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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Public Employees Relations 2
Commission; amending s. 110.227, F.S.; conforming 3
final order requirements to ch. 120, F.S.; removing a 4
provision requiring exceptions to a recommended order 5
to be filed within a specified timeframe; amendi ng s. 6
112.0455, F.S.; conforming final order requirements to 7
ch. 120, F.S.; revising the timeframe in which an 8
appeal hearing must be conducted; amending s. 120.80, 9
F.S.; providing applicability; amending s. 295.14, 10
F.S.; conforming final order requirement s to ch. 120, 11
F.S.; removing provisions that an action by the 12
commission must be in writing and served in a 13
specified manner; amending s. 447.203, F.S.; revising 14
and providing definitions; amending s. 447.205, F.S.; 15
specifying the annual salaries of the ch air and other 16
commissioners of the Public Employees Relations 17
Commission; amending s. 447.207, F.S.; authorizing 18
subpoenas, notices, and other documents to be served 19
by any method of service that establishes proof of 20
delivery, rather than by certified mail ; authorizing 21
the commission, under certain circumstances, to waive 22
the application of any provision of part II of ch. 23
447, F.S., rather than only specified provisions; 24
amending s. 447.301, F.S.; revising a specified 25
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statement in a membership authorization form; 26
requiring an employee organization, within a specified 27
timeframe, to revoke the membership of and cease the 28
collection of membership dues from a public employee; 29
amending s. 447.303, F.S.; conforming provisions to 30
changes made by the act; amending s . 447.305, F.S.; 31
revising the application for employee organization 32
registration; revising certain information required 33
for an application for renewal of registration; 34
requiring an employee organization to provide an 35
application for renewal of registration to certain 36
persons within a specified timeframe; requiring a 37
bargaining agent to provide missing information to the 38
commission within a specified timeframe; requiring the 39
commission to dismiss an application for renewal of 40
registration under certain circu mstances; requiring a 41
bargaining agent to petition for recertification 42
within a specified timeframe after submission of 43
certain information; authorizing a public employer or 44
public employee of a bargaining unit to challenge an 45
application for renewal of re gistration as materially 46
inaccurate during specified timeframes; requiring the 47
commission or one of its designated agents to conduct 48
an investigation if a challenge is filed; exempting 49
certain employee organizations from a specified 50
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requirement; requiring a registration fee for 51
applications for registration and renewal of 52
registration; requiring certain employee organization 53
accounts to be open for inspection at a reasonable 54
time and place; providing for the revocation of an 55
employee organization's certific ation under certain 56
circumstances; providing that certain decisions issued 57
by the commission are final agency actions; amending 58
s. 447.307, F.S.; revising requirements for the 59
certification, recertification, and decertification of 60
an employee organization; repealing s. 447.308, F.S., 61
relating to revocation of certification of an employee 62
organization; amending s. 447.309, F.S.; removing 63
provisions relating to conflicts between any 64
collective bargaining agreement provision and any law, 65
ordinance, rule, or re gulation; requiring collective 66
bargaining agreements to contain specified terms and 67
conditions; amending s. 447.401, F.S.; conforming 68
provisions to changes made by the act; amending s. 69
447.403, F.S.; authorizing the recommended decision of 70
a special magistrate from an impasse hearing to be 71
transmitted by any method of service that establishes 72
proof of delivery, rather than a specified method; 73
amending ss. 447.405 and 447.501, F.S.; conforming 74
provisions to changes made by the act; amending s. 75
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447.503, F.S.; authorizing certain public employers, 76
public employees, and employee organizations, or 77
combinations thereof, to file certain charges with the 78
commission; amending s. 447.507, F.S.; increasing 79
fines for certain violations; amending s. 447.509, 80
F.S.; prohibiting public employers, their agents or 81
representatives, and any persons acting on their 82
behalf from taking certain actions; authorizing 83
certain actions by public employees under certain 84
circumstances; providing exceptions; amending s. 85
447.609, F.S.; confo rming provisions to changes made 86
by the act; amending ss. 110.114, 110.205, 112.3187, 87
121.031, 447.02, and 1011.60, F.S.; conforming cross -88
references; providing an effective date. 89
90
Be It Enacted by the Legislature of the State of Florida: 91
92
Section 1. Paragraph (d) of subsection (6) of section 93
110.227, Florida Statutes, is amended to read: 94
110.227 Suspensions, dismissals, reductions in pay, 95
demotions, layoffs, transfers, and grievances. — 96
(6) The following procedures shall apply to appeals filed 97
pursuant to subsection (5) with the Public Employees Relations 98
Commission, hereinafter referred to as the commission: 99
(d) A recommended order must shall be issued by the 100
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hearing officer within 30 days after following the hearing. 101
Exceptions to the recomme nded order shall be filed within 15 102
days after the recommended order is issued. The final order must 103
be issued shall be filed by the commission in accordance with 104
ss. 120.569 and 120.57 no later than 45 calendar days after the 105
hearing or after the filing o f exceptions or oral arguments if 106
granted. 107
Section 2. Paragraph (a) of subsection (14) of section 108
112.0455, Florida Statutes, is amended to read: 109
112.0455 Drug-Free Workplace Act.— 110
(14) DISCIPLINE REMEDIES. — 111
(a) An executive branch employee who i s disciplined or who 112
is a job applicant for another position and is not hired 113
pursuant to this section, may file an appeal with the Public 114
Employees Relations Commission. Any appeal must be filed within 115
30 calendar days after of receipt by the employee or job 116
applicant of notice of discipline or refusal to hire. The notice 117
shall inform the employee or job applicant of the right to file 118
an appeal, or if available, the right to file a collective 119
bargaining grievance pursuant to s. 447.401. Such appeals shall 120
be resolved pursuant to the procedures established in ss. 121
447.207(1)-(4), 447.208(2), and 447.503(4) and (5). A hearing on 122
the appeal shall be conducted within 60 30 days after of the 123
filing of the appeal, unless an extension is requested by the 124
employee or job applicant and granted by the commission or an 125
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arbitrator. The final order must be issued by the commission in 126
accordance with ss. 120.569 and 120.57. 127
Section 3. Paragraph (c) is added to subsection (12) of 128
section 120.80, Florida Statutes, to rea d: 129
120.80 Exceptions and special requirements; agencies. — 130
(12) PUBLIC EMPLOYEES RELATIONS COMMISSION. — 131
(c) Section 120.60 does not apply to registration of 132
employee organizations under s. 447.305. 133
Section 4. Subsection (1) of section 295.14, Flor ida 134
Statutes, is amended to read: 135
295.14 Penalties.— 136
(1) When the Public Employees Relations Commission, after 137
a hearing on notice conducted according to rules adopted by the 138
commission, determines that a violation of s. 295.07, s. 295.08, 139
s. 295.085, or s. 295.09(1)(a) or (b) has occurred and sustains 140
the veteran seeking redress, the commission shall order the 141
offending agency, employee, or officer of the state to comply 142
with the provisions of s. 295.07, s. 295.08, s. 295.085, or s. 143
295.09(1)(a) or (b); and, in the event of a violation of s. 144
295.07, s. 295.08, s. 295.085, or s. 295.09(1)(a) or (b), the 145
commission may issue an order to compensate the veteran for the 146
loss of any wages and reasonable attorney's fees for actual 147
hours worked, and costs of all work, including litigation, 148
incurred as a result of su ch violation, which order shall be 149
conclusive on the agency, employee, or officer concerned. The 150
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attorney's fees and costs may not exceed $10,000. The final 151
order must be issued by the commission in accordance with ss. 152
120.569 and 120.57 The action of the commission shall be in 153
writing and shall be served on the parties concerned by 154
certified mail with return receipt requested . 155
Section 5. Section 447.203, Florida Statutes, is amended 156
to read: 157
447.203 Definitions. —As used in this part: 158
(1)(12) "Bargaining agent" means the employee organization 159
that which has been certified by the commission as representing 160
the employees in the bargaining unit, as provided in s. 447.307, 161
or its representative. 162
(2)(8) "Bargaining unit" means either that unit determine d 163
by the commission, that unit determined through local 164
regulations adopted promulgated pursuant to s. 447.603, or that 165
unit determined by the public employer and the public employee 166
organization and approved by the commission to be appropriate 167
for the purposes of collective bargaining. However, no 168
bargaining unit shall be defined as appropriate which includes 169
employees of two employers that are not departments or divisions 170
of the state, a county, a municipality, or other political 171
entity. 172
(3)(9) "Chief executive officer" for the state shall mean 173
the Governor and for other public employers shall mean the 174
person, whether elected or appointed, who is responsible to the 175
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legislative body of the public employer for the administration 176
of the governmental affairs of the public employer. 177
(4)(16) "Civil service" means any career, civil, or merit 178
system used by any public employer. 179
(5)(14) "Collective bargaining" means the performance of 180
the mutual obligations of the public employer and the bargaining 181
agent of the employee organization to meet at reasonable times, 182
to negotiate in good faith, and to execute a written contract 183
with respect to agreements reached concerning the terms and 184
conditions of employment, except that neither party shall be 185
compelled to agree to a proposal or be required to make a 186
concession unless otherwise provided in this part. 187
(6)(1) "Commission" means the Public E mployees Relations 188
Commission created by s. 447.205. 189
(7)(5) "Confidential employees" are persons who act in a 190
confidential capacity to assist or aid managerial employees as 191
defined in subsection (12) (4). 192
(8)(11) "Employee organization" or "organizatio n" means 193
any labor organization, union, association, fraternal order, 194
occupational or professional society, or group, however 195
organized or constituted, which represents, or seeks to 196
represent, any public employee or group of public employees 197
concerning any matters relating to their employment relationship 198
with a public employer. 199
(9) "Employee organization activities" means activities 200
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undertaken at the direction of, on behalf of, or to advance the 201
purposes of an employee organization or any parent organiza tion 202
or affiliate of the employee organization by: 203
(a) Supporting or opposing a candidate for federal, state, 204
or local public office. 205
(b) Influencing the passage or defeat of any federal or 206
state legislation or regulation, local ordinance or resolution , 207
or ballot measure. 208
(c) Promoting or soliciting membership or participation 209
in, or financial support of, an employee organization or any 210
parent organization or affiliate of the employee organization. 211
(d) Seeking certification as a bargaining agent. 212
(e) Participating in the administration, business, or 213
internal governance of an employee organization or any parent 214
organization or affiliate of the employee organization. 215
(f) Preparing, conducting, or attending employee 216
