CS/CS/HB 995 full text · Session Watch

1 A bill to be entitled

2 An act relating to the Public Employees Relations

3 Commission; amending s. 110.227, F.S.; conforming

4 final order requirements to ch. 120, F.S.; removing a

5 provision requiring exceptions to a recommended order

6 to be filed within a specified timeframe; amending s.

7 112.0455, F.S.; conforming final order requirements to

8 ch. 120, F.S.; revising the timeframe in which an

9 appeal hearing must be conducted; amending s. 120.80,

10 F.S.; providing applicability; amending s. 295.14,

11 F.S.; conforming final order requirements to ch. 120,

12 F.S.; amending s. 447.203, F.S.; providing and

13 revising definitions; amending s. 447.205, F.S.;

14 revising the seal of the Public Employees Relations

15 Commission; amending s. 447.207, F.S.; providing

16 construction relating to the rulemaking authority of

17 the commission; authorizing subpoenas to be served by

18 certified mail, return receipt requested, or by

19 personal service; revising requirements for proof of

20 service; removing the requirement that the commission

21 adopt rules for the qualifications of persons who may

22 serve as mediators; authorizing the commission, under

23 certain circumstances, to waive the application of any

24 provision of part II of ch. 447, F.S., rather than

25 only specified provisions; amending s. 447.301, F.S.;

26 revising requirements for an employee organization

27 membership authorization form; requiring an employee

28 organization, within a specified timeframe, to revoke

29 the membership of and cease the collection of

30 membership dues from a public employee; providing that

31 a membership authorization form is valid if it meets

32 certain requirements; amending s. 447.303, F.S.;

33 authorizing public employees to pay membership dues

34 directly to an employee organization, a parent

35 organization of the employee organization, and any

36 affiliate of such organizations; amending s. 447.305,

37 F.S.; revising application requirements for employee

38 organization registration and renewal of registration;

39 requiring an employee organization to provide an

40 application for renewal of registration to certain

41 persons within a specified timeframe; requiring a

42 bargaining agent to provide missing application

43 information to the commission within a specified

44 timeframe; requiring the commission to dismiss an

45 application for renewal of registration under certain

46 circumstances; requiring the commission to notify the

47 bargaining agent when such application information is

48 complete; requiring the bargaining agent to petition

49 for recertification within a specified timeframe

50 thereafter; requiring the commission or one of its

51 designated agents to conduct an investigation if a

52 challenge to an application for renewal of

53 registration is filed; authorizing a designated agent

54 of the commission to conduct an investigation to

55 confirm validity of submitted information; exempting

56 certain employee organizations from a specified

57 requirement; requiring a registration fee for

58 applications for registration and renewal of

59 registration; requiring certain employee organization

60 accounts to be open for inspection at a reasonable

61 time and place; providing for the revocation of an

62 employee organization's certification under certain

63 circumstances; providing that certain decisions issued

64 by the commission are final agency actions; amending

65 s. 447.307, F.S.; revising requirements for the

66 certification and recertification of an employee

67 organization; creating s. 447.3076, F.S.; authorizing

68 a petition to clarify the composition of a bargaining

69 unit to be filed with the commission under certain

70 circumstances; requiring a copy of the petition to be

71 served on certain persons; requiring the public

72 employer to provide a copy of the petition to certain

73 affected employees within a specified timeframe;

74 requiring a petition to be dismissed under certain

75 circumstances; amending s. 447.308, F.S.; revising

76 requirements for the decertification of an employee

77 organization; amending s. 447.309, F.S.; removing

78 provisions relating to conflicts between any

79 collective bargaining agreement provision and certain

80 laws, ordinances, rules, or regulations; requiring

81 certain agreements to be returned to the bargaining

82 agent, rather than the employee organization;

83 requiring collective bargaining agreements to contain

84 specified terms and conditions; amending s. 447.401,

85 F.S.; conforming provisions to changes made by the

86 act; amending s. 447.403, F.S.; providing requirements

87 for when an impasse occurs; requiring a hearing within

88 a specified timeframe; authorizing the recommended

89 decision of a special magistrate from an impasse

90 hearing to be transmitted by any method of service

91 that establishes proof of delivery; amending s.

92 447.405, F.S.; conforming provisions to changes made

93 by the act; amending s. 447.4095, F.S.; providing that

94 salary increases appropriated by the Legislature are

95 considered a financial urgency; providing meeting and

96 dispute requirements; prohibiting unfair labor charges

97 to be filed during specified time periods; amending s.

98 447.501, F.S.; requiring a public employer to provide

99 to all employee organizations or petitioning employees

100 equal access to the employer's facilities and

101 communication systems for a specified time period;

102 amending s. 447.503, F.S.; authorizing certain public

103 employers, public employees, and employee

104 organizations, or combinations thereof, to file

105 certain charges with the commission; amending s.

106 447.507, F.S.; increasing fines for certain

107 violations; amending s. 447.509, F.S.; prohibiting

108 public employers, their agents or representatives, and

109 any persons acting on their behalf from taking certain

110 actions; authorizing certain actions by public

111 employees under certain circumstances; providing

112 exceptions; amending ss. 110.114, 110.205, 112.3187,

113 121.031, 447.02, 447.609, and 1011.60, F.S.;

114 conforming cross-references and provisions to changes

115 made by the act; providing an effective date.

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

119 Section 1. Paragraph (d) of subsection (6) of section

120 110.227, Florida Statutes, is amended to read:

121 110.227 Suspensions, dismissals, reductions in pay,

122 demotions, layoffs, transfers, and grievances.—

123 (6) The following procedures shall apply to appeals filed

124 pursuant to subsection (5) with the Public Employees Relations

125 Commission, hereinafter referred to as the commission:

126 (d) A recommended order must ~~shall~~ be issued by the

127 hearing officer within 30 days after ~~following~~ the hearing.

128 ~~Exceptions to the recommended order shall be filed within 15~~

129 ~~days after the recommended order is issued.~~ The final order must

130 be issued ~~shall be filed~~ by the commission in accordance with

131 ss. 120.569 and 120.57 ~~no later than 45 calendar days after the~~

132 ~~hearing or after the filing of exceptions or oral arguments if~~

133 ~~granted.~~

134 Section 2. Paragraph (a) of subsection (14) of section

135 112.0455, Florida Statutes, is amended to read:

136 112.0455 Drug-Free Workplace Act.—

137 (14) DISCIPLINE REMEDIES.—

138 (a) An executive branch employee who is disciplined or who

139 is a job applicant for another position and is not hired

140 pursuant to this section, may file an appeal with the Public

141 Employees Relations Commission. Any appeal must be filed within

142 30 calendar days after of receipt by the employee or job

143 applicant of notice of discipline or refusal to hire. The notice

144 shall inform the employee or job applicant of the right to file

145 an appeal, or if available, the right to file a collective

146 bargaining grievance pursuant to s. 447.401. Such appeals shall

147 be resolved pursuant to the procedures established in ss.

148 447.207(1)-(4), 447.208(2), and 447.503(4) and (5). A hearing on

149 the appeal shall be conducted within 60 30 days after of the

150 filing of the appeal, unless an extension is requested by the

151 employee or job applicant and granted by the commission or an

152 arbitrator. The final order must be issued by the commission in

153 accordance with ss. 120.569 and 120.57.

154 Section 3. Paragraph (c) is added to subsection (12) of section 120.80, Florida Statutes, to read:

156 120.80 Exceptions and special requirements; agencies.—

157 (12) PUBLIC EMPLOYEES RELATIONS COMMISSION.—

158 (c) Section 120.60 does not apply to registration of

159 employee organizations under s. 447.305.

160 Section 4. Subsection (1) of section 295.14, Florida

161 Statutes, is amended to read:

162 295.14 Penalties.—

163 (1) When the Public Employees Relations Commission, after

164 a hearing on notice conducted according to rules adopted by the

165 commission, determines that a violation of s. 295.07, s. 295.08,

166 s. 295.085, or s. 295.09(1)(a) or (b) has occurred and sustains

167 the veteran seeking redress, the commission shall order the

168 offending agency, employee, or officer of the state to comply

169 with ~~the provisions of~~ s. 295.07, s. 295.08, s. 295.085, or s.

170 295.09(1)(a) or (b); and, in the event of a violation of s.

171 295.07, s. 295.08, s. 295.085, or s. 295.09(1)(a) or (b), the

172 commission may issue an order to compensate the veteran for the

173 loss of any wages and reasonable attorney ~~attorney's~~ fees for

174 actual hours worked, and costs of all work, including

175 litigation, incurred as a result of such violation, which order

176 shall be conclusive on the agency, employee, or officer

177 concerned. The attorney ~~attorney's~~ fees and costs may not exceed

178 $10,000. The final order must be issued by ~~action of~~ the

179 commission in accordance with ss. 120.569 and 120.57 ~~shall be in~~

180 ~~writing and shall be served on the parties concerned by~~

181 ~~certified mail with return receipt requested.~~

182 Section 5. Section 447.203, Florida Statutes, is amended

183 to read:

184 447.203 Definitions.—As used in this part:

185 ~~(1)(12)~~ "Bargaining agent" means the employee organization

186 that ~~which~~ has been certified by the commission as representing

187 the employees in the bargaining unit, as provided in s. 447.307,

188 or its representative.

189 (2)(8) "Bargaining unit" means either that unit determined

190 by the commission, that unit determined through local

191 regulations adopted ~~promulgated~~ pursuant to s. 447.603, or that

192 unit determined by the public employer and the public employee

193 organization and approved by the commission to be appropriate

194 for the purposes of collective bargaining. However, no

195 bargaining unit shall be defined as appropriate which includes

196 employees of two employers that are not departments or divisions

197 of the state, a county, a municipality, or other political

198 entity.

199 (3)(9) "Chief executive officer" for the state means ~~shall~~

200 ~~mean~~ the Governor and for other public employers means ~~shall~~

201 ~~mean~~ the person, whether elected or appointed, who is

202 responsible to the legislative body of the public employer for

203 the administration of the governmental affairs of the public

204 employer.

205 ~~(4)(16)~~ "Civil service" means any career, civil, or merit

206 system used by any public employer.

207 ~~(5)(14)~~ "Collective bargaining" means the performance of

208 the mutual obligations of the public employer and the bargaining

209 agent of the employee organization to meet at reasonable times,

210 to negotiate in good faith, and to execute a written contract

211 with respect to agreements reached concerning the terms and

212 conditions of employment, except that neither party shall be

213 compelled to agree to a proposal or be required to make a

214 concession unless otherwise provided in this part.

215 (6)(1) "Commission" means the Public Employees Relations

216 Commission created by s. 447.205.

217 (7)(5) "Confidential employees" means ~~are~~ persons who act

218 in a confidential capacity to assist or aid managerial employees

219 as defined in subsection (12) ~~(4).~~

220 ~~(8)(11)~~ "Employee organization" or "organization" means

221 any labor organization, union, association, fraternal order,

222 occupational or professional society, or group, however

223 organized or constituted, which represents, or seeks to

224 represent, any public employee or group of public employees

225 concerning any matters relating to their employment relationship

226 with a public employer.

227 (9) "Employee organization activities" means activities

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

229 purposes of an employee organization or any parent organization

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

231 following:

232 (a) Supporting or opposing a candidate for federal, state,

233 or local public office.

234 (b) Influencing the passage or defeat of any federal or

235 state legislation or regulation, local ordinance or resolution,

236 or ballot measure.

237 (c) Promoting or soliciting membership or participation

238 in, or financial support of, an employee organization or any

239 parent organization or affiliate of the employee organization.

240 (d) Seeking certification as a bargaining agent.

241 (e) Participating in the administration, business, or

242 internal governance of an employee organization or any parent

243 organization or affiliate of the employee organization.

244 (f) Preparing, conducting, or attending employee

245 organization events, conferences, conventions, meetings, or

246 trainings, unless such training is directly related to the

247 performance of a public employee's job duties.

