputed impasse issues by the legislative

1495
body.

1496
2.
The agreement
must

shall
be signed by the chief
1497 executive officer and the bargaining agent and
shall
be
1498 submitted to the public employer and
to
the public employees
in

1499
who are members of
the bargaining unit for ratification.
For an

1500
impasse declared pursuant to s. 447.4095(2), the chief executive

1501
officer and the bargaining agent must sign the agreement within

1502
7 calendar days after the agreement is reduced to writing and

1503
must submit the agreement to the public employer and the

1504
bargaining unit for ratification within 10 calendar days after

1505
the agreement is signed. For an impasse declared pursuant to s.

1506
447.4095(2), the agreement must be signed, submitted, and

1507
ratified separately from other bargainable issues.

1508
3.
If
the

such
agreement is not ratified by all parties,
1509 pursuant to
the provisions of
s. 447.309, the legislative body’s
1510 action taken pursuant to
the provisions of
paragraph (d) shall
1511 take effect as of the date of such legislative body’s action for
1512 the remainder of the first fiscal year which was the subject of
1513 negotiations; however, the legislative body’s action
may

shall

1514 not take effect with respect to those disputed impasse issues
1515
that

which
establish the language of contractual provisions
that

1516
which
could have no effect in the absence of a ratified
1517 agreement, including, but not limited to, preambles, recognition
1518 clauses, and duration clauses.
1519 Section 17. Section 447.405, Florida Statutes, is amended
1520 to read:
1521 447.405 Factors to be considered by the special
1522 magistrate.—The special magistrate shall conduct the hearings
1523 and render recommended decisions with the objective of achieving
1524 a prompt, peaceful, and just settlement of disputes between the
1525
bargaining agents

public employee organizations
and the public
1526 employers. The factors
, among others,
to be given weight by the
1527 special magistrate in arriving at a recommended decision
must

1528
shall
include:
1529 (1) Comparison of the annual income of employment of the
1530 public employees in question with the annual income of
1531 employment maintained for the same or similar work of employees
1532 exhibiting like or similar skills under the same or similar
1533 working conditions in the local operating area involved.
1534 (2) Comparison of the annual income of employment of the
1535 public employees in question with the annual income of
1536 employment of public employees in similar public employee
1537 governmental bodies of comparable size within
this

the
state.
1538 (3) The interest and welfare of the public.
1539 (4) Comparison of peculiarities of employment in regard to
1540 other trades or professions, specifically with respect to:
1541 (a) Hazards of employment.
1542 (b) Physical qualifications.
1543 (c) Educational qualifications.
1544 (d) Intellectual qualifications.
1545 (e) Job training and skills.
1546 (f) Retirement plans.
1547 (g) Sick leave.
1548 (h) Job security.
1549 (5) Availability of funds.
1550 Section 18. Section 447.4095, Florida Statutes, is amended
1551 to read:
1552 447.4095 Financial urgency.—
1553
(1)
In the event of a financial urgency requiring
1554 modification of an agreement, the chief executive officer or his
1555 or her representative and the bargaining agent or its
1556 representative shall meet as soon as possible to negotiate the
1557 impact of the financial urgency. If after a reasonable period of
1558 negotiation
,
which
may

shall
not exceed 14
calendar
days, a
1559 dispute exists between the public employer and the bargaining
1560 agent, an impasse
is

shall be
deemed to have occurred, and one
1561 of the parties
must

shall
so declare in writing to the other
1562 party and to the commission. The parties
must

shall
then proceed
1563
to follow the requirements under

pursuant to the provisions of

1564 s. 447.403. An unfair labor practice charge
may

shall
not be
1565 filed during the 14
calendar
days during which negotiations are
1566 occurring
under

pursuant to
this section.
1567
(2)

