THE BILL ITSELF
CS/SB 1298
Public Records/Public Employees Relations Commission
Florida Senate - 2026 CS for SB 1298 By the Committee on Governmental Oversight and Accountability; and Senator Martin 585-02790-26 20261298c1
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A bill to be entitled
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An act relating to public records; amending s.
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447.308, F.S.; providing an exemption from public
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records requirements for a showing of interest signed
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by the employees or the group of employees who no
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longer desire to be represented by a certified
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bargaining agent; providing for future legislative
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review and repeal of the exemption; providing for the
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reversion of specified statutory text under certain
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conditions; providing statements of public necessity;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (1) of section 447.308, Florida
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Statutes, is amended to read:
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447.308 Revocation of certification of employee
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organization.—
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(1) Any employee or group of employees which no longer
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desires to be represented by the certified bargaining agent may
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file with the commission a petition to revoke certification. The
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petition must shall be accompanied by dated statements signed by
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at least 30 percent of the employees in the unit, indicating
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that such employees no longer desire to be represented for
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purposes of collective bargaining by the certified bargaining
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agent. The time of filing said petition is shall be governed by
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the provisions of s. 447.307(3)(d) relating to petitions for
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certification. The showing of interest signed by the employees
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is confidential and exempt from s. 119.07(1) and s. 24(a),
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Article I of the State Constitution, except that any employee ,
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employer, or employee organization having sufficient reason to
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believe any of the employee signatures were obtained by
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collusion, coercion, intimidation, or misrepresentation or are
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otherwise invalid shall be given a reasonable opportunity to
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verify and challenge the signatures appearing on the petition.
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The commission or one of its designated agents shall investigate
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the petition to determine its sufficiency. If the commission
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finds the petition to be insufficient, it may dismiss the
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petition. If the commission finds that the petition is
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sufficient, it shall immediately:
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(a) Identify the bargaining unit and determine which public
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employees shall be qualified and entitled to vote in the
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election held by the commission.
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(b) Identify the public employer or employers.
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(c) Order an election by secret ballot, the cost of said
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election to be borne equally by the parties, except as the
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commission may provide by rule. The commission’s order assessing
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costs of an election may be enforced pursuant to the provisions
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of this part.
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Section 2. The amendment made by this act to s. 447.308(1),
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Florida Statutes, is subject to the Open Government Sunset
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Review Act in accordance with s. 119.15, Florida Statutes, and
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shall stand repealed on October 2, 2031, unless reviewed and
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saved from repeal through reenactment by the Legislature. If the
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expansion of the exemption is not saved from repeal, the text of
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that subsection must revert to that in existence on June 30,
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2026, except that any amendment to such text enacted other than
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by this act must be preserved and continue to operate to the
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extent that such amendments are not dependent upon the amendment
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to the text which expires pursuant to this section.
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Section 3. The Legislature finds that it is a public
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necessity that the showing of interest statements signed by
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public employees indicating their desire to no longer be
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represented by their bargaining agent be made confidential and
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exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
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Article I of the State Constitution. The showing of interest
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statements signed by public employees indicating their desire to
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be represented by a bargaining agent are already confidential
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and exempt pursuant to s. 447.307, Florida Statutes, in order to
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avoid the practical effect of chilling the employees’ exercise
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of the right to form and join a union. Similarly, the showing of
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interest statements seeking to decertify a union must be kept
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confidential in order to avoid the practical effect of chilling
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the employees’ exercise of the right to no longer be represented
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by a union. The Legislature finds that the harm that may result
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from the release of this showing of interest information
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outweighs any public benefit that may be derived from the
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disclosure of the information.
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Section 4. This act shall take effect upon becoming a law.