This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1471b.SAC
DATE: 2/19/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1471 Public Employees
SPONSOR(S): Black and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1746
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Constitutional Rights, Rule of Law &
Government Operations Subcommittee
8 Y, 4 N Villa Miller
2) State Affairs Committee Villa Williamson
SUMMARY ANALYSIS
Collective bargaining is a constitutional right of public employees in Florida. A public employee desiring to join
an employee organization must sign and date a membership authorization form with the bargaining agent and
may revoke membership upon written request.
An employee organization authorized to represent public employees in collective bargaining is known as a
certified bargaining agent. To become a certified bargaining agent, the employee organization must register
with and be certified by the Public Employees Relations Commission (PERC). The initial and renewal
applications must include an audited financial statement certified by an independent certified public accountant
(CPA) and other specified information. Bargaining agents also must provide their members with an annual
audited financial statement. Employee organizations are prohibited from having membership dues and
assessments deducted and collected by public employers, with certain exceptions, and if the dues paying
membership of a bargaining agent drops below 60 percent of the employees eligible for representation during
the last registration period, the employee organization must petition PERC for recertification. Employee
organizations refusing to cooperate in a PERC investigation or misrepresenting certain information may have
their registration or certification revoked.
The bill removes the requirement that an employee organization submit an audited financial statement and
instead requires financial statements be prepared by an independent CPA. The financial statement submitted
with a registration renewal application must include the employee organization’s disbursements reported by
category for the preceding fiscal year. The bill requires a bargaining agent certified to represent a bargaining
unit for which less than 60 percent of the employees in the unit both submitted membership authorization
forms, without a subsequent revocation, and paid dues to the employee organization during its last registration
period to petition PERC for recertification.
The bill specifies that an employee organization intentionally misrepresenting registration information or
refusing to permit PERC to inspect membership authorization forms or revocation requests constitutes a failure
to cooperate with a PERC investigation that may result in the revocation of a registration or certification.
The bill specifies that the exemptions from certain requirements apply to a bargaining unit with a majority of
employees eligible for representation employed as law enforcement officers, correctional officers, correctional
probation officers, firefighters, 911 public safety telecommunicators, emergency medical technicians, or
paramedics. For mass transit employees the dues deduction exemption may only be applied to those
employees who submit a membership authorization form to their employer as part of the authorization for dues
deduction.
The bill does not appear to have a fiscal impact on local governments, but may have an indeterminate, but
likely insignificant, negative fiscal impact on the state. STORAGE NAME: h1471b.SAC PAGE: 2
DATE: 2/19/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
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
Accordingly,
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 public employees have the right to
form, join, participate in, and be represented by an employee organization
3
of their own choosing, or to
refrain from forming, joining, participating in, or being represented by an employee organization.
4
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.
5
Through collective bargaining, public employees
6
negotiate with their public
employer
7
to determine the terms and conditions of their employment.
8
Each employee is subject to the
negotiated collective bargaining agreement regardless of union membership.
9
The Public Employees Relations Commission (PERC) is responsible for assisting in resolving disputes
between public employees and public employers.
10
1
Art. I, s. 6, FLA. CONST.
2
Id.
3
“Employee 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. S. 447.203(11), F.S.
4
S. 447.301(1) and (2), F.S.
5
S. 447.201, F.S.
6
S. 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.
7
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. S. 447.203(2),
F.S.
8
S. 447.301(2), F.S.
9
See s. 447.309(1), F.S.
10
S. 447.201(3), F.S. STORAGE NAME: h1471b.SAC PAGE: 3
DATE: 2/19/2024
Registration of an Employee Organization
An employee organization seeking to become a certified bargaining agent
11
for a unit
12
of public
employees must register with and be certified by PERC. To register, the employee organization must
submit an application, under oath, to PERC that includes the following information:
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 audited 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 PERC, 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.
A copy of the current constitution and bylaws of the state and national groups with which the
employee organization is affiliated or associated.
