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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
revising the seal of the Public Employee s Relations 16
Commission; amending s. 447.207, F.S.; authorizing 17
subpoenas, notices, and other documents to be served 18
by any method of service that establishes proof of 19
delivery, rather than by certified mail; authorizing 20
the commission, under certain circum stances, to waive 21
the application of any provision of part II of ch. 22
447, F.S., rather than only specified provisions; 23
amending s. 447.301, F.S.; revising a specified 24
statement in a membership authorization form; 25
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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
requiring an employee organization, within a specified 26
timeframe, to revoke the membership of and cease the 27
collection of membership dues from a public employee; 28
amending s. 447.303, F.S.; conforming provisions to 29
changes made by the act; amending s. 447.305, F.S.; 30
revising the application for empl oyee organization 31
registration; revising certain information required 32
for an application for renewal of registration; 33
requiring an employee organization to provide an 34
application for renewal of registration to certain 35
persons within a specified timeframe; requiring a 36
bargaining agent to provide missing information to the 37
commission within a specified timeframe; requiring the 38
commission to dismiss an application for renewal of 39
registration under certain circumstances; requiring a 40
bargaining agent to petition for recertification 41
within a specified timeframe after submission of 42
certain information; authorizing a public employer or 43
public employee of a bargaining unit to challenge an 44
application for renewal of registration as materially 45
inaccurate during specifi ed timeframes; requiring the 46
commission or one of its designated agents to conduct 47
an investigation if a challenge is filed; exempting 48
certain employee organizations from a specified 49
requirement; requiring a registration fee for 50
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applications for registrati on and renewal of 51
registration; requiring certain employee organization 52
accounts to be open for inspection at a reasonable 53
time and place; providing for the revocation of an 54
employee organization's certification under certain 55
circumstances; providing that certain decisions issued 56
by the commission are final agency actions; amending 57
s. 447.307, F.S.; revising requirements for the 58
certification, recertification, and decertification of 59
an employee organization; repealing s. 447.308, F.S., 60
relating to revocatio n of certification of an employee 61
organization; amending s. 447.309, F.S.; removing 62
provisions relating to conflicts between any 63
collective bargaining agreement provision and any law, 64
ordinance, rule, or regulation; requiring certain 65
agreements to be retur ned to the bargaining agent, 66
rather than the employee organization; requiring 67
collective bargaining agreements to contain specified 68
terms and conditions; amending s. 447.401, F.S.; 69
conforming provisions to changes made by the act; 70
amending s. 447.403, F.S. ; authorizing the recommended 71
decision of a special magistrate from an impasse 72
hearing to be transmitted by any method of service 73
that establishes proof of delivery, rather than a 74
specified method; amending ss. 447.405 and 447.501, 75
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F.S.; conforming provisi ons to changes made by the 76
act; amending s. 447.503, F.S.; authorizing certain 77
public employers, public employees, and employee 78
organizations, or combinations thereof, to file 79
certain charges with the commission; amending s. 80
447.507, F.S.; increasing fines for certain 81
violations; amending s. 447.509, F.S.; prohibiting 82
public employers, their agents or representatives, and 83
any persons acting on their behalf from taking certain 84
actions; authorizing certain actions by public 85
employees under certain circumstanc es; providing 86
exceptions; amending s. 447.609, F.S.; conforming 87
provisions to changes made by the act; amending ss. 88
110.114, 110.205, 112.3187, 121.031, 447.02, and 89
1011.60, F.S.; conforming cross -references and 90
provisions to changes made by the act; provi ding an 91
effective date. 92
93
Be It Enacted by the Legislature of the State of Florida: 94
95
Section 1. Paragraph (d) of subsection (6) of section 96
110.227, Florida Statutes, is amended to read: 97
110.227 Suspensions, dismissals, reductions in pay, 98
demotions, layoffs, transfers, and grievances. — 99
(6) The following procedures shall apply to appeals filed 100
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pursuant to subsection (5) with the Public Employees Relations 101
Commission, hereinafter referred to as the commission: 102
(d) A recommended order must shall be issued by the 103
hearing officer within 30 days after following the hearing. 104
Exceptions to the recommended order shall be filed within 15 105
