STORAGE NAME: h1387.GOS
DATE: 3/23/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1387
TITLE: Public Employees Relations Commission
SPONSOR(S): Persons-Mulicka
COMPANION BILL: SB 1766 (Ingoglia)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Government Operations
State Administration Budget
State Affairs
SUMMARY
Effect of the Bill:
The bill prohibits public employers from funding general employee organization activities; however,
representational employee organization activities—such as bargaining or grievance-related duties—may be
compensated if specific conditions are met and the public employer is fully reimbursed. The bill consolidates the
certification, recertification, and decertification processes for employee bargaining units. Election standards for
non-public safety bargaining units are modified under the bill to require majority support among all employees,
rather than only a majority of those voting. The bill standardizes the issuance of final orders across several
employment-related appeals to align with the Administrative Procedure Act (APA), updates service of process
requirements, and clarifies that statements of general applicability issued by the Public Employees Relations
Commission (PERC) during adjudication are not considered rules under the APA. It revises membership
authorization and financial reporting requirements. The bill also raises the compensation for PERC commissioners.
Penalties for unlawful strikes are increased, and a substantial interest standing requirement is established for filing
unfair labor practice charges. The bill also authorizes PERC to deny insufficient petitions without a hearing and
clarifies that PERC’s decisions in registration matters constitute final agency action subject to judicial review. The
bill’s material provisions do not apply to bargaining units composed primarily of public safety employees.
Fiscal or Economic Impact:
The bill will likely have a negative, indeterminate fiscal impact on the state.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Registration
Currently, employee organizations have to register with the Public Employees Relations Commission (PERC)
before being certified and must thereafter annually renew their registration. The bill requires that a registration
renewal application include the certification number assigned to the bargaining unit by PERC and that a copy be
provided within 30 days to both the public employer and the public employees in the unit. It extends the deadline
for an employee organization to cure deficiencies in a renewal application from 10 days to 30 days before PERC
must dismiss the application. In addition, the bill requires PERC to notify the employee organization once its
submission is deemed complete, and it ties the timeline for filing a recertification petition to the date of that
notification. If an employee organization fails to timely petition for recertification when required, or fails to comply
with any other registration renewal requirements, PERC must revoke its certification, and the organization is
barred from seeking certification for that bargaining unit for 12 months. (Section 10)
The bill provides that public employer or employee challenges to registration renewal applications must be based
on material inaccuracies, rather than minor or technical errors. It also clarifies that the challenge applies
specifically to the specific application being submitted and aligns the challenge process with PERC’s existing
investigative authority. The bill also authorizes a designated agent of PERC to conduct such investigations. In
addition, it clarifies that any PERC decision revoking certification or registration, or granting, denying, or JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
dismissing a registration renewal application, constitutes final agency action subject to judicial review. The bill also
exempts employee organization registrations from the licensing provisions of the Administrative Procedure Act.
(Section 10)
These provisions do not apply to bargaining units primarily composed of public safety employees. (Section 10)
Certification, Recertification, and Decertification
Once registered, under current law, an employee organization must become certified before it may represent the
individuals in a particular bargaining unit. An employee organization must recertify under current law if less than
60 percent of the unit employees have submitted membership authorization forms and paid dues to the
organization. The bill consolidates the provisions that govern the certification, recertification, and the revocation of
certification of employee organizations. Revocation of an employee organization’s certification is renamed
“decertification” under the bill. (Section 11)
The bill eliminates the ability of public employers and employee organizations to voluntarily agree to certification,
and, instead, requires all certification, recertification, and decertification efforts to be initiated by a petition
supported by signature cards from at least 30 percent of the employees in the proposed or existing bargaining unit.