248 (g) Distributing communications of an employee

249 organization or any parent organization or affiliate of the

250 employee organization.

251 (h) Representing or speaking on behalf of an employee

252 organization or any parent organization or affiliate of the

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

254 which the public employer is not a participant.

255 (i) Preparing, filing, or pursuing unfair labor practice

256 charges or grievances.

257 (j) Representing public employees in investigatory

258 interviews; disciplinary proceedings or appeals, including

259 termination; or other administrative or legal proceedings.

260 (k) Engaging in collective bargaining and any related

261 mediation, factfinding, or arbitration.

262 (l) Administering a collective bargaining agreement.

263 (m) Participating in labor-management committees.

264 ~~(10)(17)~~ "Good faith bargaining" means ~~shall mean,~~ but is

265 not be limited to, the willingness of both parties to meet at

266 reasonable times and places, as mutually agreed upon, in order

267 to discuss issues that ~~which~~ are proper subjects of bargaining,

268 with the intent of reaching a common accord. The term includes

269 ~~It shall include~~ an obligation for both parties to participate

270 actively in the negotiations with an open mind and a sincere

271 desire, as well as making a sincere effort, to resolve

272 differences and come to an agreement. In determining whether a

273 party failed to bargain in good faith, the commission shall

274 consider the total conduct of the parties during negotiations as

275 well as the specific incidents of alleged bad faith. Incidents

276 indicative of bad faith shall include, but not be limited to,

277 the following occurrences:

278 (a) Failure to meet at reasonable times and places with

279 representatives of the other party for the purpose of

280 negotiations.

281 (b) Placing unreasonable restrictions on the other party

282 as a prerequisite to meeting.

283 (c) Failure to discuss proper subjects of bargaining

284 ~~bargainable issues.~~

285 (d) Refusing, upon reasonable written request, to provide

286 public information, excluding work products as defined in s.

287 447.605.

288 (e) Refusing to negotiate because of an unwanted person on

289 the opposing negotiating team.

290 (f) Negotiating directly with employees rather than with

291 their ~~certified~~ bargaining agent.

292 (g) Refusing to reduce a total agreement to writing.

293 ~~(11)(10)~~ "Legislative body" means the State Legislature,

294 the board of county commissioners, the district school board,

295 the governing body of a municipality, or the governing body of

296 an instrumentality or unit of government having authority to

297 appropriate funds and establish policy governing the terms and

298 conditions of employment and which, as the case may be, is the

299 appropriate legislative body for the bargaining unit. For

300 purposes of s. 447.403, the Board of Governors of the State

301 University System, or the board's designee, shall be deemed to

302 be the legislative body with respect to all employees of each

303 constituent state university. For purposes of s. 447.403, the

304 board of trustees of a community college shall be deemed to be

305 the legislative body with respect to all employees of the

306 community college.

307 (12)(4) "Managerial employees" means ~~are~~ those employees

308 who:

309 (a) Perform jobs that are not of a routine, clerical, or

310 ministerial nature and require the exercise of independent

311 judgment in the performance of such jobs and to whom one or more

312 of the following applies:

313 1. They formulate or assist in formulating policies which

314 are applicable to bargaining unit employees.

315 2. They may reasonably be required on behalf of the

316 employer to assist in the preparation for the conduct of

317 collective bargaining negotiations.

318 3. They have a role in the administration of agreements

319 resulting from collective bargaining negotiations.

320 4. They have a significant role in personnel

321 administration.

322 5. They have a significant role in employee relations.

323 6. They are included in the definition of administrative

324 personnel contained in s. 1012.01(3).

325 7. They have a significant role in the preparation or

326 administration of budgets for any public agency or institution

327 or subdivision thereof.

328 (b) Serve as police chiefs, fire chiefs, or directors of

329 public safety of any police, fire, or public safety department.

330 Other police officers, as defined in s. 943.10(1), and

331 firefighters, as defined in s. 633.102, may be determined by the

332 commission to be managerial employees of such departments. In

333 making such determinations, the commission shall consider, in

334 addition to the criteria established in paragraph (a), the

335 paramilitary organizational structure of the department

336 involved.

338 However, in determining whether an individual is a managerial

339 employee pursuant to paragraph (a) or paragraph (b), ~~above,~~ the

340 commission may consider historic relationships of the employee

341 to the public employer and to coemployees.

342 (13) "Membership dues" means employee organization dues;

343 uniform assessments; fees, including initiation fees; or

344 voluntary contributions paid in exchange for membership in an

345 employee organization or as a member of the employee

346 organization.

347 ~~(14)(15)~~ "Membership dues deduction" means the practice by

348 of a public employer of deducting membership dues ~~and uniform~~

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

350 ~~Such term also means the practice of a public employer of~~

351 transmitting the sums so deducted to an ~~such~~ employee

352 organization on behalf of the public employee.

353 ~~(15)(13)~~ "Professional employee" means:

354 (a) Any employee engaged in work in any two or more of the

355 following categories:

356 1. Work predominantly intellectual and varied in character

357 as opposed to routine mental, manual, mechanical, or physical

358 work.;

359 2. Work involving the consistent exercise of discretion

360 and judgment in its performance.;

361 3. Work of such a character that the output produced or

362 the result accomplished cannot be standardized in relation to a

363 given period of time.; ~~and~~

364 4. Work requiring advanced knowledge in a field of science

365 or learning customarily acquired by a prolonged course of

366 specialized intellectual instruction and study in an institution

367 of higher learning or a hospital, as distinguished from a

368 general academic education, an apprenticeship, or training in

369 the performance of routine mental or physical processes.

370 (b) Any employee who:

371 1. Has completed the course of specialized intellectual

372 instruction and study described in subparagraph (a)4. ~~4. of~~

373 ~~paragraph (a); and~~

374 2. Is performing related work under supervision of a

375 professional person to qualify to become a professional employee

376 as defined in paragraph (a).

377 (16)(3) "Public employee" means any person employed by a

378 public employer except:

379 (a) Those persons appointed by the Governor or elected by

380 the people, agency heads, and members of boards and commissions.

381 (b) Those persons holding positions by appointment or

382 employment in the organized militia.

383 (c) Those individuals acting as negotiating

384 representatives for employer authorities.

385 (d) Those persons who are designated by the commission as

386 managerial or confidential employees pursuant to criteria

387 contained herein.

388 (e) Those persons holding positions of employment with the

389 Florida Legislature.

390 (f) Those persons who have been convicted of a crime and

391 are inmates confined to institutions within the state.

392 (g) Those persons appointed to inspection positions in

393 federal/state fruit and vegetable inspection service whose

394 conditions of appointment are affected by the following:

395 1. Federal license requirement.

396 2. Federal autonomy regarding investigation and

397 disciplining of appointees.

398 3. Frequent transfers due to harvesting conditions.

399 (h) Those persons employed by the Public Employees

400 Relations Commission.

401 (i) Those persons enrolled as undergraduate students in a

402 state university who perform part-time work for the state

403 university.

404 (17)(2) "Public employer" or "employer" means the state or

405 any county, municipality, or special district or any subdivision

406 or agency thereof which the commission determines has sufficient

407 legal distinctiveness properly to carry out the functions of a

408 public employer. With respect to all public employees determined

409 by the commission as properly belonging to a statewide

410 bargaining unit composed of State Career Service System

411 employees or Selected Professional Service employees, the

412 Governor is deemed to be the public employer; and the Board of

413 Governors of the State University System, or the board's

414 designee, is deemed to be the public employer with respect to

415 all public employees of each constituent state university. The

416 board of trustees of a community college is deemed to be the

417 public employer with respect to all employees of the community

418 college. The district school board is deemed to be the public

419 employer with respect to all employees of the school district.

420 The Board of Trustees of the Florida School for the Deaf and the

421 Blind is deemed to be the public employer with respect to the

422 academic and academic administrative personnel of the Florida

423 School for the Deaf and the Blind. The Governor is deemed to be

424 the public employer with respect to all employees in the

425 Correctional Education Program of the Department of Corrections

426 established pursuant to s. 944.801.

427 (18) "Public safety unit" means a bargaining unit in which

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

429 enforcement officer, correctional officer, or correctional

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

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

432 633.102(9); a 911 public safety telecommunicator as defined in

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

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

435 (19) "Representational employee organization activities"

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

437 (20) "Showing of interest" means written statements signed

438 and dated by public employees in a proposed or existing

439 bargaining unit indicating the desire of the public employees

440 either to be represented by the employee organization for

441 purposes of collective bargaining or to no longer be represented

442 by the bargaining agent for purposes of collective bargaining.

443 (21)(6) "Strike" means the concerted failure of employees

444 to report for duty; the concerted absence of employees from

445 their positions; the concerted stoppage of work by employees;

446 the concerted submission of resignations by employees; the

447 concerted abstinence in whole or in part by any group of

448 employees from the full and faithful performance of the duties

449 of employment with a public employer for the purpose of

450 inducing, influencing, condoning, or coercing a change in the

451 terms and conditions of employment or the rights, privileges, or

452 obligations of public employment, or participating in a

453 deliberate and concerted course of conduct which adversely

454 affects the services of the public employer; the concerted

455 failure of employees to report for work after the expiration of

456 a collective bargaining agreement; and picketing in furtherance

457 of a work stoppage. The term includes ~~"strike" shall also mean~~

458 any overt preparation, including, but not limited to, the

459 establishment of strike funds with regard to the ~~above-listed~~

460 activities listed in this subsection.

461 (22)(7) "Strike funds" means ~~are~~ any appropriations by an

462 employee organization which are established to directly or

463 indirectly aid any employee or employee organization to

464 participate in a strike in the state.

465 (23)(18) "Student representative" means the representative

466 selected by each community college or university student

467 government association. Each representative may be present at

468 all negotiating sessions that take place between the appropriate

469 public employer and a ~~an exclusive~~ bargaining agent. The

470 representative must be enrolled as a student with at least 8

471 credit hours in the respective community college or university

472 during his or her term as student representative.

473 Section 6. Subsection (8) of section 447.205, Florida

474 Statutes, is amended to read:

475 447.205 Public Employees Relations Commission.—

476 (8) The commission shall have a seal for authentication of

477 its orders and proceedings, upon which shall be inscribed the

478 words "State of Florida—Public Employees Relations Commission"

479 ~~"State of Florida—Employees Relations Commission—and~~ which shall

480 be judicially noticed.

481 Section 7. Subsections (1), (4), (5), (6), and (12) of

482 section 447.207, Florida Statutes, are amended to read:

483 447.207 Commission; powers and duties.—

484 (1) The commission shall, in accordance with chapter 120,

485 adopt, promulgate, amend, or rescind such rules and regulations

486 as it deems necessary and administratively feasible to carry out

487 the provisions of this part. Any additional grants of rulemaking

488 authority contained in this part do not limit the grant of

489 rulemaking authority in this section.

490 (4) Any subpoena, ~~notice of hearing, or other process or~~

491 ~~notice of the commission~~ issued under ~~the provisions of~~ this

492 part must either ~~shall~~ be served ~~personally or~~ by certified

493 mail, return receipt requested, or be served personally by any

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

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

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

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

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

499 affidavit of the person making service constitutes proof of

500 service. ~~A return made and verified by the individual making~~

501 ~~such service and setting forth the manner of such service is~~

502 ~~proof of service, and a returned post office receipt, when~~

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

504 ~~court to which application may be made under the provisions of~~

505 ~~this part shall be served in the county wherein the persons~~

506 ~~required to be served reside or may be found.~~

507 (5) The commission shall adopt rules as to the

508 qualifications of persons who may serve as ~~mediators and~~ special

509 magistrates and shall maintain a list ~~lists~~ of such qualified

510 persons who are not employees of the commission. The commission

511 may initiate dispute resolution procedures by special

512 magistrates, pursuant to ~~the provisions of~~ this part.