days after the recommended order is issued. The final order must 106
be issued shall be filed by the commission in accordance with 107
ss. 120.569 and 120.57 no later than 45 calendar days after the 108
hearing or after the filing of exceptions or oral arguments if 109
granted. 110
Section 2. Paragraph (a) of subsection (14) of section 111
112.0455, Florida Statutes, is amended to read: 112
112.0455 Drug-Free Workplace Act.— 113
(14) DISCIPLINE REMEDIES. — 114
(a) An executive branch employee who is disciplined or who 115
is a job applicant for another position and is not hired 116
pursuant to this section, may file an appeal with the Public 117
Employees Relations Commission. Any appeal must be filed within 118
30 calendar days after of receipt by the employee or job 119
applicant of notice of discipline or refusal to hire. The notice 120
shall inform the employee or job applicant of the right to file 121
an appeal, or if availa ble, the right to file a collective 122
bargaining grievance pursuant to s. 447.401. Such appeals shall 123
be resolved pursuant to the procedures established in ss. 124
447.207(1)-(4), 447.208(2), and 447.503(4) and (5). A hearing on 125
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the appeal shall be conducted wit hin 60 30 days after of the 126
filing of the appeal, unless an extension is requested by the 127
employee or job applicant and granted by the commission or an 128
arbitrator. The final order must be issued by the commission in 129
accordance with ss. 120.569 and 120.57. 130
Section 3. Paragraph (c) is added to subsection (12) of 131
section 120.80, Florida Statutes, to read: 132
120.80 Exceptions and special requirements; agencies. — 133
(12) PUBLIC EMPLOYEES RELATIONS COMMISSION. — 134
(c) Section 120.60 does not apply to registrati on of 135
employee organizations under s. 447.305. 136
Section 4. Subsection (1) of section 295.14, Florida 137
Statutes, is amended to read: 138
295.14 Penalties.— 139
(1) When the Public Employees Relations Commission, after 140
a hearing on notice conducted according to rules adopted by the 141
commission, determines that a violation of s. 295.07, s. 295.08, 142
s. 295.085, or s. 295.09(1)(a) or (b) has occurred and sustains 143
the veteran seeking redress, the commission shall order the 144
offending agency, employee, or officer of the state to comply 145
with the provisions of s. 295.07, s. 295.08, s. 295.085, or s. 146
295.09(1)(a) or (b); and, in the event of a violation of s. 147
295.07, s. 295.08, s. 295.085, or s. 295.09(1)(a) or (b), the 148
commission may issue an order to compensate the veteran for the 149
loss of any wages and reasonable attorney's fees for actual 150
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hours worked, and costs of all work, including litigation, 151
incurred as a result of su ch violation, which order shall be 152
conclusive on the agency, employee, or officer concerned. The 153
attorney's fees and costs may not exceed $10,000. The final 154
order must be issued by the commission in accordance with ss. 155
120.569 and 120.57 The action of the commission shall be in 156
writing and shall be served on the parties concerned by 157
certified mail with return receipt requested . 158
Section 5. Section 447.203, Florida Statutes, is amended 159
to read: 160
447.203 Definitions. —As used in this part: 161
(1)(12) "Bargaining agent" means the employee organization 162
that which has been certified by the commission as representing 163
the employees in the bargaining unit, as provided in s. 447.307, 164
or its representative. 165
(2)(8) "Bargaining unit" means either that unit determine d 166
by the commission, that unit determined through local 167
regulations adopted promulgated pursuant to s. 447.603, or that 168
unit determined by the public employer and the public employee 169
organization and approved by the commission to be appropriate 170
for the purposes of collective bargaining. However, no 171
bargaining unit shall be defined as appropriate which includes 172
employees of two employers that are not departments or divisions 173
of the state, a county, a municipality, or other political 174
entity. 175
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(3)(9) "Chief executive officer" for the state shall mean 176
the Governor and for other public employers shall mean the 177
person, whether elected or appointed, who is responsible to the 178
legislative body of the public employer for the administration 179
of the governmental affairs of the public employer. 180
(4)(16) "Civil service" means any career, civil, or merit 181
system used by any public employer. 182
(5)(14) "Collective bargaining" means the performance of 183
the mutual obligations of the public employer and the bargaining 184
agent of the employee organization to meet at reasonable times, 185
to negotiate in good faith, and to execute a written contract 186
with respect to agreements reached concerning the terms and 187
conditions of employment, except that neither party shall be 188
compelled to agree to a proposal or be required to make a 189
concession unless otherwise provided in this part. 190
(6)(1) "Commission" means the Public E mployees Relations 191