In all employee organization elections—whether the election is for the initial certification, annual recertification,
or decertification—the bill requires that a vote of the majority of all employees in the bargaining unit, rather than
the majority of those voting, is needed for certification, recertification, or decertification. However, the election
threshold for bargaining units in which the majority of employees are public safety employees remains at a
majority of those voting for initial certification and decertification (public safety bargaining units are not subject to
annual recertification). (Section 11)
The bill authorizes the Public Employees Relations Commission (PERC) to deny a petition for certification as a
bargaining unit without holding a hearing, and clarifies that a hearing may be held at PERC’s discretion upon due
notice. Additionally, the bill consolidates and clarifies the timing restrictions for filing certification and
decertification petitions, specifying that such petitions may not be filed within 12 months of a prior election. When
a valid collective bargaining agreement is in effect, a petition for certification or decertification must be filed at
least 90 but no more than 150 days before the agreement’s expiration or before the date of ratification or effect,
whichever is later. Certifications, rectifications, and revocations are effective upon the issuance of a final order by
PERC, or, if appealed, at the time the appeal is exhausted or any stay is lifted. (Sections 11 and 12)
The bill specifies that, for purposes of meeting the 60 percent dues-paying-membership threshold to determine
whether recertification is necessary, only those employees who have paid full membership dues sufficient to
maintain good standing in the bargaining unit may be counted. The threshold must be measured based on a fixed
snapshot in time—specifically, the last business day of the second full calendar month preceding the union’s
registration renewal deadline. (Section 10)
Employee Organization Activities
The bill prohibits public employers from providing compensation or paid leave (i.e., “release time”) to public
employees for the purpose of engaging in “employee organization activities.” The bill defines “employee
organization activities” to include:
Supporting or opposing a candidate for federal, state, or local public office.
Influencing the passage or defeat of any federal or state legislation or regulation, local ordinance or
resolution, or ballot measure.
Promoting or soliciting membership or participation in, or financial support of, an employee organization
or any parent organization or affiliate of the employee organization.
Seeking certification as a bargaining agent.
Participating in the administration, business, or internal governance of an employee organization or any
parent organization or affiliate of the employee organization.
Preparing, conducting, or attending employee organization events, conferences, conventions, meetings, or
training (unless such training is directly related to the performance of the employee’s job).
Distributing communications of an employee organization or any parent organization or affiliate of the
employee organization.(Section 5) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
However, the bill provides exceptions to the general prohibition for certain activities, if agreed to by the public
employer and bargaining agent. Those activities include using:
Unpaid leave to engage in union activities (with compensation allowed from the employee organization).
Accrued or voluntarily donated personal leave, as long as the leave is accrued at the same rate as similarly
situated employees and used at the employee’s discretion.
Paid release time for “representational employee organization activities,” which is defined to be activities
such as bargaining or grievance representation, provided specific reporting and invoicing requirements are
met and the bargaining agent fully reimburses the public employer. (Section 20)
The bill’s restrictions on employee organization activities do not apply to bargaining units composed primarily of
public safety employees. (Section 20)
Membership Authorization and Dues Collection
The bill amends various provisions relating to membership authorization procedures. It revises the disclaimer
language required on membership authorization forms, establishes a 30-day timeframe for employee
organizations to cease dues collection following a revocation request, and replaces lengthy descriptive language
with the newly defined term “public safety employee.” It also updates the required content of membership
authorization forms to align with expanded financial disclosure requirements under the registration renewal
process. The financial reporting requirements are expanded under the bill to include additional types of
compensation, such as wages and fringe benefits, and to clarify that payments from parent organizations and
affiliates must also be reported. In addition, the bill requires reporting of any reimbursements paid by the
employee organization to a public employer for compensation the employer provided to an officer or employee.
