The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Governmental Oversight and Accountability
BILL: CS/SB 256
INTRODUCER: Governmental Oversight and Accountability Committee and Senator Ingoglia
SUBJECT: Employee Organizations Representing Public Employees
DATE: March 8, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McVaney McVaney GO Fav/CS
2. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 256 enacts several new requirements of the employee organizations that represent public
employees in collective bargaining. Specifically, the bill:
Requires employees who wish to join certain employee organizations to sign a membership
authorization form that is prescribed by the Public Employees Relations Commission
(PERC), which must contain specific information.
Requires specific employee organizations to allow a member to revoke his or her
membership in the organization at any time, and without any reason.
Allows the PERC to inspect specific employee organization’s membership authorization
forms and membership revocation forms.
Prohibits certain employee organizations from receiving their members’ dues and
assessments via salary deduction from the members’ public employer.
Expands the information required in an employee organization’s annual registration renewal
with the PERC. This newly required information includes information that relates to the
number and percentage of dues-paying members in each bargaining unit. In addition, the
employee organization’s current annual financial report must be audited by an independent
certified public accountant.
Authorizes the public employer or an employee who is eligible for representation in the
bargaining unit to challenge the application for registration renewal. The PERC must
investigate to confirm the information submitted.
Requires the employee organization to be recertified as the bargaining agent if the number of
employees paying dues to the employee organization during the last registration period is less
than 60 percent of the number of employees eligible for representation in the bargaining unit.
REVISED: BILL: CS/SB 256 Page 2
Requires the certified bargaining agent to provide certain information to its members,
including the annual costs of membership.
Expands the prohibited activities by certain employee organizations and its representatives.
The bill is expected to have an indeterminate fiscal impact on state and local government
expenditures.
The bill takes effect July 1, 2023.
II. Present Situation:
Right-to-Work
The State Constitution provides that the “right of persons to work shall not be denied or abridged
on account of membership or non-membership in any labor union or labor organization.”
1
Based
on this constitutional right, Florida is regarded as a “right-to-work” state.
Collective Bargaining
The State Constitution also guarantees that “the right of employees, by and through a labor
organization, to bargain collectively shall not be denied or abridged.”
2
To implement this
constitutional provision, the Legislature enacted ch. 447, F.S., which provides that the purpose of
collective bargaining is to promote cooperative relationships between the government and its
employees and to protect the public by assuring the orderly and uninterrupted operations and
functions of government.
3
Public employees have the right to form, join, participate in, and be
represented by an employee organization of their own choosing, or to refrain from forming,
joining, participating in, or being represented by an employee organization.
4
Regardless of union
membership, each employee is subject to the negotiated collective bargaining agreement that is
applicable to the employee’s position. Through collective bargaining, public employees
5
1
FLA. CONST. art. 1, s. 6.
2
Id.
3
Section 447.201, F.S.
4
Section 447.301(1) and (2), F.S.
5
Section 447.203(3), F.S., defines the term “public employee” to mean any person employed by a public employer except:
(a) Persons appointed by the Governor or elected by the people, agency heads, and members of boards and
commissions.
(b) Persons holding positions by appointment or employment in the organized militia.
(c) Individuals acting as negotiating representatives for employer authorities.
(d) Persons who are designated by the commission as managerial or confidential employees pursuant to criteria
contained herein.
(e) Persons holding positions of employment with the Florida Legislature.
(f) Persons who have been convicted of a crime and are inmates confined to institutions within the state.
(g) 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) Persons employed by the Public Employees Relations Commission.
(i) Persons enrolled as undergraduate students in a state university who perform part-time work for the state university. BILL: CS/SB 256 Page 3
collectively negotiate with their public employer
6
in the determination of the terms and
conditions of their employment.
7
The Public Employees Relations Commission (PERC) is
responsible for assisting in resolving disputes between public employees and public employers.