513 (6) Pursuant to its established procedures, the commission

514 shall resolve questions and controversies concerning claims for

515 recognition as the bargaining agent for a bargaining unit,

516 determine or approve units appropriate for purposes of

517 collective bargaining, expeditiously process charges of unfair

518 labor practices and violations of s. 447.505 by public

519 employees, and resolve such other questions and controversies as

520 it may be authorized herein to undertake. The petitioner,

521 charging party, respondent, and any intervenors shall be the

522 adversary parties before the commission in any adjudicatory

523 proceeding conducted pursuant to this part. Any commission

524 statement of general applicability that implements, interprets,

525 or prescribes law or policy, made in the course of adjudicating

526 a case ~~pursuant to s. 447.307 or s. 447.503~~ shall not constitute

527 a rule within the meaning of s. 120.52.

528 (12) Upon a petition by a public employer after it has

529 been notified by the Department of Labor that the public

530 employer's protective arrangement covering mass transit

531 employees does not meet the requirements of 49 U.S.C. s. 5333(b)

532 and would jeopardize the public employer's continued eligibility

533 to receive Federal Transit Administration funding, the

534 commission may waive the application of this part, but only to

535 the extent necessary for the public employer to comply with ~~the~~

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

537 ~~an employee organization that has been certified as a bargaining~~

538 ~~agent to represent mass transit employees:~~

539 ~~(a) The prohibition on dues and assessment deductions~~

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

541 ~~employee who has provided a copy of his or her membership~~

542 ~~authorization form to the employer as part of the authorization~~

543 ~~of dues deduction under a waiver.~~

544 ~~(b) The requirement to petition the commission for~~

545 ~~recertification.~~

546 ~~(c) The revocation of certification provided in s.~~

547 ~~447.305(6) and (7).~~

548 Section 8. Paragraph (b) of subsection (1) and subsection

549 (2) of section 447.301, Florida Statutes, are amended to read:

550 447.301 Public employees' rights; organization and

551 representation.—

552 (1)

553 (b)1. A public employee who desires to be a member of an

554 employee organization must sign and date a membership

555 authorization form, as prescribed by the commission, and submit

556 the executed form to the bargaining agent.

557 2. The membership authorization form must identify the

558 name of the bargaining agent; the name of the employee; the

559 class code and class title of the employee; the name of the

560 public employer and employing agency, if applicable; the amount

561 of the membership ~~initiation fee and of the monthly~~ dues which

562 the public employee ~~member~~ must pay; and the names ~~name~~ and

563 amounts ~~total amount of salary, allowances, and other direct or~~

564 ~~indirect disbursements, including reimbursements, paid to each~~

565 ~~of the five highest compensated officers and employees of the~~

566 ~~employee organization~~ disclosed under s. 447.305(2)(d) for the

567 officers and employees receiving the five highest total dollar

568 amounts.

569 3. The membership authorization form must contain the

570 following statement in 14-point type:

572 As a public employee in the State of Florida, ~~is a right-to-work~~

573 ~~state.~~ membership or nonmembership ~~non-membership~~ in a labor

574 union is not required as a condition of employment., ~~and~~ Union

575 membership and payment of membership ~~union~~ dues ~~and assessments~~

576 are voluntary. A public employee's ~~Each person has the~~ right to

577 join and pay membership dues to a labor union or to refrain from

578 joining and paying membership dues to a labor union is protected

579 by both Florida's right-to-work law and the First Amendment of

580 the United States Constitution. A public employer may not

581 discriminate against a public No employee ~~may be discriminated~~

582 ~~against in any manner~~ for joining and financially supporting, a

583 ~~labor union~~ or ~~for~~ refusing to join and or financially support,

584 a labor union.

585 4. A public employee may revoke membership in the employee

586 organization at any time ~~of the year.~~ Within 30 days after ~~Upon~~

587 receipt of the public employee's written revocation of

588 membership, the employee organization must revoke the a public

589 employee's membership and cease collection of membership dues

590 for such public employee. The employee organization may not

591 limit a public an employee's right to revoke membership to

592 certain dates. If a public employee must complete a form to

593 revoke membership in the employee organization, the form may not

594 require a reason for the public employee's decision to revoke

595 his or her membership.

596 5. An employee organization must retain for inspection by

597 the commission such membership authorization forms and any

598 revocations. A membership authorization form is valid if it

599 meets the requirements in law at the time it was signed by the

600 employee and if the employee's membership has not been

601 subsequently revoked.

602 6. This paragraph does not apply to public employees in

603 public safety units ~~members of a bargaining unit the majority of~~

604 ~~whose employees eligible for representation are employed as law~~

605 ~~enforcement officers, correctional officers, or correctional~~

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

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

608 ~~633.102; 911 public safety telecommunicators as defined in s.~~

609 ~~401.465(1)(a); or emergency medical technicians or paramedics as~~

610 ~~defined in s. 401.23.~~

611 7. The commission may adopt rules to implement this

612 paragraph.

613 (2) Public employees ~~shall~~ have the right to be

614 represented by any employee organization of their own choosing

615 and to negotiate collectively, through a ~~certified~~ bargaining

616 agent, with their public employer in the determination of the

617 terms and conditions of their employment. Public employees ~~shall~~

618 have the right to be represented in the determination of

619 grievances on all terms and conditions of their employment.

620 Public employees ~~shall~~ have the right to refrain from exercising

621 the right to be represented.

622 Section 9. Subsections (1) and (2) of section 447.303,

623 Florida Statutes, are amended to read:

624 447.303 Membership dues; deduction and collection.—

625 (1) Except as authorized in subsection (2) or subject to a

626 waiver of the prohibition on membership dues deduction granted

627 pursuant to s. 447.207(12), a public employer may not engage in

628 membership dues deduction on behalf of ~~s. 447.207(12)(a),~~ an

629 employee organization ~~that has been certified as a bargaining~~

630 ~~agent may not have its dues and uniform assessments deducted and~~

631 ~~collected by the employer from the salaries of those employees~~

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

633 ~~uniform assessments~~ directly to the employee organization, any

634 parent organization of the employee organization, and any

635 affiliate of either the employee organization or the parent

636 organization ~~that has been certified as the bargaining agent.~~

637 (2)(a) Upon the written authorization of a public employee

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

639 membership dues deduction for such public employee. A public

640 employee may revoke his or her authorization for membership dues

641 deduction upon providing 30 days' written notice to the public

642 employer and bargaining agent ~~An employee organization that has~~

643 ~~been certified as a bargaining agent to represent a bargaining~~

644 ~~unit the majority of whose employees eligible for representation~~

645 ~~are employed as law enforcement officers, correctional officers,~~

646 ~~or correctional probation officers as those terms are defined in~~

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

648 ~~in s. 633.102; 911 public safety telecommunicators as defined in~~

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

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

651 ~~uniform assessments for that bargaining unit deducted and~~

652 ~~collected by the employer from the salaries of those employees~~

653 ~~who authorize the deduction and collection of said dues and~~

654 ~~uniform assessments. However, such authorization is revocable at~~

655 ~~the employee's request upon 30 days' written notice to the~~

656 ~~employer and employee organization. Said deductions shall~~

657 ~~commence upon the bargaining agent's written request to the~~

658 ~~employer.~~

659 (b) Reasonable costs to the public employer of engaging in

660 membership dues ~~said~~ deductions is a proper subject of

661 collective bargaining.

662 (c) The requirement to engage in membership dues

663 deductions ~~Such right to deduction,~~ unless revoked under s.

664 447.507, is in force as ~~for so~~ long as the ~~employee organization~~

665 ~~remains the certified~~ bargaining agent remains certified to

666 represent ~~for~~ the public employees in the bargaining unit.

667 Section 10. Section 447.305, Florida Statutes, is amended

668 to read:

669 447.305 Registration of employee organizations

670 ~~organization.—~~

671 (1) Every employee organization seeking to become a

672 ~~certified~~ bargaining agent for public employees shall register

673 with the commission before ~~pursuant to the procedures set forth~~

674 ~~in s. 120.60 prior to requesting recognition by a public~~

675 ~~employer for purposes of collective bargaining and prior to~~

676 submitting a certification, recertification, or unit

677 clarification petition ~~to the commission requesting~~

678 ~~certification as an exclusive bargaining agent. Further,~~ If an

679 ~~such~~ employee organization is not registered, it may not do any

680 of the following: participate in a certification,

681 recertification, or unit clarification ~~representation~~ hearing;,

682 participate in a certification or recertification ~~representation~~

683 election;, or be certified as a ~~an exclusive~~ bargaining agent.

684 The application for registration required by this section must

685 ~~shall~~ be under oath, ~~and~~ in such form as the commission may

686 prescribe, and ~~shall~~ include all of the following:

687 (a) The name and address of the organization and of any

688 parent organization or affiliate of the employee organization

689 ~~with which it is affiliated.~~

690 (b) The names and addresses of the principal officers and

691 all representatives of the organization.

692 (c) The amount ~~of the initiation fee and the amount~~ and

693 collection frequency of the membership dues ~~and uniform~~

694 ~~assessments~~ that a member of the organization must pay.

695 (d) The current annual financial statement of the

696 organization, prepared by an independent certified public

697 accountant licensed under chapter 473.

698 (e) The name of its business agent, if any; if different

699 from the business agent, the name of its local agent for service

700 of process; and the addresses where such person or persons can

701 be reached.

702 (f) A pledge, in a form prescribed by the commission, that

703 the employee organization will conform to the laws of this ~~the~~

704 state and that it will accept members without regard to age,

705 race, sex, religion, or national origin.

706 (g) A copy of the current constitution and bylaws of the

707 employee organization.

708 (h) A copy of the current constitution and bylaws of the

709 state and national groups with which the employee organization

710 is affiliated or associated. In lieu of this provision, and upon

711 adoption of a rule by the commission, a state or national

712 affiliate or parent organization of any registering employee

713 ~~labor~~ organization may annually submit a copy of its current

714 constitution and bylaws.

715 (2) A registration granted to an employee organization

716 pursuant to this section runs for 1 year after ~~from~~ the date of

717 issuance. A registration must be renewed annually by filing an

718 application for renewal under oath with the commission, which

719 application must reflect any changes in the information provided

720 to the commission in conjunction with the employee

721 organization's preceding application for registration or

722 previous renewal, whichever is applicable. Each application for

723 renewal of registration must include a current annual financial

724 statement, prepared by an independent certified public

725 accountant licensed under chapter 473 and signed by the employee

726 organization's president and treasurer or corresponding

727 principal officers, containing the following information in such

728 detail as may be necessary to accurately to disclose its

729 financial condition and operations for its preceding fiscal year

730 and in all of the following ~~such~~ categories as prescribed by the

731 commission ~~may prescribe:~~

732 (a) Assets and liabilities at the beginning and end of the

733 fiscal year.;

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

735 (c) Disbursements by category.;

736 (d) Salary, wages, fringe benefits, allowances, and other

737 direct or indirect disbursements, including reimbursed expenses,

738 paid or accruing to each of its officers ~~officer~~ and also to

739 each of its employees ~~employee~~ who, during such fiscal year,

740 received more than $10,000 in the aggregate from such employee

741 organization and any parent organization of the ~~other~~ employee

742 organization or any affiliate of either the employee

743 organization or the parent organization. This paragraph requires

744 reporting of any reimbursements paid by the employee

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

746 employer to the employee organization's officers or employees.

747 ~~affiliated with it or with which it is affiliated or which is~~

748 ~~affiliated with the same national or international employee~~

749 ~~organization;~~

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

751 ~~officer,~~ employees ~~employee,~~ or members ~~member~~ which aggregated

752 more than $250 during the fiscal year, together with a statement

753 of the purpose, security, if any, and arrangements for

754 repayment.; ~~and~~

755 (f) Direct and indirect loans to any business enterprise,

756 together with a statement of the purpose, security, if any, and

757 arrangements for repayment.