(Sections 8 and 10)
The bill provides that a public employer must engage membership dues deduction for a public safety employee
upon the employee’s written authorization, rather than upon the bargaining agent’s written request as currently
provided in law. (Section 9)
Administrative Procedure Act Alignment
The bill standardizes the issuance of final orders across various employment-related statutes by aligning them
with the procedures outlined in the Administrative Procedure Act (APA). This change is applied to final orders
issued in career service appeals, Drug-Free Workplace Act appeals, and veteran’s preference claims. The bill
amends the timeframe to hold an appeal hearing under the Drug-Free Workplace Act from 30 days to 60 days,
aligning with the timeframe provided for career service appeals. The bill provides that any statement of general
applicability issued by PERC in the course of adjudicating a case that interprets law or policy does not constitute a
rule under the APA. (Sections 1, 2, 4, and 7)
Miscellaneous Changes
The bill makes the following additional changes:
Requires the chair of PERC to be paid an annual salary equal to that of a circuit court judge (i.e., $196,898
for the 2024-2025 fiscal year). The other commissioners will receive an annual salary equal to one-half that
amount (i.e., $98,449). (Section 6)
Authorizes service of process for subpoenas, notices of hearing, or other notices of PERC to be
accomplished by personal delivery or any method that establishes proof of delivery, rather than limiting
service to personal delivery or certified mail, as under current law. (Section 7)
Expands an existing waiver provision allowing PERC to waive specified provisions of law if necessary to
preserve a public employer’s eligibility for federal transit funding. The bill allows PERC to waive any
provision of the Public Employees Relations Act (PERA) as necessary to comply with federal law. (Section
7)
Clarifies the legal status of collective bargaining agreements that conflict with binding law. Specifically, it
removes language requiring the chief executive officer of a public employer to submit a proposed
amendment to law or ordinance when a conflict exists between the law or ordinance and a CBA. The bill
also requires collective bargaining agreements to fully incorporate all negotiated or impasse-resolved JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
terms and conditions of employment, and removes language suggesting that refences to merit or civil
service rules may be excluded. (Section 13)
Revises the method of serving special magistrate recommended decisions by removing the requirement
that they be sent by registered mail, return receipt requested, and instead authorizes any method of service
that establishes proof of delivery. (Section 15)
Increases the monetary penalty for unlawful strikes by employee organizations from $20,000 to $120,000
per day. In cases where an injunction is not complied with, the bill raises the penalty on employee
organizations from $5,000 to $30,000, and increases the daily fine for officers, agents, or representatives of
the employee organization from $50-$100 to $300-$600. The bill also establishes that only parties with a
substantial interest may bring unfair labor practice charges before PERC. (Sections 18 and 19)
Adds definitions for “membership dues,” “signature card,” and “public safety employee” to PERA. (Section
5)
Exempts employee organization registrations from the licensing provisions of the APA. (Section 3)
Makes various organizational and technical changes. (Multiple Sections)
Effective Date
The effective date of the bill is July 1, 2025. (Section 28)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill will likely have an indeterminate negative fiscal impact on the state. The bill increases the salaries of PERC
commissioners, which will result in increased personnel costs. Additionally, the bill expands PERC’s administrative
responsibilities, which may necessitate additional staff or operational resources. Public employers may also incur
costs related to tracking, invoicing, and processing reimbursements for time spent by employees on
representational employee organization activities.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Right-to-Work
The State Constitution provides that the “right of persons to work shall not be denied or abridged on account of
membership or non-membership in any labor union or labor organization.”
1 Based on this constitutional right,
Florida is regarded as a “right-to-work” state.
Public Employees Relations Act
The State Constitution also guarantees that “the right of employees, by and through a labor organization, to bargain
collectively shall not be denied or abridged.”
2 To implement this constitutional provision, the Legislature enacted
the Public Employees Relations Act, which provides that the purpose of collective bargaining is to promote
cooperative relationships between the government and its employees and to protect the public by assuring the
orderly and uninterrupted operations and functions of government.
3 Public employees have the right to form, join,
participate in, and be represented by an employee organization of their own choosing, or to refrain from forming,
joining, participating in, or being represented by an employee organization.
4 Regardless of union membership,
each employee is subject to the negotiated collective bargaining agreement that is applicable to the employee’s
position. Through collective bargaining, public employees
5 collectively negotiate with their public employer
6 in the
1
Art. I, s. 6., FLA. CONST.
2
Id.
