CS/CS/SB 1296 full text · Session Watch

ENROLLED

2026 Legislature CS for CS for SB 1296, 1st Engrossed 20261296er

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.

133 Be It Enacted by the Legislature of the State of Florida:

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.

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:

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.

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 meets 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.

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. An

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.

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. An 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, the implementation of

1568 appropriations to local governments by the Legislature 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 Legislature

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.