758 (g) The amount of membership dues retained by or

759 distributed to each of the following: the employee organization,

760 any parent organization of the employee organization, and any

761 affiliate of either the employee organization or the parent

762 organization.

763 (3) As part of its application for renewal of

764 registration, a ~~In addition to subsection (2), an employee~~

765 ~~organization that has been certified as the~~ bargaining agent ~~for~~

766 ~~public employees~~ must include all of ~~for each such certified~~

767 ~~bargaining unit~~ the following information ~~and documentation~~ as

768 of the 30th day immediately preceding the date upon which its

769 current registration is scheduled to end ~~for any renewal of~~

770 ~~registration on or after October 1, 2023:~~

771 (a) For each bargaining unit for which the bargaining

772 agent is certified, the certification number assigned to the

773 bargaining unit by the commission.

774 (b)(a) For each certification, the number of public

775 employees in the bargaining unit ~~who are eligible for~~

776 ~~representation by the employee organization.~~

777 (c) For each certification, the number of public employees

778 in the bargaining unit who paid full membership dues sufficient

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

780 (d)(b) For each certification, the number of public

781 employees in the bargaining unit who have submitted signed

782 membership authorization forms without a subsequent revocation

783 of such membership.

784 ~~(c) The number of employees in the bargaining unit who~~

785 ~~paid dues to the employee organization.~~

786 ~~(d) The number of employees in the bargaining unit who did~~

787 ~~not pay dues to the employee organization.~~

788 (e) An agreed-upon procedures report performed

789 ~~Documentation provided~~ by an independent certified public

790 accountant retained by the employee organization to assist in

791 determining the accuracy of ~~which verifies~~ the information

792 provided in paragraphs (b), (c), and (d). The agreed-upon

793 procedures must be conducted in accordance with attestation

794 standards established by the American Institute of Certified

795 Public Accountants ~~(a)-(d).~~

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

797 of registration with the commission, the employee organization

798 must provide a copy of its application ~~for renewal of~~

799 ~~registration relating to a public employer's employees~~ to the

800 public employer and public employees of each bargaining unit for

801 which the employee organization is the bargaining agent ~~on the~~

802 ~~same day the application is submitted to the commission.~~

803 (5) ~~An application for renewal of registration is~~

804 ~~incomplete and is not eligible for consideration by~~ The

805 commission must notify the bargaining agent if ~~it does not~~

806 ~~include all of~~ the information ~~and documentation~~ required in

807 subsection (3) is incomplete. The bargaining agent must provide

808 the missing information to the commission within 30 days after

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

810 missing information within 30 days after notification, the

811 commission must dismiss the application ~~The commission shall~~

812 ~~notify the employee organization if the application is~~

813 ~~incomplete. An incomplete application must be dismissed if the~~

814 ~~required information and documentation are not provided within~~

815 ~~10 days after the employee organization receives such notice.~~

816 (6) The commission must notify the bargaining agent when

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

818 30 days after such notification, the bargaining agent must

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

820 its bargaining units ~~Notwithstanding the provisions of this~~

821 ~~chapter relating to collective bargaining, an employee~~

822 ~~organization certified as a bargaining agent to represent a~~

823 ~~bargaining unit~~ for which less than 60 percent of the public

824 ~~unit~~ employees in the bargaining unit have submitted membership

825 authorization forms without subsequent revocation and paid

826 membership dues to the organization, as reported under

827 subsection (3) ~~during its last registration period must petition~~

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

829 ~~recertification as the exclusive representative of all employees~~

830 ~~in the bargaining unit within 30 days after the date on which~~

831 ~~the employee organization applies for renewal of registration~~

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

833 ~~organization that does not comply with this section is revoked.~~

834 (7) If a ~~The~~ public employer or a public employee of a

835 bargaining unit represented by a bargaining agent believes that

836 the bargaining agent's ~~employee may challenge an employee~~

837 ~~organization's~~ application for renewal of registration is

838 materially inaccurate, if the public employer or public

839 ~~bargaining unit~~ employee may challenge ~~believes that~~ the

840 application as materially is inaccurate during the pendency of

841 the application or, if the registration renewal has been

842 granted, before the date upon which the bargaining agent's

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

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

845 conduct an investigation pursuant to subsection (8) ~~shall review~~

846 ~~the application to determine its accuracy and compliance with~~

847 ~~this section. If the commission finds that the application is~~

848 ~~inaccurate or does not comply with this section, the commission~~

849 ~~shall revoke the registration and certification of the employee~~

850 ~~organization.~~

851 (8) The commission or one of its designated agents may

852 conduct an investigation to confirm the validity of any

853 information submitted pursuant to this section. The commission

854 may revoke or deny an employee organization's registration or

855 certification if it finds that the employee organization:

856 (a) Failed to cooperate with the investigation conducted

857 pursuant to this subsection, including refusal to permit the

858 commission or one of its designated agents to inspect membership

859 authorization forms or revocations pursuant to s.

860 447.301(1)(b)5.; or

861 (b) Intentionally misrepresented the information it

862 submitted pursuant to this section.

864 ~~A decision issued by the commission pursuant to this subsection~~

865 ~~is a final agency action that is reviewable pursuant to s.~~

866 ~~447.504.~~

867 (9) An employee organization is exempt from the

868 requirements of subsections (3)-(8) and (12) for each public

869 safety unit it represents ~~only with respect to the circumstances~~

870 ~~of each bargaining unit the majority of whose employees eligible~~

871 ~~for representation are employed as law enforcement officers,~~

872 ~~correctional officers, or correctional probation officers as~~

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

874 ~~respectively; firefighters as defined in s. 633.102; 911 public~~

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

876 ~~emergency medical technicians or paramedics as defined in s.~~

877 ~~401.23.~~

878 (10) A registration fee must ~~shall~~ accompany each

879 application for registration or renewal of registration filed

880 with the commission. The registration fee may ~~amount charged for~~

881 ~~an application for registration or renewal of registration shall~~

882 not exceed $15. All such money collected by the commission shall

883 be deposited in the General Revenue Fund.

884 (11) Every employee organization shall keep accurate

885 accounts of its income and expenses, which accounts must ~~shall~~

886 be open for inspection at a ~~all~~ reasonable time and place ~~times~~

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

888 ~~addition, each employee organization that has been certified as~~

889 ~~a bargaining agent must provide to its members an annual~~

890 ~~financial report prepared by an independent certified public~~

891 ~~accountant licensed under chapter 473 that includes a detailed~~

892 ~~breakdown of revenues and expenditures in such categories as the~~

893 ~~commission may prescribe, and an accounting of membership dues~~

894 ~~and assessments. The employee organization must notify its~~

895 ~~members annually of all costs of membership.~~

896 (12) The certification of an employee organization that

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

898 organization that has its certification revoked under this

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

900 447.307 which covers any of the public employees in the

901 bargaining unit described in the revoked certification for at

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

903 (13) A decision issued by the commission under this

904 section which revokes a certification, revokes a registration,

905 or grants, denies, or dismisses an application for registration

906 or renewal of registration is a final agency action that is

907 reviewable pursuant to s. 447.504.

908 Section 11. Section 447.307, Florida Statutes, is amended

909 to read:

910 447.307 Certification and recertification of employee

911 organizations ~~organization.—~~

912 (1)(a) An ~~Any~~ employee organization seeking certification

913 or recertification as a bargaining agent must file a petition

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

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

916 existing bargaining unit. The showing of interest statements

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

918 12 months before the filing of the petition ~~which is designated~~

919 ~~or selected by a majority of public employees in an appropriate~~

920 ~~unit as their representative for purposes of collective~~

921 ~~bargaining shall request recognition by the public employer. The~~

922 ~~public employer shall, if satisfied as to the majority status of~~

923 ~~the employee organization and the appropriateness of the~~

924 ~~proposed unit, recognize the employee organization as the~~

925 ~~collective bargaining representative of employees in the~~

926 ~~designated unit. Upon recognition by a public employer, the~~

927 ~~employee organization shall immediately petition the commission~~

928 ~~for certification. The commission shall review only the~~

929 ~~appropriateness of the unit proposed by the employee~~

930 ~~organization. If the unit is appropriate according to the~~

931 ~~criteria used in this part, the commission shall immediately~~

932 ~~certify the employee organization as the exclusive~~

933 ~~representative of all employees in the unit. If the unit is~~

934 ~~inappropriate according to the criteria used in this part, the~~

935 ~~commission may dismiss the petition.~~

936 ~~(b) Whenever a public employer recognizes an employee~~

937 ~~organization on the basis of majority status and on the basis of~~

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

939 ~~commission shall, in the absence of inclusion of a prohibited~~

940 ~~category of employees or violation of s. 447.501, certify the~~

941 ~~proposed unit.~~

942 (b)(2) A ~~If the public employer refuses to recognize the~~

943 ~~employee organization, the employee organization may file a~~

944 ~~petition with the commission for certification as the bargaining~~

945 ~~agent for a proposed bargaining unit. The petition shall be~~

946 ~~accompanied by dated statements signed by at least 30 percent of~~

947 ~~the employees in the proposed unit, indicating that such~~

948 ~~employees desire to be represented for purposes of collective~~

949 ~~bargaining by the petitioning employee organization. Once a~~

950 ~~petition for certification has been filed by an employee~~

951 ~~organization, any~~ registered employee organization desiring

952 placement on the ballot in any certification or recertification

953 election to be conducted pursuant to this section may be

954 permitted by the commission to intervene in the proceeding upon

955 a motion accompanied by a showing of interest from ~~dated~~

956 ~~statements signed by~~ at least 10 percent of the public employees

957 in the proposed or existing bargaining unit, ~~indicating that~~

958 ~~such employees desire to be represented for the purposes of~~

959 ~~collective bargaining by the moving employee organization.~~ The

960 showing of interest ~~petitions and dated~~ statements must be

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

962 before the filing of the petition.

963 (c) The showing of interest is ~~are~~ confidential and exempt

964 from ~~the provisions of~~ s. 119.07(1), except that any public

965 employee, public employer, or employee organization having

966 sufficient reason to believe that the showing of interest was

967 ~~any of the employee signatures were~~ obtained by collusion,

968 coercion, intimidation, or misrepresentation or is ~~are~~ otherwise

969 invalid shall be given a reasonable opportunity to verify and

970 challenge the showing of interest ~~signatures appearing on the~~

971 ~~petition.~~

972 (d) Notwithstanding paragraph (b), if any employees in the

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

974 is a bargaining agent currently certified by the commission,

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

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

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

978 (2)(a) A certification petition may not be filed regarding

979 any proposed or existing bargaining unit within 12 months after

980 the date the commission issues an order that verifies the

981 results of a certification, recertification, or decertification

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

983 existing bargaining unit.

984 (b) If a valid collective bargaining agreement covering

985 any of the public employees in a proposed or existing bargaining

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

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

988 immediately preceding the expiration date of the collective

989 bargaining agreement, or at any time subsequent to such

990 agreement's expiration date but before the effective date of a

991 new collective bargaining agreement. The effective date of a

992 collective bargaining agreement is the date of ratification of

993 such agreement by both parties if such agreement becomes

994 effective immediately or retroactively, or the collective

995 bargaining agreement's actual effective date if such agreement

996 becomes effective after its ratification date.

997 ~~(3)(a)~~ The commission or one of its designated agents

998 shall investigate a certification or recertification ~~the~~

999 petition to determine its sufficiency; ~~if it has reasonable~~

1000 ~~cause to believe that the petition is sufficient, the commission~~

1001 ~~shall provide for an appropriate hearing upon due notice. Such a~~

1002 ~~hearing may be conducted by an agent of the commission.~~ If the

1003 commission finds that the petition is ~~to be~~ insufficient, the

1004 commission must ~~it may~~ dismiss the petition. If the commission

1005 finds ~~upon the record of the hearing~~ that the petition is

1006 sufficient, the commission must ~~it shall immediately:~~

1007 (a)1. Define the proposed or existing bargaining unit and

1008 determine which public employees are ~~shall be~~ qualified and

1009 entitled to vote at any election held by the commission. Upon

1010 providing due notice, the commission may provide for a hearing.

