Senate Bill 1296
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- A bill to be entitled
- An act relating to the Public Employees Relations
- Commission; amending s. 110.227, F.S.; conforming
- final order requirements to ch. 120, F.S.; deleting a
- provision requiring exceptions to a recommended order
- to be filed within a specified timeframe; amending s.
- 112.0455, F.S.; revising the timeframe in which an
- appeal hearing must be conducted; conforming final
- order requirements to ch. 120, F.S.; amending s.
- 120.80, F.S.; providing applicability; amending s.
- 295.14, F.S.; conforming final order requirements to
- ch. 120, F.S.; reordering and amending s. 447.203,
- F.S.; revising and defining terms; amending s.
- 447.205, F.S.; revising the seal of the Public
- Employees Relations Commission; amending s. 447.207,
- F.S.; authorizing subpoenas to be served by certified
- mail, return receipt requested, or by personal
- service; revising requirements for proof of service;
- deleting the requirement that the commission adopt
- rules for the qualifications of persons who may serve
- as mediators; authorizing the commission, under
- certain circumstances, to waive the application of
- part II of ch. 447, F.S., rather than only specified
- provisions; amending s. 447.301, F.S.; revising
- requirements for an employee organization membership
- authorization form; requiring an employee
- organization, within a specified timeframe, to revoke
- the membership of and cease the collection of
- membership dues from a public employee; providing that
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- a membership authorization form is valid if it meets
- certain requirements; revising applicability; amending
- s. 447.303, F.S.; conforming provisions to changes
- made by the act; amending s. 447.305, F.S.; revising
- application requirements for employee organization
- registration and renewal of registration; requiring an
- employee organization to provide an application for
- renewal of registration to certain persons within a
- specified timeframe; requiring a bargaining agent to
- provide a remedy for incomplete application
- information to the commission within a specified
- timeframe; requiring the commission to dismiss an
- application for renewal of registration under certain
- circumstances; requiring the commission to notify the
- bargaining agent when such application information is
- complete; requiring the bargaining agent to petition
- for recertification within a specified timeframe
- thereafter; requiring the commission or one of its
- designated agents to conduct an investigation if a
- challenge to an application for renewal of
- registration is filed; authorizing a designated agent
- of the commission to conduct an investigation to
- confirm validity of submitted information; exempting
- certain employee organizations from a specified
- requirement; requiring a registration fee for
- applications for registration and renewal of
- registration; requiring that certain employee
- organization accounts be open for inspection by any
- member of the organization or by the commission at a
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- reasonable time and place; providing for the
- revocation of an employee organization’s certification
- under certain circumstances; providing that decisions
- issued by the commission in accordance with certain
- provisions are final agency actions; amending s.
- 447.307, F.S.; revising requirements for the
- certification and recertification of an employee
- organization; requiring the commission to conduct
- elections by specified methods; specifying the
- criteria by which the commission determines the method
- and timing of elections; requiring the commission to
- conduct election by mail if requested by one of the
- parties; providing the timeframe for when an election
- by mail must be conducted; requiring the commission to
- provide notice of such election to certain parties
- within a specified timeframe; requiring an election
- conducted by mail ballot to include return envelopes
- with prepaid postage affixed, subject to
- appropriation; creating s. 447.3076, F.S.; providing
- that a petition to clarify the composition of a
- bargaining unit may be filed with the commission under
- certain circumstances; requiring that a copy of the
- petition be served on certain persons; requiring the
- public employer to provide a copy of the petition to
- certain affected employees within a specified
- timeframe; requiring that a petition be dismissed
- under certain circumstances; amending s. 447.308,
- F.S.; revising requirements for the decertification of
- an employee organization; requiring an election
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- conducted by mail ballot to include return envelopes
- with prepaid postage affixed, subject to
- appropriation; amending s. 447.309, F.S.; requiring
- that certain agreements be returned to the bargaining
- agent, rather than the employee organization; amending
- s. 447.401, F.S.; conforming provisions to changes
- made by the act; amending s. 447.403, F.S.; specifying
- requirements for when an impasse occurs; requiring a
- hearing within a specified timeframe; authorizing the
- recommended decision of a special magistrate from an
- impasse hearing to be transmitted by any method of
- service agreed to by the parties which establishes
- proof of delivery; amending s. 447.405, F.S.;
- conforming provisions to changes made by the act;
- amending s. 447.4095, F.S.; providing that
- implementation of appropriations from the Legislature
- which are specifically directed to be disbursed as
- salaries for employees of local governments are
- considered a financial urgency; requiring the chief
- executive officer or his or her representative to meet
- with the bargaining agent or its representative within
- a specified timeframe if the use of such funds
- requires modification of an agreement; providing
- meeting and dispute requirements; prohibiting the
- filing of unfair labor charges during specified time
- periods; providing applicability; amending s. 447.501,
- F.S.; requiring a public employer to provide to all
- registered employee organizations or petitioning
- employees equal access to the employer’s facilities
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- and communication systems for a specified time period;
- amending s. 447.503, F.S.; authorizing certain public
- employers, public employees, and employee
- organizations, or combinations thereof, to file
- certain charges with the commission; amending s.
- 447.507, F.S.; increasing fines for certain
- violations; amending s. 447.509, F.S.; prohibiting
- public employers, their agents or representatives, and
- any persons acting on their behalf from taking certain
- actions; authorizing certain actions by public
- employees under certain circumstances; providing
- applicability; amending ss. 110.114, 110.205,
- 112.3187, 121.031, 447.02, 447.609, and 1011.60, F.S.;
- conforming cross-references and provisions to changes
- made by the act; providing an effective date. 132
133 Be It Enacted by the Legislature of the State of Florida: 134
- Section 1. Paragraph (d) of subsection (6) of section
- 110.227, Florida Statutes, is amended to read:
- 110.227 Suspensions, dismissals, reductions in pay,
- demotions, layoffs, transfers, and grievances.—
- (6) The following procedures shall apply to appeals filed
- pursuant to subsection (5) with the Public Employees Relations
- Commission, hereinafter referred to as the commission:
- (d) A recommended order must
shallbe issued by the hearing - officer within 30 days after
followingthe hearing.Exceptions to the recommended order shall be filed within 15 days after therecommended order is issued.The final order must be issued
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shall be filedby the commission in accordance with ss. 120.569- and 120.57
no later than 45 calendar days after the hearing or after the filing of exceptions or oral arguments if granted.- Section 2. Paragraph (a) of subsection (14) of section
- 112.0455, Florida Statutes, is amended to read:
- 112.0455 Drug-Free Workplace Act.—
- (14) DISCIPLINE REMEDIES.—
- (a) An executive branch employee who is disciplined or who
- is a job applicant for another position and is not hired
- pursuant to this section, may file an appeal with the Public
- Employees Relations Commission. Any appeal must be filed within
- 30 calendar days after
ofreceipt by the employee or job - applicant of notice of discipline or refusal to hire. The notice
- shall inform the employee or job applicant of the right to file
- an appeal, or if available, the right to file a collective
- bargaining grievance pursuant to s. 447.401. Such appeals shall
- be resolved pursuant to the procedures established in ss.
- 447.207(1)-(4), 447.208(2), and 447.503(4) and (5). A hearing on
- the appeal must
shallbe conducted within 6030days afterof - the filing of the appeal, unless an extension is requested by
- the employee or job applicant and granted by the commission or
- an arbitrator. The final order must be issued by the commission
- in accordance with ss. 120.569 and 120.57.
- Section 3. Paragraph (c) is added to subsection (12) of
- section 120.80, Florida Statutes, to read:
- 120.80 Exceptions and special requirements; agencies.—
- (12) PUBLIC EMPLOYEES RELATIONS COMMISSION.—
- (c) Section 120.60 does not apply to registration of
- employee organizations under s. 447.305.
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- Section 4. Subsection (1) of section 295.14, Florida
- Statutes, is amended to read:
- 295.14 Penalties.—
- (1) When the Public Employees Relations Commission, after a
- hearing on notice conducted according to rules adopted by the
- commission, determines that a violation of s. 295.07, s. 295.08,
- s. 295.085, or s. 295.09(1)(a) or (b) has occurred and sustains
- the veteran seeking redress, the commission shall order the
- offending agency, employee, or officer of the state to comply
- with
the provisions ofs. 295.07, s. 295.08, s. 295.085, or s. - 295.09(1)(a) or (b); and, in the event of a violation of s.
- 295.07, s. 295.08, s. 295.085, or s. 295.09(1)(a) or (b), the
- commission may issue an order to compensate the veteran for the
- loss of any wages and reasonable attorney
attorney’sfees for - actual hours worked, and costs of all work, including
- litigation, incurred as a result of such violation, which order
- shall be conclusive on the agency, employee, or officer
- concerned. The attorney
attorney’sfees and costs may not exceed - $10,000. The final order must be issued by
action ofthe - commission in accordance with ss. 120.569 and 120.57
shall be in writing and shall be served on the parties concerned bycertified mail with return receipt requested.- Section 5. Section 447.203, Florida Statutes, is reordered
- and amended to read:
- 447.203 Definitions.—As used in this part:
- (6)
(1)“Commission” means the Public Employees Relations - Commission created by s. 447.205.
- (17)
(2)“Public employer” or “employer” means the state or - any county, municipality, or special district or any subdivision
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- or agency thereof which the commission determines has sufficient
- legal distinctiveness properly to carry out the functions of a
- public employer. With respect to all public employees determined
- by the commission as properly belonging to a statewide
- bargaining unit composed of State Career Service System
- employees or Selected Professional Service employees, the
- Governor is deemed to be the public employer; and the Board of
- Governors of the State University System, or the board’s
- designee, is deemed to be the public employer with respect to
- all public employees of each constituent state university. The
- board of trustees of a community college is deemed to be the
- public employer with respect to all employees of the community
- college. The district school board is deemed to be the public
- employer with respect to all employees of the school district.
- The Board of Trustees of the Florida School for the Deaf and the
- Blind is deemed to be the public employer with respect to the
- academic and academic administrative personnel of the Florida
- School for the Deaf and the Blind. The Governor is deemed to be
- the public employer with respect to all employees in the
- Correctional Education Program of the Department of Corrections
- established pursuant to s. 944.801.
- (16)
(3)“Public employee” means any person employed by a - public employer except:
- (a) Those persons appointed by the Governor or elected by
- the people, agency heads, and members of boards and commissions.
- (b) Those persons holding positions by appointment or
- employment in the organized militia.
- (c) Those individuals acting as negotiating representatives
- for employer authorities.
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- (d) Those persons who are designated by the commission as
- managerial or confidential employees pursuant to criteria
- contained herein.
- (e) Those persons holding positions of employment with the
- Florida Legislature.
- (f) Those persons who have been convicted of a crime and
- are inmates confined to institutions within the state.
- (g) Those persons appointed to inspection positions in
- federal/state fruit and vegetable inspection service whose
- conditions of appointment are affected by the following:
- 1. Federal license requirement.
- 2. Federal autonomy regarding investigation and
- disciplining of appointees.
- 3. Frequent transfers due to harvesting conditions.
- (h) Those persons employed by the Public Employees
- Relations Commission.
- (i) Those persons enrolled as undergraduate students in a
- state university who perform part-time work for the state
- university.
- (12)
(4)“Managerial employees” meansarethose employees - who:
- (a) Perform jobs that are not of a routine, clerical, or
- ministerial nature and require the exercise of independent
- judgment in the performance of such jobs and to whom one or more
- of the following applies:
- 1. They formulate or assist in formulating policies which
- are applicable to bargaining unit employees.
- 2. They may reasonably be required on behalf of the
- employer to assist in the preparation for the conduct of
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- collective bargaining negotiations.
- 3. They have a role in the administration of agreements
- resulting from collective bargaining negotiations.
- 4. They have a significant role in personnel
- administration.
- 5. They have a significant role in employee relations.
- 6. They are included in the definition of administrative
- personnel contained in s. 1012.01(3).
- 7. They have a significant role in the preparation or
- administration of budgets for any public agency or institution
- or subdivision thereof.