organization events, conferences, conventions, meetings, or 217
training, unless such training is directly related to the 218
performance of a public employee's job duties. 219
(g) Distributing communications of an employee 220
organization or any parent organization or affiliate of the 221
employee organization. 222
(h) Representing or speaking on behalf of an employee 223
organization or any parent organization or affiliate of the 224
employee organization in any setting, venue, or procedure in 225
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which the public employer is not a participant. 226
(i) Preparing, filing , or pursuing unfair labor practice 227
charges or grievances. 228
(j) Representing public employees in investigatory 229
interviews; disciplinary proceedings or appeals, including 230
termination; or other administrative or legal proceedings. 231
(k) Engaging in collecti ve bargaining and any related 232
mediation, factfinding, or arbitration. 233
(l) Administering a collective bargaining agreement. 234
(m) Participating in labor -management committees. 235
(10)(17) "Good faith bargaining" means, but is not shall 236
mean, but not be limited to, the willingness of both parties to 237
meet at reasonable times and places, as mutually agreed upon, in 238
order to discuss issues which are proper subjects of bargaining, 239
with the intent of reaching a common accord. The term includes 240
It shall include an obligation for both parties to participate 241
actively in the negotiations with an open mind and a sincere 242
desire, as well as making a sincere effort, to resolve 243
differences and come to an agreement. In determining whether a 244
party failed to bargain in good f aith, the commission shall 245
consider the total conduct of the parties during negotiations as 246
well as the specific incidents of alleged bad faith. Incidents 247
indicative of bad faith shall include, but not be limited to, 248
the following occurrences: 249
(a) Failure to meet at reasonable times and places with 250
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representatives of the other party for the purpose of 251
negotiations. 252
(b) Placing unreasonable restrictions on the other party 253
as a prerequisite to meeting. 254
(c) Failure to discuss proper subjects of bargaining 255
bargainable issues. 256
(d) Refusing, upon reasonable written request, to provide 257
public information, excluding work products as defined in s. 258
447.605. 259
(e) Refusing to negotiate because of an unwanted person on 260
the opposing negotiating team. 261
(f) Negotiating directly with employees rather than with 262
their certified bargaining agent. 263
(g) Refusing to reduce a total agreement to writing. 264
(11)(10) "Legislative body" means the State Legislature, 265
the board of county commissioners, the district scho ol board, 266
the governing body of a municipality, or the governing body of 267
an instrumentality or unit of government having authority to 268
appropriate funds and establish policy governing the terms and 269
conditions of employment and which, as the case may be, is the 270
appropriate legislative body for the bargaining unit. For 271
purposes of s. 447.403, the Board of Governors of the State 272
University System, or the board's designee, shall be deemed to 273
be the legislative body with respect to all employees of each 274
constituent state university. For purposes of s. 447.403 the 275
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board of trustees of a community college shall be deemed to be 276
the legislative body with respect to all employees of the 277
community college. 278
(12)(4) "Managerial employees" means are those employees 279
who: 280
(a) Perform jobs that are not of a routine, clerical, or 281
ministerial nature and require the exercise of independent 282
judgment in the performance of such jobs and to whom one or more 283
of the following applies: 284
1. They formulate or assist in formulating po licies which 285
are applicable to bargaining unit employees. 286
2. They may reasonably be required on behalf of the 287
employer to assist in the preparation for the conduct of 288
collective bargaining negotiations. 289
3. They have a role in the administration of agre ements 290
resulting from collective bargaining negotiations. 291
4. They have a significant role in personnel 292
administration. 293
5. They have a significant role in employee relations. 294
6. They are included in the definition of administrative 295
personnel contained in s. 1012.01(3). 296
7. They have a significant role in the preparation or 297
administration of budgets for any public agency or institution 298
or subdivision thereof. 299
(b) Serve as police chiefs, fire chiefs, or directors of 300
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public safety of any police, fire, or public safety department. 301
Other police officers, as defined in s. 943.10(1), and 302
firefighters, as defined in s. 633.102, may be determined by the 303
commission to be managerial employees of such departments. In 304
making such determinations, the commission sh all consider, in 305
addition to the criteria established in paragraph (a), the 306
paramilitary organizational structure of the department 307
involved. 308
309
However, in determining whether an individual is a managerial 310
employee pursuant to paragraph (a) or paragraph (b) , above, the 311
commission may consider historic relationships of the employee 312
to the public employer and to coemployees. 313
(13) "Membership dues" means employee organization dues; 314
uniform assessments; fees, including initiation fees; or 315
voluntary contributio ns made by a public employee to an employee 316
organization. 317
(14)(15) "Membership dues deduction" means the practice of 318
a public employer of deducting membership dues and uniform 319
assessments from the salary or wages of a public employee and. 320
Such term also means the practice of a public employer of 321
transmitting the sums so deducted to an such employee 322
organization on behalf of the public employee . 323
(15)(13) "Professional employee" means: 324
(a) Any employee engaged in work in any two or more of the 325
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following categories: 326
1. Work predominantly intellectual and varied in character 327
as opposed to routine mental, manual, mechanical, or physical 328
work.; 329
2. Work involving the consistent exercise of discretion 330
and judgment in its performance .; 331
3. Work of such a c haracter that the output produced or 332
the result accomplished cannot be standardized in relation to a 333
given period of time .; and 334
4. Work requiring advanced knowledge in a field of science 335
or learning customarily acquired by a prolonged course of 336
specialized intellectual instruction and study in an institution 337
of higher learning or a hospital, as distinguished from a 338
general academic education, an apprenticeship, or training in 339
the performance of routine mental or physical processes. 340
(b) Any employee who: 341
1. Has completed the course of specialized intellectual 342
instruction and study described in subparagraph (a)4. 4. of 343
paragraph (a); and 344
2. Is performing related work under supervision of a 345
professional person to qualify to become a professional employe e 346
as defined in paragraph (a). 347
(16)(3) "Public employee" means any person employed by a 348
public employer except: 349
(a) Those persons appointed by the Governor or elected by 350
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the people, agency heads, and members of boards and commissions. 351
(b) Those persons holding positions by appointment or 352
employment in the organized militia. 353
(c) Those individuals acting as negotiating 354
representatives for employer authorities. 355
(d) Those persons who are designated by the commission as 356
managerial or confidential employees pursuant to criteria 357
contained herein. 358
(e) Those persons holding positions of employment with the 359
Florida Legislature. 360
(f) Those persons who have been convicted of a crime and 361
are inmates confined to institutions within the state. 362
(g) Those persons appointed to inspection positions in 363
federal/state fruit and vegetable inspection service whose 364
conditions of appointment are affected by the following: 365
1. Federal license requirement. 366
2. Federal autonomy regarding investigation and 367
disciplining of appointees. 368
3. Frequent transfers due to harvesting conditions. 369
(h) Those persons employed by the Public Employees 370
Relations Commission. 371
(i) Those persons enrolled as undergraduate students in a 372
state university who perform part -time work for the state 373
university. 374
(17)(2) "Public employer" or "employer" means the state or 375
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any county, municipality, or special district or any subdivision 376
or agency thereof which the commission determines has sufficient 377
legal distinctiveness properly to carry out the functions of a 378
public employer. With respect to all public employees determined 379
by the commission as properly belonging to a statewide 380
bargaining unit composed of State Career Service System 381
employees or Selected Professional Service employees, the 382
Governor is deemed to be the public employer; and the Board of 383
Governors of the State University System, or the board's 384
designee, is deemed to be the public employer with respect to 385
all public employees of each constituent state university. The 386
board of trustees of a community college is deemed to be the 387
public employer with respect to all employees of the community 388
college. The district school board is deemed to be the public 389
employer with respect to all employees of the school district. 390
The Board of Trustees of the Florida School for the Deaf and the 391
Blind is deemed to be the public employer with respect to the 392
academic and academic administrative personnel of the Florida 393
School for the Deaf and the Blind. The Board of Trustees of the 394
Florida School for Compe titive Academics is deemed to be the 395
public employer with respect to the academic and academic 396
administrative personnel of the Florida School for Competitive 397
Academics. The Governor is deemed to be the public employer with 398
respect to all employees in the C orrectional Education Program 399
of the Department of Corrections established pursuant to s. 400
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944.801. 401
(18) "Public safety employee" means a public employee 402
employed as a law enforcement officer, correctional officer, or 403
correctional probation officer, as th ose terms are defined in s. 404
943.10(1), (2), or (3), respectively; a firefighter as defined 405
in s. 633.102(9); a 911 public safety telecommunicator as 406
defined in s. 401.465(1)(a); or an emergency medical technician 407
or paramedic, as those terms are defined in s. 401.23. 408
(19) "Representational employee organization activities" 409
means those activities specified in paragraphs (9)(i) -(m). 410
(20) "Signature card" means a written statement by a 411
public employee in a bargaining unit or proposed bargaining unit 412
which does all of the following: 413
(a) Is submitted to the commission in support of a 414
petition filed under s. 447.307. 415
(b) Was signed and dated by the public employee not more 416
than 12 months before the filing of the petition under s. 417
447.307. 418
(c) Indicates the public employee's desire to be 419
represented by the employee organization for purposes of 420
collective bargaining or the public employee's desire to no 421
longer be represented by the bargaining agent for purposes of 422
collective bargaining. 423
(21)(6) "Strike" means the concerted failure of employees 424
to report for duty; the concerted absence of employees from 425
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their positions; the concerted stoppage of work by employees; 426
the concerted submission of resignations by employees; the 427
concerted abstinence in whole or in part by any group of 428
employees from the full and faithful performance of the duties 429
of employment with a public employer for the purpose of 430
inducing, influencing, condoning, or coercing a change in the 431
terms and conditions of employment or the rights, pri vileges, or 432
obligations of public employment, or participating in a 433
deliberate and concerted course of conduct which adversely 434