13
A registration granted to an employee organization is valid for one year and must be renewed annually
by filing an application under oath with PERC. The renewal application must reflect any changes in the
information provided to PERC 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 audited financial statement, certified by an independent certified public
accountant (CPA), containing the following information:
Assets and liabilities at the beginning and end of the fiscal year.
Receipts of any kind and the sources thereof.
Salary, allowances, and other direct or indirect disbursements, including reimbursed expenses,
to each officer and employee who, during the fiscal year, received 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, or member which aggregated more
than $250 during the fiscal year.
Direct and indirect loans to any business enterprise.
14
In addition, on or after October 1, 2023, certain employee organizations
15
certified as bargaining agents
for public employees must submit the following information and documentation, as of the 30th day
immediately preceding the date of renewal, in their registration renewal applications:
The number of employees in the bargaining unit who are eligible for representation by the
employee organization.
The number of employees in the bargaining unit who have submitted signed membership
authorization forms without a subsequent revocation of such membership.
The number of employees in the bargaining unit who paid dues to the employee organization.
The number of employees in the bargaining unit who did not pay dues to the employee
organization.
11
“Bargaining agent” means the employee organization which has been certified by PERC as representing the employees in the
bargaining unit, as provided in s. 447.307, F.S., or its representative. S. 447.203(12), F.S.
12
“Bargaining unit” means either that unit determined by PERC, that unit determined through local regulations promulgated pursuant to
s. 447.603, F.S., or that unit determined by the public employer and the public employee organization and approved by PERC 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 of the state, a county, a municipality, or other political entity. S.
447.203(8), F.S.
13
S. 447.305(1), F.S.
14
S. 447.305(2), F.S.
15
Employee organizations that have been certified as the bargaining agent to represent law enforcement officers, correctional officers,
correctional probation officers, or firefighters are exempt from providing this information. S. 447.305(9), F.S. STORAGE NAME: h1471b.SAC PAGE: 4
DATE: 2/19/2024
Documentation provided by an independent CPA retained by the employee organization that
verifies the information provided.
16
Certification of an Employee Organization
After registering with PERC, an employee organization may begin the certification process. In order to
be certified, an employee organization selected by a majority of public employees in a unit as their
representative must request recognition by the public employer. If satisfied as to the majority status of
the employee organization and the appropriateness of the proposed unit, the employer will recognize
the employee organization as the collective bargaining representative for that unit. Following
recognition by the employer, the employee organization must immediately petition PERC for
certification. If the unit proposed by the employee organization is deemed appropriate, PERC will
immediately certify the employee organization as the exclusive representative of all employees in the
unit. If the unit is inappropriate, PERC may dismiss the petition.
17
If the employer refuses to recognize the employee organization, the employee organization may file a
petition with PERC for certification as the bargaining agent. The petition must be accompanied by dated
statements signed by at least 30 percent of the employees in the proposed unit.
18
Upon finding the
petition to be sufficient, PERC must order an election by secret ballot to determine whether the
employee organization will be certified.
19
The petitioning employee organization is placed on the ballot
along with any other registered employee organization that submits dated statements signed by at least
10 percent of the employees in the proposed unit.
20
When an employee organization is selected by a
majority of the employees voting in an election, PERC must certify that employee organization as the
exclusive collective bargaining representative of all employees in the unit.
21
PERC may pass on the
cost of the election to the public employer and employee organization.
22
Certified Bargaining Agent
The certified bargaining agent and the chief executive of the public employer must bargain collectively
and in good faith to determine the wages, hours, and terms and conditions of employment of the
employees in the unit.
23
Any collective bargaining agreement reached between the parties must be put
in writing and signed by the chief executive officer and the bargaining agent. Such agreement is not
binding on the employer until the agreement has been ratified by the employer and the employees in
the unit.
24
A collective bargaining agreement may not provide for a term of existence of more than three
years and must contain all of the terms and conditions of employment.