- (b) Serve as police chiefs, fire chiefs, or directors of
- public safety of any police, fire, or public safety department.
- Other police officers, as defined in s. 943.10(1), and
- firefighters, as defined in s. 633.102, may be determined by the
- commission to be managerial employees of such departments. In
- making such determinations, the commission shall consider, in
- addition to the criteria established in paragraph (a), the
- paramilitary organizational structure of the department
- involved.
282
- However, in determining whether an individual is a managerial
- employee pursuant to paragraph (a) or paragraph (b),
above,the - commission may consider historic relationships of the employee
- to the public employer and to coemployees.
- (7)
(5)“Confidential employees” meansarepersons who act - in a confidential capacity to assist or aid managerial employees
- as defined in subsection (12)
(4). - (21)
(6)“Strike” means the concerted failure of employees
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- to report for duty; the concerted absence of employees from
- their positions; the concerted stoppage of work by employees;
- the concerted submission of resignations by employees; the
- concerted abstinence in whole or in part by any group of
- employees from the full and faithful performance of the duties
- of employment with a public employer for the purpose of
- inducing, influencing, condoning, or coercing a change in the
- terms and conditions of employment or the rights, privileges, or
- obligations of public employment, or participating in a
- deliberate and concerted course of conduct which adversely
- affects the services of the public employer; the concerted
- failure of employees to report for work after the expiration of
- a collective bargaining agreement; and picketing in furtherance
- of a work stoppage. The term includes
“strike” shall also mean - any overt preparation, including, but not limited to, the
- establishment of strike funds with regard to the
above-listed - activities listed in this subsection.
- (22)
(7)“Strike funds” meansareany appropriations by an - employee organization which are established to directly or
- indirectly aid any employee or employee organization to
- participate in a strike in the state.
- (2)
(8)“Bargaining unit” means either that unit determined - by the commission, that unit determined through local
- regulations adopted
promulgatedpursuant to s. 447.603, or that - unit determined by the public employer and the public employee
- organization and approved by the commission to be appropriate
- for the purposes of collective bargaining. However, no
- bargaining unit shall be defined as appropriate which includes
- employees of two employers that are not departments or divisions
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- of the state, a county, a municipality, or other political
- entity.
- (3)
(9)“Chief executive officer” for the state meansshall meanthe Governor and for other public employers meansshallmeanthe person, whether elected or appointed, who is- responsible to the legislative body of the public employer for
- the administration of the governmental affairs of the public
- employer.
- (11)
(10)“Legislative body” means the State Legislature, - the board of county commissioners, the district school board,
- the governing body of a municipality, or the governing body of
- an instrumentality or unit of government having authority to
- appropriate funds and establish policy governing the terms and
- conditions of employment and which, as the case may be, is the
- appropriate legislative body for the bargaining unit. For
- purposes of s. 447.403, the Board of Governors of the State
- University System, or the board’s designee, shall be deemed to
- be the legislative body with respect to all employees of each
- constituent state university. For purposes of s. 447.403, the
- board of trustees of a community college shall be deemed to be
- the legislative body with respect to all employees of the
- community college.
- (8)
(11)“Employee organization” or “organization” means any - labor organization, union, association, fraternal order,
- occupational or professional society, or group, however
- organized or constituted, which represents, or seeks to
- represent, any public employee or group of public employees
- concerning any matters relating to their employment relationship
- with a public employer.
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- (9) “Employee organization activities” means activities
- undertaken at the direction of, on behalf of, or to advance the
- purposes of an employee organization or any parent organization
- or affiliate of the employee organization by doing any of the
- following:
- (a) Supporting or opposing a candidate for federal, state,
- or local public office.
- (b) Influencing the passage or defeat of any federal or
- state legislation or regulation, local ordinance or resolution,
- or ballot measure.
- (c) Promoting or soliciting membership or participation in,
- or financial support of, an employee organization or any parent
- organization or affiliate of the employee organization.
- (d) Seeking certification as a bargaining agent.
- (e) Participating in the administration, business, or
- internal governance of an employee organization or any parent
- organization or affiliate of the employee organization.
- (f) Preparing, conducting, or attending employee
- organization events, conferences, conventions, meetings, or
- trainings, unless such training is directly related to the
- performance of a public employee’s job duties.
- (g) Distributing communications of an employee organization
- or any parent organization or affiliate of the employee
- organization.
- (h) Representing or speaking on behalf of an employee
- organization or any parent organization or affiliate of the
- employee organization in any setting, venue, or procedure in
- which the public employer is not a participant.
- (i) Preparing, filing, or pursuing unfair labor practice
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- charges or grievances.
- (j) Representing public employees in investigatory
- interviews; disciplinary proceedings or appeals, including
- termination; or other administrative or legal proceedings.
- (k) Engaging in collective bargaining and any related
- mediation, factfinding, or arbitration.
- (l) Administering a collective bargaining agreement.
- (m) Participating in labor-management committees.
- (1)
(12)“Bargaining agent” means the employee organization - that
whichhas been certified by the commission as representing - the employees in the bargaining unit, as provided in s. 447.307,
- or its representative.
- (13) “Membership dues” means any amount a member is
- required to pay in exchange for membership in an employee
- organization, including, but not limited to, employee
- organization dues; uniform assessments; or fees, including
- initiation fees.
- (15)
(13)“Professional employee” means: - (a) Any employee engaged in work in any two or more of the
- following categories:
- 1. Work predominantly intellectual and varied in character
- as opposed to routine mental, manual, mechanical, or physical
- work.
; - 2. Work involving the consistent exercise of discretion and
- judgment in its performance.
; - 3. Work of such a character that the output produced or the
- result accomplished cannot be standardized in relation to a
- given period of time.
; and - 4. Work requiring advanced knowledge in a field of science
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- or learning customarily acquired by a prolonged course of
- specialized intellectual instruction and study in an institution
- of higher learning or a hospital, as distinguished from a
- general academic education, an apprenticeship, or training in
- the performance of routine mental or physical processes.
- (b) Any employee who:
- 1. Has completed the course of specialized intellectual
- instruction and study described in subparagraph (a)4.
4. of paragraph (a); and- 2. Is performing related work under supervision of a
- professional person to qualify to become a professional employee
- as defined in paragraph (a).
- (5)
(14)“Collective bargaining” means the performance of - the mutual obligations of the public employer and the bargaining
- agent of the employee organization to meet at reasonable times,
- to negotiate in good faith, and to execute a written contract
- with respect to agreements reached concerning the terms and
- conditions of employment, except that neither party shall be
- compelled to agree to a proposal or be required to make a
- concession unless otherwise provided in this part.
- (14)
(15)“Membership dues deduction” means the practiceby ofa public employer of deducting membership duesand uniformassessmentsfrom the salary or wages of a public employee and.Such term also means the practice of a public employer of- transmitting the sums so deducted to an
suchemployee - organization on behalf of the public employee.
- (4)
(16)“Civil service” means any career, civil, or merit - system used by any public employer.
- (10)
(17)“Good faith bargaining” meansshall mean, but is
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- not
belimited to, the willingness of both parties to meet at - reasonable times and places, as mutually agreed upon, in order
- to discuss issues that
whichare proper subjects of bargaining, - with the intent of reaching a common accord. The term includes
It shall includean obligation for both parties to participate- actively in the negotiations with an open mind and a sincere
- desire, as well as making a sincere effort, to resolve
- differences and come to an agreement. In determining whether a
- party failed to bargain in good faith, the commission shall
- consider the total conduct of the parties during negotiations as
- well as the specific incidents of alleged bad faith. Incidents
- indicative of bad faith
shallinclude, but not be limited to, - the following occurrences:
- (a) Failure to meet at reasonable times and places with
- representatives of the other party for the purpose of
- negotiations.
- (b) Placing unreasonable restrictions on the other party as
- a prerequisite to meeting.
- (c) Failure to discuss proper subjects of bargaining
bargainable issues.- (d) Refusing, upon reasonable written request, to provide
- public information, excluding work products as defined in s.
- 447.605.
- (e) Refusing to negotiate because of an unwanted person on
- the opposing negotiating team.
- (f) Negotiating directly with employees rather than with
- their
certifiedbargaining agent. - (g) Refusing to reduce a total agreement to writing.
- (18) “Public safety unit” means a bargaining unit in which
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- the majority of the public employees are employed as a law
- enforcement officer, correctional officer, or correctional
- probation officer, as those terms are defined in s. 943.10(1),
- (2), or (3), respectively; a firefighter as defined in s.
- 633.102(9); a 911 public safety telecommunicator as defined in
- s. 401.465(1); or an emergency medical technician or a
- paramedic, as those terms are defined in s. 401.23.
- (19) “Representational employee organization activities”
- means those activities specified in paragraphs (9)(i)-(m).
- (20) “Showing of interest” means written statements signed
- and dated by public employees in a proposed or existing
- bargaining unit indicating the desire of the public employees
- either to be represented by the employee organization for
- purposes of collective bargaining or to no longer be represented
- by the bargaining agent for purposes of collective bargaining.
- (23)
(18)“Student representative” means the representative - selected by each community college or university student
- government association. Each representative may be present at
- all negotiating sessions that take place between the appropriate
- public employer and a
an exclusivebargaining agent. The - representative must be enrolled as a student with at least 8
- credit hours in the respective community college or university
- during his or her term as student representative.
- Section 6. Subsection (8) of section 447.205, Florida
- Statutes, is amended to read:
- 447.205 Public Employees Relations Commission.—
- (8) The commission shall have a seal for authentication of
- its orders and proceedings, upon which shall be inscribed the
- words “State of Florida-Public Employees Relations Commission”
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“State of Florida—Employees Relations Commission—and which shall- be judicially noticed.
- Section 7. Subsections (4), (5), (6), and (12) of section
- 447.207, Florida Statutes, are amended to read:
- 447.207 Commission; powers and duties.—
- (4) Any subpoena
, notice of hearing, or other process or notice of the commissionissued underthe provisions ofthis- part must either
shallbe servedpersonally orby certified - mail, return receipt requested, or be served personally by any
- person specified by law to serve process or by any person who is
- not a party and who is 18 years of age or older. When certified
- mail is used, a returned post office receipt constitutes proof
- of service. When personal service is used, if the subpoena is
- not served by a person specified by law to serve process, an
- affidavit of the person making service constitutes proof of
- service.
A return made and verified by the individual making such service and setting forth the manner of such service isproof of service, and a returned post office receipt, whencertified mail is used, is proof of service. All process of anycourt to which application may be made under the provisions ofthis part shall be served in the county wherein the personsrequired to be served reside or may be found.- (5) The commission shall adopt rules as to the
- qualifications of persons who may serve as
mediators andspecial - magistrates and shall maintain a list
listsof such qualified - persons who are not employees of the commission. The commission
- may initiate dispute resolution procedures by special
- magistrates
,pursuant tothe provisions ofthis part. - (6) Pursuant to its established procedures, the commission
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- shall resolve questions and controversies concerning claims for
- recognition as the bargaining agent for a bargaining unit,
- determine or approve units appropriate for purposes of
- collective bargaining, expeditiously process charges of unfair
- labor practices and violations of s. 447.505 by public
- employees, and resolve such other questions and controversies as
- it may be authorized herein to undertake. The petitioner,
- charging party, respondent, and any intervenors shall be the
- adversary parties before the commission in any adjudicatory
- proceeding conducted pursuant to this part. Any commission
- statement of general applicability that implements, interprets,
- or prescribes law or policy, made in the course of adjudicating
- a case pursuant to s. 447.307 or s. 447.503 does
shallnot - constitute a rule within the meaning of s. 120.52.