For the purposes of this section, t
he implementation of

1568
appropriations to local governments by the
L
egislature
which
are

1569
specifically directed in law to be disbursed as salaries to

1570
employees of local governments
is
considered a financial

1571
urgency.
If
the use of funding appropriated by the
L
egislature

1572
to local governments is restricted to salaries and associated

1573
costs of such salaries and the implementation of such

1574
appropriations will
require modification of an agreement, the

1575
chief executive officer or his or her representative and the

1576
bargaining agent or its representative must meet within 15

1577
calendar days after the effective date of the appropriation to

1578
negotiate the impact of the financial urgency. If, 30 calendar

1579
days after the effective date of the appropriation, a dispute

1580
exists between the public employer and the bargaining agent as

1581
to the impact of the financial urgency, one of the parties must,

1582
within 2 business days, declare an impasse in writing to the

1583
other party and to the commission. The parties must then proceed

1584
to follow the requirements under s. 447.403. An unfair labor

1585
practice charge may not be filed during the 30-day period of

1586
negotiations or while the parties are proceeding through the

1587
resulting impasse process. This subsection does not apply to

1588
public employees in public safety units.

1589 Section 19. Paragraphs (c) and (f) of subsection (1) and
1590 subsection (2) of section 447.501, Florida Statutes, are
1591 amended, and paragraph (g) is added to subsection (1) of that
1592 section, to read:
1593 447.501 Unfair labor practices.—
1594 (1) Public employers or their agents or representatives are
1595 prohibited from:
1596 (c) Refusing to bargain collectively, failing to bargain
1597 collectively in good faith, or refusing to sign a final
1598 agreement agreed upon with the
certified
bargaining agent for
1599 the public employees in the bargaining unit.
1600 (f) Refusing to discuss grievances in good faith pursuant
1601 to the terms of the collective bargaining agreement with either
1602 the
certified
bargaining agent for the public employee or the
1603 employee involved.
1604
(g)

Failing to provide to any registered employee

1605
organization or any petitioning public employee who is seeking

1606
to support, oppose, or intervene in the certification,

1607
recertification, or decertification of a bargaining agent equal

1608
access to the public employer’s facilities and its internal

1609
means of communication for those purposes. The public employer

1610
must provide such equal access from the date of the filing of a

1611
petition pursuant to s. 447.307 or s. 447.308 until the final

1612
resolution of the petition.

1613 (2)
An

A public
employee organization or anyone acting
on

1614
in
its behalf or its officers, representatives, agents, or
1615 members are prohibited from:
1616 (a) Interfering with, restraining, or coercing public
1617 employees in the exercise of any rights guaranteed them under
1618 this part or interfering with, restraining, or coercing
1619 managerial employees by reason of their performance of job
1620 duties or other activities undertaken in the interests of the
1621 public employer.
1622 (b) Causing or attempting to cause a public employer to
1623 discriminate against
a public

an
employee because of
such

the

1624 employee’s membership or nonmembership in an employee
1625 organization or attempting to cause the public employer to
1626 violate
any of the provisions of
this part.
1627 (c) Refusing to bargain collectively or failing to bargain
1628 collectively in good faith with a public employer.
1629 (d) Discriminating against
a public

an
employee because he
1630 or she has signed or filed an affidavit,
a
petition, or
a

1631 complaint or given any information or testimony in any
1632 proceedings provided for in this part.
1633 (e) Participating in a strike against the public employer
1634 by instigating or supporting, in any positive manner, a strike.
1635
A person who violates

Any violation of
this paragraph
is

shall

1636 subject
the violator
to the penalties provided in this part.
1637 (f) Instigating or advocating support, in any positive
1638 manner, for an employee organization’s activities from high
1639 school or grade school students or students in institutions of
1640 higher learning.
1641 Section 20. Subsection (1) of section 447.503, Florida
1642 Statutes, is amended to read:
1643 447.503 Charges of unfair labor practices.—It is the intent
1644 of the Legislature that the commission act as expeditiously as
1645 possible to settle disputes regarding alleged unfair labor
1646 practices. To this end, violations of the provisions of s.
1647 447.501 shall be remedied by the commission in accordance with
1648 the following procedures and in accordance with chapter 120;
1649 however, to the extent that chapter 120 is inconsistent with the
1650 provisions of this section, the procedures contained in this
1651 section shall govern:
1652 (1) A proceeding to remedy a violation of
the provisions of

1653 s. 447.501
must

shall
be initiated by the filing of a charge
1654 with the commission by
a public

an
employer,
a public
employee,
1655 or
an
employee organization, or any combination thereof
, whose