25
The bargaining agent also has
the authority to process grievances to settle disputes between the employer and the employees in the
unit.
26
In addition, bargaining agents are required to provide their members with an annual audited
financial report that includes a detailed breakdown of revenues and expenditures and an accounting of
membership dues and assessments.
27
Revocation of Certification
An employee or group of employees who no longer desires to be represented by the certified
bargaining agent may file a petition to revoke certification with PERC. 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. PERC may
dismiss a petition it finds to be insufficient. If PERC finds the petition to be sufficient, it must
16
S. 447.305(3), F.S.
17
S. 447.307(1)(a), F.S.
18
S. 447.307(2), F.S.
19
S. 447.307(3)(a), F.S.
20
S. 447.307(2), F.S.
21
S. 447.307(3)(b), F.S.
22
See s. 447.307(3)(a), F.S.; see also R. 60CC-2.006, F.A.C.
23
S. 447.309(1), F.S.
24
Id.
25
S. 447.309(5), F.S.
26
See s. 447.401, F.S.
27
S. 447.305(11), F.S. STORAGE NAME: h1471b.SAC PAGE: 5
DATE: 2/19/2024
immediately order an election by secret ballot.
28
If a majority of employees voting in the election vote
against the certified bargaining agent, the employee organization’s certification is revoked; otherwise,
the employee organization’s certification is retained.
29
An employee organization that applies for a registration renewal must petition for recertification as a
bargaining agent if less than 60 percent of its unit members paid dues during its last registration period.
If the employee organization fails to petition PERC for recertification within one month of its registration
renewal application, the certification is revoked.
30
PERC may initiate an investigation to confirm the validity of the information submitted in an initial or
renewal registration application. PERC may revoke or deny an employee organization’s registration or
certification if it finds that the employee organization failed to cooperate with the investigation or
intentionally misrepresented the information submitted on the application.
31
Membership in an Employee Organization
A public employee who desires to be a member of an employee organization must sign and date a
membership authorization form with the bargaining agent. The form must be prescribed by PERC and
contain certain information and statements. A member of an employee organization may revoke
membership at any time upon the organization receiving the employee’s written revocation. Employee
organizations are required to retain submitted membership authorization forms and revocation requests
for inspection by PERC.
32
However, the requirement for a signed membership form and the provisions
relating to the revocation of a membership do not apply to members of an employee organization
certified as a bargaining agent to represent law enforcement officers,
33
correctional officers,
34
correctional probation officers,
35
or firefighters.
36,37
Membership Dues and Assessments
Generally, an employee organization may not have its dues and uniform assessments deducted from
the salaries of employees in the unit and collected by the public employer. However, an employee
organization certified as a bargaining agent to represent law enforcement officers, correctional officers,
correctional probation officers, or firefighters may have its dues and uniform assessments deducted
and collected by the public employer from the salaries of those employees who authorize the
deductions. Such authorization is revocable by the employee upon 30 days’ written notice to the
employer and employee organization. The deductions commence upon the bargaining agent’s written
28
S. 447.308(1), F.S. However, no petition may be filed within 12 months after PERC verifies an election, or where a collective
bargaining agreement is in effect, only during the period extending from 150 days to 90 days immediately preceding the expiration date.
S. 447.307(3)(d), F.S.
29
S. 447.308(2) and (3), F.S.
30
S. 447.305(6), F.S. This provision does not apply to an employee organization certified as a bargaining agent to represent law
enforcement officers, correctional officers, correctional probation officers, or firefighters.
31
S. 447.305(8), F.S. This provision does not apply to an employee organization certified as a bargaining agent to represent law
enforcement officers, correctional officers, correctional probation officers, or firefighters.
32
S. 447.301(1), F.S.
33
“Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any
political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the
prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. The term includes all
certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and
management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement
officers but does not include support personnel employed by the employing agency. The term also includes a special officer employed
by a Class I, Class II, or Class III railroad pursuant to s. 354.01, F.S. S. 943.10(1), F.S.