3
S. 447.201, F.S.
4
S. 447.301(1) and (2), F.S.
5
See s. 447.203(3), F.S.
6
The term “public employer” means the state or any county, municipality, or special district or any subdivision or agency
thereof that the commission determines has sufficient legal distinctiveness properly to carry out the functions of a public
employer. S. 447.203(2), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
determination of the terms and conditions of their employment.
7 The Public Employees Relations Commission
(PERC) is responsible for assisting in resolving disputes between public employees and public employers.
8
Registration of Employee Organization
An employee organization
9 that seeks to become a certified bargaining agent for public employees must register
with PERC before requesting recognition by a public employer for purposes of collective bargaining and submitting
a petition to PERC to request certification as an exclusive bargaining agent.
10 The application for registration must
include:
The name and address of the organization and of any parent organization or organization with which it is
affiliated;
The names and addresses of the principal officers and all representatives of the organization;
The amount of the initiation fee, and the amount and collection frequency of the monthly dues and uniform
assessments that members must pay;
The current annual financial statement of the organization as prepared by an independent certified public
accountant who is licensed under ch. 473, F.S.;
The name of its business agent, if any; the name of its local agent for service of process, if different from the
business agent; and the addresses where such person or persons can be reached;
A pledge, in a form prescribed by the commission, that the employee organization will conform to the laws
of the state and that it will accept members without regard to age, race, sex, religion, or national origin;
A copy of the current constitution and bylaws of the employee organization; and
A copy of the current constitution and bylaws of the state and national groups with which the employee
organization is affiliated or associated. In lieu of this provision, and upon adoption of a rule by the
commission, a state or national affiliate or parent organization of any registering labor organization may
annually submit a copy of its current constitution and bylaws.
11
A registration granted to an employee organization is valid for one year from the date of issuance. A registration
must be renewed annually by filing an application for renewal under oath with PERC. An application for renewal
must reflect any changes in the information provided to PERC in conjunction with the employee organization’s
preceding application for registration or previous renewal. Each application for renewal of registration must
include a current annual financial statement with the following information:
12
Assets and liabilities at the beginning and end of the fiscal year;
Receipts of any kind and the sources thereof;
Disbursements by category;
Salary, allowances, and other direct or indirect disbursements to each officer and to each employee who
received during the fiscal year more than $10,000 in the aggregate from the employee organization and any
affiliated employee organization;
Direct and indirect loans made to any officer, employee, member which aggregated more than $250 during
the fiscal year; and
Direct and indirect loans to any business enterprise.
A registration fee of $15 must be submitted for each registration and renewal.
13
7
S. 447.301(2), F.S.
8
S. 447.201(3), F.S.
9
S. 447.203(11), F.S., defines employee organization as any “labor organization, union, association, fraternal order,
occupational or professional society, or group, however organized or constituted, which represents, or seeks to represent, any
public employee or group of public employees concerning any matters relating to their employment relationship with a public
employer.”
10
S. 447.305(1), F.S.
11
S. 447.305(1)(a)–(h), F.S.
12
S. 447.305(2), F.S.
13
S. 447.305(10), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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In addition, certain employee organizations
14 must submit the following information for any renewal of
registration:
The number of employees in the bargaining unit who are eligible for representation by the employee
organization.
The number of employees in the bargaining unit who have submitted signed membership authorization
forms without a subsequent revocation of such membership.
The number of employees in the bargaining unit who paid dues to the employee organization.
The number of employees in the bargaining unit who did not pay dues to the employee organization.
Documentation provided by an independent certified public accountant retained by the employee
organization which verifies the information provided.
15
Certification of Employee Organization as Bargaining Agent
After registering with PERC, an employee organization may begin the certification process. Any employee
organization that is selected by a majority of public employees in a designated unit as their representative for
collective bargaining purposes can request recognition by the public employer.
The employer, if satisfied as to the majority status of the employee organization and the appropriateness of the
unit, must recognize the employee organization as the collective bargaining representative of employees in the
designated unit. Following recognition by the employer, the employee organization must immediately petition the
commission for certification.