8
Registration of Employee Organization
An employee organization
9
that seeks to become a certified bargaining agent for public
employees must register with the PERC prior to (a) requesting recognition by a public employer
for purposes of collective bargaining and (b) submitting a petition to the PERC to request
certification as an exclusive bargaining agent.
10
The application for registration must include:
The name and address of the organization and of any parent organization or organization
with which it is affiliated;
The names and addresses of the principal officers and all representatives of the organization;
The amount of the initiation fee and of the monthly dues which members must pay;
The current annual financial statement of the organization;
The name of its business agent, if any; the name of its local agent for service of process, if
different from the business agent; and the addresses where such person or persons can be
reached;
A pledge, in a form prescribed by the commission, that the employee organization will
conform to the laws of the state and that it will accept members without regard to age, race,
sex, religion, or national origin;
A copy of the current constitution and bylaws of the employee organization; and
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 affiliate or parent organization of any
registering labor organization may annually submit a copy of its current constitution and
bylaws.
11
A registration granted to an employee organization is valid for 1 year from the date of issuance.
A registration must be renewed annually by filing an application for renewal under oath with the
PERC. An application for renewal must reflect any changes in the information provided to the
PERC in conjunction with the employee organization’s preceding application for registration or
previous renewal. Each application for renewal of registration must include a current annual
financial report with the following information:
12
Assets and liabilities at the beginning and end of the fiscal year;
Receipts of any kind and the sources thereof;
6
The term “public employer” means the state or any county, municipality, or special district or any subdivision or agency
thereof that the commission determines has sufficient legal distinctiveness properly to carry out the functions of a public
employer. Section 447.203(2), F.S.
7
Section 447.301(2), F.S.
8
Section 447.201(3), F.S.
9
Section 447.203(11), F.S., defines employee organization as 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.”
10
Section 447.305(1), F.S.
11
Section 447.305(1)(a-h), F.S.
12
Section 447.305(2), F.S. BILL: CS/SB 256 Page 4
Salary, allowances, and other direct or indirect disbursements to each officer and to each
employee who received during the fiscal year more than $10,000 in the aggregate from the
employee organization and any affiliated employee organization;
Direct and indirect loans made to any officer, employee, member which aggregated more
than $250 during the fiscal year; and
Direct and indirect loans to any business enterprise.
A registration fee of $15 must be submitted for each registration and renewal.
13
Certification of Employee Organization as bargaining agent
After registering with the PERC, an employee organization may begin the certification process.
Any employee organization that is selected by a majority of public employees in a designated
unit as their representative for collective bargaining purposes can request recognition by the
public employer.
The employer, if satisfied as to the majority status of the employee organization and the
appropriateness of the unit, must recognize the employee organization as the collective
bargaining representative of employees in the designated unit. Following recognition by the
employer, the employee organization must immediately petition the commission for
certification.
14
The PERC will review only the appropriateness of the unit proposed by the
employee organization. Appropriateness is defined as the history of employee relations within
the organization of the public employer concerning organization and negotiation and the interest
of the employees and the employer.
15
If the unit is appropriate, the PERC will immediately
certify the employee organization as the exclusive representative of all employees in the unit. If
the unit is inappropriate, the PERC may dismiss the petition.
If the public employer refuses to recognize the employee organization, the employee
organization may file a petition with the PERC for certification as the bargaining agent. The
petition has to be accompanied by dated statements signed by at least 30 percent of the
employees in the proposed unit. The PERC will investigate the petition to determine its
sufficiency, and provide for an appropriate hearing upon notice, and may order an election by
secret ballot. Any registered employee organization that desires to be placed on the ballot in any
election may be permitted by the commission to intervene. If an employee organization is
selected by the majority of the employees who vote in the election, the commission must certify
the employee organization as the exclusive collective representative for all employees in the
unit.
16
Authority of the Certified Bargaining Agent
The certified bargaining agent and the chief executive of the public employer must bargain
collectively and in good faith in the determination of wages, hours, and terms and conditions of
employment of the employees.
17
Any collective bargaining agreement reached between the
13
Section 447.305(3), F.S.