34
“Correctional officer” means any person who is appointed or employed full time by the state or any political subdivision thereof, or by
any private entity which has contracted with the state or county, and whose primary responsibility is the supervision, protection, care,
custody, and control, or investigation, of inmates within a correctional institution; however, the term “correctional officer” does not
include any secretarial, clerical, or professionally trained personnel. S. 943.10(2), F.S.
35
“Correctional probation officer” means a person who is employed full time by the state whose primary responsibility is the supervised
custody, surveillance, and control of assigned inmates, probationers, parolees, or community controlees within institutions of the
Department of Corrections or within the community. The term includes supervisory personnel whose duties include, in whole or in part,
the supervision, training, and guidance of correctional probation officers, but excludes management and administrative personnel
above, but not including, the probation and parole regional administrator level. S. 943.10(3), F.S.
36
“Firefighter” means an individual who holds a current and valid Firefighter Certificate of Compliance or Special Certificate of
Compliance issued by the division under s. 633.408, F.S. S. 633.102, F.S.
37
S. 447.301(1)(b)6., F.S. STORAGE NAME: h1471b.SAC PAGE: 6
DATE: 2/19/2024
request to the employer. The right to deductions remains in force for as long as the employee
organization remains the certified bargaining agent for that group of employees.
38
Federal Transit Funds
As a precondition to a grant of federal assistance by the United States Department of Transportation’s
Federal Transit Administration (FTA), the Federal Transit Act
39
requires fair and equitable protective
arrangements be made to protect the labor rights of transit employees affected by such assistance.
Specifically, the statute requires the following matters be included in such protective arrangements:
The preservation of rights, privileges, and benefits under existing collective bargaining
agreements.
The continuation of collective bargaining rights.
The protection of employees against a worsening of their positions with respect to their
employment.
Assurances of employment to employees of acquired mass transportation systems and priority
of reemployment for employees terminated or laid off.
Paid training or retraining programs.
40
The U.S. Department of Labor must certify that protective arrangements are in place and meet the
above requirements before the FTA may release grant funds. Accordingly, states and local
governments that violate the provisions of this law risk losing access to federal funding for public
transportation projects. In the 2022-2023 Fiscal Year, Florida received approximately $529.4 million to
improve public transportation options throughout the state.
41
PERC may waive certain requirements upon petition by a public employer that the employer’s
protective arrangement covering mass transit employees does not meet federal requirements and
would jeopardize the public employer’s continued eligibility to receive federal funding. Specifically,
PERC may waive the following statutory requirements to the extent necessary for the public employer
to continue to be able to receive federal funds:
The prohibition on dues and assessment deductions;
The requirement to petition PERC for recertification if the bargaining unit has fewer than 60
percent of its unit members paying dues during the prior registration period; or
The revocation of certification in certain circumstances.
42
Effect of the Bill
The bill specifies that membership authorization forms must be submitted by employees to the
applicable bargaining agent.
The bill amends the exemptions relating to the prohibition of dues deduction and collection,
requirements for membership authorization forms and revocation requests, the requirement to petition
PERC for recertification, and the revocation of certification in certain circumstances. Specifically, the bill
provides that those provisions do not apply to a bargaining unit that has a majority of employees eligible
for representation employed as law enforcement officers, correctional officers, correctional probation
38
S. 447.303, F.S.
39
49 U.S.C. ch. 53.
40
49 U.S.C. § 5333(b).
41
This figure is as of March 2023. See The White House, Investing in America, available at https://www.whitehouse.gov/wp-
content/uploads/2023/03/Florida-Fact-Sheet-March-Edition.pdf (last visited January 26, 2024).
42
S. 447.207(12), F.S. STORAGE NAME: h1471b.SAC PAGE: 7
DATE: 2/19/2024
officers, firefighters, 911 public safety telecommunicators,
43
emergency medical technicians,
44
or
paramedics.