Commission created by s. 447.205. 192
(7)(5) "Confidential employees" are persons who act in a 193
confidential capacity to assist or aid managerial employees as 194
defined in subsection (12) (4). 195
(8)(11) "Employee organization" or "organizatio n" means 196
any labor organization, union, association, fraternal order, 197
occupational or professional society, or group, however 198
organized or constituted, which represents, or seeks to 199
represent, any public employee or group of public employees 200
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concerning any matters relating to their employment relationship 201
with a public employer. 202
(9) "Employee organization activities" means activities 203
undertaken at the direction of, on behalf of, or to advance the 204
purposes of an employee organization or any parent organiza tion 205
or affiliate of the employee organization by: 206
(a) Supporting or opposing a candidate for federal, state, 207
or local public office. 208
(b) Influencing the passage or defeat of any federal or 209
state legislation or regulation, local ordinance or resolution , 210
or ballot measure. 211
(c) Promoting or soliciting membership or participation 212
in, or financial support of, an employee organization or any 213
parent organization or affiliate of the employee organization. 214
(d) Seeking certification as a bargaining agent. 215
(e) Participating in the administration, business, or 216
internal governance of an employee organization or any parent 217
organization or affiliate of the employee organization. 218
(f) Preparing, conducting, or attending employee 219
organization events, conferences, conventions, meetings, or 220
training, unless such training is directly related to the 221
performance of a public employee's job duties. 222
(g) Distributing communications of an employee 223
organization or any parent organization or affiliate of the 224
employee organization. 225
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(h) Representing or speaking on behalf of an employee 226
organization or any parent organization or affiliate of the 227
employee organization in any setting, venue, or procedure in 228
which the public employer is not a participant. 229
(i) Preparing, filing , or pursuing unfair labor practice 230
charges or grievances. 231
(j) Representing public employees in investigatory 232
interviews; disciplinary proceedings or appeals, including 233
termination; or other administrative or legal proceedings. 234
(k) Engaging in collecti ve bargaining and any related 235
mediation, factfinding, or arbitration. 236
(l) Administering a collective bargaining agreement. 237
(m) Participating in labor -management committees. 238
(10)(17) "Good faith bargaining" means, but is not shall 239
mean, but not be limited to, the willingness of both parties to 240
meet at reasonable times and places, as mutually agreed upon, in 241
order to discuss issues which are proper subjects of bargaining, 242
with the intent of reaching a common accord. The term includes 243
It shall include an obligation for both parties to participate 244
actively in the negotiations with an open mind and a sincere 245
desire, as well as making a sincere effort, to resolve 246
differences and come to an agreement. In determining whether a 247
party failed to bargain in good f aith, the commission shall 248
consider the total conduct of the parties during negotiations as 249
well as the specific incidents of alleged bad faith. Incidents 250
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indicative of bad faith shall include, but not be limited to, 251
the following occurrences: 252
(a) Failure to meet at reasonable times and places with 253
representatives of the other party for the purpose of 254
negotiations. 255
(b) Placing unreasonable restrictions on the other party 256
as a prerequisite to meeting. 257
(c) Failure to discuss proper subjects of bargaining 258
bargainable issues. 259
(d) Refusing, upon reasonable written request, to provide 260
public information, excluding work products as defined in s. 261
447.605. 262
(e) Refusing to negotiate because of an unwanted person on 263
the opposing negotiating team. 264
(f) Negotiating directly with employees rather than with 265
their certified bargaining agent. 266
(g) Refusing to reduce a total agreement to writing. 267
(11)(10) "Legislative body" means the State Legislature, 268
the board of county commissioners, the district scho ol board, 269
the governing body of a municipality, or the governing body of 270
an instrumentality or unit of government having authority to 271
appropriate funds and establish policy governing the terms and 272
conditions of employment and which, as the case may be, is the 273
appropriate legislative body for the bargaining unit. For 274
purposes of s. 447.403, the Board of Governors of the State 275
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University System, or the board's designee, shall be deemed to 276
be the legislative body with respect to all employees of each 277
constituent state university. For purposes of s. 447.403 , the 278
board of trustees of a community college shall be deemed to be 279