14
Section 447.307(1)(a), F.S.
15
Section 447.307(4)(f), F.S.
16
Section 447.307(3)(a-d), F.S.
17
Section 447.309(1), F.S. BILL: CS/SB 256 Page 5
parties must be put in writing and signed by the chief executive officer and the bargaining
agent.
18
Such agreement is not binding on the employer until the agreement has been ratified by
the employer and the employees in the bargaining unit.
19
Current law prohibits a collective
bargaining agreement from providing for a term of existence of more than 3 years and requires
the agreement to contain all of the terms and conditions of employment of the employees during
such term.
20
The bargaining agent also has the authority to process grievances to settle disputes
between the employer and the employees in the bargaining unit.
21
An employee organization which has been certified as the bargaining agent has the right to have
its dues and assessments deducted and collected by the employer from the salaries of those
employees who authorize the deduction of said dues and assessments.
22
For state agencies, the Department of Financial Services (DFS) must concur with the agencies
before deductions are allowed. However, the deductions from salary for the membership dues of
a certified bargaining agent does not require the concurrence of the DFS;
23
provided the
deductions may be permitted only for an organization that has been certified as the exclusive
bargaining agent for a unit in which the employee is included.
24
Likewise, cities, counties and special districts are permitted in their sole discretion to make wage
deductions as authorized and directed by the employee.
25
Records Exempt from Public Records Inspection and Copying Requirements
The petitions and statements signed and dated by employees indicating that the employee wants
to be represented by an employee organization for purposes of collective bargaining are
confidential and exempt from public inspection and copying requirements. However, the names
appearing on the petition may be challenged by any employee, employer, or employer
organization with sufficient reason to believe that the names were obtained by collusion,
coercion, intimidation, or misrepresentation or are otherwise invalid.
26
The payroll deduction records of an employee of a school board are confidential and exempt
from public inspection and copying requirements.
27
Prohibited Acts by Employee Organizations and Employees
An employee organization, its members, agents, or representatives, or any person’s action on its
behalf is prohibited from:
18
Id.
19
Id.
20
Section 447.309(5), F.S.
21
Section 447.401, F.S.
22
Section 447.303, F.S.
23
Section 110.114(1), F.S.
24
Section 110.114(3), F.S.
25
Section 112.171, F.S.
26
Section 447.307(2), F.S.
27
Section 1012.31(3)(a)4., F.S. BILL: CS/SB 256 Page 6
Soliciting public employees during working hours of any employee involved in the
solicitation;
Distributing literature during working hours in areas where the actual work of public
employees is performed; and
Instigating or advocating support, in any positive manner, for an employee organization’s
activities from high school or grade school students during classroom time.
28
Enforcement of these prohibitions is in the circuit court through injunctive relief and contempt
proceedings. A public employee who is convicted of such violation may be discharged or
disciplined otherwise.
29
For state employees, an organization, entity, or person is prohibited from intentionally soliciting
a state employee, through any means, for fundraising or business purposes within work areas
during work hours.
30
This prohibition does not apply to state-approved communications by
entities with whom the state has contracted to provide employee benefits or services,
31
noncoercive voluntary communications between state employees in work areas,
32
or activities at
authorized public events that occur in nonwork areas of state owned or leased facilities.
33
Revocation of certification
An employee or group of employees who no longer desires to be represented by the certified
bargaining agent may file with the PERC a petition to revoke certification. The petition must be
accompanied by dated statements signed by at least 30 percent of the employees in the unit,
indicating that such employees no longer desire to be represented by the certified bargaining
agent. If the PERC finds the petition to be sufficient, it must immediately order an election by
secret ballot.
34
If a majority of voting employees vote against the continuation of representation by the certified
bargaining agent, the organization’s certification is revoked.
35
Otherwise, the employee
organization is retained as the exclusive bargaining agent for the unit.
36
Additional Requirements for Certified Bargaining Agents of Educational Personnel
In 2018, the Legislature enacted an additional requirement for the renewal of registration of an
employee organization certified as the bargaining agent for a unit of instructional personnel.
