THE BILL ITSELF
CS/CS/HB 1387
State Economic Development Contracts
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A bill to be entitled
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An act relating to state economic development
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contracts; providing a short title; creating s.
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288.0615, F.S.; defining terms; requiring an employer
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to sign an agreement with the Department of Commerce
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before becoming eligible for an economic development
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incentive; specifying the provisions of the agreement;
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providing applicability; authorizing persons and
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entities to report a suspected violation to the
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department within a specified timeframe; requiring the
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department to determine whether a violation has
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occurred; requiring the department to deliver written
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notice to the Attorney General under certain
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circumstances; requiring the Attorney General to
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request certain information from the employer alleged
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to be in violation; requiring the Attorney General to
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initiate proceedings to recover funds awarded to the
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employer if the employer is found to have violated the
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agreement; providing that the department's findings
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are final; requiring the department to execute a
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separate written agreement with the recipient of the
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economic development incentive before the department
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awards the incentive; specifying the contents of the
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separate agreement; providing the effective periods of
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the separate agreement; providing applicability;
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providing an effective date.
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WHEREAS, the state has the right to set terms and
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conditions in connection with the awarding of economic
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development incentives as part of its economic development
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policy, and
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WHEREAS, the state seeks to play an integral role in the
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formulation of economic opportunities, conditions of grants, and
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general management of compliance with such awards for moneys,
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and
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WHEREAS, the state may, as part of awarding economic
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development incentives, oversee compliance with land use
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regulations, including management of the subdivision of
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property, offer and provide water and wastewater services,
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require fire protection systems and mechanical systems for
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buildings and structures, approve capital grants, and ensure
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such moneys are approved by the Department of Commerce, and
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WHEREAS, the state may, as part of awarding economic
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development incentives, also require a private business to hire
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a certain number of new full-time employees, require a specific
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amount of company investment, and ensure workers obtain certain
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skills and knowledge, and
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WHEREAS, the state has a vested interest in seeking to
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advance and preserve its own interest in projects receiving
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economic development incentives as a financer of projects
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contributing to the state's overall economic health, and
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WHEREAS, it is the intent of the Legislature, as part of
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its economic development policy, that whenever state funds or
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benefits are sought by a private business that such benefits are
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conditioned on the private business agreeing not to waive its
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employees' right to a secret ballot election when recognizing a
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labor organization as a bargaining unit, and
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WHEREAS, it is the intent of the Legislature that whenever
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state funds or benefits are provided or awarded to a private
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business, the private business working on a project receiving
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state funds or benefits may not voluntarily disclose employee
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personal contact information to a labor organization without an
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employee's prior consent or waive its right to speak to its
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employees, NOW, THEREFORE,
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Taxpayer Dollars
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Protect Workers Act."
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Section 2. Section 288.0615, Florida Statutes, is created
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to read:
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288.0615 Employee protections in economic development
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contracts.-
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(1) As used in this section, the term:
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(a) "Contract" means an agreement:
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1. Between an employer and the state; or
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2. Between an employer and a labor organization.
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(b) "Economic development incentive" means a state grant,
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authorized under this chapter for the purposes of economic
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development, provided to an employer to attract or retain the
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employer's physical presence in this state.
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(c) "Employee" means an individual who performs services
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for an employer for wages that are subject to withholding
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requirements under 26 U.S.C. s. 3402.
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(d) "Employer" means a business entity that voluntarily
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pursues economic development incentives authorized under this
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section or enters into an agreement with the department for the
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purpose of receiving those incentives.
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(e) "Labor organization" means any organization of any
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kind, or any agency or employee representation committee or
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plan, in which employees participate and which exists for the
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purpose, in whole or in part, of dealing with employers
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concerning grievances, labor disputes, wages, hours of
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employment, or conditions of work.
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(f) "Neutrality agreement" means an agreement signed with
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a labor organization wherein the employer agrees to conditions
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including, but not limited to, not speaking to employees about
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labor organization issues.
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(g) "Personal contact information" means an employee's
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home address, home or personal cellular telephone number, or
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personal e-mail address.
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(h) "Secret ballot election" means a process conducted by
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the National Labor Relations Board in which an employee casts a
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secret ballot for or against labor organization representation.
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(2)(a) To be eligible for an economic development
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incentive, an employer must sign an agreement with the
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department stating that it will not do any of the following:
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1. Grant union recognition rights for employees solely on
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the basis of signed labor organization authorization cards if
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the selection of a bargaining representative may instead be
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conducted through a secret ballot election conducted by the
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National Labor Relations Board.
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2. Voluntarily disclose an employee's personal contact
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information to a labor organization, or a third party acting on
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behalf of a labor organization, without the employee's written
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consent, unless otherwise required by state or federal law.
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3. Sign a neutrality agreement with a labor organization.
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(b) The prohibitions in paragraph (a) apply to any work or
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service provided to the employer on the project for which the
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economic development incentive is awarded.
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(3)(a) A person or an entity may report, based upon a
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reasonable belief, a violation of paragraph (2)(a) to the
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department, provided that such report is made during the term of
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the separate agreement entered into by the department and the
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employer in subsection (4).
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(b) Upon receiving the report, the department shall,
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within 60 days, determine whether a violation has occurred. If
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the department determines that an employer has violated
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paragraph (2)(a), the department shall deliver written notice of
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its findings to the employer and to the Attorney General. The
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Attorney General shall request from the employer a copy of the
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written agreement and shall initiate proceedings to recover
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funds awarded to the employer. The department's findings are
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final.
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(4) Notwithstanding any other law to the contrary, before
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contracting to award an economic development incentive, the
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department must execute a separate written agreement with the
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recipient of the economic development incentive which reserves
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the right of the department to recover the amount of money,
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grants, funds, or other incentives disbursed by the department
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if the recipient benefiting from such money, grants, funds, or
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other incentives fails to comply with this section. This
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agreement is effective for either:
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(a) The duration of the project, to be determined by the
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department, for an economic development incentive award of less
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than $5 million; or
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(b) No longer than 5 years, for an economic development
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incentive award of $5 million or more.
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(5) This section does not apply to:
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(a) A contract between the state and an employer executed
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before July 1, 2026; or
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(b) A contract between an employer and a labor
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organization executed before July 1, 2026.
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Section 3. This act shall take effect July 1, 2026.