STORAGE NAME: h1387a.GOS DATE: 3/26/2025 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 #: CS/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 10 Y, 7 N, As CS State Administration Budget State Affairs SUMMARY Effect of the Bill: The bill prohibits public employers from funding employee organization activities; however, such activities 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. 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 through a registration renewal application. The bill requires the renewal application to include the certification number, which is assigned to the bargaining unit by PERC after certification, and requires a copy of the application to be provided to both the public employer and the public employees in the unit within 30 days. It extends the deadline for an employee organization to cure deficiencies in a registration 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 renewal submission is deemed complete. If an employee organization fails to comply with any registration renewal requirement, 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 dismissing a registration renewal application, constitutes final agency action subject to judicial review. The bill also JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 2 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 showing of interest 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 with the bargaining agent 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. The bill starts the timeline for filing a recertification petition on the date of the notification that the employee’s organization application is complete. If an employee organization fails to timely petition for recertification when required, PERC must revoke its certification, and the organization is barred from seeking certification for that bargaining unit for 12 months. (Section 10) Employee Organization Activities The bill prohibits public employers from providing compensation or paid leave (colloquially known as “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). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 3 Distributing communications of an employee organization or any parent organization or affiliate of the employee organization. Representing or speaking on behalf of an employee organization or any parent organization or affiliate of the employee organization in any setting, venue, or procedure in which the public employer is not a participant. Preparing, filing, or pursuing unfair labor practice charges or grievances. Representing public employees in investigatory interviews; disciplinary proceedings or appeals, including termination; or other administrative or legal proceedings. Engaging in collective bargaining and any related mediation, factfinding, or arbitration. Administering a collective bargaining agreement. Participating in labor-management committees. (Sections 5 and 20) 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, provided specific reporting and invoicing requirements are met and the bargaining agent fully reimburses the public employer. (Section 20) In addition, the bill prohibits public employers, during representation elections or campaigns leading up to representation elections, from discriminating among employee organizations or public employees regarding access to or use of the public employer’s meetings, events, facilities, communications systems, mailboxes, computer systems, equipment, supplies, or other resources for the purposes of supporting or opposing the certification, recertification, or decertification of a bargaining agent. (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) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 4 Miscellaneous Changes The bill makes the following additional changes: 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 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,” “showing of interest,” 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 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 1 Art. I, s. 6., FLA. CONST. 2 Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 5 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 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; 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. 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. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 6 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 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 13 S. 447.305(10), F.S. 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. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 7 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 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. 20 S. 447.309(1), F.S. 21 Id. 22 Id. 23 S. 447.309(5), F.S. 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). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 8 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. 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 “public employers or their agents or representatives are prohibited from…contributing financial support to an [employee organization].” 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 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. 32 S. 447.301(1)(b)6., F.S. 33 49 U.S.C. ch. 53. 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. 447.501(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). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 9 BILL HISTORY COMMITTEE REFERENCE ACTION DATE STAFF DIRECTOR/ POLICY CHIEF ANALYSIS PREPARED BY Government Operations Subcommittee 10 Y, 7 N, As CS 3/25/2025 Toliver Villa THE CHANGES ADOPTED BY THE COMMITTEE: The amendment: Removed a provision relating to the salary of PERC commissioners. Prohibited public employers from discriminating against employee organizations during representation elections by denying access to certain facilities and resources. Authorized public employees to participate in employee organization activities during work hours, provided certain conditions are met. Replaced references to “signature card” with “showing of interest.” Made other technical changes. State Administration Budget Subcommittee State Affairs Committee ------------------------------------------------------------------------------------------------------------------------------------- THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE. -------------------------------------------------------------------------------------------------------------------------------------