- (12) Upon a petition by a public employer after it has been
- notified by the Department of Labor that the public employer’s
- protective arrangement covering mass transit employees does not
- meet the requirements of 49 U.S.C. s. 5333(b) and would
- jeopardize the public employer’s continued eligibility to
- receive Federal Transit Administration funding, the commission
- may waive the application of this part, but only to the extent
- necessary for the public employer to comply with
the requirements of49 U.S.C. s. 5333(b), any of the following foran employee organization that has been certified as a bargainingagent to represent mass transit employees:(a) The prohibition on dues and assessment deductionsprovided in s. 447.303(1) as it applies to a mass transitemployee who has provided a copy of his or her membershipauthorization form to the employer as part of the authorization
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of dues deduction under a waiver.(b) The requirement to petition the commission forrecertification.(c) The revocation of certification provided in s.
556 447.305(6) and (7).
557 Section 8. Paragraph (b) of subsection (1) and subsection
558 (2) of section 447.301, Florida Statutes, are amended to read:
559 447.301 Public employees’ rights; organization and
560 representation.—
561 (1)
- (b)1. A public employee who desires to be a member of an
- employee organization must sign and date a membership
- authorization form, as prescribed by the commission, and submit
- the executed form to the bargaining agent.
- 2. The membership authorization form must identify the name
- of the bargaining agent; the name of the employee; the class
- code and class title of the employee; the name of the public
- employer and employing agency, if applicable; the amount of the
- membership
initiation fee and of the monthlydues which the - public employee
membermust pay; and the namesnameand amounts total amount of salary, allowances, and other direct or indirectdisbursements, including reimbursements, paid to each of thefive highest compensated officers and employees of the employeeorganizationdisclosed under s. 447.305(2)(d) for the officers- and employees receiving the five highest total dollar amounts.
- 3. The membership authorization form must contain the
- following statement in 14-point type: 579
- As a public employee in the State of Florida,
is a
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right-to-work state.membership or nonmembershipnon-membershipin a labor union is not required as a- condition of employment.
, andUnion membership and - payment of membership
unionduesand assessmentsare - voluntary. A public employee’s
Each person has the - right to join and pay membership dues to a labor union
- or to refrain from joining and paying membership dues
- to a labor union is protected by both Florida’s right-
- to-work law and the First Amendment of the United
- States Constitution. A public employer may not
- discriminate against a public
Noemployeemay be discriminated against in any mannerfor joining and- financially supporting,
a labor unionorforrefusing - to join and
orfinancially support, a labor union. 595 - 4. A public employee may revoke membership in the employee
- organization at any time
of the year. Within 30 days afterUpon - receipt of the public employee’s written revocation of
- membership, the employee organization must revoke the
apublic - employee’s membership and cease collection of membership dues
- for such public employee. The employee organization may not
- limit a public
anemployee’s right to revoke membership to - certain dates. If a public employee must complete a form to
- revoke membership in the employee organization, the form may not
- require a reason for the public employee’s decision to revoke
- his or her membership.
- 5. An employee organization must retain for inspection by
- the commission such membership authorization forms and any
- revocations. A membership authorization form is valid if it
20261296e1
- meets the requirements in law at the time it was signed by the
- employee and if the employee’s membership has not been
- subsequently revoked.
- 6. This paragraph does not apply to public employees in
- public safety units
members of a bargaining unit the majority of whose employees eligible for representation are employed as lawenforcement officers, correctional officers, or correctionalprobation officers as those terms are defined in s. 943.10(1),(2), or (3), respectively; firefighters as defined in s.633.102; 911 public safety telecommunicators as defined in s.401.465(1)(a); or emergency medical technicians or paramedics asdefined in s. 401.23.- 7. The commission may adopt rules to implement this
- paragraph.
- (2) Public employees
shallhave the right to be represented - by any employee organization of their own choosing and to
- negotiate collectively, through a
certifiedbargaining agent, - with their public employer in the determination of the terms and
- conditions of their employment. Public employees
shallhave the - right to be represented in the determination of grievances on
- all terms and conditions of their employment. Public employees
shallhave the right to refrain from exercising the right to be- represented.
- Section 9. Section 447.303, Florida Statutes, is amended to
- read:
- 447.303 Membership dues; deduction and collection.—
- (1) Except as authorized in subsection (2) or subject to a
- waiver of the prohibition on membership dues deduction granted
- pursuant to s. 447.207(12), a public employer may not engage in
20261296e1
- membership dues deduction on behalf of
s. 447.207(12)(a),an - employee organization
that has been certified as a bargaining agent may not have its dues and uniform assessments deducted andcollected by the employer from the salaries of those employeesin the unit. A public employee may pay membership duesanduniform assessmentsdirectly to the employee organization, any- parent organization of the employee organization, or any
- affiliate of either the employee organization or the parent
- organization
that has been certified as the bargaining agent. - (2)(a) Upon the written authorization of a public employee
- in a public safety unit, the public employer must engage in
- membership dues deduction for such public employee. A public
- employee may revoke his or her authorization for membership dues
- deduction upon providing 30 days’ written notice to the public
- employer and bargaining agent
An employeeorganization that has been certified as a bargaining agent to represent a bargainingunit the majority of whose employees eligible for representationare employed as law enforcement officers, correctional officers,or correctional probation officers as those terms are defined ins. 943.10(1), (2), or (3), respectively; firefighters as definedin s. 633.102; 911 public safety telecommunicators as defined ins. 401.465(1)(a); or emergency medical technicians or paramedicsas defined in s. 401.23 has the right to have its dues anduniform assessments for that bargaining unit deducted andcollected by the employer from the salaries of those employeeswho authorize the deduction and collection of said dues anduniform assessments. However, such authorization is revocable atthe employee’s request upon 30 days’ written notice to theemployer and employee organization. Said deductions shall
20261296e1
commence upon the bargaining agent’s written request to theemployer.- (b) Reasonable costs to the public employer of engaging in
- membership dues
saiddeductions is a proper subject of - collective bargaining.
- (c) The requirement to engage in membership dues deductions
Such right to deduction, unless revoked under s. 447.507, is in- force as
for solong as theemployee organization remains the certifiedbargaining agent remains certified to representfor- the public employees in the bargaining unit.
- (3) The public employer is expressly prohibited from any
- involvement in the collection of fines, penalties, or special
- assessments.
- Section 10. Section 447.305, Florida Statutes, is amended
- to read:
- 447.305 Registration of employee organizations
organization.—- (1) Every employee organization seeking to become a
certifiedbargaining agent for public employees shall register- with the commission before
pursuant to the procedures set forth in s. 120.60 prior to requesting recognition by a publicemployer for purposes of collective bargaining and prior to- submitting a certification, recertification, or unit
- clarification petition
to the commission requesting certification as an exclusive bargaining agent.Further,If ansuchemployee organization is not registered, it may not- participate in a certification, recertification, or unit
- clarification
representationhearing;,participate in a - certification or recertification
representationelection;,or be
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- certified as a
an exclusivebargaining agent. The application - for registration required by this section must
shallbe under - oath and in such form as the commission may prescribe, and must
shallinclude all of the following:- (a) The name and address of the organization and
ofany - parent organization or affiliate of the employee organization
with which it is affiliated.- (b) The names and addresses of the principal officers and
- all representatives of the organization.
- (c) The amount
of the initiation fee and the amountand - collection frequency of the membership dues
and uniform assessmentsthat a member of the organization must pay.- (d) The current annual financial statement of the
- organization, prepared by an independent certified public
- accountant licensed under chapter 473.
- (e) The name of its business agent, if any; if different
- from the business agent, the name of its local agent for service
- of process; and the addresses where such person or persons can
- be reached.
- (f) A pledge, in a form prescribed by the commission, that
- the employee organization will conform to the laws of this
the - state and that it will accept members without regard to age,
- race, sex, religion, or national origin.
- (g) A copy of the current constitution and bylaws of the
- employee organization.
- (h) A copy of the current constitution and bylaws of the
- state and national groups with which the employee organization
- is affiliated or associated. In lieu of this provision, and upon
- adoption of a rule by the commission, a state or national
20261296e1
- affiliate or parent organization of any registering employee
labororganization may annually submit a copy of its current- constitution and bylaws.
- (2) A registration granted to an employee organization
- pursuant to this section runs for 1 year after
fromthe date of - issuance. A registration must be renewed annually by filing an
- application for renewal under oath with the commission, which
- application must reflect any changes in the information provided
- to the commission in conjunction with the employee
- organization’s preceding application for registration or
- previous renewal, whichever is applicable. Each application for
- renewal of registration must include a current annual financial
- statement, prepared by an independent certified public
- accountant licensed under chapter 473 and signed by the employee
- organization’s president and treasurer or corresponding
- principal officers, containing the following information in such
- detail as may be necessary to accurately
todisclose its - financial condition and operations for its preceding fiscal year
- and in all of the following
suchcategories as prescribed by the - commission
may prescribe: - (a) Assets and liabilities at the beginning and end of the
- fiscal year.
; - (b) Receipts of any kind and the sources thereof.
; - (c) Disbursements by category.
; - (d) Salary, wages, fringe benefits, allowances, and other
- direct or indirect disbursements, including reimbursed expenses,
- paid or accruing to each of its officers
officerand also to - each of its employees
employeewho, during such fiscal year, - received more than $10,000 in the aggregate from such employee
20261296e1
- organization and any parent organization of the
otheremployee - organization or any affiliate of either the employee
- organization or the parent organization. This paragraph requires
- reporting of any reimbursements paid by the employee
- organization to a public employer for moneys paid by the public
- employer to the employee organization’s officers or employees.
affiliated with it or with which it is affiliated or which isaffiliated with the same national or international employeeorganization;- (e) Direct and indirect loans made to any of its officers
officer, employeesemployee, or membersmemberwhich aggregated- more than $250 during the fiscal year, together with a statement
- of the purpose, security, if any, and arrangements for
- repayment.
; and - (f) Direct and indirect loans to any business enterprise,
- together with a statement of the purpose, security, if any, and
- arrangements for repayment.
- (g) The amount of membership dues retained by or
- distributed to the employee organization, any parent
- organization of the employee organization, and any affiliate of
- either the employee organization or the parent organization.
- (3) As part of its application for renewal of registration,
- a
In addition to subsection (2), an employee organization that has been certified as thebargaining agentfor public employees- must include all of
for each such certified bargaining unitthe - following information
and documentationas of the 30th day - immediately preceding the date upon which its current
- registration is scheduled to end
for any renewal of registration on or after October 1, 2023:
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- (a) For each bargaining unit for which the bargaining agent
- is certified, the certification number assigned to the
- bargaining unit by the commission.
- (b)
(a)For each certification, the number of public - employees in the bargaining unit
who are eligible for representation by the employee organization.- (c) For each certification, the number of public employees
- in the bargaining unit who paid full membership dues sufficient
- to maintain membership in good standing in the bargaining agent.
- (d)
(b)For each certification, the number of public - employees in the bargaining unit who have submitted signed
- membership authorization forms without a subsequent revocation
- of such membership.
(c) The number of employees in the bargaining unit who paiddues to the employee organization.(d) The number of employees in the bargaining unit who didnot pay dues to the employee organization.- (e) An agreed-upon procedures report performed
Documentation providedby an independent certified public- accountant retained by the employee organization
which verifies - to assist in determining the accuracy of the information
- provided in paragraphs (b), (c), and (d)
(a)-(d). The agreed- - upon procedures must be conducted in accordance with attestation
- standards established by the American Institute of Certified
- Public Accountants.