affects the services of the public employer; the concerted 435
failure of employees to report for work after the expiration of 436
a collective bargaining agreement; and picketing in furtherance 437
of a work stoppage. The term includes "strike" shall also mean 438
any overt preparation, including, but not limited to, the 439
establishment of strike funds with regard to the above-listed 440
activities listed in this subsection . 441
(22)(7) "Strike funds" are any appropriations by an 442
employee organization which are established to directly or 443
indirectly aid any employee or employee organization to 444
participate in a strike in the state. 445
(23)(18) "Student representative" means the representative 446
selected by each community college or university student 447
government association. Each representative may be present at 448
all negotiating sessions that take place between the appropriate 449
public employer and a an exclusive bargaining agent. The 450
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representative must be enrolled as a student with at least 8 451
credit hours in the respective community college or university 452
during his or her term as student representative. 453
Section 6. Subsections (2) and (8) of section 447.205, 454
Florida Statutes, are amended to read: 455
447.205 Public Employees Relations Commission. — 456
(2) Notwithstanding any other provision of law, the chair 457
must be paid an annual salary equal to the annual salary paid 458
under state law to a circuit court judge. and The other 459
commissioners must shall be paid annual salaries equal to 50 460
percent of the annual salary paid to the chair to be fixed by 461
law. Such salaries must shall be paid in equal monthly 462
installments. All commissioners must shall be reimbursed for 463
expenses, as provided in s. 112.061. 464
(8) The commission shall have a seal for authentication of 465
its orders and proceedings, upon which shall be inscribed the 466
words "State of Florida-Public Employees Relations Commission -467
Seal," "State of Florida—Employees Relations Commission—and 468
which shall be judicially noticed. 469
Section 7. Subsections (4), (6), and (12) of section 470
447.207, Florida Statutes, are amended to read: 471
447.207 Commission; powers and duties. — 472
(4) Any subpoena, notice of hearing, or other process or 473
notice of the commission issued under the provisions of this 474
part must shall be served personally or by any method of service 475
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that establishes proof of delivery by certified mail. A return 476
made and verified by the individual making such service and 477
setting forth the manner of such service is proof of service, 478
and a returned post office receipt, when certified mail is used, 479
is proof of service. All process of any court to which 480
application may be made under the provisions of this part shall 481
be served in the county wherein the persons required to be 482
served reside or may be found . 483
(6) Pursuant to its established procedures, the commission 484
shall resolve questions and controversies concerning claims for 485
recognition as the bargaining agent for a bargaining unit, 486
determine or approve units appropriate for purposes of 487
collective bargaining, expeditiously process charges of unfair 488
labor practices and violations of s. 447.505 by public 489
employees, and resolve s uch other questions and controversies as 490
it may be authorized herein to undertake. The petitioner, 491
charging party, respondent, and any intervenors shall be the 492
adversary parties before the commission in any adjudicatory 493
proceeding conducted pursuant to thi s part. Any commission 494
statement of general applicability that implements, interprets, 495
or prescribes law or policy, made in the course of adjudicating 496
a case pursuant to s. 447.307 or s. 447.503 shall not constitute 497
a rule within the meaning of s. 120.52. 498
(12) Upon a petition by a public employer after it has 499
been notified by the Department of Labor that the public 500
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employer's protective arrangement covering mass transit 501
employees does not meet the requirements of 49 U.S.C. s. 5333(b) 502
and would jeopardize the public employer's continued eligibility 503
to receive Federal Transit Administration funding, the 504
commission may waive the application of this part , but only to 505
the extent necessary for the public employer to comply with the 506
requirements of 49 U.S.C. s. 5333(b), any of the following for 507
an employee organization that has been certified as a bargaining 508
agent to represent mass transit employees: 509
(a) The prohibition on dues and assessment deductions 510
provided in s. 447.303(1) as it applies to a mass transit 511
employee who has provided a copy of his or her membership 512
authorization form to the employer as part of the authorization 513
of dues deduction under a waiver. 514
(b) The requirement to petition the commission for 515
recertification. 516
(c) The revocation of certifi cation provided in s. 517
447.305(6) and (7). 518
Section 8. Paragraph (b) of subsection (1) and subsection 519
(2) of section 447.301, Florida Statutes, are amended to read: 520
447.301 Public employees' rights; organization and 521
representation.— 522
(1) 523
(b)1. A public employee who desires to be a member of an 524
employee organization must sign and date a membership 525
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authorization form, as prescribed by the commission, and submit 526
the executed form to the bargaining agent. 527
2. The membership authorization form must identi fy the 528
name of the bargaining agent; the name of the employee; the 529
class code and class title of the employee; the name of the 530
public employer and employing agency, if applicable; the amount 531
of the membership initiation fee and of the monthly dues which 532
the public employee member must pay; and the names and amounts 533
disclosed under s. 447.305(2)(d) for the name and total amount 534
of salary, allowances, and other direct or indirect 535
disbursements, including reimbursements, paid to each of the 536
five highest compensated officers and employees receiving the 537
five highest total dollar amounts of the employee organization 538
disclosed under s. 447.305(2)(d) . 539
3. The membership authorization form must contain the 540
following statement in 14 -point type: 541
542
As a public employee in the State of Florida , is a right-to-work 543
state. membership or nonmembership non-membership in a labor 544
union is not required as a condition of employment ., and Union 545
membership and payment of membership union dues and assessments 546
are voluntary. A public employee's Each person has the right to 547
join and pay membership dues to a labor union or to refrain from 548
joining and paying membership dues to a labor union is protected 549
by both Florida's right -to-work law and the First Amendment of 550
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the United States Const itution. A public employer may not 551
discriminate against a public . No employee may be discriminated 552
against in any manner for joining and financially supporting , or 553
refusing to join and financially support, a labor union or for 554
refusing to join or financially support a labor union . 555
4. A public employee may revoke membership in the employee 556
organization at any time of the year. Within 30 days after Upon 557
receipt of the public employee's written revocation of 558
membership, the employee organization mus t revoke the a public 559
employee's membership and cease collection of membership dues 560
from such public employee . The employee organization may not 561
limit a public an employee's right to revoke membership to 562
certain dates. If a public employee must complete a form to 563
revoke membership in the employee organization, the form may not 564
require a reason for the public employee's decision to revoke 565
his or her membership. 566
5. An employee organization must retain for inspection by 567
the commission such membership authori zation forms and any 568
revocations. 569
6. This paragraph does not apply to public employees in 570
members of a bargaining unit in which the majority of the public 571
whose employees are public safety employees eligible for 572
representation are employed as law enforce ment officers, 573
correctional officers, or correctional probation officers as 574
those terms are defined in s. 943.10(1), (2), or (3), 575
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respectively; firefighters as defined in s. 633.102; 911 public 576
safety telecommunicators as defined in s. 401.465(1)(a); or 577
emergency medical technicians or paramedics as defined in s. 578
401.23. 579
7. The commission may adopt rules to implement this 580
paragraph. 581
(2) Public employees shall have the right to be 582
represented by any employee organization of their own choosing 583
and to negotiate collectively, through a certified bargaining 584
agent, with their public employer in the determination of the 585
terms and conditions of their employment. Public employees shall 586
have the right to be represented in the determination of 587
grievances on all ter ms and conditions of their employment. 588
Public employees shall have the right to refrain from exercising 589
the right to be represented. 590
Section 9. Subsections (1) and (2) of section 447.303, 591
Florida Statutes, are amended to read: 592
447.303 Membership dues; deduction and collection. — 593
(1) Except as authorized in subsection (2) or subject to a 594
waiver of the prohibition on membership dues deduction granted 595
pursuant to s. 447.207(12), a public employer may not engage in 596
membership dues deduction on behalf of s. 447.207(12)(a), an 597
employee organization that has been certified as a bargaining 598
agent may not have its dues and uniform assessments deducted and 599
collected by the employer from the salaries of those employees 600
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in the unit. A public employee may pay membership dues and 601
uniform assessments directly to an the employee organization 602
that has been certified as the bargaining agent . 603
(2)(a) Upon the written authorization of a public employee 604
in a bargaining unit in which the majority of the public 605
employees are public safety employees, the public employer must 606
engage in membership dues deduction for such public employee. A 607
public employee may revoke his or her authorization for 608
membership dues deduction upon providing 30 days' written notice 609
to the public employ er and bargaining agent An employee 610
organization that has been certified as a bargaining agent to 611
represent a bargaining unit the majority of whose employees 612
eligible for representation are employed as law enforcement 613
officers, correctional officers, or co rrectional probation 614
officers as those terms are defined in s. 943.10(1), (2), or 615
(3), respectively; firefighters as defined in s. 633.102; 911 616
public safety telecommunicators as defined in s. 401.465(1)(a); 617
or emergency medical technicians or paramedics a s defined in s. 618
401.23 has the right to have its dues and uniform assessments 619
for that bargaining unit deducted and collected by the employer 620
from the salaries of those employees who authorize the deduction 621
and collection of said dues and uniform assessmen ts. However, 622
such authorization is revocable at the employee's request upon 623
30 days' written notice to the employer and employee 624
organization. Said deductions shall commence upon the bargaining 625
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agent's written request to the employer . 626
(b) Reasonable cost s to the public employer of engaging in 627
membership dues said deductions is a proper subject of 628
collective bargaining. 629
(c) The requirement to engage in membership dues 630
deductions Such right to deduction , unless revoked under s. 631
447.507, is in force as for so long as the employee organization 632
remains the certified bargaining agent remains certified to 633
represent for the public employees in the bargaining unit. 634
Section 10. Section 447.305, Florida Statutes, is amended 635
to read: 636
447.305 Registration of employee organizations 637
organization.— 638
(1) Every employee organization seeking to become a 639