the legislative body with respect to all employees of the 280
community college. 281
(12)(4) "Managerial employees" means are those employees 282
who: 283
(a) Perform jobs that are not of a routine, clerical, or 284
ministerial nature and require the exercise of independent 285
judgment in the performance of such jobs and to whom one or more 286
of the following applies: 287
1. They formulate or assist in formulating p olicies which 288
are applicable to bargaining unit employees. 289
2. They may reasonably be required on behalf of the 290
employer to assist in the preparation for the conduct of 291
collective bargaining negotiations. 292
3. They have a role in the administration of agr eements 293
resulting from collective bargaining negotiations. 294
4. They have a significant role in personnel 295
administration. 296
5. They have a significant role in employee relations. 297
6. They are included in the definition of administrative 298
personnel contained in s. 1012.01(3). 299
7. They have a significant role in the preparation or 300
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administration of budgets for any public agency or institution 301
or subdivision thereof. 302
(b) Serve as police chiefs, fire chiefs, or directors of 303
public safety of any police, fire, or public safety department. 304
Other police officers, as defined in s. 943.10(1), and 305
firefighters, as defined in s. 633.102, may be determined by the 306
commission to be managerial employees of such departments. In 307
making such determinations, the commission s hall consider, in 308
addition to the criteria established in paragraph (a), the 309
paramilitary organizational structure of the department 310
involved. 311
312
However, in determining whether an individual is a managerial 313
employee pursuant to paragraph (a) or paragraph (b ), above, the 314
commission may consider historic relationships of the employee 315
to the public employer and to coemployees. 316
(13) "Membership dues" means employee organization dues; 317
uniform assessments; fees, including initiation fees; or 318
voluntary contributi ons made by a public employee to an employee 319
organization. 320
(14)(15) "Membership dues deduction" means the practice of 321
a public employer of deducting membership dues and uniform 322
assessments from the salary or wages of a public employee and. 323
Such term also means the practice of a public employer of 324
transmitting the sums so deducted to an such employee 325
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organization on behalf of the public employee . 326
(15)(13) "Professional employee" means: 327
(a) Any employee engaged in work in any two or more of the 328
following categories: 329
1. Work predominantly intellectual and varied in character 330
as opposed to routine mental, manual, mechanical, or physical 331
work.; 332
2. Work involving the consistent exercise of discretion 333
and judgment in its performance .; 334
3. Work of such a character that the output produced or 335
the result accomplished cannot be standardized in relation to a 336
given period of time .; and 337
4. Work requiring advanced knowledge in a field of science 338
or learning customarily acquired by a prolonged course of 339
specialized intellectual instruction and study in an institution 340
of higher learning or a hospital, as distinguished from a 341
general academic education, an apprenticeship, or training in 342
the performance of routine mental or physical processes. 343
(b) Any employee who: 344
1. Has completed the course of specialized intellectual 345
instruction and study described in subparagraph (a)4. 4. of 346
paragraph (a); and 347
2. Is performing related work under supervision of a 348
professional person to qualify to become a professional employee 349
as defined in paragraph (a). 350
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(16)(3) "Public employee" means any person employed by a 351
public employer except: 352
(a) Those persons appointed by the Governor or elected by 353
the people, agency heads, and members of boards and commission s. 354
(b) Those persons holding positions by appointment or 355
employment in the organized militia. 356
(c) Those individuals acting as negotiating 357
representatives for employer authorities. 358
(d) Those persons who are designated by the commission as 359
managerial or confidential employees pursuant to criteria 360
contained herein. 361
(e) Those persons holding positions of employment with the 362
Florida Legislature. 363
(f) Those persons who have been convicted of a crime and 364
are inmates confined to institutions within the sta te. 365
(g) Those persons appointed to inspection positions in 366
federal/state fruit and vegetable inspection service whose 367
conditions of appointment are affected by the following: 368
1. Federal license requirement. 369
2. Federal autonomy regarding investigation and 370
disciplining of appointees. 371
3. Frequent transfers due to harvesting conditions. 372
(h) Those persons employed by the Public Employees 373
Relations Commission. 374
(i) Those persons enrolled as undergraduate students in a 375