- (4) Within 30 days after filing an application for renewal
- of registration with the commission, the employee organization
- must provide a copy of its application
for renewal of registration relating to a public employer’s employeesto the
20261296e1
- public employer and public employees of each bargaining unit for
- which the employee organization is the bargaining agent
on the same day the application is submitted to the commission.- (5)
An application for renewal of registration is incomplete and is not eligible for consideration byThe- commission must notify the bargaining agent if
it does not include all ofthe informationand documentationrequired in- subsection (3) is incomplete. The bargaining agent must provide
- the missing information to the commission within 30 days after
- such notification. If the bargaining agent fails to provide the
- missing information within 30 days after notification, the
- commission must dismiss the application
The commission shall notify the employee organization if the application isincomplete. An incomplete application must be dismissed if therequired information and documentation are not provided within10 days after the employee organization receives such notice.- (6) The commission must notify the bargaining agent when
- the information required in subsection (3) is complete. Within
- 30 days after such notification, the bargaining agent must
- petition for recertification pursuant to s. 447.307 for each of
- its bargaining units
Notwithstanding the provisions of this chapter relating to collective bargaining, an employeeorganization certified as a bargaining agent to represent abargaining unitfor which less than 60 percent of the publicunitemployees in the bargaining unit have submitted membership- authorization forms without subsequent revocation and paid
- membership dues to the organization, as reported under
- subsection (3)
during its last registration period must petition the commission pursuant to s. 447.307(2) and (3) for
20261296e1
recertification as the exclusive representative of all employeesin the bargaining unit within 30 days after the date on whichthe employee organization applies for renewal of registrationpursuant to subsection (2). The certification of an employeeorganization that does not comply with this section is revoked.- (7) If the public employer or a public employee of a
- bargaining unit represented by a bargaining agent believes that
- the bargaining agent’s
employee may challenge an employee organization’sapplication for renewal of registration is- materially inaccurate,
ifthe public employer or public bargaining unitemployee may challengebelieves thatthe- application as materially
isinaccurate during the pendency of - the application or, if the registration renewal has been
- granted, before the date upon which the bargaining agent’s
- current registration is scheduled to end. If a challenge is
- filed, the commission or one of its designated agents must
- conduct an investigation pursuant to subsection (8)
shall review the application to determine its accuracy and compliance withthis section. If the commission finds that the application isinaccurate or does not comply with this section, the commissionshall revoke the registration and certification of the employeeorganization.- (8) The commission or one of its designated agents may
- conduct an investigation to confirm the validity of any
- information submitted pursuant to this section. The commission
- may revoke or deny an employee organization’s registration or
- certification if it finds that the employee organization:
- (a) Failed to cooperate with the investigation conducted
- pursuant to this subsection, including refusal to permit the
20261296e1
- commission or one of its designated agents to inspect membership
- authorization forms or revocations pursuant to s.
- 447.301(1)(b)5.; or
- (b) Intentionally misrepresented the information it
- submitted pursuant to this section. 876
A decision issued by the commission pursuant to this subsectionis a final agency action that is reviewable pursuant to s.447.504.- (9) An employee organization is exempt from the
- requirements of subsections (3)-(8) and (12) for each public
- safety unit it represents
only with respect to the circumstances of each bargaining unit the majority of whose employees eligiblefor representation are employed as law enforcement officers,correctional officers, or correctional probation officers asthose terms are defined in s. 943.10(1), (2), or (3),respectively; firefighters as defined in s. 633.102; 911 publicsafety telecommunicators as defined in s. 401.465(1)(a); oremergency medical technicians or paramedics as defined in s.401.23.- (10) A registration fee must
shallaccompany each - application for registration or renewal of registration filed
- with the commission. The registration fee may
amount charged for an application for registration or renewal of registration shall- not exceed $15. All such money collected by the commission shall
- be deposited in the General Revenue Fund.
- (11) Every employee organization shall keep accurate
- accounts of its income and expenses, which accounts must
shall - be open for inspection at a
allreasonable time and placetimes
20261296e1
- by any member of the organization or by the commission.
In addition, each employee organization that has been certified asa bargaining agent must provide to its members an annualfinancial report prepared by an independent certified publicaccountant licensed under chapter 473 that includes a detailedbreakdown of revenues and expenditures in such categories as thecommission may prescribe, and an accounting of membership duesand assessments. The employee organization must notify itsmembers annually of all costs of membership.- (12) The certification of an employee organization that
- does not comply with this section is revoked. An employee
- organization that has its certification revoked under this
- subsection may not file a petition for certification under s.
- 447.307 which covers any of the public employees in the
- bargaining unit described in the revoked certification for at
- least 12 months after the date the certification was revoked.
- (13) A decision issued by the commission under this section
- is a final agency action that is reviewable pursuant to s.
- 447.504.
- Section 11. Section 447.307, Florida Statutes, is amended
- to read:
- 447.307 Certification and recertification of employee
- organizations
organization.— - (1)(a) An
Anyemployee organization seeking certification - or recertification as a bargaining agent must file a petition
- with the commission accompanied by a showing of interest from at
- least 30 percent of the public employees in the proposed or
- existing bargaining unit. The showing of interest statements
- must be signed and dated by the public employees not more than
20261296e1
- 12 months before the filing of
which is designated or selected by a majority of public employees in an appropriate unit astheir representative for purposes of collective bargaining shallrequest recognition by the public employer. The public employershall, if satisfied as to the majority status of the employeeorganization and the appropriateness of the proposed unit,recognize the employee organization as the collective bargainingrepresentative of employees in the designated unit. Uponrecognition by a public employer, the employee organizationshall immediately petition the commission for certification. Thecommission shall review only the appropriateness of the unitproposed by the employee organization. If the unit isappropriate according to the criteria used in this part, thecommission shall immediately certify the employee organizationas the exclusive representative of all employees in the unit. Ifthe unit is inappropriate according to the criteria used in thispart, the commission may dismissthe petition.(b) Whenever a public employer recognizes an employeeorganization on the basis of majority status and on the basis ofappropriateness in accordance with subparagraph (4)(f)5., thecommission shall, in the absence of inclusion of a prohibitedcategory of employees or violation of s. 447.501, certify theproposed unit.- (b)
(2)AIf the public employer refuses to recognize the employee organization, the employee organization may file apetition with the commission for certification as the bargainingagent for a proposed bargaining unit. The petition shall beaccompanied by dated statements signed by at least 30 percent ofthe employees in the proposed unit, indicating that such
20261296e1
employees desire to be represented for purposes of collectivebargaining by the petitioning employee organization. Once apetition for certification has been filed by an employeeorganization, anyregistered employee organization desiring- placement on the ballot in any certification or recertification
- election to be conducted pursuant to this section may be
- permitted by the commission to intervene in the proceeding upon
- a motion accompanied by a showing of interest from
dated statements signed byat least 10 percent of the public employees- in the proposed or existing bargaining unit
, indicating that such employees desire to be represented for the purposes ofcollective bargaining by the moving employee organization. The- showing of interest
petitions and datedstatements must be - signed and dated by the public employees not more than 12 months
- before the filing of the petition.
- (c) The showing of interest is
areconfidential and exempt - from
the provisions ofs. 119.07(1), except that any public - employee, public employer, or employee organization having
- sufficient reason to believe that the showing of interest was
any of the employee signatures wereobtained by collusion,- coercion, intimidation, or misrepresentation or is
areotherwise - invalid shall be given a reasonable opportunity to verify and
- challenge the showing of interest
signatures appearing on the petition.- (d) Notwithstanding paragraph (b), if any employees in the
- proposed unit are included in a bargaining unit for which there
- is a bargaining agent currently certified by the commission,
- such bargaining agent will be automatically added as a party to
- the case and may appear on the ballot without being required to
20261296e1
987 | file a motion to intervene or a showingof interest. |
988 | (2)(a) A certification petition may notbe filed regarding |
989 | any proposed or existing bargaining unit within 12 months after |
990 | the date the commission issues an orderthat verifies the |
991 | results of a certification, recertification, or decertification |
992 | election covering any of thepublic employees in the proposed or |
993 | existing bargaining unit. |
994 | (b) If a valid collective bargaining agreement covering any |
995 | of thepublic employees in a proposed or existing bargaining |
996 | unit is in effect,a certification petition may only be filed |
997 | with the commission at least 90 but not more than 150 days |
998 | immediately preceding the expiration date of the collective |
999 | bargaining agreement, or at anytime subsequent to such |
1000 | agreement’s expiration date but beforethe effective date of a |
1001 | new collective bargaining agreement. The effective dateof a |
1002 | collective bargaining agreement is the date of ratification of |
1003 | such agreement by both parties if such agreement becomes |
1004 | effective immediately or retroactively, or the collective |
1005 | bargaining agreement’s actual effective dateif such agreement |
1006 | becomes effective after its ratification date. |
1007 | (3) |
1008 | investigate a certification or recertification |
1009 | determine its sufficiency |
1010 |
|
1011 |
|
1012 |
|
1013 | finds that the petition is |
1014 | must |
1015 |
|
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| 1016 | commission must |
| 1017 | (a) |
| 1018 | determine whichpublic employees are |
| 1019 | entitled to vote at any election held by thecommission. Upon |
| 1020 | providing due notice, thecommission may provide for a hearing. |
| 1021 | (b) Conduct elections by mail, on site, or by any combined |
| 1022 | method ordered or approved by the commission. |
| 1023 | 1. In determining the method of election and timing, the |
| 1024 | commission shallconsider all of the following factors: |
| 1025 | a. The number of eligible votersin the bargaining unit. |
| 1026 | b. The numberof work locations and availability of polling |
| 1027 | locations. |
| 1028 | c. The size of the publicemployer’s operations. |
| 1029 | d. The cost to the commission and parties to conduct the |
| 1030 | election. |
| 1031 | e. The commission’s workload and election schedule. |
| 1032 | f. The work schedules and shifts of the eligible voters. |
| 1033 | g. Whether the parties agreeon a time to holdthe election |
| 1034 | and the method of election to be used. |
| 1035 | h. Any otherfactors that mightimpact the integrity of the |
| 1036 | election. |
| 1037 | 2. Notwithstanding subparagraph 1., if one of the parties |
| 1038 | to the election requests an election by mail, the commission |