certified bargaining agent for public employees shall register 640
with the commission before pursuant to the procedures set forth 641
in s. 120.60 prior to requesting recognition by a public 642
employer for purposes of collective bargaining and prior to 643
submitting a representation petition to the commission 644
requesting certification as an exclusive bargaining agent . 645
Further, If an such employee organization is not registered, it 646
may not participate in a representation hearing, participate in 647
a certification or recertification representation election, or 648
be certified as a an exclusive bargaining agent. The application 649
for registration required by this sec tion must shall be under 650
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oath, and in such form as the commission may prescribe , and 651
shall include all of the following : 652
(a) The name and address of the organization and of any 653
parent organization or affiliate of the employee organization 654
with which it is affiliated. 655
(b) The names and addresses of the principal officers and 656
all representatives of the organization. 657
(c) The amount of the initiation fee and the amount and 658
collection frequency of the membership dues and uniform 659
assessments that a member of the organization must pay. 660
(d) The current annual financial statement of the 661
organization, prepared by an independent certified public 662
accountant licensed under chapter 473. 663
(e) The name of its business agent, if any; if different 664
from the business agent, the name of its local agent for service 665
of process; and the addresses where such person or persons can 666
be reached. 667
(f) A pledge, in a form prescribed by the commission, that 668
the employee organization will conform to the laws of this the 669
state and that it will accept members without regard to age, 670
race, sex, religion, or national origin. 671
(g) A copy of the current constitution and bylaws of the 672
employee organization. 673
(h) A copy of the current constitution and bylaws of the 674
state and national grou ps with which the employee organization 675
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is affiliated or associated. In lieu of this provision, and upon 676
adoption of a rule by the commission, a state or national 677
affiliate or parent organization of any registering employee 678
labor organization may annually submit a copy of its current 679
constitution and bylaws. 680
(2) A registration granted to an employee organization 681
pursuant to this section runs for 1 year after from the date of 682
issuance. A registration must be renewed annually by filing an 683
application for renewal under oath with the commission, which 684
application must reflect any changes in the information provided 685
to the commission in conjunction with the employee 686
organization's preceding application for registration or 687
previous renewal, whichever is applicab le. Each application for 688
renewal of registration must include a current annual financial 689
statement, prepared by an independent certified public 690
accountant licensed under chapter 473 and signed by the employee 691
organization's president and treasurer or corre sponding 692
principal officers, containing the following information in such 693
detail as may be necessary to accurately to disclose its 694
financial condition and operations for its preceding fiscal year 695
and in all of the following such categories as prescribed by the 696
commission may prescribe: 697
(a) Assets and liabilities at the beginning and end of the 698
fiscal year.; 699
(b) Receipts of any kind and the sources thereof .; 700
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(c) Disbursements by category .; 701
(d) Salary, wages, fringe benefits, allowances, and other 702
direct or indirect disbursements, including reimbursed expenses, 703
paid or accruing to each officer and also to each employee who, 704
during such fiscal year, received more than $10,000 in the 705
aggregate from such employee organization and any parent 706
organization of the other employee organization or any affiliate 707
of either the employee organization or the parent organization. 708
This paragraph requires reporting of any reimbursements paid by 709
the employee organization to a public employer for monies paid 710
by the public employer to an officer or an employee. affiliated 711
with it or with which it is affiliated or which is affiliated 712
with the same national or international employee organization; 713
(e) Direct and indirect loans made to any officer, 714
employee, or member which ag gregated more than $250 during the 715
fiscal year, together with a statement of the purpose, security, 716
if any, and arrangements for repayment .; and 717
(f) Direct and indirect loans to any business enterprise, 718
together with a statement of the purpose, security, if any, and 719
arrangements for repayment. 720
(3) As part of its application for renewal of 721
registration, a In addition to subsection (2), an employee 722
organization that has been certified as the bargaining agent for 723
public employees must include all of for each such certified 724
bargaining unit the following additional information and 725
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
documentation as of the 30th day immediately preceding the date 726
upon which its current registration is scheduled to end for any 727
renewal of registration on or after October 1, 2023 : 728
(a) For each bargaining unit for which the bargaining 729
agent is certified, the certification number assigned to the 730
bargaining unit by the commission. 731
(b) For each certification, the number of public employees 732
in the bargaining unit as of the last busin ess day of the second 733
full calendar month preceding the date upon which the bargaining 734
agent's current registration is scheduled to end. 735
(c) For each certification, the number of public employees 736
in the bargaining unit who paid full membership dues suffi cient 737
to maintain membership in good standing in the bargaining unit 738
as of the last business day of the second full calendar month 739
preceding the date upon which the bargaining agent's current 740
registration is scheduled to end. 741
(d) For each certification, who are eligible for 742
representation by the employee organization. 743
(b) the number of public employees in the bargaining unit 744
who have submitted signed membership authorization forms without 745
a subsequent revocation of such membership. 746
(c) The number of e mployees in the bargaining unit who 747
paid dues to the employee organization. 748
(d) The number of employees in the bargaining unit who did 749
not pay dues to the employee organization. 750
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(e) Documentation from provided by an independent 751
certified public account ant retained by the employee 752
organization which verifies the information provided in 753
paragraphs (b), (c), and (d) paragraphs (a)-(d). 754
(4) Within 30 days after filing an application for renewal 755
of registration with the commission, the employee organizatio n 756
must provide a copy of its application for renewal of 757
registration relating to a public employer's employees to the 758
public employer and public employees of each bargaining unit for 759
which the employee organization is the bargaining agent on the 760
same day the application is submitted to the commission . 761
(5) An application for renewal of registration is 762
incomplete and is not eligible for consideration by The 763
commission must notify the bargaining agent if it does not 764
include all of the information and documen tation required in 765
subsection (3) is incomplete. Upon notification that the 766
required information or documentation is incomplete, the 767
bargaining agent must provide the missing information or 768
documentation to the commission within 30 days after such 769
notification. If the bargaining agent fails to provide the 770
missing information or documentation within 30 days after 771
notification, the commission must dismiss the application . The 772
commission shall notify the employee organization if the 773
application is incomplete. An incomplete application must be 774
dismissed if the required information and documentation are not 775
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provided within 10 days after the employee organization receives 776
such notice. 777
(6) The commission must notify the bargaining agent if the 778
information and documentation required in subsection (3) is 779
complete. Within 30 days after such notification, the bargaining 780
agent must petition for recertification pursuant to s. 447.307 781
for each of its bargaining units Notwithstanding the provisions 782
of this chapter relating to collective bargaining, an employee 783
organization certified as a bargaining agent to represent a 784
bargaining unit for which less than 60 percent of the public 785
unit employees in the bargaining unit have submitted membership 786
authorization forms without subsequent revocation and paid 787
membership dues to the organization , as reported in subsection 788
(3) during its last registration period must petition the 789
commission pursuant to s. 447.307(2) and (3) for recertification 790
as the exclusive representative of all employees in the 791
bargaining unit within 30 days after the date on which the 792
employee organization applies for renewal of registration 793
pursuant to subsection (2). The certi fication of an employee 794
organization that does not comply with this section is revoked . 795
(7) If a The public employer or a public employee of a 796
bargaining unit represented by a bargaining agent believes that 797
the bargaining agent's employee may challenge a n employee 798
organization's application for renewal of registration is 799
materially inaccurate, if the public employer or public 800
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bargaining unit employee may challenge believes that the 801
application as materially is inaccurate during the pendency of 802
the application or, if the registration renewal has been 803
granted, before the date upon which the bargaining agent's 804
current registration is scheduled to end. If a challenge is 805
filed,. the commission or one of its designated agents shall 806
conduct an investigation pursu ant to subsection (8) review the 807
application to determine its accuracy and compliance with this 808
section. If the commission finds that the application is 809
inaccurate or does not comply with this section, the commission 810
shall revoke the registration and certi fication of the employee 811
organization. 812
(8) The commission or one of its designated agents may 813
conduct an investigation to confirm the validity of any 814
information submitted pursuant to this section. The commission 815
may revoke or deny an employee organizati on's registration or 816
certification if it finds that the employee organization: 817
(a) Failed to cooperate with the investigation conducted 818
pursuant to this subsection, including refusal to permit the 819
commission or one of its designated agents to inspect membership 820
authorization forms or revocations pursuant to s. 821
447.301(1)(b)5.; or 822
(b) Intentionally misrepresented the information it 823
submitted pursuant to this section. 824
825
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A decision issued by the commission pursuant to this subsection 826
is a final agency action that is reviewable pursuant to s. 827
447.504. 828
(9) An employee organization is exempt from the 829
requirements of subsections (3) -(8) and subsection (12) for each 830
bargaining unit in which the majority of the public employees 831
are public safety employees only with respect to the 832
circumstances of each bargaining unit the majority of whose 833
employees eligible for representation are employed as law 834
enforcement officers, correctional officers, or correctional 835
probation officers as those terms are defined in s. 9 43.10(1), 836
(2), or (3), respectively; firefighters as defined in s. 837
633.102; 911 public safety telecommunicators as defined in s. 838
401.465(1)(a); or emergency medical technicians or paramedics as 839
defined in s. 401.23 . 840
(10) A registration fee must shall accompany each 841
application for registration or renewal of registration filed 842
with the commission. The registration fee may amount charged for 843