1656
substantial interests will be affected as referenced in chapter

1657
120
. Such a charge
must

shall
contain a clear and concise
1658 statement of facts constituting the alleged unfair labor
1659 practice, including the names of all individuals involved in the
1660 alleged unfair labor practice,
and include
specific reference to
1661 the provisions of s. 447.501 alleged to have been violated, and
1662 such other relevant information as the commission may by rule
1663 require or allow. Service of the charge
must

shall
be made upon
1664 each named respondent at the time of filing with the commission.
1665 The charge must be accompanied by sworn statements and
1666 documentary evidence sufficient to establish a prima facie
1667 violation of the applicable unfair labor practice provision.
1668 Such supporting evidence is not to be attached to the charge and
1669 is to be furnished only to the commission.
1670 Section 21. Subsections (2) through (5) and paragraph (a)
1671 of subsection (6) of section 447.507, Florida Statutes, are
1672 amended to read:
1673 447.507 Violation of strike prohibition; penalties.—
1674 (2) If a public employee, a group of
public
employees, an
1675 employee organization, or any officer, agent, or representative
1676 of any employee organization engages in a strike in violation of
1677 s. 447.505, either the commission or any public employer whose
1678
public
employees are involved or whose
public
employees may be
1679 affected by the strike may file suit to enjoin the strike in the
1680 circuit court having proper jurisdiction and proper venue of
1681 such actions under the Florida Rules of Civil Procedure and
1682 Florida Statutes. The circuit court shall conduct a hearing,
1683 with notice to the commission and to all interested parties, at
1684 the earliest practicable time. If the plaintiff makes a prima
1685 facie showing that a violation of s. 447.505 is in progress or
1686 that there is a clear, real, and present danger that such a
1687 strike is about to commence, the circuit court
must

shall
issue
1688 a temporary injunction enjoining the strike. Upon final hearing,
1689 the circuit court shall either make the injunction permanent or
1690 dissolve it.
1691 (3) If an injunction to enjoin a strike issued pursuant to
1692 this section is not promptly complied with, on the application
1693 of the plaintiff, the circuit court
must

shall
immediately
1694 initiate contempt proceedings against those who appear to be in
1695 violation. An employee organization found to be in contempt of
1696 court for violating an injunction against a strike shall be
1697 fined an amount deemed appropriate by the court. In determining
1698 the appropriate fine, the court shall objectively consider the
1699 extent of lost services and the particular nature and position
1700 of the
public
employee group in violation.
A

In no event shall

1701
the
fine
may not
exceed
$30,000

$5,000
. Each officer, agent, or
1702 representative of an employee organization found to be in
1703 contempt of court for violating an injunction against a strike
1704 shall be fined
at least $300, but not more than $600,

not less

1705
than $50 nor more than $100
for each calendar day that the
1706 violation is in progress.
1707 (4) An employee organization
is

shall be
liable for any
1708 damages
that

which
might be suffered by a public employer as a
1709 result of a violation of
the provisions of
s. 447.505 by the
1710 employee organization or its representatives, officers, or
1711 agents. The circuit court having jurisdiction over such actions
1712
may

is empowered to
enforce judgments against employee
1713 organizations
in the amount deemed appropriate by the court in

1714
accordance with this section. An action may not
, as defined in

1715
this part, by attachment or garnishment of union initiation fees

1716
or dues which are to be deducted or checked off by public

1717
employers. No action shall
be maintained pursuant to this
1718 subsection until all proceedings
that

which
were pending before
1719 the commission at the time of the strike or
that

which
were
1720 initiated within 30 days
after

of
the strike have been finally
1721 adjudicated or otherwise disposed of. In determining the amount
1722 of damages, if any, to be awarded to the public employer, the
1723 trier of fact shall take into consideration any action or
1724 inaction by the public employer or its agents that provoked or
1725 tended to provoke the strike by the public employees. The trier
1726 of fact shall also take into consideration any damages that
1727 might have been recovered by the public employer under
1728 subparagraph (6)(a)4.
1729 (5) If the commission, after a hearing on notice conducted
1730 according to rules
adopted

promulgated
by the commission,
1731 determines that
a public

an
employee has violated s. 447.505, it
1732 may order the termination of
such employee’s