| 1039 | must conduct the election by mail. An election by mail must be |
| 1040 | conducted no earlier than4 weeks afterthe postmark dateon the |
| 1041 | ballot mailedby the commission. Notice of an election by mail |
| 1042 | must be provided by the commission to the bargaining agent, the |
| 1043 | public employer, and the publicemployees in the bargaining unit |
| 1044 | at least 4 weeksbefore the dateof the election. |
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| 1045 | (c) |
| 1046 | purposes of collective bargaining |
| 1047 | (d) |
| 1048 | election and any required runoff election to be borneequally by |
| 1049 | the parties, except as the commission may provide by rule. An |
| 1050 | election conducted by mail ballotmust include, subject to |
| 1051 | appropriation, returnenvelopes with prepaidpostage affixed. |
| 1052 | The commission’s order assessing costs of an election may be |
| 1053 | enforced pursuant to |
| 1054 | (4)(a) Except as provided in paragraph (b),elections are |
| 1055 | determined as follows for all certification or recertification |
| 1056 | petitions filedon or after July 1, 2026: |
| 1057 | 1. |
| 1058 | bargaining unitas of the date set by the commission participate |
| 1059 | in the election, and at least50 percent of the publicemployees |
| 1060 | voting in the election select an employee organization |
| 1061 |
|
| 1062 |
|
| 1063 | recertify the employee organization as the |
| 1064 | bargaining agent for the public |
| 1065 | in the unit. |
| 1066 | 2. A runoff election must be held according to rules |
| 1067 | adopted by the commission if, in theelection conducted under |
| 1068 | subparagraph 1., there wasmore than oneemployee organization |
| 1069 | on the ballot, at least 50 percent of the employees in the |
| 1070 | bargaining unitparticipated in the election, and none of the |
| 1071 | choices on the ballotreceived a vote of 50 percent of the |
| 1072 | public employees who voted in the election. |
| 1073 | (b) Certification elections involving publicsafety units |
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| 1074 | are determined as follows: |
| 1075 | 1. If an employee organization is selected by a majority |
| 1076 | vote of the publicemployees voting in the election, the |
| 1077 | commission mustcertify the employee organization as the |
| 1078 | bargaining agentfor the publicemployees in thebargaining |
| 1079 | unit. |
| 1080 |
2. A runoff election must be held according to rules |
| 1081 |
adopted by the commission if, in theelection conducted under |
| 1082 | subparagraph 1., there wasmore than oneemployee organization |
| 1083 | on the ballot and none of the choiceson the ballotreceived a |
| 1084 | majority voteof the publicemployees voting in the election. |
| 1085 | (c) Certification, recertification, or revocation under |
| 1086 | this section is effective upon the issuance of a |
| 1087 | by the commission or, if the final orderis appealed, at the |
| 1088 | time the appeal is exhausted or any stay is vacatedby the |
| 1089 | commission or a |
| 1090 |
|
| 1091 |
|
| 1092 |
|
| 1093 |
|
| 1094 |
|
| 1095 |
|
| 1096 |
|
| 1097 |
|
| 1098 |
|
| 1099 |
|
| 1100 |
|
| 1101 |
|
| 1102 |
|
20261296e1
| 1103 |
|
| 1104 |
|
| 1105 |
|
| 1106 |
|
| 1107 |
|
| 1108 |
|
| 1109 |
|
| 1110 |
|
| 1111 |
|
| 1112 | (5) |
| 1113 | commission shalltake into consideration: |
| 1114 | (a) The principles of efficient administration of |
| 1115 | government. |
| 1116 | (b) The number of employee organizations with which the |
| 1117 | employer mighthave to negotiate. |
| 1118 | (c) The compatibility of the unit with the joint |
| 1119 | responsibilities of the publicemployer and publicemployees to |
| 1120 | represent the public. |
| 1121 | (d) The power of the officials of government at the level |
| 1122 | of the unit to agree, or make effective recommendations to |
| 1123 | another administrative authority or to a legislative body, with |
| 1124 | respect to matters of employment uponwhich the employee desires |
| 1125 | to negotiate. |
| 1126 | (e) The organizational structure of thepublic employer. |
| 1127 | (f) Communityof interest amongthe employees to be |
| 1128 | included in the unit,considering: |
| 1129 | 1. The mannerin which wagesand other termsof employment |
| 1130 | are determined. |
| 1131 | 2. The methodby which jobsand salary classifications are |
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| 1132 | determined. |
| 1133 | 3. The interdependence of jobs andinterchange of |
| 1134 | employees. |
| 1135 | 4. The desires of the employees. |
| 1136 | 5. The history of employee relations within the |
| 1137 | organization of the publicemployer concerning organization and |
| 1138 | negotiation andthe interest of the employees and the employer |
| 1139 | in the continuation of a traditional, workable, and accepted |
| 1140 | negotiation relationship. |
| 1141 | (g) The statutory authority of the publicemployer to |
| 1142 | administer a classification and pay plan. |
| 1143 | (h) Such otherfactors and policies as the commission may |
| 1144 | deem appropriate. |
| 1145 |
|
| 1146 | However, abargaining |
| 1147 | approved forpurposes of collective bargaining which includes |
| 1148 | both professional and nonprofessional employees unless a |
| 1149 | majority of each groupvotes for inclusion in such bargaining |
| 1150 | unit. |
| 1151 | Section 12. Section 447.3076, FloridaStatutes, is created |
| 1152 | to read: |
| 1153 | 447.3076 Clarification of bargaining units.— |
| 1154 | (1) A petition to clarify the composition of a bargaining |
| 1155 | unit may be filedwith the commission when significant changes |
| 1156 | in statutory law or case lawrequire clarification of the |
| 1157 | bargaining unit or when a classification was: |
| 1158 | (a) Created or substantially changed after the unitwas |
| 1159 | initially definedby the commission; |
| 1160 | (b) Retitledwith no substantial change in jobduties; or |
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| 1161 | (c) Included or excluded throughinadvertence or |
| 1162 | misunderstanding by the commission. |
| 1163 | (2) A bargaining unit clarification petition may be filed |
| 1164 | by the bargaining agentfor the bargaining unit or by the public |
| 1165 | employer of the publicemployees in the unit. |
| 1166 | (3) A copyof the petition must be servedon the public |
| 1167 | employer and any bargaining agent that is certified to represent |
| 1168 | any employee or classification which may be substantially |
| 1169 | affected by the proposed bargaining unit clarification. |
| 1170 | (4) If any substantially affected employees are not |
| 1171 | represented by a bargaining agent, the publicemployer must |
| 1172 | provide a copy of the petition to those employees within 10 days |
| 1173 | after the filing of the petition. |
| 1174 | (5) When the clarification of a bargaining unit would |
| 1175 | result in an increase in the size of the bargaining unit by more |
| 1176 | than 25 percent, the unit clarification petition raises a |
| 1177 | question concerning representation and mustbe dismissed. |
| 1178 | Section 13. Section 447.308, Florida Statutes, is amended |
| 1179 | to read: |
| 1180 | 447.308 Decertification |
| 1181 | employee organizations |
| 1182 | (1) A public |
| 1183 | which no longer desiresto be represented by a |
| 1184 | bargaining agentmay file withthe commission a petition to |
| 1185 | decertify the bargaining agent |
| 1186 | petition must |
| 1187 |
|
| 1188 | employees in the bargaining unit |
| 1189 |
|
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| 1190 |
|
| 1191 |
|
| 1192 |
|
| 1193 | showing of interest statements must be signedand dated by the |
| 1194 | public employees not more than12 months beforethe filing of |
| 1195 | the petition. Any employee, employer, or employee organization |
| 1196 | having sufficient reason to believe that the showing of interest |
| 1197 | was |
| 1198 | coercion, intimidation, or misrepresentation or is |
| 1199 | invalid shallbe given a reasonable opportunity to verify and |
| 1200 | challenge the showing of interest |
| 1201 |
|
| 1202 | (2)(a) A decertification petition may notbe filed |
| 1203 | regarding the bargaining unitwithin 12 monthsafter the date |
| 1204 | the commission issues an orderthat verifies theresults of a |
| 1205 | certification, recertification, or decertification election |
| 1206 | covering any of the public employees in the unit. |
| 1207 | (b) If a valid collective bargaining agreement covering any |
| 1208 | of the public employees in the bargaining unit is in effect, a |
| 1209 | decertification petition may only be filed withthe commission |
| 1210 | at least90 but not more than150 days immediately preceding the |
| 1211 | expiration dateof the collective bargaining agreement, or at |
| 1212 | any time after suchagreement’s expiration datebut before the |
| 1213 | effective dateof a new collective bargaining agreement. The |
| 1214 | effective date of a collective bargaining agreement is the date |
| 1215 | of ratification of suchagreement by bothparties if such |
| 1216 | agreement becomeseffective immediately or retroactively, or the |
| 1217 | collective bargaining agreement’s actual effective date if such |
| 1218 | agreement becomeseffective after its ratification date. |
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| 1219 | (3) The commission or one of its designated agents shall |
| 1220 | investigate the decertification petition to determine its |
| 1221 | sufficiency. If the commission finds that thepetition is |
| 1222 | insufficient, thecommission must |
| 1223 | If the commission findsthat the petition is sufficient, the |
| 1224 | commission must |
| 1225 | (a) Identifythe bargaining unitand determine whichpublic |
| 1226 | employees shallbe qualified andentitled to votein the |
| 1227 | election heldby the commission. |
| 1228 | (b) Identifythe public employer or employers of the |
| 1229 | bargaining unit. |
| 1230 | (c) Order an election by secret ballot,the cost of said |
| 1231 | election to be borneequally by the parties, exceptas the |
| 1232 | commission may provide by rule. Anelection conducted by mail |
| 1233 | ballot mustinclude, subject to appropriation, returnenvelopes |
| 1234 | with prepaid postage affixed. The commission’s order assessing |
| 1235 | costs of an election may be enforced pursuant to |
| 1236 |
|
| 1237 | (4)(a) Except as provided in paragraph (b),elections are |
| 1238 | determined as follows for all decertification petitions filed on |
| 1239 | or afterJuly 1, 2026: |
| 1240 | 1. If at least50 percent of the publicemployees in the |
| 1241 | bargaining unitas of the date set by the commission participate |
| 1242 | in the election, and at least50 percent of the publicemployees |
| 1243 | voting in the election vote to decertify an employee |
| 1244 | organization, thecommission must revokethe bargaining agent’s |
| 1245 | certification for that bargaining unit. |
| 1246 | 2. If decertification is not selected by at least 50 |
| 1247 | percent of the publicemployees voting in the election, and at |
20261296e1
| 1248 | least 50 percent of the employees who are in the bargaining unit |
| 1249 | as of the date set by the commission participate in the |
| 1250 | election, thebargaining agent mustretain its certification for |
| 1251 | that bargaining unit. |
| 1252 | (b) Decertification elections involving public safetyunits |
| 1253 | are determined as follows: |
| 1254 | 1. |
| 1255 | the public employees votingin the |
| 1256 |
|
| 1257 |
|
| 1258 |
|
| 1259 | certification forthat |
| 1260 | unit |
| 1261 | 2. |
| 1262 | of the public employees voting in the |
| 1263 |
|
| 1264 |
|
| 1265 | certification forthat bargaining |
| 1266 |
|
| 1267 |
|
| 1268 | (c) Revocation underthis section is effective uponthe |
| 1269 | issuance of a finalorder by the commission or, if the final |
| 1270 | order is appealed, at the time the appealis exhausted or any |
| 1271 | stay is vacated by the commission or a court. |
| 1272 | Section 14. Section 447.309, Florida Statutes, is amended |
| 1273 | to read: |
| 1274 | 447.309 Collective bargaining; approval or rejection.— |
| 1275 | (1) After an employee organization has beencertified as |
| 1276 | the bargaining agent of a bargaining unit pursuant to |
20261296e1
| 1277 |
|
| 1278 |
|
| 1279 | public employer or employers, jointly, shall bargain |
| 1280 | collectively in the determination of the wages,hours, and terms |
| 1281 | and conditions of employment of the publicemployees within the |
| 1282 | bargaining unit.The chief executive officer or hisor her |
| 1283 | representative and the bargaining agent or its representative |
| 1284 | shall meetat reasonable timesand bargain in good faith.In |
| 1285 | conducting negotiations with the bargaining agent, the chief |
| 1286 | executive officeror his or her representative shall consult |
| 1287 | with, and attempt to represent the views of, the legislative |
| 1288 | body of the publicemployer. Any collective bargaining agreement |
| 1289 | reached by the negotiators must |