1011 (b)2. Identify the public employer or employers for

1012 purposes of collective bargaining ~~with the bargaining agent.~~

1013 (c)3. Order an election by secret ballot, the cost of said

1014 election and any required runoff election to be borne equally by

1015 the parties, except as the commission may provide by rule. The

1016 commission's order assessing costs of an election may be

1017 enforced pursuant to ~~the provisions of~~ this part.

1018 (4)(a) Except as provided in paragraph (b), elections are

1019 determined as follows for all certification or recertification

1020 petitions filed on or after July 1, 2026:

1021 ~~1.(b)~~ If ~~When~~ an employee organization is selected by a

1022 majority vote of the public employees who are in the bargaining

1023 unit as of the date set by the commission ~~voting in an election,~~

1024 the commission shall certify or recertify the employee

1025 organization as the ~~exclusive collective~~ bargaining agent for

1026 the public ~~representative of all~~ employees in the unit.

1027 2. A runoff election shall be held according to rules

1028 adopted by the commission if, in the election conducted under

1029 subparagraph 1., there was more than one employee organization

1030 on the ballot, a majority of the public employees who are in the

1031 bargaining unit as of the date set by the commission voted in

1032 the election, and none of the choices on the ballot received a

1033 majority vote of the public employees who are in the bargaining

1034 unit as of the date set by the commission.

1035 (b) Certification elections involving public safety units

1036 are determined as follows:

1037 1. If an employee organization is selected by a majority

1038 vote of the public employees voting in the election, the

1039 commission shall certify the employee organization as the

1040 bargaining agent for the public employees in the bargaining

1041 unit.

1042 2. A runoff election shall be held according to rules

1043 adopted by the commission if, in the election conducted under

1044 subparagraph 1., there was more than one employee organization

1045 on the ballot and none of the choices on the ballot received a

1046 majority vote of the public employees voting in the election.

1047 (c) Certification, recertification, or revocation under

1048 this section is effective upon the issuance of a ~~the~~ final order

1049 by the commission or, if the final order is appealed, at the

1050 time the appeal is exhausted or any stay is vacated by the

1051 commission or a ~~the~~ court.

1052 ~~(c) In any election in which none of the choices on the~~

1053 ~~ballot receives the vote of a majority of the employees voting,~~

1054 ~~a runoff election shall be held according to rules promulgated~~

1055 ~~by the commission.~~

1056 ~~(d) No petition may be filed seeking an election in any~~

1057 ~~proposed or existing appropriate bargaining unit to determine~~

1058 ~~the exclusive bargaining agent within 12 months after the date~~

1059 ~~of a commission order verifying a representation election or, if~~

1060 ~~an employee organization prevails, within 12 months after the~~

1061 ~~date of an effective certification covering any of the employees~~

1062 ~~in the proposed or existing bargaining unit. Furthermore, if a~~

1063 ~~valid collective bargaining agreement covering any of the~~

1064 ~~employees in a proposed unit is in effect, a petition for~~

1065 ~~certification may be filed with the commission only during the~~

1066 ~~period extending from 150 days to 90 days immediately preceding~~

1067 ~~the expiration date of that agreement, or at any time subsequent~~

1068 ~~to its expiration date but prior to the effective date of any~~

1069 ~~new agreement. The effective date of a collective bargaining~~

1070 ~~agreement means the date of ratification by both parties, if the~~

1071 ~~agreement becomes effective immediately or retroactively; or its~~

1072 ~~actual effective date, if the agreement becomes effective after~~

1073 ~~its ratification date.~~

1074 (5)(4) In defining a proposed bargaining unit, the

1075 commission shall take into consideration:

1076 (a) The principles of efficient administration of

1077 government.

1078 (b) The number of employee organizations with which the

1079 employer might have to negotiate.

1080 (c) The compatibility of the unit with the joint

1081 responsibilities of the public employer and public employees to

1082 represent the public.

1083 (d) The power of the officials of government at the level

1084 of the unit to agree, or make effective recommendations to

1085 another administrative authority or to a legislative body, with

1086 respect to matters of employment upon which the employee desires

1087 to negotiate.

1088 (e) The organizational structure of the public employer.

1089 (f) Community of interest among the employees to be

1090 included in the unit, considering:

1091 1. The manner in which wages and other terms of employment

1092 are determined.

1093 2. The method by which jobs and salary classifications are

1094 determined.

1095 3. The interdependence of jobs and interchange of

1096 employees.

1097 4. The desires of the employees.

1098 5. The history of employee relations within the

1099 organization of the public employer concerning organization and

1100 negotiation and the interest of the employees and the employer

1101 in the continuation of a traditional, workable, and accepted

1102 negotiation relationship.

1103 (g) The statutory authority of the public employer to

1104 administer a classification and pay plan.

1105 (h) Such other factors and policies as the commission may

1106 deem appropriate.

1108 However, a bargaining no unit may not ~~shall~~ be established or

1109 approved for purposes of collective bargaining which includes

1110 both professional and nonprofessional employees unless a

1111 majority of each group votes for inclusion in such bargaining

1112 unit.

1113 Section 12. Section 447.3076, Florida Statutes, is created

1114 to read:

1115 447.3076 Clarification of bargaining units.—

1116 (1) A petition to clarify the composition of a bargaining

1117 unit may be filed with the commission when significant changes

1118 in statutory law or case law require clarification of the

1119 bargaining unit or when a classification was:

1120 (a) Created or substantially changed after the unit was

1121 initially defined by the commission;

1122 (b) Retitled with no substantial change in job duties; or

1123 (c) Included or excluded through inadvertence or

1124 misunderstanding by the commission.

1125 (2) A bargaining unit clarification petition may be filed

1126 by the bargaining agent for the bargaining unit or by the public

1127 employer of the public employees in the unit.

1128 (3) A copy of the petition must be served on the public

1129 employer and any bargaining agent that is certified to represent

1130 any employee or classification which may be substantially

1131 affected by the proposed bargaining unit clarification.

1132 (4) If any substantially affected employees are not

1133 represented by a bargaining agent, the public employer must

1134 provide a copy of the petition to those employees within 10 days

1135 after the filing of the petition.

1136 (5) When the clarification of a bargaining unit would

1137 result in an increase in the size of the bargaining unit by more

1138 than 25 percent, the unit clarification petition raises a

1139 question concerning representation and must be dismissed. Section 13. Section 447.308, Florida Statutes, is amended

1141 to read:

1142 447.308 Decertification ~~Revocation of certification~~ of

1143 employee organizations ~~organization.—~~

1144 (1) A public ~~Any~~ employee or group of public employees

1145 that ~~which~~ no longer desires to be represented by a ~~the~~

1146 ~~certified~~ bargaining agent may file with the commission a

1147 petition to decertify the bargaining agent ~~revoke certification.~~

1148 The petition must ~~shall~~ be accompanied by a showing of interest

1149 from ~~dated statements signed by~~ at least 30 percent of the

1150 public employees in the bargaining unit, ~~indicating that such~~

1151 ~~employees no longer desire to be represented for purposes of~~

1152 ~~collective bargaining by the certified bargaining agent. The~~

1153 ~~time of filing said petition shall be governed by the provisions~~

1154 ~~of s. 447.307(3)(d) relating to petitions for certification.~~ The

1155 showing of interest statements must be signed and dated by the

1156 public employees not more than 12 months before the filing of

1157 the petition. Any employee, employer, or employee organization

1158 having sufficient reason to believe that the showing of interest

1159 was ~~any of the employee signatures were~~ obtained by collusion,

1160 coercion, intimidation, or misrepresentation or is ~~are~~ otherwise

1161 invalid shall be given a reasonable opportunity to verify and

1162 challenge the showing of interest ~~signatures appearing on the~~

1163 ~~petition.~~

1164 (2)(a) A decertification petition may not be filed

1165 regarding the bargaining unit within 12 months after the date

1166 the commission issues an order that verifies the results of a

1167 certification, recertification, or decertification election

1168 covering any of the public employees in the unit.

1169 (b) If a valid collective bargaining agreement covering

1170 any of the public employees in the bargaining unit is in effect,

1171 a decertification petition may only be filed with the commission

1172 at least 90 but not more than 150 days immediately preceding the

1173 expiration date of the collective bargaining agreement, or at

1174 any time after such agreement's expiration date but before the

1175 effective date of a new collective bargaining agreement. The

1176 effective date of a collective bargaining agreement is the date

1177 of ratification of such agreement by both parties if such

1178 agreement becomes effective immediately or retroactively, or the

1179 collective bargaining agreement's actual effective date if such

1180 agreement becomes effective after its ratification date.

1181 (3) The commission or one of its designated agents shall

1182 investigate the decertification petition to determine its

1183 sufficiency. If the commission finds that the petition is ~~to be~~

1184 insufficient, the commission must ~~it may~~ dismiss the petition.

1185 If the commission finds that the petition is sufficient, the

1186 commission must ~~it shall immediately:~~

1187 (a) Identify the bargaining unit and determine which

1188 public employees shall be qualified and entitled to vote in the

1189 election held by the commission.

1190 (b) Identify the public employer or employers of the

1191 bargaining unit.

1192 (c) Order an election by secret ballot, the cost of said

1193 election to be borne equally by the parties, except as the

1194 commission may provide by rule. The commission's order assessing

1195 costs of an election may be enforced pursuant to ~~the provisions~~

1196 of this part.

1197 (4)(a) Except as provided in paragraph (b), elections are

1198 determined as follows for all decertification petitions filed on

1199 or after July 1, 2026:

1200 1. If decertification of the bargaining agent is selected

1201 by a majority vote of the public employees who are in the

1202 bargaining unit as of the date set by the commission, the

1203 commission shall revoke the bargaining agent's certification for

1204 that bargaining unit.

1205 2. If decertification is not selected by a majority vote

1206 of the public employees who are in the bargaining unit as of the

1207 date set by the commission, the bargaining agent shall retain

1208 its certification for that bargaining unit.

1209 (b) Decertification elections involving public safety

1210 units are determined as follows:

1211 ~~1.(2)~~ If decertification is selected by a majority vote of

1212 the public employees voting in the ~~such~~ election ~~vote against~~

1213 ~~the continuation of representation by the certified bargaining~~

1214 ~~agent,~~ the commission shall revoke the ~~certification of the~~

1215 ~~employee organization as the exclusive~~ bargaining agent's

1216 certification for that ~~agent for the employees in the~~ bargaining

1217 unit ~~shall be revoked.~~

1218 ~~2.(3)~~ If decertification is not selected by a majority

1219 vote of the public employees voting in the ~~such~~ election ~~do not~~

1220 ~~vote against the continuation of representation by the certified~~

1221 ~~bargaining agent,~~ the bargaining agent shall retain its

1222 certification for that bargaining ~~of the employee organization~~

1223 ~~as the exclusive bargaining agent for the employees in the~~ unit

1224 ~~shall be retained by the organization.~~

1225 (c) Revocation under this section is effective upon the

1226 issuance of a final order by the commission or, if the final

1227 order is appealed, at the time the appeal is exhausted or any

1228 stay is vacated by the commission or a court.