his or her

1733 employment by the public employer. Notwithstanding any other
1734 provision of law, a person knowingly violating
s. 447.505

the

1735
provision of said section
may, subsequent to such violation, be
1736 appointed, reappointed, employed, or reemployed as a public
1737 employee, but only upon the following conditions:
1738 (a) Such person shall be on probation for
a period of
18
1739 months
after

following
his or her appointment, reappointment,
1740 employment, or reemployment, during which period he or she shall
1741 serve without permanent status and at the pleasure of the agency
1742 head.
1743 (b) His or her compensation may
not

in no event
exceed
the

1744
compensation

that
received immediately
before

prior to
the time
1745 of the violation.
1746 (c) The compensation of the person may not be increased
1747 until
at least

after the expiration of
1 year
after

from
such
1748 appointment, reappointment, employment, or reemployment.
1749 (6)(a) If the commission determines that an employee
1750 organization has violated s. 447.505, it may:
1751 1. Issue cease and desist orders as necessary to ensure
1752 compliance with its order.
1753 2. Suspend or revoke the certification of the
employee

1754
organization as the
bargaining agent of such
bargaining

employee

1755 unit.
1756 3. Revoke
any requirement of the public employer to engage

1757
in membership

the right of
dues deduction
for the

and collection

1758
previously granted to said
employee organization pursuant to s.
1759 447.303.
1760 4. Fine the organization up to
$40,000

$20,000
for each
1761 calendar day of such violation or determine the approximate cost
1762 to the public due to each calendar day of the strike and fine
1763 the organization an amount equal to such cost,
regardless of

1764
whether the fine exceeds $40,000,

notwithstanding the fact that

1765
the fine may exceed $20,000
for each such calendar day. The
1766 fines so collected
shall
immediately accrue to the public
1767 employer and
must

shall
be used by
the public employer

him or

1768
her
to replace those services denied the public as a result of
1769 the strike. In determining the amount of damages, if any, to be
1770 awarded to the public employer, the commission
must consider

1771
shall take into consideration
any action or inaction by the
1772 public employer or its agents that provoked, or tended to
1773 provoke, the strike by the public employees.
1774 Section 22. Section 447.509, Florida Statutes, is amended
1775 to read:
1776 447.509 Other unlawful acts
; exceptions
.—
1777 (1) Employee organizations, their members, agents, or
1778 representatives, or any persons acting on their behalf are
1779 hereby prohibited from:
1780 (a) Soliciting public employees during working hours of any
1781 employee who is involved in the solicitation.
1782 (b) Distributing literature during working hours in areas
1783 where the actual work of public employees is performed, such as
1784 offices, warehouses, schools, police stations, fire stations,
1785 and any similar public installations. This section
may

shall
not
1786 be construed to prohibit the distribution of literature during
1787 the employee’s lunch hour or in such areas not specifically
1788 devoted to the performance of the employee’s official duties.
1789 (c) Instigating or advocating support, in any positive
1790 manner, for an employee organization’s activities from high
1791 school or grade school students during classroom time.
1792 (d) Offering anything of value to a public officer as
1793 defined in s. 112.313(1) which the public officer is prohibited
1794 from accepting under s. 112.313(2).
1795 (e) Offering any compensation, payment, or thing of value
1796 to a public officer as defined in s. 112.313(1) which the public
1797 officer is prohibited from accepting under s. 112.313(4).
1798 (2)
An

No
employee organization
may not

shall
directly or
1799 indirectly pay any fines or penalties assessed against
1800 individuals pursuant to
the provisions of
this part.
1801 (3)
Public employers, their agents or representatives, or

1802
persons acting on their behalf may not provide any form of

1803
compensation or paid leave to a public employee, directly or

1804
indirectly, for the purpose of engaging in employee organization

1805
activities.

1806
(4)

Notwithstanding subsection (3), a public employee may

1807
do any of the following:

1808
(a)

Be granted time off without pay or benefits to engage

1809
in employee organization activities
, provided that the public

1810
employer and the bargaining agent agree.
An employee

1811
organization may compensate a public employee for engaging in

1812
employee organization activities.