| 1290 | such agreement must |
| 1291 | officer and the bargaining agent. Any agreement signed by the |
| 1292 | chief executive officer and thebargaining agent is |
| 1293 | binding on the publicemployer until suchagreement has been |
| 1294 | ratified by the publicemployer and the |
| 1295 |
|
| 1296 |
|
| 1297 | statewide bargaining units, any agreement signed by the Governor |
| 1298 | and the bargaining agentfor such a bargaining unitis |
| 1299 |
|
| 1300 |
|
| 1301 | subsections (2) and (3). |
| 1302 | (2)(a) Upon execution of the collective bargaining |
| 1303 | agreement, thechief executive shall,in his or her annual |
| 1304 | budget requestor by other appropriate means,request the |
| 1305 | legislative body to appropriate such amounts as shall be |
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| 1306 | sufficient to fund the provisions of the collective bargaining |
| 1307 | agreement. |
| 1308 | (b) If the state is a partyto a collective bargaining |
| 1309 | agreement in which lessthan the requested amount is |
| 1310 | appropriated by the Legislature, the collective bargaining |
| 1311 | agreement shallbe administered on the basisof the amounts |
| 1312 | appropriated by the Legislature. The failure of the Legislature |
| 1313 | to appropriate funds sufficient to fund thecollective |
| 1314 | bargaining agreement does |
| 1315 | of, any unfair laborpractice. All collective bargaining |
| 1316 | agreements entered into by the state aresubject to the |
| 1317 | appropriations powersof the Legislature, and |
| 1318 | this sectionmay |
| 1319 | of the Legislature to appropriate funds. |
| 1320 | (3) If any provision of a collective bargaining agreement |
| 1321 | is in conflict withany law, ordinance, rule, or regulation over |
| 1322 | which the chief executive officer has no amendatory power, the |
| 1323 | chief executive officer shall submitto the appropriate |
| 1324 | governmental bodyhaving amendatory powera proposed amendment |
| 1325 | to such law, ordinance, rule, or regulation. Unless and until |
| 1326 | such amendment is enacted or adopted and becomes effective, the |
| 1327 | conflicting provision of the collective bargaining agreement may |
| 1328 |
|
| 1329 | (4) If the agreement is not ratified by the publicemployer |
| 1330 | or is not approved by a majority |
| 1331 | voting |
| 1332 | commission, the agreement must |
| 1333 | executive officer and the bargaining agent |
| 1334 | for further negotiations. |
20261296e1
| 1335 | (5) A |
| 1336 | provide for a termof existence of more than3 years and must |
| 1337 |
|
| 1338 | the employees in thebargaining unit duringsuch term except |
| 1339 | those termsand conditions provided for in applicable merit and |
| 1340 | civil service rules and regulations. |
| 1341 | Section 15. Section 447.401, Florida Statutes, is amended |
| 1342 | to read: |
| 1343 | 447.401 Grievance procedures.—Each public employer and |
| 1344 | bargaining agentshall negotiate a grievance procedure to be |
| 1345 | used forthe settlement of disputes between a public employer |
| 1346 | and apublic employee, or a groupof public employees, involving |
| 1347 | the interpretation or application of a collective bargaining |
| 1348 | agreement. The |
| 1349 | terminal stepa final and binding disposition by an impartial |
| 1350 | neutral arbitrator, mutually selected by the parties; however, |
| 1351 | when the issue underappeal is an allegation of abuse, |
| 1352 | abandonment, or neglect ofa child by a public |
| 1353 | s. 39.201 or anallegation of abuse,neglect, or exploitation of |
| 1354 | a vulnerable adult by a publicemployee under s. 415.1034, the |
| 1355 | grievance may not be decided untilsuch allegation |
| 1356 |
|
| 1357 | determined. However, an arbitrator |
| 1358 | party may |
| 1359 | modify, or alter theterms of a collective bargaining agreement. |
| 1360 | If an employee organization is certified as the bargaining agent |
| 1361 | of a bargaining unit,the grievance procedure then in existence |
| 1362 | may be the subject of collective bargaining, and any agreement |
| 1363 | that |
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| 1364 | procedure. Allpublic employees |
| 1365 | and equitable grievance procedure administered without regardto |
| 1366 | membership or nonmembership in any employee organization, except |
| 1367 | that bargaining agents may |
| 1368 |
|
| 1369 | who arenot members of the employee organization. A public |
| 1370 |
|
| 1371 |
|
| 1372 | practice procedure, or a grievance procedure established under |
| 1373 | this section |
| 1374 |
|
| 1375 | procedures. |
| 1376 | Section 16. Subsections (1) through (4) of section 447.403, |
| 1377 | Florida Statutes, are amended to read: |
| 1378 | 447.403 Resolution of impasses.— |
| 1379 | (1) If, aftera reasonable periodof negotiation concerning |
| 1380 | the terms and conditions of employment to be incorporated in a |
| 1381 | collective bargaining agreement, a disputeexists between a |
| 1382 | public employer and a bargaining agent, either partymay declare |
| 1383 | an impasse by providing written notification |
| 1384 |
|
| 1385 | the other party and to the commission. Whenan impasse occurs, |
| 1386 | the public employer or the bargaining agent, or bothparties |
| 1387 | acting jointly, may use |
| 1388 |
|
| 1389 | impasse. If the Governor is the publicemployer or for an |
| 1390 | impasse declared pursuant to s. 447.4095, a |
| 1391 |
|
| 1392 | (2)(a) If a |
20261296e1
| 1393 |
|
| 1394 | must |
| 1395 | special magistrate acceptable to bothparties. If the parties |
| 1396 | are unable to agreeon the appointment of a specialmagistrate, |
| 1397 | the commission must |
| 1398 | qualified special magistrate. However, if the partiesagree in |
| 1399 | writing to waive the appointment of a specialmagistrate, the |
| 1400 | parties may proceed directly to resolution of the impasse by the |
| 1401 | legislative bodypursuant to paragraph (4)(d). Nothing in this |
| 1402 | section precludes the parties fromusing the services of a |
| 1403 | mediator at any timeduring the conduct of collective |
| 1404 | bargaining. |
| 1405 | (b) If the Governor is the publicemployer, a |
| 1406 | magistrate maynot |
| 1407 | proceed directly to the Legislature for resolution of the |
| 1408 | impasse pursuant to paragraph (4)(d). |
| 1409 | (c) For an impasse declared pursuant to s. 447.4095(2), the |
| 1410 | parties mustagree on a special magistrate and submit the |
| 1411 | agreed-upon nameto the commission within 5 calendar days after |
| 1412 | the declaration of impasse. Within 2 business days after the |
| 1413 | submission of the special magistrate’s name, the commission must |
| 1414 | appoint the agreed-upon specialmagistrate. If the parties do |
| 1415 | not submit the nameof an agreed-upon special magistrate to the |
| 1416 | commission within5 calendar days after the declaration of |
| 1417 | impasse, the commission must appoint a special magistrate of its |
| 1418 | choosing within5 calendar days after the parties’ deadline to |
| 1419 | submit the name of the agreed-upon special magistrate. Within5 |
| 1420 | calendar daysafter the specialmagistrate is appointed, each |
| 1421 | party must submit a list of issues at impasse to the special |
20261296e1
| 1422 | magistrate and serve a copy of the list on the other partyat |
| 1423 | the same time. |
| 1424 | (3) The special magistrate shall holda hearing |
| 1425 | order to define the area or areas of dispute, to determine facts |
| 1426 | relating to the dispute, and to rendera decision on any and all |
| 1427 | unresolved contract issues. The hearing must |
| 1428 | held at a time,date, and place |
| 1429 | established by the specialmagistrate in accordance with rules |
| 1430 | adopted |
| 1431 | pursuant to s. 447.4095(2), a hearing mustbe held within20 |
| 1432 | calendar daysafter the parties submit the listof issues at |
| 1433 | impasse to the specialmagistrate. The special magistrate may |
| 1434 |
|
| 1435 | behalf of the partiesto the dispute or on his or her own |
| 1436 | behalf. Within15 calendar daysafter the closeof the |
| 1437 | hearing, or7 calendar days after the close of the hearingfor |
| 1438 | an impasse declared pursuant to s. 447.4095(2), the special |
| 1439 | magistrate shallsubmit |
| 1440 | to the commission andto the representatives of both parties by |
| 1441 | any method of serviceagreed to by the partieswhich establishes |
| 1442 | proof of delivery |
| 1443 | Such recommended decision must |
| 1444 | parties, and each recommendation of the special magistrate is |
| 1445 |
|
| 1446 | rejected by either partyby written noticefiled with the |
| 1447 | commission within20 calendar days, or 10 calendar days for an |
| 1448 | impasse declared pursuant to s. 447.4095(2), after the date the |
| 1449 | party received the special magistrate’s recommended decision. |
| 1450 | The written notice must |
20261296e1
| 1451 | for eachrejection and |
| 1452 | the same time as it is filed withthe commission. |
| 1453 | (4) If eitherthe public employer or the bargaining agent |
| 1454 |
|
| 1455 | recommended decision of the special magistrate, all of the |
| 1456 | following procedures apply: |
| 1457 | (a) The chiefexecutive officer of the governmental entity |
| 1458 | involved must |
| 1459 | a recommendation of the special magistrate, submit to the |
| 1460 | legislative body of the governmental entityinvolved a copy of |
| 1461 | the findings of factand recommended decision of the special |
| 1462 | magistrate, together with the chiefexecutive officer’s |
| 1463 | recommendations for settling the disputed impasse issues. The |
| 1464 | chief executive officer must |
| 1465 | her recommendations to the bargaining agent at thesame time as |
| 1466 | the recommendations are submitted to the legislative body. |
| 1467 |
|
| 1468 | (b) Within 10 calendar daysafter rejection of a |
| 1469 | recommendation of the special magistrate, the bargaining agent |
| 1470 | must |
| 1471 | settling the disputed impasseissues to such legislative body |
| 1472 | and to the chiefexecutive officer. |
| 1473 | (c) The legislative body or its |
| 1474 | must |
| 1475 | the parties must |
| 1476 | with respectto the rejected recommendations of the special |
| 1477 | magistrate. For an impassedeclared pursuant to s. 447.4095(2), |
| 1478 | the legislative body mustconduct the publichearing within 20 |
| 1479 | calendar daysafter the parties submit their recommendations to |
20261296e1
| 1480 | the legislative body. |
| 1481 | (d) Thereafter, the legislative bodymust |
| 1482 | action as it deemsto be in the publicinterest, including the |
| 1483 | interest of the publicemployees involved, to resolve all |
| 1484 | disputed impasseissues. For an impasse declared pursuant to s. |
| 1485 | 447.4095(2), the legislative body must takeaction within 10 |
| 1486 | calendar daysafter the closeof the publichearing. |
| 1487 | (e)1. Following theresolution of thedisputed impasse |
| 1488 | issues by the legislative body, the partiesmust |
| 1489 | writing an agreement whichincludes those issuesagreed to by |
| 1490 | the parties and thosedisputed impasse issuesresolved by the |
| 1491 | legislative body’saction taken pursuant to paragraph (d). For |
| 1492 | an impasse declared pursuant to s. 447.4095(2), the parties must |
| 1493 | reduce the agreement to writing within10 calendar daysafter |
| 1494 | the resolution of the disputed impasse issues by the legislative |
| 1495 | body. |
| 1496 | 2. The agreement must |
| 1497 | executive officerand the bargaining agent and |
| 1498 | submitted to the publicemployer and |
| 1499 |
|
| 1500 | impasse declared pursuant to s. 447.4095(2), the chief executive |
| 1501 | officer and the bargaining agent must signthe agreement within |
| 1502 | 7 calendar days afterthe agreement is reduced to writing and |
| 1503 | must submitthe agreement to the publicemployer and the |
| 1504 | bargaining unitfor ratification within10 calendar days after |
| 1505 | the agreement is signed. For an impasse declared pursuant to s. |
| 1506 | 447.4095(2), theagreement must be signed, submitted, and |
| 1507 | ratified separately from other bargainable issues. |
| 1508 | 3. If the |
20261296e1
| 1509 | pursuant to |
| 1510 | action takenpursuant to |
| 1511 | take effectas of the date of such legislative body’s action for |
| 1512 | the remainder of the first fiscalyear which was the subject of |
| 1513 | negotiations; however, the legislative body’saction may |
| 1514 | not takeeffect with respect to those disputed impasse issues |
| 1515 | that |
| 1516 |
|
| 1517 | agreement, including, but not limited to, preambles, recognition |
| 1518 | clauses, and duration clauses. |
| 1519 | Section 17. Section 447.405, Florida Statutes, is amended |
| 1520 | to read: |
| 1521 | 447.405 Factors to be considered by the special |
| 1522 | magistrate.—The specialmagistrate shall conductthe hearings |
| 1523 | and renderrecommended decisions with the objective of achieving |
| 1524 | a prompt, peaceful, and just settlement of disputes between the |
| 1525 | bargaining agents |