1229 Section 14. Section 447.309, Florida Statutes, is amended to read:

1231 447.309 Collective bargaining; approval or rejection.—

1232 (1) After an employee organization has been certified as

1233 the bargaining agent of a bargaining unit pursuant to ~~the~~

1234 ~~provisions of~~ this part, the bargaining agent ~~for the~~

1235 ~~organization~~ and the chief executive officer of the appropriate

1236 public employer or employers, jointly, shall bargain

1237 collectively in the determination of the wages, hours, and terms

1238 and conditions of employment of the public employees within the

1239 bargaining unit. The chief executive officer or his or her

1240 representative and the bargaining agent or its representative

1241 shall meet at reasonable times and bargain in good faith. In

1242 conducting negotiations with the bargaining agent, the chief

1243 executive officer or his or her representative shall consult

1244 with, and attempt to represent the views of, the legislative

1245 body of the public employer. Any collective bargaining agreement

1246 reached by the negotiators shall be reduced to writing, and such

1247 agreement shall be signed by the chief executive officer and the

1248 bargaining agent. Any agreement signed by the chief executive

1249 officer and the bargaining agent is ~~shall~~ not be binding on the

1250 public employer until such agreement has been ratified by the

1251 public employer and the by public employees in ~~who are members~~

1252 of the bargaining unit, subject to subsection ~~the provisions of~~

1253 ~~subsections~~ (2) ~~and (3).~~ However, with respect to statewide

1254 bargaining units, any agreement signed by the Governor and the

1255 bargaining agent for such a bargaining unit is ~~shall~~ not be

1256 binding until approved by the public employees in ~~who are~~

1257 ~~members of~~ the bargaining unit, subject to subsection ~~the~~

1258 ~~provisions of subsections~~ (2) ~~and (3).~~

1259 (2)(a) Upon execution of the collective bargaining

1260 agreement, the chief executive shall, in his or her annual

1261 budget request or by other appropriate means, request the

1262 legislative body to appropriate such amounts as shall be

1263 sufficient to fund the provisions of the collective bargaining

1264 agreement.

1265 (b) If the state is a party to a collective bargaining

1266 agreement in which less than the requested amount is

1267 appropriated by the Legislature, the collective bargaining

1268 agreement shall be administered on the basis of the amounts

1269 appropriated by the Legislature. The failure of the Legislature

1270 to appropriate funds sufficient to fund the collective

1271 bargaining agreement shall not constitute, or be evidence of,

1272 any unfair labor practice. All collective bargaining agreements

1273 entered into by the state are subject to the appropriations

1274 powers of the Legislature, and the provisions of this section

1275 shall not conflict with the exclusive authority of the

1276 Legislature to appropriate funds.

1277 ~~(3) If any provision of a collective bargaining agreement~~

1278 ~~is in conflict with any law, ordinance, rule, or regulation over~~

1279 ~~which the chief executive officer has no amendatory power, the~~

1280 ~~chief executive officer shall submit to the appropriate~~

1281 ~~governmental body having amendatory power a proposed amendment~~

1282 ~~to such law, ordinance, rule, or regulation. Unless and until~~

1283 ~~such amendment is enacted or adopted and becomes effective, the~~

1284 ~~conflicting provision of the collective bargaining agreement~~

1285 ~~shall not become effective.~~

1286 (3)(4) If the agreement is not ratified by the public

1287 employer or is not approved by a majority ~~vote~~ of the public

1288 employees voting ~~in the unit,~~ in accordance with procedures

1289 adopted by the commission, the agreement shall be returned to

1290 the chief executive officer and the bargaining agent ~~employee~~

1291 ~~organization~~ for further negotiations.

1292 (4)(5) A ~~Any~~ collective bargaining agreement may ~~shall~~ not

1293 provide for a term of existence of more than 3 years and must

1294 ~~shall~~ contain all of the terms and conditions of employment

1295 negotiated by the bargaining agent and the public employer and

1296 all of the disputed impasse issues resolved by the legislative

1297 body's action taken pursuant to s. 447.403 ~~of the employees in~~

1298 ~~the bargaining unit during such term except those terms and~~

1299 ~~conditions provided for in applicable merit and civil service~~

1300 ~~rules and regulations.~~

1301 Section 15. Section 447.401, Florida Statutes, is amended

1302 to read:

1303 447.401 Grievance procedures.—Each public employer and

1304 bargaining agent shall negotiate a grievance procedure to be

1305 used for the settlement of disputes between a public employer

1306 and a public employee, or a group of public employees, involving

1307 the interpretation or application of a collective bargaining

1308 agreement. The ~~Such~~ grievance procedure must ~~shall~~ have as its

1309 terminal step a final and binding disposition by an impartial

1310 neutral, mutually selected by the parties; however, when the

1311 issue under appeal is an allegation of abuse, abandonment, or

1312 neglect of a child by a public an employee under s. 39.201 or an

1313 allegation of abuse, neglect, or exploitation of a vulnerable

1314 adult by a public employee under s. 415.1034, the grievance may

1315 not be decided until such allegation ~~the abuse, abandonment, or~~

1316 ~~neglect of a child~~ has been judicially determined. However, an

1317 arbitrator ~~arbiter~~ or other neutral may ~~shall~~ not ~~have the power~~

1318 to add to, subtract from, modify, or alter the terms of a

1319 collective bargaining agreement. If an employee organization is

1320 certified as the bargaining agent of a bargaining unit, the

1321 grievance procedure then in existence may be the subject of

1322 collective bargaining, and any agreement that ~~which~~ is reached

1323 shall supersede the previously existing procedure. All public

1324 employees ~~shall~~ have the right to a fair and equitable grievance

1325 procedure administered without regard to membership or

1326 nonmembership in any employee organization, except that

1327 bargaining agents may ~~certified employee organizations shall~~ not

1328 be required to process grievances for public employees who are

1329 not members of the employee organization. A public ~~career~~

1330 ~~service~~ employee may use ~~shall have the option of utilizing~~ the

1331 civil service appeal procedure, an unfair labor practice

1332 procedure, or a grievance procedure established under this

1333 section, but may not avail ~~such employee is precluded from~~

1334 ~~availing~~ himself or herself of to more than one of these

1335 procedures.

1336 Section 16. Subsections (1) through (4) of section

1337 447.403, Florida Statutes, are amended to read:

1338 447.403 Resolution of impasses.—

1339 (1) If, after a reasonable period of negotiation

1340 concerning the terms and conditions of employment to be

1341 incorporated in a collective bargaining agreement, a dispute

1342 exists between a public employer and a bargaining agent, either

1343 party may declare an impasse by providing written notification

1344 ~~shall be deemed to have occurred when one of the parties so~~

1345 ~~declares in writing~~ to the other party and to the commission.

1346 When an impasse occurs, the public employer or the bargaining

1347 agent, or both parties acting jointly, may use ~~appoint,~~ or

1348 secure the services ~~appointment~~ of, a mediator to assist in the

1349 resolution of the impasse. If the Governor is the public

1350 employer or for an impasse declared pursuant to s. 447.4095, a

1351 no mediator may not ~~shall~~ be appointed.

1352 (2)(a) If a no mediator is not used under subsection (1)

1353 ~~appointed,~~ or upon the request of either party, the commission

1354 must ~~shall~~ appoint, and submit all unresolved issues to, a

1355 special magistrate acceptable to both parties. If the parties

1356 are unable to agree on the appointment of a special magistrate,

1357 the commission must ~~shall~~ appoint, in its discretion, a

1358 qualified special magistrate. However, if the parties agree in

1359 writing to waive the appointment of a special magistrate, the

1360 parties may proceed directly to resolution of the impasse by the

1361 legislative body pursuant to paragraph (4)(d). Nothing in this

1362 section precludes the parties from using the services of a

1363 mediator at any time during the conduct of collective

1364 bargaining.

1365 (b) If the Governor is the public employer, a no special

1366 magistrate may not ~~shall~~ be appointed. The parties must ~~may~~

1367 proceed directly to the Legislature for resolution of the

1368 impasse pursuant to paragraph (4)(d).

1369 (c) For an impasse declared pursuant to s. 447.4095(2),

1370 the parties must agree on a special magistrate and submit the

1371 agreed-upon name to the commission within 5 calendar days after

1372 the declaration of impasse. Within 2 business days after the

1373 submission of the special magistrate's name, the commission must

1374 appoint the agreed-upon special magistrate. If the parties do

1375 not submit the name of an agreed-upon special magistrate to the

1376 commission within 5 calendar days after the declaration of

1377 impasse, the commission must appoint a special magistrate of its

1378 choosing within 5 calendar days after the parties' deadline to

1379 submit the name of the agreed-upon special magistrate. Within 5

1380 calendar days after the special magistrate is appointed, each

1381 party must submit a list of issues at impasse to the special

1382 magistrate and serve a copy of the list on the other party at

1383 the same time.

1384 (3) The special magistrate must ~~shall~~ hold a hearing

1385 ~~hearings~~ in order to define the area or areas of dispute, to

1386 determine facts relating to the dispute, and to render a

1387 decision on any and all unresolved contract issues. The hearing

1388 must ~~hearings shall~~ be held at a time, date, and place ~~times,~~

1389 ~~dates, and places~~ to be established by the special magistrate in

1390 accordance with rules adopted ~~promulgated~~ by the commission. For

1391 an impasse declared pursuant to s. 447.4095(2), a hearing must

1392 be held within 20 calendar days after the parties submit the

1393 list of issues at impasse to the special magistrate. The special

1394 magistrate may ~~shall be empowered to~~ administer oaths and issue

1395 subpoenas on behalf of the parties to the dispute or on his or

1396 her own behalf. Within 15 calendar days after the close of the

1397 ~~final~~ hearing, or 7 calendar days after the close of the hearing

1398 for an impasse declared pursuant to s. 447.4095(2), the special

1399 magistrate must submit ~~shall transmit~~ his or her recommended

1400 decision to the commission and to the representatives of both

1401 parties by any method of service that establishes proof of

1402 delivery ~~registered mail, return receipt requested.~~ Such

1403 recommended decision must ~~shall~~ be discussed by the parties, and

1404 each recommendation of the special magistrate is ~~shall be~~ deemed

1405 approved by both parties unless specifically rejected by either

1406 party by written notice filed with the commission within 20

1407 calendar days, or 10 calendar days for an impasse declared

1408 pursuant to s. 447.4095(2), after the date the party received

1409 the special magistrate's recommended decision. The written

1410 notice must ~~shall~~ include a statement of the cause for each

1411 rejection and ~~shall~~ be served upon the other party at the same

1412 time as it is filed with the commission.

1413 (4) If either the public employer or the bargaining agent

1414 ~~employee organization~~ does not accept, in whole or in part, the

1415 recommended decision of the special magistrate, all of the

1416 following procedures apply:

1417 (a) The chief executive officer of the governmental entity

1418 involved shall, within 10 calendar days after rejection of a

1419 recommendation of the special magistrate, submit to the

1420 legislative body of the governmental entity involved a copy of

1421 the findings of fact and recommended decision of the special

1422 magistrate, together with the chief executive officer's

1423 recommendations for settling the disputed impasse issues. The

1424 chief executive officer shall also submit ~~transmit~~ his or her

1425 recommendations to the bargaining agent at the same time as the

1426 recommendations are submitted to the legislative body. ~~employee~~

1427 ~~organization;~~

1428 (b) Within 10 calendar days after rejection of a

1429 recommendation of the special magistrate, the bargaining agent

1430 ~~employee organization~~ shall submit its recommendations for

1431 settling the disputed impasse issues to such legislative body

1432 and to the chief executive officer.;

1433 (c) The legislative body or its a duly authorized

1434 committee ~~thereof~~ shall ~~forthwith~~ conduct a public hearing at

1435 which the parties shall ~~be required to~~ explain their positions

1436 with respect to the rejected recommendations of the special

1437 magistrate. For an impasse declared pursuant to s. 447.4095(2),

1438 the legislative body must conduct the public hearing within 20

1439 calendar days after the parties submit their recommendations to

1440 the legislative body.;

1441 (d) Thereafter, the legislative body shall take such

1442 action as it deems to be in the public interest, including the

1443 interest of the public employees involved, to resolve all

1444 disputed impasse issues. For an impasse declared pursuant to s.