an application for registration or renewal of registration shall 844
not exceed $15. All such money collected by the comm ission shall 845
be deposited in the General Revenue Fund. 846
(11) Every employee organization shall keep accurate 847
accounts of its income and expenses, which accounts must shall 848
be open for inspection at a reasonable time and place all 849
reasonable times by any member of the organization or by the 850
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commission. 851
(12) The certification of an employee organization that 852
does not comply with this section is revoked. An employee 853
organization that has its certification revoked under this 854
subsection may not file a petitio n for certification under s. 855
447.307 that covers any of the public employees in the 856
bargaining unit described in the revoked certification for at 857
least 12 months after the date the certification was revoked. 858
(13) A decision issued by the commission under this 859
section that revokes a certification, revokes a registration, or 860
grants, denies, or dismisses an application for registration or 861
renewal of registration is a final agency action that is 862
reviewable pursuant to s. 447.504 In addition, each employee 863
organization that has been certified as a bargaining agent must 864
provide to its members an annual financial report prepared by an 865
independent certified public accountant licensed under chapter 866
473 that includes a detailed breakdown of revenues and 867
expenditures in such categories as the commission may prescribe, 868
and an accounting of membership dues and assessments. The 869
employee organization must notify its members annually of all 870
costs of membership. 871
Section 11. Section 447.307, Florida Statutes, is amended 872
to read: 873
447.307 Certification , recertification, and 874
decertification of employee organizations organization.— 875
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) An employee organization seeking certification as a 876
bargaining agent, an employee organization seeking 877
recertification as a bargaining agent, or a public employee or 878
group of public employees seeking to decertify a bargaining 879
agent must file a petition with the commission accompanied by 880
signature cards from at least 30 percent of the public employees 881
in the proposed or existing bargaining unit. A 882
(1)(a) Any employee organization which is designated or 883
selected by a majority of public employees in an appropriate 884
unit as their representative for purposes of collective 885
bargaining shall request recognition by the public employer. The 886
public employer shall, if satisfied as to the majority status of 887
the employee organization and the appropriateness of the 888
proposed unit, recognize the employee organization as the 889
collective bargaining representative of employees in the 890
designated unit. Upon reco gnition by a public employer, the 891
employee organization shall immediately petition the commission 892
for certification. The commission shall review only the 893
appropriateness of the unit proposed by the employee 894
organization. If the unit is appropriate accordin g to the 895
criteria used in this part, the commission shall immediately 896
certify the employee organization as the exclusive 897
representative of all employees in the unit. If the unit is 898
inappropriate according to the criteria used in this part, the 899
commission may dismiss the petition. 900
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(b) Whenever a public employer recognizes an employee 901
organization on the basis of majority status and on the basis of 902
appropriateness in accordance with subparagraph (4)(f)5. of this 903
section, the commission shall, in the absence of inclusion of a 904
prohibited category of employees or violation of s. 447.501, 905
certify the proposed unit. 906
(2) If the public employer refuses to recognize the 907
employee organization, the employee organization may file a 908
petition with the commission for ce rtification as the bargaining 909
agent for a proposed bargaining unit. The petition shall be 910
accompanied by dated statements signed by at least 30 percent of 911
the employees in the proposed unit, indicating that such 912
employees desire to be represented for purpo ses of collective 913
bargaining by the petitioning employee organization. Once a 914
petition for certification has been filed by an employee 915
organization, any registered employee organization desiring 916
placement on the ballot in any certification or recertificati on 917
election to be conducted pursuant to this section may be 918
permitted by the commission to intervene in the proceeding upon 919
a motion accompanied by signature cards from dated statements 920
signed by at least 10 percent of the employees in the proposed 921
or existing bargaining unit. Signature cards, indicating that 922
such employees desire to be represented for the purposes of 923
collective bargaining by the moving employee organization. The 924
petitions and dated statements signed by the employees are 925
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confidential and exempt from the provisions of s. 119.07(1), 926
except that any employee, employer, or employee organization 927
having sufficient reason to believe any of the signature cards 928
employee signatures were obtained by collusion, coercion, 929
intimidation, or misrepresentati on or are otherwise invalid 930
shall be given a reasonable opportunity to verify and challenge 931
the signature card signatures appearing on the petition . 932
(2)(a) A petition for certification seeking to represent 933
any proposed or existing bargaining unit may not be filed within 934
12 months after the date the commission issues an order that 935
verifies the results of a certification election covering any of 936
the public employees of the proposed or existing bargaining 937
unit. 938
(b) A petition for decertification seeking to decertify 939
the bargaining agent for an existing bargaining unit may not be 940
filed within 12 months after the date the commission issues an 941
order that verifies the results of a decertification election 942
for that bargaining unit. 943
(c) If a valid collective ba rgaining agreement covering 944
any of the public employees in a proposed or existing bargaining 945
unit is in effect, a petition for certification or 946
decertification may only be filed with the commission at least 947
90 but not more than 150 days immediately precedi ng the 948
expiration date of the collective bargaining agreement, or at 949
any time subsequent to such agreement's expiration date but 950
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before the effective date of a new collective bargaining 951
agreement. The effective date of a collective bargaining 952
agreement means the date of ratification of such agreement by 953
both parties, if such agreement becomes effective immediately or 954
retroactively, or the collective bargaining agreement's actual 955
effective date, if such agreement becomes effective after its 956
ratification date. 957
(3)(a) The commission or one of its designated agents 958
shall investigate a certification, recertification, or 959
decertification the petition to determine its sufficiency .; if 960
it has reasonable cause to believe that the petition is 961
sufficient, the commissi on shall provide for an appropriate 962
hearing upon due notice. Such a hearing may be conducted by an 963
agent of the commission. If the commission finds that the 964
petition is to be insufficient, the commission must it may 965
dismiss the petition. If the commission finds upon the record of 966
the hearing that the petition is sufficient, the commission must 967
it shall immediately : 968
(a)1. Define the proposed or existing bargaining unit and 969
determine which public employees are shall be qualified and 970
entitled to vote at any election held by the commission. Upon 971
providing due notice, the commission may provide for a hearing. 972
(b)2. Identify the public employer or employers for 973
purposes of collective bargaining with the bargaining agent . 974
(c)3. Order an election by secret bal lot, the cost of said 975
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election and any required runoff election to be borne equally by 976
the parties, except as the commission may provide by rule. The 977
commission's order assessing costs of an election may be 978
enforced pursuant to the provisions of this part. 979
(4)(a) Except as provided in paragraph (b), elections are 980
determined as follows for all petitions for certification, 981
recertification, or decertification filed on or after July 1, 982
2025: 983
1. In certification elections, if 984
(b) When an employee organizat ion is selected by a 985
majority vote of the public employees in the bargaining unit 986
voting in an election , the commission shall certify the employee 987
organization as the exclusive collective bargaining agent for 988
the public representative of all employees in the bargaining 989
unit. If there is more than one employee organization on the 990
ballot and Certification is effective upon the issuance of the 991
final order by the commission or, if the final order is 992
appealed, at the time the appeal is exhausted or any stay is 993
vacated by the commission or the court. 994
(c) In any election in which none of the choices on the 995
ballot receives the vote of a majority vote of the public 996
employees in the bargaining unit voting, a runoff election shall 997
be held according to rules adopted promulgated by the 998
commission. 999
2. In decertification elections, if a majority of the 1000
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public employees in the bargaining unit votes in favor of 1001
decertification, the commission shall revoke the bargaining 1002
agent's certification for that bargaining unit. If a majority of 1003
the public employees in the bargaining unit does not vote in 1004
favor of decertification, the bargaining agent shall retain its 1005
certification for that bargaining unit. 1006
3. In recertification elections, if a majority of the 1007
public employees in th e bargaining unit votes in favor of 1008
recertification, the bargaining agent shall retain its 1009
certification for that bargaining unit. If a majority of the 1010
public employees in the bargaining unit does not vote in favor 1011
of recertification, the commission shall revoke the bargaining 1012
agent's certification for that bargaining unit. If a majority of 1013
the public employees in the bargaining unit votes in favor of an 1014
employee organization that has intervened in the proceeding 1015
pursuant to this section, the commission sha ll certify such 1016
employee organization as the bargaining agent for the public 1017
employees in the bargaining unit. If there is more than one 1018
employee organization on the ballot and none of the choices on 1019
the ballot receives a majority vote of the public employ ees in 1020
the bargaining unit, a runoff election shall be held according 1021
to rules adopted by the commission. An employee organization 1022
that has its certification revoked under this subparagraph may 1023
not file a petition for certification that covers any of the 1024
public employees in the bargaining unit described in the revoked 1025
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certification for at least 12 months after the date the 1026
certification was revoked. 1027
(b) With respect to bargaining units in which the majority 1028
of the public employees are public safety employ ees, elections 1029
are determined as follows for all petitions for certification or 1030
decertification: 1031
1. In certification elections, if an employee organization 1032
is selected by a majority vote of the public employees voting in 1033
the election, the commission shal l certify the employee 1034
organization as the bargaining agent for the public employees in 1035
the bargaining unit. If there is more than one employee 1036
organization on the ballot and none of the choices on the ballot 1037
receives a majority vote of the public employee s voting in the 1038
election, a runoff election shall be held according to rules 1039
adopted by the commission. 1040
2. In decertification elections, if a majority of the 1041
public employees voting in the election votes in favor of 1042
decertification, the commission shall revoke the bargaining 1043