| 1526 | employers. Thefactors |
| 1527 | special magistrate in arriving at a recommended decision must |
| 1528 |
|
| 1529 | (1) Comparison of the annualincome of employment of the |
| 1530 | public employees in question withthe annual income of |
| 1531 | employment maintained for the sameor similar workof employees |
| 1532 | exhibiting likeor similar skillsunder the sameor similar |
| 1533 | working conditions in the localoperating area involved. |
| 1534 | (2) Comparisonof the annualincome of employment of the |
| 1535 | public employees in question withthe annual income of |
| 1536 | employment of public employees in similar publicemployee |
| 1537 | governmental bodiesof comparable size within this |
20261296e1
| 1538 | (3) The interest and welfare of the public. |
| 1539 | (4) Comparison of peculiarities of employment in regard to |
| 1540 | other tradesor professions, specifically with respect to: |
| 1541 | (a) Hazardsof employment. |
| 1542 | (b) Physicalqualifications. |
| 1543 | (c) Educational qualifications. |
| 1544 | (d) Intellectual qualifications. |
| 1545 | (e) Job training and skills. |
| 1546 | (f) Retirement plans. |
| 1547 | (g) Sick leave. |
| 1548 | (h) Job security. |
| 1549 | (5) Availability of funds. |
| 1550 | Section 18. Section 447.4095, FloridaStatutes, is amended |
| 1551 | to read: |
| 1552 | 447.4095 Financial urgency.— |
| 1553 | (1) In the eventof a financial urgency requiring |
| 1554 | modification of an agreement, the chief executive officer or his |
| 1555 | or her representative andthe bargaining agentor its |
| 1556 | representative shallmeet as soonas possible to negotiate the |
| 1557 | impact of the financial urgency. If aftera reasonable period of |
| 1558 | negotiation, whichmay |
| 1559 | dispute existsbetween the publicemployer and thebargaining |
| 1560 | agent, an impasse is |
| 1561 | of the parties must |
| 1562 | party andto the commission. The parties must |
| 1563 | to follow the requirements under |
| 1564 | s. 447.403. An unfair laborpractice charge may |
| 1565 | filed duringthe 14 calendar days during whichnegotiations are |
| 1566 | occurring under |
|
20261296e1 |
| 1567 | (2) For thepurposes of thissection, the implementation of |
| 1568 | appropriations to local governments by the Legislature which are |
| 1569 | specifically directed in law to be disbursed as salaries to |
| 1570 | employees of local governments is considered a financial |
| 1571 | urgency. If the use of funding appropriated by theLegislature |
| 1572 | to localgovernments is restricted to salaries andassociated |
| 1573 | costs of such salaries and the implementation of such |
| 1574 | appropriations will require modification of an agreement, the |
| 1575 | chief executive officer or his or her representative and the |
| 1576 | bargaining agentor its representative must meet within15 |
| 1577 | calendar days after the effective dateof the appropriation to |
| 1578 | negotiate theimpact of thefinancial urgency. If,30 calendar |
| 1579 | days afterthe effective dateof the appropriation, a dispute |
| 1580 | exists betweenthe public employer and the bargaining agent as |
| 1581 | to the impact of the financial urgency, one of the partiesmust, |
| 1582 | within 2 business days,declare an impasse in writing to the |
| 1583 | other partyand to the commission. The parties mustthen proceed |
| 1584 | to followthe requirements unders. 447.403. An unfair labor |
| 1585 | practice chargemay not be filed duringthe 30-day periodof |
| 1586 | negotiations or while the parties are proceeding throughthe |
| 1587 | resulting impasse process. This subsection does not applyto |
| 1588 | public employees in public safetyunits. |
| 1589 | Section 19. Paragraphs (c) and (f) of subsection (1) and |
| 1590 | subsection (2)of section 447.501, Florida Statutes, are |
| 1591 | amended, andparagraph (g) is added to subsection (1)of that |
| 1592 | section, to read: |
| 1593 | 447.501 Unfair laborpractices.— |
| 1594 | (1) Public employers or their agentsor representatives are |
| 1595 | prohibited from: |
20261296e1
| 1596 | (c) Refusing to bargain collectively, failing to bargain |
| 1597 | collectively in good faith,or refusing to sign a final |
| 1598 | agreement agreedupon with the |
| 1599 | the public employees in the bargaining unit. |
| 1600 | (f) Refusing to discuss grievances in good faithpursuant |
| 1601 | to the terms of the collective bargaining agreement witheither |
| 1602 | the |
| 1603 | employee involved. |
| 1604 | (g) Failing to provide to any registered employee |
| 1605 | organization or any petitioning public employee who is seeking |
| 1606 | to support, oppose, or intervene in the certification, |
| 1607 | recertification, or decertification of a bargaining agent equal |
| 1608 | access to the publicemployer’s facilities and its internal |
| 1609 | means of communication for those purposes. The public employer |
| 1610 | must provide such equal accessfrom the dateof the filingof a |
| 1611 | petition pursuant to s. 447.307 or s. 447.308 until the final |
| 1612 | resolution of the petition. |
| 1613 | (2) An |
| 1614 |
|
| 1615 | members areprohibited from: |
| 1616 | (a) Interfering with,restraining, or coercing public |
| 1617 | employees in the exercise of any rightsguaranteed them under |
| 1618 | this part or interfering with, restraining, or coercing |
| 1619 | managerial employees by reason of their performance of job |
| 1620 | duties or other activities undertaken in the interests of the |
| 1621 | public employer. |
| 1622 | (b) Causing or attempting to cause a public employer to |
| 1623 | discriminate againsta public |
| 1624 | employee’s membership or nonmembership in an employee |
20261296e1
| 1625 | organization or attempting to cause the public employer to |
| 1626 | violate |
| 1627 | (c) Refusing to bargain collectively or failing to bargain |
| 1628 | collectively in good faithwith a publicemployer. |
| 1629 | (d) Discriminating againsta public |
| 1630 | or she has signedor filed an affidavit, a petition, or a |
| 1631 | complaint or given any information or testimony in any |
| 1632 | proceedings provided for in thispart. |
| 1633 | (e) Participating in a strikeagainst the publicemployer |
| 1634 | by instigating or supporting, in any positive manner, a strike. |
| 1635 | A person who violates |
| 1636 | subject |
| 1637 | (f) Instigating or advocating support, in any positive |
| 1638 | manner, foran employee organization’s activities from high |
| 1639 | school or grade schoolstudents or students in institutions of |
| 1640 | higher learning. |
| 1641 | Section 20. Subsection (1) of section 447.503, Florida |
| 1642 | Statutes, is amended to read: |
| 1643 | 447.503 Charges of unfair laborpractices.—It is the intent |
| 1644 | of the Legislature thatthe commission act as expeditiously as |
| 1645 | possible to settle disputes regarding alleged unfairlabor |
| 1646 | practices. To this end,violations of theprovisions of s. |
| 1647 | 447.501 shallbe remedied by the commission in accordance with |
| 1648 | the following procedures and in accordance with chapter 120; |
| 1649 | however, to the extentthat chapter 120is inconsistent with the |
| 1650 | provisions of this section, the procedures contained in this |
| 1651 | section shallgovern: |
| 1652 | (1) A proceeding to remedy a violation of |
| 1653 | s. 447.501 must |
20261296e1
| 1654 | with the commission by a public |
| 1655 | or an employee organization, or any combination thereof, whose |
| 1656 | substantial interests will be affected as referenced in chapter |
| 1657 | 120. Such a chargemust |
| 1658 | statement of facts constituting the alleged unfairlabor |
| 1659 | practice, including the names of all individuals involved in the |
| 1660 | alleged unfairlabor practice, andinclude specific reference to |
| 1661 | the provisions of s. 447.501 alleged to have beenviolated, and |
| 1662 | such otherrelevant information as the commission may by rule |
| 1663 | require or allow. Service of the chargemust |
| 1664 | each namedrespondent at the time of filing with the commission. |
| 1665 | The chargemust be accompanied by sworn statements and |
| 1666 | documentary evidence sufficient to establish a prima facie |
| 1667 | violation of the applicable unfair labor practice provision. |
| 1668 | Such supporting evidence is not to be attached to the chargeand |
| 1669 | is to be furnished only to thecommission. |
| 1670 | Section 21. Subsections (2) through (5) and paragraph (a) |
| 1671 | of subsection (6) of section447.507, Florida Statutes, are |
| 1672 | amended to read: |
| 1673 | 447.507 Violation of strike prohibition; penalties.— |
| 1674 | (2) If a public employee, a group of public employees, an |
| 1675 | employee organization, or any officer, agent, or representative |
| 1676 | of any employee organization engages in a strike in violation of |
| 1677 | s. 447.505, either the commission or any publicemployer whose |
| 1678 | public employees are involved or whose public employees may be |
| 1679 | affected by the strikemay file suit to enjointhe strike in the |
| 1680 | circuit courthaving proper jurisdiction and proper venueof |
| 1681 | such actionsunder the Florida Rules of CivilProcedure and |
| 1682 | Florida Statutes. The circuit courtshall conduct a hearing, |
20261296e1
1683 1684 1685 1686 1687 1688 | with notice to the commission and to all interested parties, at the earliest practicable time. If the plaintiff makes a prima facie showing that a violation of s. 447.505 is in progress or that there is a clear, real, and present danger that such a strike is about to commence, thecircuit court must a temporary injunction enjoining the strike.Upon final hearing, |
| 1689 | the circuit court shalleither make the injunction permanent or |
| 1690 | dissolve it. |
| 1691 | (3) If an injunction to enjoin a strike issuedpursuant to |
| 1692 | this section is not promptly complied with, on the application |
| 1693 | of the plaintiff, thecircuit court must |
| 1694 | initiate contempt proceedings against thosewho appear to be in |
| 1695 | violation. An employee organization found to be in contempt of |
| 1696 | court for violating an injunction against a strike shallbe |
| 1697 | fined an amount deemedappropriate by thecourt. In determining |
| 1698 | the appropriate fine, the court shallobjectively consider the |
| 1699 | extent of lost services and the particular nature and position |
| 1700 | of the public employee group in violation. A |
| 1701 |
|
| 1702 | representative of an employee organization found to be in |
| 1703 | contempt of court forviolating an injunction against a strike |
| 1704 | shall be fined atleast $300, but not more than $600, |
| 1705 |
|
| 1706 | violation is in progress. |
| 1707 | (4) An employee organization is |
| 1708 | damages that |
| 1709 | result of a violation of |
| 1710 | employee organization or its representatives, officers, or |
| 1711 | agents. The circuit courthaving jurisdiction over such actions |
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| 1712 | may |
| 1713 | organizations inthe amount deemedappropriate by the court in |
| 1714 | accordance withthis section. An action maynot |
| 1715 |
|
| 1716 |
|
| 1717 |
|
| 1718 | subsection untilall proceedings that |
| 1719 | the commission at the time of the strikeor that |
| 1720 | initiated within30 days after |
| 1721 | adjudicated or otherwise disposed of. In determining the amount |
| 1722 | of damages, if any,to be awarded to the public employer, the |
| 1723 | trier of fact shalltake into consideration any action or |
| 1724 | inaction by the publicemployer or itsagents that provoked or |
| 1725 | tended to provoke thestrike by thepublic employees. The trier |
| 1726 | of factshall also takeinto consideration anydamages that |
| 1727 | might havebeen recovered by the publicemployer under |
| 1728 | subparagraph (6)(a)4. |
| 1729 | (5) If the commission, aftera hearing on notice conducted |
| 1730 | according to rules adopted |
| 1731 | determines thata public |
| 1732 | may orderthe termination of such employee’s |
| 1733 | employment by the publicemployer. Notwithstanding any other |
| 1734 | provision of law, a person knowingly violating s. 447.505 |
| 1735 |
|
| 1736 | appointed, reappointed, employed, or reemployed as a public |
| 1737 | employee, but only uponthe following conditions: |
| 1738 | (a) Such personshall be on probation for |
| 1739 | months after |
| 1740 | employment, or reemployment, duringwhich period he or she shall |
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| 1741 | serve without permanent status and at thepleasure of the agency |
| 1742 | head. |
| 1743 | (b) His or her compensation may not |
| 1744 | compensation |
| 1745 | of the violation. |
| 1746 | (c) The compensation of the personmay not be increased |
| 1747 | until atleast |
| 1748 | appointment, reappointment, employment, or reemployment. |
| 1749 | (6)(a) If thecommission determines thatan employee |
| 1750 | organization has violated s. 447.505, it may: |
| 1751 | 1. Issue cease and desist ordersas necessary to ensure |