1445 447.4095(2), the legislative body must take action within 10

1446 calendar days after the close of the public hearing.; ~~and~~

1447 (e)1. Following the resolution of the disputed impasse

1448 issues by the legislative body, the parties shall reduce to

1449 writing an agreement which includes those issues agreed to by

1450 the parties and those disputed impasse issues resolved by the

1451 legislative body's action taken pursuant to paragraph (d). For

1452 an impasse declared pursuant to s. 447.4095(2), the parties must

1453 reduce the agreement to writing within 10 calendar days after

1454 the resolution of the disputed impasse issues by the legislative

1455 body.

1456 2. The agreement must ~~shall~~ be signed by the chief

1457 executive officer and the bargaining agent and ~~shall~~ be

1458 submitted to the public employer and to the public employees in

1459 ~~who are members of~~ the bargaining unit for ratification. For an

1460 impasse declared pursuant to s. 447.4095(2), the chief executive

1461 officer and the bargaining agent must sign the agreement within

1462 7 calendar days after the agreement is reduced to writing and

1463 must submit the agreement to the public employer and the

1464 bargaining unit for ratification within 10 calendar days after

1465 the agreement is signed. For an impasse declared pursuant to s.

1466 447.4095(2), the agreement must be signed, submitted, and

1467 ratified separately from other bargainable issues.

1468 3. If the ~~such~~ agreement is not ratified by all parties,

1469 pursuant to ~~the provisions of~~ s. 447.309, the legislative body's

1470 action taken pursuant to ~~the provisions of~~ paragraph (d) shall

1471 take effect as of the date of such legislative body's action for

1472 the remainder of the first fiscal year which was the subject of

1473 negotiations; however, the legislative body's action may ~~shall~~

1474 not take effect with respect to those disputed impasse issues

1475 that ~~which~~ establish the language of contractual provisions that

1476 ~~which~~ could have no effect in the absence of a ratified

1477 agreement, including, but not limited to, preambles, recognition

1478 clauses, and duration clauses.

1479 Section 17. Section 447.405, Florida Statutes, is amended to read:

1481 447.405 Factors to be considered by the special

1482 magistrate.—The special magistrate shall conduct the hearings

1483 and render recommended decisions with the objective of achieving

1484 a prompt, peaceful, and just settlement of disputes between the

1485 bargaining agents ~~public employee organizations~~ and the public

1486 employers. The factors, ~~among others,~~ to be given weight by the

1487 special magistrate in arriving at a recommended decision must

1488 ~~shall~~ include:

1489 (1) Comparison of the annual income of employment of the

1490 public employees in question with the annual income of

1491 employment maintained for the same or similar work of employees

1492 exhibiting like or similar skills under the same or similar

1493 working conditions in the local operating area involved.

1494 (2) Comparison of the annual income of employment of the

1495 public employees in question with the annual income of

1496 employment of public employees in similar public employee

1497 governmental bodies of comparable size within this ~~the~~ state.

1498 (3) The interest and welfare of the public.

1499 (4) Comparison of peculiarities of employment in regard to

1500 other trades or professions, specifically with respect to:

1501 (a) Hazards of employment.

1502 (b) Physical qualifications.

1503 (c) Educational qualifications.

1504 (d) Intellectual qualifications.

1505 (e) Job training and skills.

1506 (f) Retirement plans.

1507 (g) Sick leave.

1508 (h) Job security.

1509 (5) Availability of funds.

1510 Section 18. Section 447.4095, Florida Statutes, is amended

1511 to read:

1512 447.4095 Financial urgency.—

1513 (1) In the event of a financial urgency requiring

1514 modification of an agreement, the chief executive officer or his

1515 or her representative and the bargaining agent or its

1516 representative must ~~shall~~ meet as soon as possible to negotiate

1517 the impact of the financial urgency. If after a reasonable

1518 period of negotiation, which may ~~shall~~ not exceed 14 calendar

1519 days, a dispute exists between the public employer and the

1520 bargaining agent, an impasse is ~~shall be~~ deemed to have

1521 occurred, and one of the parties must ~~shall~~ so declare in

1522 writing to the other party and to the commission. The parties

1523 must ~~shall~~ then proceed to follow the requirements under

1524 ~~pursuant to the provisions of~~ s. 447.403. An unfair labor

1525 practice charge may ~~shall~~ not be filed during the 14 calendar

1526 days during which negotiations are occurring under ~~pursuant to~~

1527 this section.

1528 (2) Salary increases appropriated by the Legislature are,

1529 for purposes of this section, considered a financial urgency. In

1530 the event of salary increases appropriated by the Legislature

1531 which require modification of an agreement, the chief executive

1532 officer or his or her representative and the bargaining agent or

1533 its representative must meet within 15 calendar days after the

1534 effective date of the appropriation to negotiate the impact of

1535 the financial urgency. If 30 calendar days after the effective

1536 date of the appropriation, a dispute exists between the public

1537 employer and the bargaining agent as to the impact of the

1538 financial urgency, one of the parties must, within 2 business

1539 days, declare an impasse in writing to the other party and to

1540 the commission. The parties must then proceed to follow the

1541 requirements under s. 447.403. An unfair labor practice charge

1542 may not be filed during the 30-day period of negotiations or

1543 while the parties are proceeding through the resulting impasse

1544 process. This subsection does not apply to public employees in

1545 public safety units, as defined in s. 447.203.

1546 Section 19. Paragraphs (c) and (f) of subsection (1) and

1547 subsection (2) of section 447.501, Florida Statutes, are

1548 amended, and paragraph (g) is added to subsection (1) of that

1549 section, to read:

1550 447.501 Unfair labor practices.—

1551 (1) Public employers or their agents or representatives

1552 are prohibited from:

1553 (c) Refusing to bargain collectively, failing to bargain

1554 collectively in good faith, or refusing to sign a final

1555 agreement agreed upon with the ~~certified~~ bargaining agent for

1556 the public employees in the bargaining unit.

1557 (f) Refusing to discuss grievances in good faith pursuant

1558 to the terms of the collective bargaining agreement with either

1559 the ~~certified~~ bargaining agent for the public employee or the

1560 employee involved.

1561 (g) Failing to provide to any employee organization or any

1562 petitioning public employee who is seeking to support, oppose,

1563 or intervene in the certification, recertification, or

1564 decertification of a bargaining agent equal access to the public

1565 employer's facilities and its internal means of communication

1566 for those purposes. The public employer must provide such equal

1567 access from the date of the filing of a petition pursuant to s.

1568 447.307 or s. 447.308 until the final resolution of the

1569 petition.

1570 (2) An ~~A public~~ employee organization or anyone acting on

1571 in its behalf or its officers, representatives, agents, or

1572 members are prohibited from:

1573 (a) Interfering with, restraining, or coercing public

1574 employees in the exercise of any rights guaranteed them under

1575 this part or interfering with, restraining, or coercing

1576 managerial employees by reason of their performance of job

1577 duties or other activities undertaken in the interests of the

1578 public employer.

1579 (b) Causing or attempting to cause a public employer to

1580 discriminate against a public an employee because of such ~~the~~

1581 employee's membership or nonmembership in an employee

1582 organization or attempting to cause the public employer to

1583 violate ~~any of the provisions of~~ this part.

1584 (c) Refusing to bargain collectively or failing to bargain

1585 collectively in good faith with a public employer.

1586 (d) Discriminating against a public an employee because he

1587 or she has signed or filed an affidavit, a petition, or a

1588 complaint or given any information or testimony in any

1589 proceedings provided for in this part.

1590 (e) Participating in a strike against the public employer

1591 by instigating or supporting, in any positive manner, a strike.

1592 A person who violates ~~Any violation of~~ this paragraph is ~~shall~~

1593 subject ~~the violator~~ to the penalties provided in this part.

1594 (f) Instigating or advocating support, in any positive

1595 manner, for an employee organization's activities from high

1596 school or grade school students or students in institutions of

1597 higher learning.

1598 Section 20. Subsection (1) of section 447.503, Florida

1599 Statutes, is amended to read:

1600 447.503 Charges of unfair labor practices.—It is the

1601 intent of the Legislature that the commission act as

1602 expeditiously as possible to settle disputes regarding alleged

1603 unfair labor practices. To this end, violations of the

1604 provisions of s. 447.501 shall be remedied by the commission in

1605 accordance with the following procedures and in accordance with

1606 chapter 120; however, to the extent that chapter 120 is

1607 inconsistent with the provisions of this section, the procedures

1608 contained in this section shall govern:

1609 (1) A proceeding to remedy a violation of ~~the provisions~~

1610 of s. 447.501 must ~~shall~~ be initiated by the filing of a charge

1611 with the commission by a public an employer, a public employee,

1612 or an employee organization, or any combination thereof, whose

1613 substantial interests will be affected as referenced in chapter

1614 120. Such a charge must ~~shall~~ contain a clear and concise

1615 statement of facts constituting the alleged unfair labor

1616 practice, including the names of all individuals involved in the

1617 alleged unfair labor practice, and include specific reference to

1618 the provisions of s. 447.501 alleged to have been violated, and

1619 such other relevant information as the commission may by rule

1620 require or allow. Service of the charge must ~~shall~~ be made upon

1621 each named respondent at the time of filing with the commission.

1622 The charge must be accompanied by sworn statements and

1623 documentary evidence sufficient to establish a prima facie

1624 violation of the applicable unfair labor practice provision.

1625 Such supporting evidence is not to be attached to the charge and

1626 is to be furnished only to the commission.

1627 Section 21. Subsections (2) through (5) and paragraph (a)

1628 of subsection (6) of section 447.507, Florida Statutes, are

1629 amended to read:

1630 447.507 Violation of strike prohibition; penalties.—

1631 (2) If a public employee, a group of public employees, an

1632 employee organization, or any officer, agent, or representative

1633 of any employee organization engages in a strike in violation of

1634 s. 447.505, either the commission or any public employer whose

1635 public employees are involved or whose public employees may be

1636 affected by the strike may file suit to enjoin the strike in the

1637 circuit court having proper jurisdiction and proper venue of

1638 such actions under the Florida Rules of Civil Procedure and

1639 Florida Statutes. The circuit court shall conduct a hearing,

1640 with notice to the commission and to all interested parties, at

1641 the earliest practicable time. If the plaintiff makes a prima

1642 facie showing that a violation of s. 447.505 is in progress or

1643 that there is a clear, real, and present danger that such a

1644 strike is about to commence, the circuit court must ~~shall~~ issue

1645 a temporary injunction enjoining the strike. Upon final hearing,

1646 the circuit court shall either make the injunction permanent or

1647 dissolve it.

1648 (3) If an injunction to enjoin a strike issued pursuant to

1649 this section is not promptly complied with, on the application

1650 of the plaintiff, the circuit court shall immediately initiate

1651 contempt proceedings against those who appear to be in

1652 violation. An employee organization found to be in contempt of

1653 court for violating an injunction against a strike shall be

1654 fined an amount deemed appropriate by the court. In determining

1655 the appropriate fine, the court shall objectively consider the

1656 extent of lost services and the particular nature and position

1657 of the public employee group in violation. A ~~In no event shall~~

1658 ~~the~~ fine may not exceed $30,000 ~~$5,000.~~ Each officer, agent, or

1659 representative of an employee organization found to be in

1660 contempt of court for violating an injunction against a strike

1661 shall be fined at least $300, but not more than $600, ~~not less~~

1662 ~~than $50 nor more than $100~~ for each calendar day that the

1663 violation is in progress.