agent's certification for that bargaining unit. If a majority of 1044
the public employees does not vote in favor of decertification, 1045
the bargaining agent shall retain its certification for that 1046
bargaining unit. 1047
(c) Certification, recert ification, or revocation under 1048
this section is effective upon the commission issuing a final 1049
order or, if the final order is appealed, at the time the appeal 1050
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is exhausted or any stay is vacated by the commission or a 1051
court. 1052
(d) No petition may be filed s eeking an election in any 1053
proposed or existing appropriate bargaining unit to determine 1054
the exclusive bargaining agent within 12 months after the date 1055
of a commission order verifying a representation election or, if 1056
an employee organization prevails, withi n 12 months after the 1057
date of an effective certification covering any of the employees 1058
in the proposed or existing bargaining unit. Furthermore, if a 1059
valid collective bargaining agreement covering any of the 1060
employees in a proposed unit is in effect, a pet ition for 1061
certification may be filed with the commission only during the 1062
period extending from 150 days to 90 days immediately preceding 1063
the expiration date of that agreement, or at any time subsequent 1064
to its expiration date but prior to the effective date of any 1065
new agreement. The effective date of a collective bargaining 1066
agreement means the date of ratification by both parties, if the 1067
agreement becomes effective immediately or retroactively; or its 1068
actual effective date, if the agreement becomes effective after 1069
its ratification date. 1070
(5)(4) In defining a proposed bargaining unit, the 1071
commission shall take into consideration: 1072
(a) The principles of efficient administration of 1073
government. 1074
(b) The number of employee organizations with which the 1075
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employer might have to negotiate. 1076
(c) The compatibility of the unit with the joint 1077
responsibilities of the public employer and public employees to 1078
represent the public. 1079
(d) The power of the officials of government at the level 1080
of the unit to agree, or make effe ctive recommendations to 1081
another administrative authority or to a legislative body, with 1082
respect to matters of employment upon which the employee desires 1083
to negotiate. 1084
(e) The organizational structure of the public employer. 1085
(f) Community of interest a mong the employees to be 1086
included in the unit, considering: 1087
1. The manner in which wages and other terms of employment 1088
are determined. 1089
2. The method by which jobs and salary classifications are 1090
determined. 1091
3. The interdependence of jobs and interchan ge of 1092
employees. 1093
4. The desires of the employees. 1094
5. The history of employee relations within the 1095
organization of the public employer concerning organization and 1096
negotiation and the interest of the employees and the employer 1097
in the continuation of a tr aditional, workable, and accepted 1098
negotiation relationship. 1099
(g) The statutory authority of the public employer to 1100
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administer a classification and pay plan. 1101
(h) Such other factors and policies as the commission may 1102
deem appropriate. 1103
1104
However, a bargaining no unit may not shall be established or 1105
approved for purposes of collective bargaining which includes 1106
both professional and nonprofessional employees unless a 1107
majority of each group votes for inclusion in such bargaining 1108
unit. 1109
Section 12. Section 447.308, Florida Statutes, is 1110
repealed. 1111
Section 13. Subsections (4) and (5) of section 447.309, 1112
Florida Statutes, are renumbered as subsections (3) and (4), 1113
respectively, and present subsections (1), (3), and (5) of that 1114
section are amended to read: 1115
447.309 Collective bargaining; approval or rejection. — 1116
(1) After an employee organization has been certified as 1117
the bargaining agent of a bargaining unit pursuant to the 1118
provisions of this part, the bargaining agent for the 1119
organization and the chief executive officer of the appropriate 1120
public employer or employers, jointly, shall bargain 1121
collectively in the determination of the wages, hours, and terms 1122
and conditions of employment of the public employees within the 1123
bargaining unit. The chief executive offic er or his or her 1124
representative and the bargaining agent or its representative 1125
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shall meet at reasonable times and bargain in good faith. In 1126
conducting negotiations with the bargaining agent, the chief 1127
executive officer or his or her representative shall co nsult 1128
with, and attempt to represent the views of, the legislative 1129
body of the public employer. Any collective bargaining agreement 1130
reached by the negotiators shall be reduced to writing, and such 1131
agreement shall be signed by the chief executive officer an d the 1132
bargaining agent. Any agreement signed by the chief executive 1133
officer and the bargaining agent is shall not be binding on the 1134
public employer until such agreement has been ratified by the 1135
public employer and the by public employees in who are members 1136
of the bargaining unit, subject to subsection (2) the provisions 1137
of subsections (2) and (3) . However, with respect to statewide 1138
bargaining units, any agreement signed by the Governor and the 1139
bargaining agent for such a bargaining unit is shall not be 1140
binding until approved by the public employees in who are 1141
members of the bargaining unit, subject to subsection (2) the 1142
provisions of subsections (2) and (3) . 1143
(3) If any provision of a collective bargaining agreement 1144
is in conflict with any law, ordinance, r ule, or regulation over 1145
which the chief executive officer has no amendatory power, the 1146
chief executive officer shall submit to the appropriate 1147
governmental body having amendatory power a proposed amendment 1148
to such law, ordinance, rule, or regulation. Unles s and until 1149
such amendment is enacted or adopted and becomes effective, the 1150
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conflicting provision of the collective bargaining agreement 1151
shall not become effective. 1152
(4)(5) A Any collective bargaining agreement may shall not 1153
provide for a term of existenc e of more than 3 years and must 1154
shall contain all of the terms and conditions of employment 1155
negotiated by the bargaining agent and the public employer and 1156
all of the disputed impasse issues resolved by the legislative 1157
body's action taken pursuant to s. 447 .403 of the employees in 1158
the bargaining unit during such term except those terms and 1159
conditions provided for in applicable merit and civil service 1160
rules and regulations . 1161
Section 14. Section 447.401, Florida Statutes, is amended 1162
to read: 1163
447.401 Grievance procedures.—Each public employer and 1164
bargaining agent shall negotiate a grievance procedure to be 1165
used for the settlement of disputes between a public employer 1166
and a public employee, or a group of public employees, involving 1167
the interpretation or appl ication of a collective bargaining 1168
agreement. The Such grievance procedure must shall have as its 1169
terminal step a final and binding disposition by an impartial 1170
neutral, mutually selected by the parties; however, when the 1171
issue under appeal is an allegation of abuse, abandonment, or 1172
neglect of a child by a public an employee under s. 39.201 or an 1173
allegation of abuse, neglect, or exploitation of a vulnerable 1174
adult by a public employee under s. 415.1034, the grievance may 1175
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not be decided until such allegation the abuse, abandonment, or 1176
neglect of a child has been judicially determined. However, an 1177
arbitrator arbiter or other neutral may shall not have the power 1178
to add to, subtract from, modify, or alter the terms of a 1179
collective bargaining agreement. If an empl oyee organization is 1180
certified as the bargaining agent of a bargaining unit, the 1181
grievance procedure then in existence may be the subject of 1182
collective bargaining, and any agreement which is reached shall 1183
supersede the previously existing procedure. All pu blic 1184
employees shall have the right to a fair and equitable grievance 1185
procedure administered without regard to membership or 1186
nonmembership in any employee organization, except that 1187
bargaining agents may certified employee organizations shall not 1188
be required to process grievances for public employees who are 1189
not members of the employee organization. A public career 1190
service employee may utilize shall have the option of utilizing 1191
the civil service appeal procedure, an unfair labor practice 1192
procedure, or a grie vance procedure established under this 1193
section, but may not avail such employee is precluded from 1194
availing himself or herself of to more than one of these 1195
procedures. 1196
Section 15. Subsections (1), (3), and (4) of section 1197
447.403, Florida Statutes, are a mended to read: 1198
447.403 Resolution of impasses. — 1199
(1) If, after a reasonable period of negotiation 1200
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concerning the terms and conditions of employment to be 1201
incorporated in a collective bargaining agreement, a dispute 1202
exists between a public employer and a bargaining agent, either 1203
party may declare an impasse by providing written notification 1204
shall be deemed to have occurred when one of the parties so 1205
declares in writing to the other party and to the commission. 1206
When an impasse occurs, the public employer or the bargaining 1207
agent, or both parties acting jointly, may appoint, or secure 1208
the appointment of, a mediator to assist in the resolution of 1209
the impasse. If the Governor is the public employer, a no 1210
mediator may not shall be appointed. 1211
(3) The special magistrate shall hold hearings in order to 1212
define the area or areas of dispute, to determine facts rela ting 1213
to the dispute, and to render a decision on any and all 1214
unresolved contract issues. The hearings must shall be held at 1215
times, dates, and places to be established by the special 1216
magistrate in accordance with rules adopted promulgated by the 1217
commission. The special magistrate may shall be empowered to 1218
administer oaths and issue subpoenas on behalf of the parties to 1219
the dispute or on his or her own behalf. Within 15 calendar days 1220
after the close of the final hearing, the special magistrate 1221
shall transmit his or her recommended decision to the commission 1222
and to the representatives of both parties by any method of 1223
service that establishes proof of delivery registered mail, 1224
return receipt requested . Such recommended decision must shall 1225
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be discussed by the par ties, and each recommendation of the 1226
special magistrate is shall be deemed approved by both parties 1227
unless specifically rejected by either party by written notice 1228
filed with the commission within 20 calendar days after the date 1229
the party received the speci al magistrate's recommended 1230
decision. The written notice must shall include a statement of 1231
the cause for each rejection and shall be served upon the other 1232
party. 1233
(4) If either the public employer or the bargaining agent 1234
employee organization does not accept, in whole or in part, the 1235
recommended decision of the special magistrate , all of the 1236
following procedures apply : 1237
(a) The chief executive officer of the governmental entity 1238
involved shall, within 10 days after rejection of a 1239
recommendation of the special magistrate, submit to the 1240
legislative body of the governmental entity involved a copy of 1241
the findings of fact and recommended decision of the special 1242
magistrate, together with the chief executive officer's 1243
recommendations for settling the disputed impasse issues. The 1244
chief executive officer shall also transmit his or her 1245
recommendations to the bargaining agent. employee organization; 1246
(b) The bargaining agent employee organization shall 1247