37
These employee organizations are required to report:
28
Section 447.509(1), F.S.
29
Section 447.509(3), F.S.
30
Section 110.182, F.S.
31
Section 110.182(1), F.S.
32
Section 110.182(2), F.S.
33
Section 110.182(3), F.S.
34
Section 447.308(1), F.S.
35
Section 447.308(2), F.S.
36
Section 447.308(3), F.S.
37
Section 1012.01(2), F.S., defines instructional personnel as any K-12 staff member whose functions include direct
instructional services to students. This includes classroom teachers, student personnel services, librarians and media
specialists, educational paraprofessionals, and other instructional staff such as specialists and trainers. BILL: CS/SB 256 Page 7
The number of employees in the bargaining unit who are eligible for representation by the
employee organization.
The number of employees who are represented by the employee organization, specifying the
number of members who pay dues and the number of members who do not pay dues.
38
If a bargaining unit’s dues-paying membership is less than 50 percent of the employees eligible
for representation, the employee organization must petition PERC for recertification as the
certified bargaining agent of that bargaining unit. If the petition is not filed within 1 month of the
date of renewal registration, the employee organization’s certification as the exclusive
representative of the unit is revoked.
39
For the 2021-22 renewal period, only one bargaining unit reported less than 50 percent due-
paying membership. That employee organization petitioned for recertification and was approved
by over 92 percent of the employees voting in the recertification election.
40
The table below represents the key data reported for the 2021-22 fiscal year for the employee
organizations representing instructional personnel bargaining units.
41
Union Name Number of
Employees in the
Bargaining Unit
Percentage
Dues
Paying
Alachua County Education Association 1868 70.45%
Association of Bay County Educators 1474 54.14%
Association of Calhoun Educators 145 51.72%
Baker County Education Association 330 64.24%
Bradford Education Association 242 55.79%
Brevard Federation of Teachers 4671 65.40%
Broward Teachers Union, Local 1975 (Rep. Broward County S.B) 13,964 64.25%
Broward Teachers Union, Local 1975 (Rep. Pembroke Pines Charter
School)
352 55.40%
Charlotte FEA 1028 73.25%
Citrus County Education Association 1158 50.86%
Clay County Education Association 2816 59.77%
Collier County Education Association 3204 69.94%
Columbia Teachers Association 645 52.09%
DeSoto County Education Association 302 52.65%
Dixie County Education Association 132 50.00%
Duval Teachers United 7393 71.41%
38
Section 1012.2325(4)(c)1., F.S.
39
Section 1012.2315(4)(c)2., F.S.
40
Santa Rosa Professional Educators v. School Board of Santa Rosa County, Florida, EL2022-018 (Sept. 15, 2022),
http://perc.myflorida.com/download.aspx?Prefix=EL&CaseYr=22&CaseNo=018&File=EL22018_Fil32_09152022_135328.
pdf.