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state university who perform part -time work for the state 376
university. 377
(17)(2) "Public employer" or "employer" means the state or 378
any county, municipality, or special district or any subdivision 379
or agency thereof which the commission determines has sufficient 380
legal distinctiveness properl y to carry out the functions of a 381
public employer. With respect to all public employees determined 382
by the commission as properly belonging to a statewide 383
bargaining unit composed of State Career Service System 384
employees or Selected Professional Service emp loyees, the 385
Governor is deemed to be the public employer; and the Board of 386
Governors of the State University System, or the board's 387
designee, is deemed to be the public employer with respect to 388
all public employees of each constituent state university. The 389
board of trustees of a community college is deemed to be the 390
public employer with respect to all employees of the community 391
college. The district school board is deemed to be the public 392
employer with respect to all employees of the school district. 393
The Board of Trustees of the Florida School for the Deaf and the 394
Blind is deemed to be the public employer with respect to the 395
academic and academic administrative personnel of the Florida 396
School for the Deaf and the Blind. The Board of Trustees of the 397
Florida School for Competitive Academics is deemed to be the 398
public employer with respect to the academic and academic 399
administrative personnel of the Florida School for Competitive 400
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Academics. The Governor is deemed to be the public employer with 401
respect to all employees in the Correctional Education Program 402
of the Department of Corrections established pursuant to s. 403
944.801. 404
(18) "Public safety employee" means a public employee 405
employed as a law enforcement officer, correctional officer, or 406
correctional probation officer, as those terms are defined in s. 407
943.10(1), (2), or (3), respectively; a firefighter as defined 408
in s. 633.102(9); a 911 public safety telecommunicator as 409
defined in s. 401.465(1)(a); or an emergency medical technician 410
or paramedic, as those terms are defined in s. 401.23. 411
(19) "Showing of interest" means a written statement by a 412
public employee in a bargaining unit or proposed bargaining unit 413
which does all of the following: 414
(a) Is submitted to the commission in support of a 415
petition filed under s. 447.307. 416
(b) Was signed and dated by the public employee not more 417
than 12 months before the filing of the petition under s. 418
447.307. 419
(c) Indicates the public employee's desire to be 420
represented by the employee organization for purposes of 421
collective bargaining or the public employee's desire to no 422
longer be represented by the bargaining agent for purposes of 423
collective bargaining. 424
(20)(6) "Strike" means the concerted failure of employees 425
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to report for duty; the concerted absence of employees fro m 426
their positions; the concerted stoppage of work by employees; 427
the concerted submission of resignations by employees; the 428
concerted abstinence in whole or in part by any group of 429
employees from the full and faithful performance of the duties 430
of employment with a public employer for the purpose of 431
inducing, influencing, condoning, or coercing a change in the 432
terms and conditions of employment or the rights, privileges, or 433
obligations of public employment, or participating in a 434
deliberate and concerted cours e of conduct which adversely 435
affects the services of the public employer; the concerted 436
failure of employees to report for work after the expiration of 437
a collective bargaining agreement; and picketing in furtherance 438
of a work stoppage. The term includes "strike" shall also mean 439
any overt preparation, including, but not limited to, the 440
establishment of strike funds with regard to the above-listed 441
activities listed in this subsection . 442
(21)(7) "Strike funds" are any appropriations by an 443
employee organization which are established to directly or 444
indirectly aid any employee or employee organization to 445
participate in a strike in the state. 446
(22)(18) "Student representative" means the representative 447
selected by each community college or university student 448
government association. Each representative may be present at 449
all negotiating sessions that take place between the appropriate 450
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public employer and a an exclusive bargaining agent. The 451
representative must be enrolled as a student with at least 8 452
credit hours in the respective community college or university 453
during his or her term as student representative. 454
Section 6. Subsection (8) of section 447.205, Florida 455
Statutes, is amended to read: 456
447.205 Public Employees Relations Commission. — 457
(8) The commission s hall have a seal for authentication of 458