1664 (4) An employee organization is ~~shall be~~ liable for any

1665 damages that ~~which~~ might be suffered by a public employer as a

1666 result of a violation of ~~the provisions of~~ s. 447.505 by the

1667 employee organization or its representatives, officers, or

1668 agents. The circuit court having jurisdiction over such actions

1669 may ~~is empowered to~~ enforce judgments against employee

1670 organizations in the amount deemed appropriate by the court in

1671 accordance with this section. An action may not, ~~as defined in~~

1672 ~~this part, by attachment or garnishment of union initiation fees~~

1673 ~~or dues which are to be deducted or checked off by public~~

1674 ~~employers. No action shall~~ be maintained pursuant to this

1675 subsection until all proceedings that ~~which~~ were pending before

1676 the commission at the time of the strike or that ~~which~~ were

1677 initiated within 30 days after of the strike have been finally

1678 adjudicated or otherwise disposed of. In determining the amount

1679 of damages, if any, to be awarded to the public employer, the

1680 trier of fact shall take into consideration any action or

1681 inaction by the public employer or its agents that provoked or

1682 tended to provoke the strike by the public employees. The trier

1683 of fact shall also take into consideration any damages that

1684 might have been recovered by the public employer under

1685 subparagraph (6)(a)4.

1686 (5) If the commission, after a hearing on notice conducted

1687 according to rules adopted ~~promulgated~~ by the commission,

1688 determines that a public an employee has violated s. 447.505, it

1689 may order the termination of such employee's ~~his or her~~

1690 employment by the public employer. Notwithstanding any other

1691 provision of law, a person knowingly violating s. 447.505 ~~the~~

1692 ~~provision of said section~~ may, subsequent to such violation, be

1693 appointed, reappointed, employed, or reemployed as a public

1694 employee, but only upon the following conditions:

1695 (a) Such person shall be on probation for ~~a period of~~ 18

1696 months after ~~following~~ his or her appointment, reappointment,

1697 employment, or reemployment, during which period he or she shall

1698 serve without permanent status and at the pleasure of the agency

1699 head.

1700 (b) His or her compensation may not ~~in no event~~ exceed the

1701 compensation ~~that~~ received immediately before ~~prior to~~ the time

1702 of the violation.

1703 (c) The compensation of the person may not be increased

1704 until at least ~~after the expiration of~~ 1 year after ~~from~~ such

1705 appointment, reappointment, employment, or reemployment.

1706 (6)(a) If the commission determines that an employee

1707 organization has violated s. 447.505, it may:

1708 1. Issue cease and desist orders as necessary to ensure

1709 compliance with its order.

1710 2. Suspend or revoke the certification of the ~~employee~~

1711 ~~organization as the~~ bargaining agent of such bargaining ~~employee~~

1712 unit.

1713 3. Revoke any requirement of the public employer to engage

1714 in membership ~~the right of~~ dues deduction for the ~~and collection~~

1715 ~~previously granted to said~~ employee organization pursuant to s.

1716 447.303.

1717 4. Fine the organization up to $120,000 ~~$20,000~~ for each

1718 calendar day of such violation or determine the approximate cost

1719 to the public due to each calendar day of the strike and fine

1720 the organization an amount equal to such cost, regardless of

1721 whether the fine exceeds $120,000 ~~notwithstanding the fact that~~

1722 ~~the fine may exceed $20,000~~ for each such calendar day. The

1723 fines so collected ~~shall~~ immediately accrue to the public

1724 employer and must ~~shall~~ be used by the public employer ~~him or~~

1725 ~~her~~ to replace those services denied the public as a result of

1726 the strike. In determining the amount of damages, if any, to be

1727 awarded to the public employer, the commission must consider

1728 ~~shall take into consideration~~ any action or inaction by the

1729 public employer or its agents that provoked, or tended to

1730 provoke, the strike by the public employees.

1731 Section 22. Subsection (3) of section 447.509, Florida

1732 Statutes, is renumbered as subsection (6), and new subsections

1733 (3), (4), and (5) are added to that section, to read:

1734 447.509 Other unlawful acts; exceptions.—

1735 (3) Public employers, their agents or representatives, or

1736 any persons acting on their behalf may not provide any form of

1737 compensation or paid leave to a public employee, directly or

1738 indirectly, for the purpose of engaging in employee organization

1739 activities.

1740 (4) Notwithstanding subsection (3), a public employee may

1741 do any of the following:

1742 (a) Be granted time off without pay or benefits to engage

1743 in employee organization activities, provided that the public

1744 employer and the bargaining agent agree. An employee

1745 organization may compensate a public employee for engaging in

1746 employee organization activities.

1747 (b) Use compensated personal leave, whether the leave is

1748 the public employee's or is voluntarily donated by other public

1749 employees in the bargaining unit, to engage in employee

1750 organization activities if:

1751 1. The leave is accrued at the same rate by similarly

1752 situated public employees in the bargaining unit without regard

1753 to membership in or participation with an employee organization.

1754 2. The public employee may freely choose how to use the

1755 leave.

1756 (c) Engage in representational employee organization

1757 activities on behalf of the bargaining agent while in a duty

1758 status without loss of pay or benefits, provided that the public

1759 employer and the bargaining agent agree.

1760 (5) Subsections (3) and (4) do not apply to public

1761 employees in public safety units.

1762 Section 23. Subsection (3) of section 110.114, Florida

1763 Statutes, is amended to read:

1764 110.114 Employee wage deductions.—

1765 (3) Notwithstanding ~~the provisions of~~ subsections (1) and

1766 (2), ~~the deduction of an employee's~~ membership dues deductions

1767 as defined in s. 447.203 ~~s. 447.203(15) for an employee~~

1768 ~~organization as defined in s. 447.203(11)~~ shall be authorized or

1769 permitted only for an organization that has been certified

1770 pursuant to chapter 447 as the ~~exclusive~~ bargaining agent

1771 ~~pursuant to chapter 447~~ for a unit of public ~~state~~ employees in

1772 ~~which the employee is included.~~ Such deductions shall be subject

1773 to ~~the provisions of~~ s. 447.303.

1774 Section 24. Paragraph (w) of subsection (2) of section

1775 110.205, Florida Statutes, is amended to read:

1776 110.205 Career service; exemptions.—

1777 (2) EXEMPT POSITIONS.—The exempt positions that are not

1778 covered by this part include the following:

1779 (w) Managerial employees and, ~~as defined in s. 447.203(4),~~

1780 confidential employees, as those terms are defined in s. 447.203

1781 ~~s. 447.203(5),~~ and supervisory employees who spend the majority

1782 of their time communicating with, motivating, training, and

1783 evaluating employees, and planning and directing employees'

1784 work, and who have the authority to hire, transfer, suspend, lay

1785 off, recall, promote, discharge, assign, reward, or discipline

1786 subordinate employees or effectively recommend such action,

1787 including all employees serving as supervisors, administrators,

1788 and directors. Excluded are employees also designated as special

1789 risk or special risk administrative support and attorneys who

1790 serve as administrative law judges pursuant to s. 120.65 or for

1791 hearings conducted pursuant to s. 120.57(1)(a). Additionally,

1792 registered nurses licensed under chapter 464, dentists licensed

1793 under chapter 466, psychologists licensed under chapter 490 or

1794 chapter 491, nutritionists or dietitians licensed under part X

1795 of chapter 468, pharmacists licensed under chapter 465,

1796 psychological specialists licensed under chapter 491, physical

1797 therapists licensed under chapter 486, and speech therapists

1798 licensed under part I of chapter 468 are excluded, unless

1799 otherwise collectively bargained.

1800 Section 25. Subsection (6) of section 112.3187, Florida

1801 Statutes, is amended to read:

1802 112.3187 Adverse action against employee for disclosing

1803 information of specified nature prohibited; employee remedy and

1804 relief.—

1805 (6) TO WHOM INFORMATION DISCLOSED.—The information

1806 disclosed under this section must be disclosed to any agency or

1807 federal government entity having the authority to investigate,

1808 police, manage, or otherwise remedy the violation or act,

1809 including, but not limited to, the Office of the Chief Inspector

1810 General, an agency inspector general or the employee designated

1811 as agency inspector general under s. 112.3189(1) or inspectors

1812 general under s. 20.055, the Florida Commission on Human

1813 Relations, and the whistle-blower's hotline created under s.

1814 112.3189. However, for disclosures concerning a local

1815 governmental entity, including any regional, county, or

1816 municipal entity, special district, community college district,

1817 or school district or any political subdivision of any of the

1818 foregoing, the information must be disclosed to a chief

1819 executive officer as defined in s. 447.203 ~~s. 447.203(9)~~ or

1820 other appropriate local official.

1821 Section 26. Subsection (5) of section 121.031, Florida

1822 Statutes, is amended to read:

1823 121.031 Administration of system; appropriation; oaths;

1824 actuarial studies; public records.—

1825 (5) The names and addresses of retirees are confidential

1826 and exempt from ~~the provisions of~~ s. 119.07(1) to the extent

1827 that no state or local governmental agency may provide the names

1828 or addresses of such persons in aggregate, compiled, or list

1829 form to any person except to a public agency engaged in official

1830 business. However, a state or local government agency may

1831 provide the names and addresses of retirees from that agency to

1832 a bargaining agent as defined in s. 447.203 ~~s. 447.203(12)~~ or to

1833 a retiree organization for official business use. Lists of names

1834 or addresses of retirees may be exchanged by public agencies,

1835 but such lists shall not be provided to, or open for inspection

1836 by, the public. Any person may view or copy any individual's

1837 retirement records at the Department of Management Services, one

1838 record at a time, or may obtain information by a separate

1839 written request for a named individual for which information is

1840 desired.

1841 Section 27. Subsection (1) of section 447.02, Florida

1842 Statutes, is amended to read:

1843 447.02 Definitions.—The following terms, when used in this

1844 chapter, shall have the meanings ascribed to them in this

1845 section:

1846 (1) The term "labor organization" means any organization

1847 of employees or local or subdivision thereof, having within its

1848 membership residents of the state, whether incorporated or not,

1849 organized for the purpose of dealing with employers concerning

1850 hours of employment, rate of pay, working conditions, or

1851 grievances of any kind relating to employment and recognized as

1852 a unit of bargaining by one or more employers doing business in

1853 this state, except that an "employee organization," as defined

1854 in s. 447.203 ~~s. 447.203(11),~~ shall be included in this

1855 definition at such time as it seeks to register pursuant to s.

1856 447.305.

1857 Section 28. Section 447.609, Florida Statutes, is amended

1858 to read:

1859 447.609 Representation in proceedings.—Any full-time

1860 employee or officer of any public employer or employee

1861 organization may represent his or her employer or any public

1862 employee in ~~member of~~ a bargaining unit in any proceeding

1863 authorized in this part, excluding the representation of any

1864 person or public employer in a court of law by a person who is

1865 not a licensed attorney.

1866 Section 29. Subsection (2) of section 1011.60, Florida

1867 Statutes, is amended to read:

1868 1011.60 Minimum requirements of the Florida Education

1869 Finance Program.—Each district which participates in the state

1870 appropriations for the Florida Education Finance Program shall

1871 provide evidence of its effort to maintain an adequate school

1872 program throughout the district and shall meet at least the

1873 following requirements:

1874 (2) MINIMUM TERM.—Operate all schools for a term of 180

1875 actual teaching days or the equivalent on an hourly basis as

1876 specified by rules of the State Board of Education each school

1877 year. The State Board of Education may prescribe procedures for

1878 altering, and, upon written application, may alter, this

1879 requirement during a national, state, or local emergency as it

1880 may apply to an individual school or schools in any district or

1881 districts if, in the opinion of the board, it is not feasible to

1882 make up lost days or hours, and the apportionment may, at the

1883 discretion of the Commissioner of Education and if the board

1884 determines that the reduction of school days or hours is caused

1885 by the existence of a bona fide emergency, be reduced for such

1886 district or districts in proportion to the decrease in the

1887 length of term in any such school or schools. A strike, as

1888 defined in s. 447.203 ~~s. 447.203(6),~~ by employees of the school

1889 district may not be considered an emergency.

1890 This act shall take effect July 1, 2026. Section 30.