41
Email from Jennifer Okwabi, Impasse Resolution Coordinator, Public Employees Relations Commission, to Gabriela
Limones-Borja, Legislative Research Assistant, The Florida Senate (Jan. 30, 2023) (on file with Governmental Oversight and
Accountability). BILL: CS/SB 256 Page 8
Union Name Number of
Employees in the
Bargaining Unit
Percentage
Dues
Paying
Education Association of St. Lucie 2770 62.17%
Escambia Education Association 2813 51.44%
Flagler County Education Association 802 61.60%
Florida School for the Deaf & Blind Education Association 160 74.38%
Franklin County Teachers Association 69 63.77%
Gadsden County Classroom Teachers Association 293 52.90%
Gilchrist Employees United 167 56.89%
Glades County Teachers Association 107 56.07%
Gulf County Education Association 151 58.28%
Hamilton County Education Association 120 58.33%
Hardee Education Association/United 347 51.59%
Hendry County Education Association 502 58.37%
Hernando County Teachers Association 1598 61.89%
Highlands County Education Association 800 50.50%
Hillsborough Classroom Teachers Association 14,160 63.10%
Holmes County Teachers Association 243 57.20%
Indian River CEA 1100 69.27%
Jackson County Education Association 487 57.70%
Lafayette Education Association 80 56.25%
Lake County Education Association 3134 50.70%
Leon Classroom Teachers Association 2023 51.71%
Levy County Education Association, AFT Local 4077 347 50.72%
Liberty Education Association 101 51.49%
Madison County Education Association 154 61.04%
Manatee Education Association 2924 53.04%
Marion Education Association 2881 53.21%
Martin County Education Association 1224 58.74%
Nassau Teachers Association 802 55.24%
Okaloosa County Education Association 1939 77.26%
Okeechobee County Education Association 447 56.38%
Orange County Classroom Teachers Association 14,322 54.00%
Osceola County Classroom Teachers Association 3984 54.94%
Palm Beach County Classroom Teachers Association 12,655 56.40%
Pinellas County Teachers Association 7,250 53.56%
Polk Education Association 6,978 50.34%
Putnam Federation of Teachers/United 601 61.06%
Santa Rosa Professional Educators 2104 36.07%
Sarasota Classified/Teachers Association, Incorporated 2857 85.68%
Seminole Education Association 4569 50.19% BILL: CS/SB 256 Page 9
Union Name Number of
Employees in the
Bargaining Unit
Percentage
Dues
Paying
St. Johns Education Association 3198 53.75%
Sumter County Education Association 403 62.28%
Taylor Education Association 193 53.37%
Teachers Association of Lee County (TALC) 5265 66.57%
Union County Teachers Organization 173 68.21%
United School Employees of Pasco 5079 51.07%
United Teachers of Dade, Local 1974, FEA, AFT, NEA, AFL-CIO 27604 50.84%
United Teachers of Monroe, Local 3709, FEA, AFT, AFL-CIO 611 78.89%
United Teachers of Suwannee 385 57.66%
Volusia United Educators, Inc. Local 1605, FEA, AFT, NEA, AFL-CIO 4323 66.13%
Wakulla Classroom Teachers Association 337 51.34%
Walton County Education Association 767 52.67%
Washington County Education Association 274 50.73%
United Faculty of Florida - FAMU DRS 51 88.24%
United Faculty of Florida - FSU DRS 99 80.81%
Code of Ethics for Public Officers and Employees
Section 112.313, F.S., sets forth the standards of conduct for public officers, agency employees,
and local government attorneys.
Section 112.313(2), F.S., provides that:
No public officer, employee of an agency, local government attorney, or
candidate for nomination or election shall solicit or accept anything of value to
the recipient, including a gift, loan, reward, promise of future employment, favor,
or service, based upon any understanding that the vote, official action, or
judgment of the public officer, employee, local government attorney, or candidate
would be influenced thereby.
Section 112.313(4), F.S, provides that:
No public officer, employee of an agency, or local government attorney or his or
her spouse or minor child shall, at any time, accept any compensation, payment, or
thing of value when such public officer, employee, or local government attorney
knows, or, with the exercise of reasonable care, should know, that it was given to
influence a vote or other action in which the officer, employee, or local government
attorney was expected to participate in his or her official capacity.
The term “public officer” means any person elected or appointed to hold office in an agency.
42
42
Section 112.313(1), F.S. BILL: CS/SB 256 Page 10
If a filed complaint alleges that a public officer has violated subsections (2) or (4) of section
112.313, F.S., the Commission on Ethics (Commission) has jurisdiction to investigate the
complaint.
43
If the Commission finds that a violation has occurred, the Commission may
recommend appropriate action to the agency or official having power to impose any penalty
provided in s. 112.317.
44
Penalties for public officers include impeachment, removal from office,
suspension from office, public censure and reprimand, forfeiture of a portion of salary for a time
period, a civil penalty not to exceed $10,000, and restitution of any pecuniary benefits received
because of the violation committed.