1813
(b)

Use compensated personal leave, whether the leave is

1814
the public employee’s or is voluntarily donated by other public

1815
employees in the bargaining unit, to engage in employee

1816
organization activities if:

1817
1.

The leave is accrued at the same rate by similarly

1818
situated public employees in the bargaining unit without regard

1819
to membership in or participation with an employee organization.

1820
2.

The public employee may freely choose the manner in

1821
which to use the leave.

1822
(c)

Engage in representational employee organization

1823
activities on behalf of the bargaining agent while in a duty

1824
status without loss of pay or benefits
, provided that the public

1825
employer and the bargaining agent agree.

1826
(5) Notwithstanding subsection (3), a public employer may

1827
provide compensation and benefits to a public employee for the

1828
purpose of engaging in employee organization activities if

1829
agreed to in the collective bargaining agreement and if the

1830
public employer is fully reimbursed by the employee organization

1831
for such compensation and benefits.

1832
(6)

Subsections (3) and (4) do not apply to public

1833
employees in public safety units.

1834
(7)
The circuit courts of this state
shall
have
1835 jurisdiction to enforce
the provisions of
this section by
1836 injunction and contempt proceedings, if necessary. A public
1837 employee who is convicted of a violation of
any provision of

1838 this section may be discharged or otherwise disciplined by his
1839 or her public employer, notwithstanding further provisions of
1840 law, and notwithstanding the provisions of any collective
1841 bargaining agreement.
1842 Section 23. Subsection (3) of section 110.114, Florida
1843 Statutes, is amended to read:
1844 110.114 Employee wage deductions.—
1845 (3) Notwithstanding
the provisions of
subsections (1) and
1846 (2),
the deduction of an employee’s
membership dues deductions
1847 as defined in
s. 447.203

s. 447.203(15) for an employee

1848
organization as defined in s. 447.203(11)
shall be authorized or
1849 permitted only for an organization that has been certified
1850
pursuant to chapter 447
as the
exclusive
bargaining agent
1851
pursuant to chapter 447
for a unit of
public

state
employees
in

1852
which the employee is included
. Such deductions
are

shall be

1853 subject to
the provisions of
s. 447.303.
1854 Section 24. Paragraph (w) of subsection (2) of section
1855 110.205, Florida Statutes, is amended to read:
1856 110.205 Career service; exemptions.—
1857 (2) EXEMPT POSITIONS.—The exempt positions that are not
1858 covered by this part include the following:
1859 (w) Managerial employees
and
, as defined in s. 447.203(4),

1860 confidential employees, as
those terms are
defined in
s. 447.203

1861
s. 447.203(5)
, and supervisory employees who spend the majority
1862 of their time communicating with, motivating, training, and
1863 evaluating employees, and planning and directing employees’
1864 work, and who have the authority to hire, transfer, suspend, lay
1865 off, recall, promote, discharge, assign, reward, or discipline
1866 subordinate employees or effectively recommend such action,
1867 including all employees serving as supervisors, administrators,
1868 and directors. Excluded are employees also designated as special
1869 risk or special risk administrative support and attorneys who
1870 serve as administrative law judges pursuant to s. 120.65 or for
1871 hearings conducted pursuant to s. 120.57(1)(a). Additionally,
1872 registered nurses licensed under chapter 464, dentists licensed
1873 under chapter 466, psychologists licensed under chapter 490 or
1874 chapter 491, nutritionists or dietitians licensed under part X
1875 of chapter 468, pharmacists licensed under chapter 465,
1876 psychological specialists licensed under chapter 491, physical
1877 therapists licensed under chapter 486, and speech therapists
1878 licensed under part I of chapter 468 are excluded, unless
1879 otherwise collectively bargained.
1880 Section 25. Subsection (6) of section 112.3187, Florida
1881 Statutes, is amended to read:
1882 112.3187 Adverse action against employee for disclosing
1883 information of specified nature prohibited; employee remedy and
1884 relief.—
1885 (6) TO WHOM INFORMATION DISCLOSED.—The information
1886 disclosed under this section must be disclosed to any agency or
1887 federal government entity having the authority to investigate,
1888 police, manage, or otherwise remedy the violation or act,
1889 including, but not limited to, the Office of the Chief Inspector
1890 General, an agency inspector general or the employee designated
1891 as agency inspector general under s. 112.3189(1) or inspectors
1892 general under s. 20.055, the Florida Commission on Human
1893 Relations, and the whistle-blower’s hotline created under s.
1894 112.3189. However, for disclosures concerning a local
1895 governmental entity, including any regional, county, or
1896 municipal entity, special district, community college district,
1897 or school district or any political subdivision of any of the
1898 foregoing, the information must be disclosed to a chief
1899 executive officer as defined in
s. 447.203