| 1752 | compliance with its order. |
| 1753 | 2. Suspendor revoke the certification of the |
| 1754 |
|
| 1755 | unit. |
| 1756 | 3. Revoke anyrequirement of the public employer to engage |
| 1757 | in membership |
| 1758 |
|
| 1759 | 447.303. |
| 1760 | 4. Fine the organization up to $40,000 |
| 1761 | calendar day of suchviolation or determine the approximate cost |
| 1762 | to the public due to each calendar day of the strike and fine |
| 1763 | the organization an amountequal to suchcost, regardless of |
| 1764 | whether the fine exceeds $40,000, |
| 1765 |
|
| 1766 | fines so collected |
| 1767 | employer and must |
| 1768 |
|
| 1769 | the strike. In determining the amount of damages, if any, to be |
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| 1770 | awarded to the publicemployer, the commission must consider |
| 1771 |
|
| 1772 | public employer or its agentsthat provoked, or tended to |
| 1773 | provoke, thestrike by thepublic employees. |
| 1774 | Section 22. Section 447.509, Florida Statutes, is amended |
| 1775 | to read: |
| 1776 | 447.509 Other unlawful acts; exceptions.— |
| 1777 | (1) Employeeorganizations, their members, agents, or |
| 1778 | representatives, or any personsacting on theirbehalf are |
| 1779 | hereby prohibited from: |
| 1780 | (a) Soliciting public employees duringworking hours of any |
| 1781 | employee who is involved in the solicitation. |
| 1782 | (b) Distributing literature during workinghours in areas |
| 1783 | where the actual workof public employees is performed, such as |
| 1784 | offices, warehouses, schools, police stations, fire stations, |
| 1785 | and any similar publicinstallations. This sectionmay |
| 1786 | be construed to prohibit the distribution of literature during |
| 1787 | the employee’s lunch hour or in such areas not specifically |
| 1788 | devoted to the performance of the employee’s official duties. |
| 1789 | (c) Instigating or advocating support, in any positive |
| 1790 | manner, foran employee organization’s activities from high |
| 1791 | school or grade schoolstudents during classroom time. |
| 1792 | (d) Offeringanything of valueto a public officer as |
| 1793 | defined in s. 112.313(1) which the publicofficer is prohibited |
| 1794 | from accepting under s. 112.313(2). |
| 1795 | (e) Offeringany compensation, payment, or thing of value |
| 1796 | to a public officeras defined in s. 112.313(1) which the public |
| 1797 | officer is prohibited fromaccepting under s. 112.313(4). |
| 1798 | (2) An |
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| 1799 | indirectly pay any finesor penalties assessed against |
| 1800 | individuals pursuant to |
| 1801 | (3) Public employers, their agents or representatives, or |
| 1802 | persons actingon their behalfmay not provide any form of |
| 1803 | compensation or paid leaveto a public employee, directly or |
| 1804 | indirectly, for the purposeof engaging in employee organization |
| 1805 | activities. |
| 1806 | (4) Notwithstanding subsection (3), a public employee may |
| 1807 | do any of the following: |
| 1808 | (a) Be granted time off withoutpay or benefits to engage |
| 1809 | in employee organization activities, provided that the public |
| 1810 | employer and the bargaining agent agree. An employee |
| 1811 | organization may compensate a public employee for engaging in |
| 1812 | employee organization activities. |
| 1813 | (b) Use compensated personal leave, whether the leave is |
| 1814 | the public employee’s or is voluntarily donated by otherpublic |
| 1815 | employees in the bargaining unit, to engagein employee |
| 1816 | organization activities if: |
| 1817 | 1. The leave is accrued at the samerate by similarly |
| 1818 | situated publicemployees in the bargaining unit without regard |
| 1819 | to membership in or participation with an employee organization. |
| 1820 | 2. The public employee may freely choosethe manner in |
| 1821 | which to use theleave. |
| 1822 | (c) Engage in representational employee organization |
| 1823 | activities on behalf of the bargaining agent while in a duty |
| 1824 | status without loss of pay or benefits, provided that the public |
| 1825 | employer and the bargaining agent agree. |
| 1826 | (5) Notwithstanding subsection (3), a public employer may |
| 1827 | provide compensation and benefits to a publicemployee for the |
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| 1828 | purpose of engaging in employee organization activities if |
| 1829 | agreed to in thecollective bargaining agreement and if the |
| 1830 | public employer is fully reimbursed by the employee organization |
| 1831 | for such compensation and benefits. |
| 1832 | (6) Subsections (3) and (4) do not apply to public |
| 1833 | employees in public safetyunits. |
| 1834 | (7) The circuit courtsof this state |
| 1835 | jurisdiction to enforce |
| 1836 | injunction andcontempt proceedings, if necessary. A public |
| 1837 | employee whois convicted of a violation of |
| 1838 | this sectionmay be discharged or otherwise disciplined by his |
| 1839 | or her public employer, notwithstanding further provisions of |
| 1840 | law, and notwithstanding the provisions of any collective |
| 1841 | bargaining agreement. |
| 1842 | Section 23. Subsection (3) of section 110.114, Florida |
| 1843 | Statutes, is amended to read: |
| 1844 | 110.114 Employee wagedeductions.— |
| 1845 | (3) Notwithstanding |
| 1846 | (2), |
| 1847 | as defined in s.447.203 |
| 1848 |
|
| 1849 | permitted onlyfor an organization that has beencertified |
| 1850 | pursuant to chapter 447 as the |
| 1851 |
|
| 1852 |
|
| 1853 | subject to |
| 1854 | Section 24. Paragraph (w) of subsection (2) of section |
| 1855 | 110.205, FloridaStatutes, is amendedto read: |
| 1856 | 110.205 Career service; exemptions.— |
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| 1857 | (2) EXEMPT POSITIONS.—The exempt positions that are not |
| 1858 | covered by this partinclude the following: |
| 1859 | (w) Managerial employees and |
| 1860 | confidential employees, as those termsare defined in s. 447.203 |
| 1861 |
|
| 1862 | of theirtime communicating with,motivating, training, and |
| 1863 | evaluating employees, and planning anddirecting employees’ |
| 1864 | work, and who havethe authority to hire, transfer, suspend, lay |
| 1865 | off, recall, promote, discharge, assign,reward, or discipline |
| 1866 | subordinate employees or effectively recommend such action, |
| 1867 | including allemployees serving as supervisors, administrators, |
| 1868 | and directors. Excluded are employees also designated as special |
| 1869 | risk or special risk administrative support and attorneys who |
| 1870 | serve as administrative lawjudges pursuant to s. 120.65or for |
| 1871 | hearings conducted pursuant to s. 120.57(1)(a). Additionally, |
| 1872 | registered nurseslicensed under chapter 464, dentists licensed |
| 1873 | under chapter 466, psychologists licensed under chapter 490 or |
| 1874 | chapter 491,nutritionists or dietitians licensed under partX |
| 1875 | of chapter 468, pharmacists licensed under chapter465, |
| 1876 | psychological specialists licensed under chapter491, physical |
| 1877 | therapists licensed under chapter 486, and speechtherapists |
| 1878 | licensed underpart I of chapter 468 are excluded, unless |
| 1879 | otherwise collectively bargained. |
| 1880 | Section 25. Subsection (6) of section 112.3187, Florida |
| 1881 | Statutes, is amended to read: |
| 1882 | 112.3187 Adverse actionagainst employee for disclosing |
| 1883 | information of specified natureprohibited; employee remedyand |
| 1884 | relief.— |
| 1885 | (6) TO WHOM INFORMATION DISCLOSED.—The information |
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| 1886 | disclosed underthis section mustbe disclosed to any agency or |
| 1887 | federal government entity having the authority to investigate, |
| 1888 | police, manage,or otherwise remedythe violation or act, |
| 1889 | including, but not limited to, the Officeof the ChiefInspector |
| 1890 | General, an agency inspector general or the employee designated |
| 1891 | as agencyinspector general unders. 112.3189(1) or inspectors |
| 1892 | general unders. 20.055, theFlorida Commission on Human |
| 1893 | Relations, and the whistle-blower’s hotline created unders. |
| 1894 | 112.3189. However, for disclosures concerning a local |
| 1895 | governmental entity,including any regional, county, or |
| 1896 | municipal entity,special district, community college district, |
| 1897 | or schooldistrict or any political subdivision of any of the |
| 1898 | foregoing, the information mustbe disclosed to a chief |
| 1899 | executive officeras defined in s. 447.203 |
| 1900 | other appropriate local official. |
| 1901 | Section 26. Subsection (5) of section 121.031, Florida |
| 1902 | Statutes, is amended to read: |
| 1903 | 121.031 Administration of system; appropriation; oaths; |
| 1904 | actuarial studies; public records.— |
| 1905 | (5) The names and addresses of retirees are confidential |
| 1906 | and exemptfrom |
| 1907 | that no state or local governmental agency may provide the names |
| 1908 | or addresses of suchpersons in aggregate, compiled, or list |
| 1909 | form to any personexcept to a public agencyengaged in official |
| 1910 | business. However, a state or local government agency may |
| 1911 | provide the names andaddresses of retirees from that agency to |
| 1912 | a bargaining agent as defined in s. 447.203 |
| 1913 | a retiree organization for official business use. Lists of names |
| 1914 | or addresses of retirees may be exchanged by public agencies, |
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| 1915 | but such lists may |
| 1916 | inspection by, the public. Any person may view or copy any |
| 1917 | individual’s retirement records at the Department of Management |
| 1918 | Services, onerecord at a time, or may obtaininformation by a |
| 1919 | separate writtenrequest for a named individual for which |
| 1920 | information is desired. |
| 1921 | Section 27. Subsection (1) of section 447.02, Florida |
| 1922 | Statutes, is amended to read: |
| 1923 | 447.02 Definitions.—The following terms, when used in this |
| 1924 | chapter, shallhave the meanings ascribed to themin this |
| 1925 | section: |
| 1926 | (1) The term “labor organization” means any organization of |
| 1927 | employees or local or subdivision thereof, having within its |
| 1928 | membership residents of the state,whether incorporated or not, |
| 1929 | organized for the purposeof dealing withemployers concerning |
| 1930 | hours of employment, rateof pay, workingconditions, or |
| 1931 | grievances of any kind relating to employment and recognized as |
| 1932 | a unitof bargaining by one or more employers doing business in |
| 1933 | this state,except that an “employee organization,” as defined |
| 1934 | in s. 447.203 |
| 1935 | definition at such timeas it seeksto register pursuant to s. |
| 1936 | 447.305. |
| 1937 | Section 28. Section 447.609, Florida Statutes, is amended |
| 1938 | to read: |
| 1939 | 447.609 Representation in proceedings.—Any full-time |
| 1940 | employee or officer of any publicemployer or employee |
| 1941 | organization mayrepresent his or her employer or any public |
| 1942 | employee in |
| 1943 | authorized in this part,excluding the representation of any |
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| 1944 | person or public employer in a courtof law by a personwho is |
| 1945 | not a licensed attorney. |
| 1946 | Section 29. Subsection (2) of section 1011.60, Florida |
| 1947 | Statutes, is amended to read: |
| 1948 | 1011.60 Minimum requirements of the FloridaEducation |
| 1949 | Finance Program.—Each district which participates in the state |
| 1950 | appropriations for the Florida Education Finance Program shall |
| 1951 | provide evidence of its effortto maintain an adequate school |
| 1952 | program throughout the district and shall meetat least the |
| 1953 | following requirements: |
| 1954 | (2) MINIMUMTERM.—Operate all schoolsfor a term of 180 |
| 1955 | actual teaching days or the equivalent on an hourlybasis as |
| 1956 | specified by rules of the StateBoard of Education each school |
| 1957 | year. The State Boardof Education may prescribe procedures for |
| 1958 | altering, and,upon written application, may alter, this |
| 1959 | requirement duringa national, state,or local emergency as it |
| 1960 | may apply to an individual schoolor schools in any district or |
| 1961 | districts if, in the opinion of the board,it is not feasible to |
| 1962 | make up lost daysor hours, and the apportionment may, at the |
| 1963 | discretion of the Commissioner of Education andif the board |
| 1964 | determines thatthe reduction of school daysor hours is caused |
| 1965 | by the existence of a bona fide emergency, be reduced for such |
| 1966 | district or districts in proportion to the decrease in the |
| 1967 | length of term in any such school or schools. A strike, as |
| 1968 | defined in s. 447.203 |
| 1969 | district maynot be considered an emergency. |
| 1970 | Section 30. This act shalltake effect July 1, 2026. |