45
The bill revises the information that must be included in an employee organization’s initial and renewal
registration applications to no longer require an audited financial statement. Instead, an application
must include the current annual financial statement of the employee organization, prepared by an
independent CPA. In addition, an initial application must include the amount of the initiation fee and the
amount and collection frequency of the dues and uniform assessments that a member must pay. A
renewal application’s financial statement must include the employee organization’s disbursements by
category for the preceding fiscal year.
The bill requires an employee organization certified as a bargaining agent representing a bargaining
unit for which less than 60 percent of the employees in the unit have both submitted membership
authorization forms, without a subsequent revocation, and paid dues to the employee organization
during its last registration period, to petition PERC for recertification as the exclusive representative of
all employees in the bargaining unit within 30 days after the date on which the employee organization
applies for renewal of registration.
The bill specifies that an employee organization intentionally misrepresenting registration information or
refusing to permit PERC to inspect membership authorization forms or revocation requests constitutes
a failure to cooperate with a PERC investigation that, consequently, may result in the revocation or
denial of an employee organization’s registration or certification.
The bill amends the current requirement for bargaining agents to provide their members with an annual
audited financial report that includes a detailed breakdown of revenue and expenditures. Instead, the
bill requires bargaining agents to provide their members with an annual financial report prepared by an
independent CPA that includes a detailed breakdown of revenues and expenditures in such categories
as PERC may prescribe.
The bill specifies that PERC’s authority to waive the prohibition on dues and assessment deductions
regarding bargaining units containing mass transit employees only applies to those mass transit
employees that have provided a copy of their membership authorization form to their employer as part
of the authorization for dues and assessment deductions under a waiver.
The bill makes other clarifying and conforming changes.
B. SECTION DIRECTORY:
Section 1 amends s. 447.207, F.S., relating to PERC; powers and duties.
Section 2 amends s. 447.301, F.S., relating to public employees’ rights; organization and
representation.
Section 3 amends s. 447.303, F.S., relating to dues; deduction and collection.
Section 4 amends s. 447.305, F.S., relating to registration of employee organizations.
Section 5 provides an effective date of July 1, 2024.
43
The bill defines “911 public safety telecommunicator” to mean a public safety dispatcher or 911 operator whose duties and
responsibilities include the answering, receiving, transferring, and dispatching functions related to 911 calls; dispatching law
enforcement officers, fire rescue services, emergency medical services, and other public safety services to the scene of an emergency;
providing real-time information from federal, state, and local crime databases; or supervising or serving as the command officer to a
person or persons having such duties and responsibilities. However, the term does not include administrative support personnel,
including, but not limited to, those whose primary duties and responsibilities are in accounting, purchasing, legal, and personnel.
44
The bill defines “emergency medical technician” to mean a person who is certified by the Department of Health to perform basic life
support pursuant to part III, ch. 401, F.S.
45
The bill defines “paramedic” to mean a person who is certified by the Department of Health to perform basic and advanced life
support pursuant to part III, ch. 401, F.S. STORAGE NAME: h1471b.SAC PAGE: 8
DATE: 2/19/2024
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill requires certain employee organizations in which less than 60 percent of the eligible
employees in the unit have submitted membership authorization forms to recertify with PERC in
order to remain the bargaining agent. This fiscal impact associated with this change is
indeterminate, but likely insignificant.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will likely have an indeterminate, positive fiscal impact on employee organizations as a result of
the bill only requiring financial statements be prepared by an independent CPA as opposed to a
financial audit. However, the bill will have an indeterminate, negative fiscal impact on employee
organizations whose membership fails to submit membership authorization forms due to costs relating
to recertifying as the bargaining agent.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill authorizes PERC to specify categories of disbursements to be reported in registration renewal
applications and categories of revenues and expenditures to be reported to bargaining agent members.
PERC has sufficient rulemaking authority under ch. 447, F.S., to implement these provisions.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None. STORAGE NAME: h1471b.SAC PAGE: 9
DATE: 2/19/2024
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.