s. 447.203(9)
or
1900 other appropriate local official.
1901 Section 26. Subsection (5) of section 121.031, Florida
1902 Statutes, is amended to read:
1903 121.031 Administration of system; appropriation; oaths;
1904 actuarial studies; public records.—
1905 (5) The names and addresses of retirees are confidential
1906 and exempt from
the provisions of
s. 119.07(1) to the extent
1907 that no state or local governmental agency may provide the names
1908 or addresses of such persons in aggregate, compiled, or list
1909 form to any person except to a public agency engaged in official
1910 business. However, a state or local government agency may
1911 provide the names and addresses of retirees from that agency to
1912 a bargaining agent as defined in
s. 447.203

s. 447.203(12)
or to
1913 a retiree organization for official business use. Lists of names
1914 or addresses of retirees may be exchanged by public agencies,
1915 but such lists
may

shall
not be provided to, or open for
1916 inspection by, the public. Any person may view or copy any
1917 individual’s retirement records at the Department of Management
1918 Services, one record at a time, or may obtain information by a
1919 separate written request for a named individual for which
1920 information is desired.
1921 Section 27. Subsection (1) of section 447.02, Florida
1922 Statutes, is amended to read:
1923 447.02 Definitions.—The following terms, when used in this
1924 chapter, shall have the meanings ascribed to them in this
1925 section:
1926 (1) The term “labor organization” means any organization of
1927 employees or local or subdivision thereof, having within its
1928 membership residents of the state, whether incorporated or not,
1929 organized for the purpose of dealing with employers concerning
1930 hours of employment, rate of pay, working conditions, or
1931 grievances of any kind relating to employment and recognized as
1932 a unit of bargaining by one or more employers doing business in
1933 this state, except that an “employee organization,” as defined
1934 in
s. 447.203

s. 447.203(11)
, shall be included in this
1935 definition at such time as it seeks to register pursuant to s.
1936 447.305.
1937 Section 28. Section 447.609, Florida Statutes, is amended
1938 to read:
1939 447.609 Representation in proceedings.—Any full-time
1940 employee or officer of any public employer or employee
1941 organization may represent his or her employer or any
public

1942
employee in

member of
a bargaining unit in any proceeding
1943 authorized in this part, excluding the representation of any
1944 person or public employer in a court of law by a person who is
1945 not a licensed attorney.
1946 Section 29. Subsection (2) of section 1011.60, Florida
1947 Statutes, is amended to read:
1948 1011.60 Minimum requirements of the Florida Education
1949 Finance Program.—Each district which participates in the state
1950 appropriations for the Florida Education Finance Program shall
1951 provide evidence of its effort to maintain an adequate school
1952 program throughout the district and shall meet at least the
1953 following requirements:
1954 (2) MINIMUM TERM.—Operate all schools for a term of 180
1955 actual teaching days or the equivalent on an hourly basis as
1956 specified by rules of the State Board of Education each school
1957 year. The State Board of Education may prescribe procedures for
1958 altering, and, upon written application, may alter, this
1959 requirement during a national, state, or local emergency as it
1960 may apply to an individual school or schools in any district or
1961 districts if, in the opinion of the board, it is not feasible to
1962 make up lost days or hours, and the apportionment may, at the
1963 discretion of the Commissioner of Education and if the board
1964 determines that the reduction of school days or hours is caused
1965 by the existence of a bona fide emergency, be reduced for such
1966 district or districts in proportion to the decrease in the
1967 length of term in any such school or schools. A strike, as
1968 defined in
s. 447.203

s. 447.203(6)
, by employees of the school
1969 district may not be considered an emergency.
1970 Section 30. This act shall take effect July 1, 2026.