16 PERC will review only the appropriateness of the unit proposed by the employee
organization. Appropriateness is defined as the history of employee relations within the organization of the public
employer concerning organization and negotiation and the interest of the employees and the employer.
17 If the unit
is appropriate, PERC will immediately certify the employee organization as the exclusive representative of all
employees in the unit. If the unit is inappropriate, PERC may dismiss the petition.
If the public employer refuses to recognize the employee organization, the employee organization may file a
petition with PERC for certification as the bargaining agent. The petition has to be accompanied by dated
statements signed by at least 30 percent of the employees in the proposed unit. Both the employee organization’s
petition and the interested employees’ dated signed statements are confidential and exempt from disclosure
pursuant to public records laws.
18 PERC will investigate the petition to determine its sufficiency, and provide for an
appropriate hearing upon notice, and may order an election by secret ballot. Any registered employee organization
that desires to be placed on the ballot in any election may be permitted by the commission to intervene. If an
employee organization is selected by the majority of the employees who vote in the election, the commission must
certify the employee organization as the exclusive collective representative for all employees in the unit.
19
Authority of the Certified Bargaining Agent
The certified bargaining agent and the chief executive of the public employer must bargain collectively and in good
faith in the determination of wages, hours, and terms and conditions of employment of the employees.
20 Any
collective bargaining agreement reached between the parties must be put in writing and signed by the chief
executive officer and the bargaining agent.
21 Such agreement is not binding on the employer until the agreement
has been ratified by the employer and the employees in the bargaining unit.
22 Current law prohibits a collective
bargaining agreement from providing for a term of existence of more than three years and requires the agreement
to contain all of the terms and conditions of employment of the employees during such term.
23 The bargaining
14
Employee organizations that have been certified as the bargaining agent to represent law enforcement officers, correctional
officers, correctional probation officers, or firefighters are exempt from providing this information. S. 447.305(9), F.S.
15
S. 447.305(3), F.S.
16
S. 447.307(1)(a), F.S.
17
S. 447.307(4)(f), F.S.
18
S. 447.307(2), F.S.
19
S. 447.307(3)(a-d), F.S.
20
S. 447.309(1), F.S.
21
Id.
22
Id.
23
S. 447.309(5), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
agent also has the authority to process grievances to settle disputes between the employer and the employees in
the bargaining unit.
24
Decertification
An employee or group of employees who no longer desires to be represented by the certified bargaining agent may
file with PERC a petition to revoke certification. The petition must be accompanied by dated statements signed by
at least 30 percent of the employees in the unit, indicating that such employees no longer desire to be represented
by the certified bargaining agent. If PERC finds the petition to be sufficient, it must immediately order an election
by secret ballot.
25
If a majority of voting employees vote against the continuation of representation by the certified bargaining agent,
the organization’s certification is revoked.
26 Otherwise, the employee organization is retained as the exclusive
bargaining agent for the unit.
27
An employee organization that has applied for a renewal of its registration must petition for recertification as a
bargaining unit if it has less than 60 percent of its unit members paying dues during the prior registration period. If
the employee organization fails to petition PERC for recertification as the exclusive representative of the
bargaining unit within one month of its application of renewal of registration, the certification is revoked.
28
PERC may initiate an investigation to confirm the validity of the information submitted in the registration or
renewal of registration. PERC may revoke or deny an employee organizations registration or certification if PERC
finds that the employee organization failed to cooperate with the investigation intentionally misrepresented the
information submitted on the registration or renewal.
29
Membership Authorization Procedures
Employees eligible for union representation must sign a membership authorization form in order to be a member
of an employee organization. The form is prescribed by PERC and contain certain information and statements. A
member of an employee organization must be allowed to revoke membership at any time upon the employee
organization’s receipt of the written revocation. PERC is granted rulemaking authority to implement the
requirements of the membership authorization form and the revocation of membership.