submit its recommendations for settling the disputed impasse 1248
issues to such legislative body and to the chief executive 1249
officer.; 1250
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(c) The legislative body or its a duly authorized 1251
committee thereof shall forthwith conduct a public hearing at 1252
which the parties must shall be required to explain their 1253
positions with respect to the rejected recommendations of the 1254
special magistrate.; 1255
(d) Thereafter, the legislative body shall take such 1256
action as it deems to be in the public interest, including the 1257
interest of the public employees involved, to resolve all 1258
disputed impasse issues.; and 1259
(e) Following the resolution of the disputed impasse 1260
issues by the legislative body, the parties shall reduce to 1261
writing an agreement which includes those issues agreed to by 1262
the parties and those disputed impasse issues resolve d by the 1263
legislative body's action taken pursuant to paragraph (d). The 1264
agreement must shall be signed by the chief executive officer 1265
and the bargaining agent and shall be submitted to the public 1266
employer and to the public employees in who are members of the 1267
bargaining unit for ratification. If such agreement is not 1268
ratified by all parties, pursuant to the provisions of s. 1269
447.309, the legislative body's action taken pursuant to the 1270
provisions of paragraph (d) shall take effect as of the date of 1271
such legislative body's action for the remainder of the first 1272
fiscal year which was the subject of negotiations; however, the 1273
legislative body's action may shall not take effect with respect 1274
to those disputed impasse issues which establish the language of 1275
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contractual provisions which could have no effect in the absence 1276
of a ratified agreement, including, but not limited to, 1277
preambles, recognition clauses, and duration clauses. 1278
Section 16. Section 447.405, Florida Statutes, is amended 1279
to read: 1280
447.405 Factors to be considered by the special 1281
magistrate.—The special magistrate shall conduct the hearings 1282
and render recommended decisions with the objective of achieving 1283
a prompt, peaceful, and just settlement of disputes between the 1284
bargaining agents public employee organizations and the public 1285
employers. The factors, among others, to be given weight by the 1286
special magistrate in arriving at a recommended decision must 1287
shall include: 1288
(1) Comparison of the annual income of employment of the 1289
public employees in question with the annual income of 1290
employment maintained for the same or similar work of employees 1291
exhibiting like or similar skills under the same or similar 1292
working conditions in the local operating area involved. 1293
(2) Comparison of the annual income of employme nt of the 1294
public employees in question with the annual income of 1295
employment of public employees in similar public employee 1296
governmental bodies of comparable size within this the state. 1297
(3) The interest and welfare of the public. 1298
(4) Comparison of pecul iarities of employment in regard to 1299
other trades or professions, specifically with respect to: 1300
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(a) Hazards of employment. 1301
(b) Physical qualifications. 1302
(c) Educational qualifications. 1303
(d) Intellectual qualifications. 1304
(e) Job training and skills. 1305
(f) Retirement plans. 1306
(g) Sick leave. 1307
(h) Job security. 1308
(5) Availability of funds. 1309
Section 17. Paragraphs (c) and (f) of subsection (1) and 1310
subsection (2) of section 447.501, Florida Statutes, are amended 1311
to read: 1312
447.501 Unfair labor practice s.— 1313
(1) Public employers or their agents or representatives 1314
are prohibited from: 1315
(c) Refusing to bargain collectively, failing to bargain 1316
collectively in good faith, or refusing to sign a final 1317
agreement agreed upon with the certified bargaining agent for 1318
the public employees in the bargaining unit. 1319
(f) Refusing to discuss grievances in good faith pursuant 1320
to the terms of the collective bargaining agreement with either 1321
the certified bargaining agent for the public employee or the 1322
employee involved. 1323
(2) An A public employee organization or anyone acting on 1324
in its behalf or its officers, representatives, agents, or 1325
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members are prohibited from: 1326
(a) Interfering with, restraining, or coercing public 1327
employees in the exercise of any rights guaranteed them under 1328
this part or interfering with, restraining, or coercing 1329
managerial employees by reason of their performance of job 1330
duties or other activities undertaken in the interests of the 1331
public employer. 1332
(b) Causing or attempting to cause a public emplo yer to 1333
discriminate against a public an employee because of such the 1334
employee's membership or nonmembership in an employee 1335
organization or attempting to cause the public employer to 1336
violate any of the provisions of this part. 1337
(c) Refusing to bargain coll ectively or failing to bargain 1338
collectively in good faith with a public employer. 1339
(d) Discriminating against a public an employee because he 1340
or she has signed or filed an affidavit, a petition, or a 1341
complaint or given any information or testimony in any 1342
proceedings provided for in this part. 1343
(e) Participating in a strike against the public employer 1344
by instigating or supporting, in any positive manner, a strike. 1345
A person who violates Any violation of this paragraph is shall 1346
subject the violator to the penalties provided in this part. 1347
(f) Instigating or advocating support, in any positive 1348
manner, for an employee organization's activities from high 1349
school or grade school students or students in institutions of 1350
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higher learning. 1351
Section 18. Subsection ( 1) of section 447.503, Florida 1352
Statutes, is amended to read: 1353
447.503 Charges of unfair labor practices. —It is the 1354
intent of the Legislature that the commission act as 1355
expeditiously as possible to settle disputes regarding alleged 1356
unfair labor practices. To this end, violations of the 1357
provisions of s. 447.501 shall be remedied by the commission in 1358
accordance with the following procedures and in accordance with 1359
chapter 120; however, to the extent that chapter 120 is 1360
inconsistent with the provisions of this section, the procedures 1361
contained in this section shall govern: 1362
(1) A proceeding to remedy a violation of the provisions 1363
of s. 447.501 must shall be initiated by the filing of a charge 1364
with the commission by a public employer, a public an employer, 1365
employee, or an employee organization, or any combination 1366
thereof, whose substantial interests will be affected as 1367
provided in chapter 120 . Such a charge must shall contain a 1368
clear and concise statement of facts constituting the alleged 1369
unfair labor practice, i ncluding the names of all individuals 1370
involved in the alleged unfair labor practice, specific 1371
reference to the provisions of s. 447.501 alleged to have been 1372
violated, and such other relevant information as the commission 1373
may by rule require or allow. Servi ce of the charge must shall 1374
be made upon each named respondent at the time of filing with 1375
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the commission. The charge must be accompanied by sworn 1376
statements and documentary evidence sufficient to establish a 1377
prima facie violation of the applicable unfair l abor practice 1378
provision. Such supporting evidence is not to be attached to the 1379
charge and is to be furnished only to the commission. 1380
Section 19. Subsections (2) through (5) and paragraph (a) 1381
of subsection (6) of section 447.507, Florida Statutes, are 1382
amended to read: 1383
447.507 Violation of strike prohibition; penalties. — 1384
(2) If a public employee, a group of public employees, an 1385
employee organization, or any officer, agent, or representative 1386
of any employee organization engages in a strike in violation of 1387
s. 447.505, either the commission or any public employer whose 1388
public employees are involved or whose public employees may be 1389
affected by the strike may file suit to enjoin the strike in the 1390
circuit court having proper jurisdiction and proper venue of 1391
such actions under the Florida Rules of Civil Procedure and 1392
Florida Statutes. The circuit court shall conduct a hearing, 1393
with notice to the commission and to all interested parties, at 1394
the earliest practicable time. If the plaintiff makes a prima 1395
facie showing that a violation of s. 447.505 is in progress or 1396
that there is a clear, real, and present danger that such a 1397
strike is about to commence, the circuit court must shall issue 1398
a temporary injunction enjoining the strike. Upon final hearing, 1399
the circuit court shall either make the injunction permanent or 1400
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dissolve it. 1401
(3) If an injunction to enjoin a strike issued pursuant to 1402
this section is not promptly complied with, on the application 1403
of the plaintiff, the circuit court shall immediately initiate 1404
contempt proceedings against those who appear to be in 1405
violation. An employee organization found to be in contempt of 1406
court for violating an injunction against a strike shall be 1407
fined an amount deemed appropriate by the court. In determining 1408
the appropriate fine, the court shall objectively consider the 1409
extent of lost services and the particular nature and position 1410
of the public employee group in violation. A In no event shall 1411
the fine may not exceed $30,000 $5,000. Each officer, agent, or 1412
representative of an employee organization found to be in 1413
contempt of court for violating an injunction against a strike 1414
shall be fined at least $300, but not more than $600, not less 1415
than $50 nor more than $100 for each calendar day that the 1416
violation is in progress. 1417
(4) An employee organization is shall be liable for any 1418
damages which might be suffered by a public employer as a result 1419
of a violation of the provisions of s. 447.505 by the employee 1420
organization or its representat ives, officers, or agents. The 1421
circuit court having jurisdiction over such actions may is 1422
empowered to enforce judgments against employee organizations in 1423
the amount deemed appropriate by the court in accordance with 1424
this section. An action may not , as defined in this part, by 1425
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attachment or garnishment of union initiation fees or dues which 1426
are to be deducted or checked off by public employers. No action 1427
shall be maintained pursuant to this subsection until all 1428
proceedings which were pending before the comm ission at the time 1429
of the strike or which were initiated within 30 days after of 1430
the strike have been finally adjudicated or otherwise disposed 1431
of. In determining the amount of damages, if any, to be awarded 1432
to the public employer, the trier of fact shall take into 1433
consideration any action or inaction by the public employer or 1434
its agents that provoked or tended to provoke the strike by the 1435
public employees. The trier of fact shall also take into 1436
consideration any damages that might have been recovered by th e 1437
public employer under subparagraph (6)(a)4. 1438
(5) If the commission, after a hearing on notice conducted 1439
according to rules adopted promulgated by the commission, 1440
determines that a public an employee has violated s. 447.505, it 1441
may order the termination of such employee's his or her 1442
employment by the public employer. Notwithstanding any other 1443
provision of law, a person knowingly violating s. 447.505 the 1444
provision of said section may, subsequent to such violation, be 1445
appointed, reappointed, employed, or re employed as a public 1446
employee, but only upon the following conditions: 1447
(a) Such person shall be on probation for a period of 18 1448
months after following his or her appointment, reappointment, 1449
employment, or reemployment, during which period he or she shall 1450