45
Section 838.015, F.S., provides that any person who commits bribery commits a felony of the
second degree. “Bribery” means to knowingly and intentionally give, offer, or promise to any
public servant, or, if a public servant, to knowingly and intentionally request, solicit, accept, or
agree to accept for himself or herself or another, any pecuniary or other benefit not authorized by
law with an intent or purpose to influence the performance of any act or omission which the
person believes to be, or the public servant represents as being, within the official discretion of a
public servant, in violation of a public duty, or in performance of a public duty.
46
III. Effect of Proposed Changes:
Section 1 amends s. 447.301, F.S., to require employees eligible for union representation to sign
a membership authorization form in order to be a member of an employee organization
beginning July 1, 2023. The form must be prescribed by the PERC and contain certain
information and statements. A member of an employee organization must be allowed to revoke
membership at any time upon the employee’s organization’s receipt of the written revocation.
The PERC is granted rulemaking authority to implement the requirements of the membership
authorization form and the revocation of membership.
The requirement for a signed membership form, and the provisions relating to the revocation of
membership do not apply to members of an employee organization certified as a bargaining
agent to represent law enforcement officers, correctional officers, correctional probation officers,
and firefighters.
This section is effective upon becoming a law.
Section 2 amends s. 447.303, F.S., to prohibit an employee organization from having a public
employer deduct dues and assessments from a public employee’s salary. However, an employee
organization certified as a bargaining agent to represent law enforcement officers, correctional
officers, correctional probation officers, and firefighters continues to have the right to have its
dues and assessments deducted and collected by the public employer from the salaries of those
employees who authorize the deduction and collection of the dues and assessments. This section
is effective July 1, 2023.
43
Section 112.322, F.S.
44
Section 112.322((2)(a), F.S.
45
Section 112.317(1)(a), F.S.
46
Section 838.015(1), F.S. BILL: CS/SB 256 Page 11
Section 3 amends s. 447.305, F.S., to expand the information that must be submitted to PERC by
an employee organization at the time of registration and renewal of registration. The current
annual financial statement of the employee organization must be “audited” by an independent
certified public accountant.
Section 3 also requires an employee organization, at the time of its renewal of registration, to
submit information regarding its membership and whether employees eligible for representation
pay dues to the employee organization. If this information shows that less than 60 percent of the
employees eligible for representation paid dues to the employee organization certified as the
bargaining agent during its last registration period, the employee organization must petition
PERC for recertification as the bargaining agent. This means the employee organization and the
employer will share the cost of conducting an election. If the majority of the employees voting in
this election choose to be represented by the employee organization, the employee organization
retains its certification as the exclusive bargaining agent.
Section 3 allows the public employer or a bargaining unit employee to challenge an employee
organization’s renewal of registration based on a belief that the application is inaccurate. If
PERC finds the application is inaccurate or does not comply with the requirements of s. 447.305,
F.S., the employee organization’s registration and certification must be revoked.
Section 3 grants PERC authority to initiate an investigation to confirm the validity of the
information submitted in the registration or renewal of registration. The PERC may revoke or
deny an employee organizations registration or certification if PERC finds that the employee
organization failed to cooperate with the investigation intentionally misrepresented the
information submitted on the registration or renewal.
Section 3 requires each certified bargaining agent to provide its members an annual audited
financial report and must notify its members of all costs of membership.
The following provisions of this section do not apply to employee organizations that have been
certified as the bargaining agent to represent law enforcement officers, correctional officers,
correctional probation officers, or firefighters:
Requirement to submit information regarding membership and dues payments;
Requirement that an employee organization must petition for recertification as the bargaining
agent if fewer than 60 percent of its eligible members pay dues;
Right of public employer or bargaining unit employee to challenge the accuracy of the
renewal application; and
Authority of PERC to revoke or deny a registration or certification based on the employee
organization’s failure to cooperate in an investigation.
Section 4 amends s. 447.509, F.S., to expand the list of unlawful acts committed by an employee
organization, its members, and agents to include:
Offering anything of value to a public officer which the public officer is prohibited from
accepting.