30 PERC has prescribed a
membership authorization form
31 which requires certain information regarding the employee organization and
other information specific to the employee. The employee organization or another person may assist the employee
in completing the form. The employee must sign and date the form.
The requirement for a signed membership form, and the provisions relating to the revocation of membership do
not apply to members of an employee organization certified as a bargaining agent to represent law enforcement
officers, correctional officers, correctional probation officers, and firefighters.
32
Federal Transit Act
As a precondition to a grant of federal assistance by the United States Department of Transportation’s Federal
Transit Administration (FTA), the Federal Transit Act
33 requires fair and equitable protective arrangements be
made to protect the labor rights of transit employees affected by such assistance. Specifically, the statute requires
the following matters be included in such protective arrangements:
The preservation of rights, privileges, and benefits under existing collective bargaining agreements.
The continuation of collective bargaining rights.
24
S. 447.401, F.S.
25
S. 447.308(1), F.S.
26
S. 447.308(2), F.S.
27
S. 447.308(3), F.S.
28
S. 447.305(6), F.S.
29
S. 447.305(8), F.S.
30
S. 447.301(1), F.S.
31
PERC, Employee Organization Membership Authorization Form (last visited March 21, 2025).
32
S. 447.301(1)(b)6., F.S.
33
49 U.S.C. ch. 53. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
The protection of employees against a worsening of their positions with respect to their employment.
Assurances of employment to employees of acquired mass transportation systems and priority of
reemployment for employees terminated or laid off.
Paid training or retraining programs.
34
The U.S. Department of Labor must certify that protective arrangements are in place and meet the above
requirements before the FTA can release grant funds. Accordingly, states and local governments that violate the
provisions of this law risk losing access to federal funding for public transportation projects. In 2022, Florida
received approximately $529 million to improve public transportation options throughout the state.
35
“Release Time” or “Paid Union Leave”
Release time is a negotiated benefit wherein a public employer releases an employee from duty work during work
hours to tend to union activities or business while being compensated by the public employer. The provision of
release time is a contractual benefit, not statutory, that may be found in the collective bargaining agreement, school
board policy, personnel manual, or other procedures and practices.
36
Current law provides that “a public employer or their agent or representative is prohibited from…contributing
financial support to a union.”
37 Therefore, release time cannot constitute a payment or benefit to the union in the
form of salary paid to the employee for union work. Employer-funded release time does not violate the law if the
paid release time is used for official union business, such as the direct representation of employees in grievances,
discipline meetings, or contract negotiations.
38 PERC has found other activities, such as attendance at a union-
sponsored picnic, lobbying for political issues, coordinating with other unions, or the continued payment of a
salary for unspecified union activities, to be an improper use of release time that constitutes an unfair labor
violation prohibited by Florida law.
39
Circuit Court Judge Salary
Current law requires the salary of circuit court judges to be fixed annually in the General Appropriations Act.
40 For
the 2024-2025 fiscal year circuit judges are paid an annual salary of $196,898.
41
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023 CS/CS/SB 256 Black Ingoglia The bill became law on May 9,
2023.
2024 CS/SB 1746 Black Ingoglia The bill became law on March
22, 2024.
34
49 U.S.C. s. 5333(b).
35
The National Archives, Building a Better America (last visited March 22, 2025).
36
School Board of Volusia County, Michael Dyer, Avoiding Paid Union Leave Pitfalls After PERC’s Decision in Allen v. United
Faculty of Miami-Dade College (last visited March 21, 2025).
37
S. 457.501(1)(e), F.S.
38
United Faculty of Florida v. Florida A&M University Board of Trustees, 32 FPER 34 (2006).
39
Del Pino Allen v. Miami-Dade College, CA-2015-070 (Last visited Mach 21, 2025).
40
S. 29.23(1), F.S.
41
Ch. 2024-231, s.8, L.O.F. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Government Operations
Subcommittee
Toliver Villa
State Administration Budget
Subcommittee
State Affairs Committee