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serve without permanent status and at the pleasure of the agency 1451
head. 1452
(b) His or her compensation may not in no event exceed the 1453
compensation that received immediately before prior to the time 1454
of the violation. 1455
(c) The compensation of the person may not be increased 1456
until at least after the expiration of 1 year after from such 1457
appointment, reappointment, employment, or reemployment. 1458
(6)(a) If the commission determines that an employee 1459
organization has violated s. 447.505, it may: 1460
1. Issue cease and desist orders as necessary to ensure 1461
compliance with its order. 1462
2. Suspend or revoke the certification of the employee 1463
organization as the bargaining agent of such bargaining employee 1464
unit. 1465
3. Revoke any requirement of the public employer to engage 1466
in membership the right of dues deduction for and collection 1467
previously granted to said employee organization pursuant to s. 1468
447.303. 1469
4. Fine the organization up to $120,000 $20,000 for each 1470
calendar day of such violation or determine the approximate cost 1471
to the public due to each calendar day of the strike and fine 1472
the organization an amount equal to such cost, even if the fine 1473
exceeds $120,000 notwithstanding the fact that the fine may 1474
exceed $20,000 for each such calendar day. The fines so 1475
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collected shall immediately accrue to the public employer and 1476
must shall be used by the public employer him or her to replace 1477
those services denied the public as a result of the strike. In 1478
determining the amount of damages, if any, to be awarded to the 1479
public employer, the commission must consider shall take into 1480
consideration any action or inaction by the public empl oyer or 1481
its agents that provoked, or tended to provoke, the strike by 1482
the public employees. 1483
Section 20. Subsection (3) of section 447.509, Florida 1484
Statutes, is renumbered as subsection (6), and new subsections 1485
(3), (4), and (5) are added to that sectio n to read: 1486
447.509 Other unlawful acts ; exceptions.— 1487
(3) Public employers, their agents or representatives, or 1488
any persons acting on their behalf may not provide any form of 1489
compensation or paid leave to a public employee, directly or 1490
indirectly, for the purpose of engaging in employee organization 1491
activities. 1492
(4) Notwithstanding subsection (3), if the public employer 1493
and the bargaining agent agree, a public employee may do all of 1494
the following: 1495
(a) Be granted time off without pay or benefits to eng age 1496
in employee organization activities. An employee organization 1497
may compensate a public employee for engaging in employee 1498
organization activities. 1499
(b) Use compensated personal leave, whether the leave is 1500
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the public employee's or is voluntarily donated by other public 1501
employees in the bargaining unit, to engage in employee 1502
organization activities if: 1503
1. The leave is accrued at the same rate by similarly 1504
situated public employees in the bargaining unit without regard 1505
to membership in or participation with an employee organization. 1506
2. The public employee may freely choose how to use such 1507
leave. 1508
(c) Engage in representational employee organization 1509
activities on behalf of a bargaining agent while in a duty 1510
status without loss of pay or benefits if: 1511
1. The bargaining agent reports to the public employer at 1512
least biannually the amount of time, in increments rounded to 1513
the nearest quarter of an hour, each public employee in the 1514
bargaining unit engaged in representational employee 1515
organization activities each day. 1516
2. The public employer calculates the pro rata value of 1517
compensation, including wages and fringe benefits, paid to or 1518
accrued by a public employee for time spent engaged in 1519
representational employee organization activities and provides 1520
an invoice for such amounts to the bargaining agent at least 1521
biannually. 1522
3. The bargaining agent remits full payment to the public 1523
employer within 30 days after receipt of an invoice. 1524
(5) Subsections (3) and (4) do not apply to public 1525
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employees in a bargainin g unit in which the majority of the 1526
public employees are public safety employees. 1527
Section 21. Section 447.609, Florida Statutes, is amended 1528
to read: 1529
447.609 Representation in proceedings. —Any full-time 1530
employee or officer of any public employer or em ployee 1531
organization may represent his or her employer or any public 1532
employee in member of a bargaining unit in any proceeding 1533
authorized in this part, excluding the representation of any 1534
person or public employer in a court of law by a person who is 1535
not a licensed attorney. 1536
Section 22. Subsection (3) of section 110.114, Florida 1537
Statutes, is amended to read: 1538
110.114 Employee wage deductions. — 1539
(3) Notwithstanding the provisions of subsections (1) and 1540
(2), the deduction of an employee's membership dues deductions 1541
as defined in s. 447.203 s. 447.203(15) for an employee 1542
organization as defined in s. 447.203 s. 447.203(11) shall be 1543
authorized or permitted only for an organization that has been 1544
certified as the exclusive bargaining agent pursuant to chapter 1545
447 for a unit of state employees in which the employee is 1546
included. Such deductions shall be subject to the provisions of 1547
s. 447.303. 1548
Section 23. Paragraph (w) of subsection (2) of section 1549
110.205, Florida Statutes, is amended to read: 1550
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110.205 Career service; exemptions. — 1551
(2) EXEMPT POSITIONS. —The exempt positions that are not 1552
covered by this part include the following: 1553
(w) Managerial employees and, as defined in s. 447.203(4), 1554
confidential employees, as those terms are defined in s. 447.203 1555
s. 447.203(5), and supervisory employees who spend the majority 1556
of their time communicating with, motivating, training, and 1557
evaluating employees, and planning and directing employees' 1558
work, and who have the authority to hire, transfer, suspend, lay 1559
off, recall, promote, discharge, assign, reward, or discipline 1560
subordinate employees or effectively recommend such action, 1561
including all employees serving as supervisors, administrators, 1562
and directors. Excluded are employees also designated as special 1563
risk or special risk administrative support and attorneys who 1564
serve as administrative law judges pursuant to s. 120.65 or for 1565
hearings conducted pursuant to s. 120.57(1)(a). Additionally, 1566
registered nurses licensed under chapter 464, dentists licensed 1567
under chapter 466, psychologists licensed under chapter 490 or 1568
chapter 491, nutritionists or dietitians licensed under part X 1569
of chapter 468, pharmacists licensed under chapter 465, 1570
psychological specialists licensed under chapter 491, physical 1571
therapists licensed under cha pter 486, and speech therapists 1572
licensed under part I of chapter 468 are excluded, unless 1573
otherwise collectively bargained. 1574
Section 24. Subsection (6) of section 112.3187, Florida 1575
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Statutes, is amended to read: 1576
112.3187 Adverse action against employee for disclosing 1577
information of specified nature prohibited; employee remedy and 1578
relief.— 1579
(6) TO WHOM INFORMATION DISCLOSED. —The information 1580
disclosed under this section must be disclosed to any agency or 1581
federal government entity having the authority to investigate, 1582
police, manage, or otherwise remedy the violation or act, 1583
including, but not limited to, the Office of the Chief Inspector 1584
General, an agency inspector general or the employee designated 1585
as agency inspector general under s. 112.3189(1) or insp ectors 1586
general under s. 20.055, the Florida Commission on Human 1587
Relations, and the whistle -blower's hotline created under s. 1588
112.3189. However, for disclosures concerning a local 1589
governmental entity, including any regional, county, or 1590
municipal entity, spe cial district, community college district, 1591
or school district or any political subdivision of any of the 1592
foregoing, the information must be disclosed to a chief 1593
executive officer as defined in s. 447.203 s. 447.203(9) or 1594
other appropriate local official. 1595
Section 25. Subsection (5) of section 121.031, Florida 1596
Statutes, is amended to read: 1597
121.031 Administration of system; appropriation; oaths; 1598
actuarial studies; public records. — 1599
(5) The names and addresses of retirees are confidential 1600
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and exempt from the provisions of s. 119.07(1) to the extent 1601
that no state or local governmental agency may provide the names 1602
or addresses of such persons in aggregate, compiled, or list 1603
form to any person except to a public agency engaged in official 1604
business. However, a state or local government agency may 1605
provide the names and addresses of retirees from that agency to 1606
a bargaining agent as defined in s. 447.203 s. 447.203(12) or to 1607
a retiree organization for official business use. Lists of names 1608
or addresses of retirees may be exchanged by public agencies, 1609
but such lists shall not be provided to, or open for inspection 1610
by, the public. Any person may view or copy any individual's 1611
retirement records at the Department of Management Services, one 1612
record at a time, or may obtain information by a separate 1613
written request for a named individual for which information is 1614
desired. 1615
Section 26. Subsection (1) of section 447.02, Florida 1616
Statutes, is amended to read: 1617
447.02 Definitions. —The following terms, when u sed in this 1618
chapter, shall have the meanings ascribed to them in this 1619
section: 1620
(1) The term "labor organization" means any organization 1621
of employees or local or subdivision thereof, having within its 1622
membership residents of the state, whether incorporate d or not, 1623
organized for the purpose of dealing with employers concerning 1624
hours of employment, rate of pay, working conditions, or 1625
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grievances of any kind relating to employment and recognized as 1626
a unit of bargaining by one or more employers doing business i n 1627
this state, except that an "employee organization," as defined 1628
in s. 447.203 s. 447.203(11), shall be included in this 1629
definition at such time as it seeks to register pursuant to s. 1630
447.305. 1631
Section 27. Subsection (2) of section 1011.60, Florida 1632
Statutes, is amended to read: 1633
1011.60 Minimum requirements of the Florida Education 1634
Finance Program.—Each district which participates in the state 1635
appropriations for the Florida Education Finance Program shall 1636
provide evidence of its effort to maintain an ad equate school 1637
program throughout the district and shall meet at least the 1638
following requirements: 1639
(2) MINIMUM TERM.—Operate all schools for a term of 180 1640
actual teaching days or the equivalent on an hourly basis as 1641
specified by rules of the State Board o f Education each school 1642
year. The State Board of Education may prescribe procedures for 1643
altering, and, upon written application, may alter, this 1644
requirement during a national, state, or local emergency as it 1645
may apply to an individual school or schools in any district or 1646
districts if, in the opinion of the board, it is not feasible to 1647
make up lost days or hours, and the apportionment may, at the 1648
discretion of the Commissioner of Education and if the board 1649
determines that the reduction of school days or hour s is caused 1650
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by the existence of a bona fide emergency, be reduced for such 1651
district or districts in proportion to the decrease in the 1652
length of term in any such school or schools. A strike, as 1653
defined in s. 447.203 s. 447.203(6), by employees of the school 1654
district may not be considered an emergency. 1655
Section 28. This act shall take effect July 1, 2025. 1656