Offering any compensation, payment, or thing of value to a public officer which the public
officer is prohibited from accepting.
BILL: CS/SB 256 Page 12
A public officer is defined to include “any person elected or appointed to hold office in any
agency.”
This section is effective upon becoming a law.
Section 5 amends s. 1012.2315, F.S, to repeal the current additional requirement on renewal of
registration that applies only to employee organizations representing units of instructional
personnel employees. This provision will no longer be necessary with the enactment of the
process in s. 447.305 (section 3 of this bill) which applies to all employee organizations that do
not represent law enforcement officers, correctional officers, correctional probation officers, or
firefighters. This section takes effect October 1, 2023, to coincide with the effective date of the
section 3.
Section 6 reenacts s. 110.114, F.S., to incorporate by reference the modifications made to s.
447.303, F.S.
Section 7 reenacts s. 447.507(6)(a), F.S., to incorporate by reference the modifications made to
s. 447.303, F.S.
Section 8 provides that the act shall take effect upon becoming a law, except as otherwise
expressly provided in this act.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, s. 18(a) of the State Constitution provides, in pertinent part, that “no county
or municipality shall be bound by any general law requiring such county or municipality
to spend funds or take an action requiring the expenditure of funds unless the legislature
has determined that such law fulfills an important state interest and unless:”
The law requiring such expenditure is approved by two-thirds of the membership in
each house of the legislature; or
The expenditure is required to comply with a law that applies to all persons similarly
situated, including state and local governments.
The State Constitution exempts a law from these requirements if the law has an
insignificant fiscal impact on cities and counties.
Cities and counties will be required to incur additional workload to comply with the
changes in the payroll deduction process. However, the workload should be absorbed
within current resources and any additional expenditures should be insignificant. Cities
and counties may also incur some costs associated with recertification elections.
However, it is unclear how many elections will be required (and requested by the
employee organizations), but any additional expenditures associated with these elections
is expected to be minimal.
BILL: CS/SB 256 Page 13
Based on these expected insignificant costs, it appears the bill is exempt from the
mandates requirements.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Employee organizations may experience additional workload and costs associated with
the reporting requirements and maintaining the 60 percent dues-paying threshold. On the
other hand, to the extent active membership increases for an employee organization the
amount of revenue generated should increase proportionately.
An employee organization that does not have 60 percent dues-paying membership will
incur additional costs to the extent the employee organization chooses to be recertified as
the bargaining agent for the employee unit.
Employee organizations will incur additional expenses associated with the new
requirement that an independent certified public accountant audit certain data submitted
to the PERC.
C. Government Sector Impact:
The DFS, as the common paymaster for employees of the State of Florida, and the
counties, cities, school districts, and special districts with unionized employees will
experience an initial short-term increase in workload associated with eliminating any
payroll deductions that will no longer be authorized by law. In the long run, the DFS and
the other public employers will have reduced workload as the number of payroll
deductions permitted will be reduced. State agencies will experience similar workload
impacts as the personnel units of each state agency adjusts its records for its employees. BILL: CS/SB 256 Page 14
The fiscal impact on the PERC is indeterminate.
The fiscal impact on public sector employers is indeterminate. To the extent employee
organizations must conduct an election to be certified as the bargaining agent for public
employees, the public employer (the State of Florida, counties, cities, school boards, and
special districts) will incur some costs in holding the election for its employees to decide
whether an employee organization will represent the employees in collective bargaining.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 447.301, 447.303, 447.305, 447.509, and 1012.2315 of
the Florida Statutes.
This bill reenacts portions of sections 110.114 and 447.507 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Governmental Oversight and Accountability on March 7, 2023:
The committee substitute does not contain a new requirement placed on employee
organizations to pledge that the salary of its officers will not exceed the highest salary of
a member of the bargaining unit. The committee substitute does not modify the
prohibition on the distribution of literature beyond the current statutory restriction of
“during working hours in areas where the actual work . . . is performed.”
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.