its orders and proceedings, upon which shall be inscribed the 459
words "State of Florida-Public Employees Relations Commission -460
Seal," "State of Florida—Employees Relations Commission —and 461
which shall be judicially noticed . 462
Section 7. Subsections (4), (6), and (12) of section 463
447.207, Florida Statutes, are amended to read: 464
447.207 Commission; powers and duties. — 465
(4) Any subpoena, notice of hearing, or other process or 466
notice of the commission issued under the provisions of this 467
part must shall be served personally or by any method of service 468
that establishes proof of delivery certified mail. A return made 469
and verified by the individual making such service and setting 470
forth the manner of such service is proof of servi ce, and a 471
returned post office receipt, when certified mail is used, is 472
proof of service. All process of any court to which application 473
may be made under the provisions of this part shall be served in 474
the county wherein the persons required to be served re side or 475
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may be found. 476
(6) Pursuant to its established procedures, the commission 477
shall resolve questions and controversies concerning claims for 478
recognition as the bargaining agent for a bargaining unit, 479
determine or approve units appropriate for purposes of 480
collective bargaining, expeditiously process charges of unfair 481
labor practices and violations of s. 447.505 by public 482
employees, and resolve such other questions and controversies as 483
it may be authorized herein to undertake. The petitioner, 484
charging party, respondent, and a ny intervenors shall be the 485
adversary parties before the commission in any adjudicatory 486
proceeding conducted pursuant to this part. Any commission 487
statement of general applicability that implements, interprets, 488
or prescribes law or policy, made in the cour se of adjudicating 489
a case pursuant to s. 447.307 or s. 447.503 shall not constitute 490
a rule within the meaning of s. 120.52. 491
(12) Upon a petition by a public employer after it has 492
been notified by the Department of Labor that the public 493
employer's protective arrangement covering mass transit 494
employees does not meet the requirements of 49 U.S.C. s. 5333(b) 495
and would jeopardize the public employer's continued eligibility 496
to receive Federal Transit Administration funding, the 497
commission may waive the application of this part, but only to 498
the extent necessary for the public employer to comply with the 499
requirements of 49 U.S.C. s. 5333(b) , any of the following for 500
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an employee organization that has been certified as a bargaining 501
agent to represent mass transit employees: 502
(a) The prohibition on dues and assessment deductions 503
provided in s. 447.303(1) as it applies to a mass transit 504
employee who has provided a copy of his or her membership 505
authorization form to the employer as part of the authorization 506
of dues deduction under a waiver. 507
(b) The requirement to petition the commission for 508
recertification. 509
(c) The revocation of certification provided in s. 510
447.305(6) and (7). 511
Section 8. Paragraph (b) of subsection (1) and subsection 512
(2) of section 447.301, Fl orida Statutes, are amended to read: 513
447.301 Public employees' rights; organization and 514
representation.— 515
(1) 516
(b)1. A public employee who desires to be a member of an 517
employee organization must sign and date a membership 518
authorization form, as prescrib ed by the commission, and submit 519
the executed form to the bargaining agent. 520
2. The membership authorization form must identify the 521
name of the bargaining agent; the name of the employee; the 522
class code and class title of the employee; the name of the 523
public employer and employing agency, if applicable; the amount 524
of the membership initiation fee and of the monthly dues which 525
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the public employee member must pay; and the names and amounts 526
disclosed under s. 447.305(2)(d) for the name and total amount 527
of salary, allowances, and other direct or indirect 528
disbursements, including reimbursements, paid to each of the 529
five highest compensated officers and employees receiving the 530
five highest total dollar amounts of the employee organization 531
disclosed under s. 447.3 05(2)(d). 532
3. The membership authorization form must contain the 533
following statement in 14 -point type: 534
535
As a public employee in the State of Florida , is a right-to-work 536
state. membership or nonmembership non-membership in a labor 537
union is not required as a condition of employment ., and Union 538
membership and payment of membership union dues and assessments 539
are voluntary. A public employee's Each person has the right to 540
join and pay membership dues to a labor union or to refrain from 541
joining and paying membership dues to a labor union is protected 542
by both Florida's right -to-work law and the First Amendment of 543
the United States Constitution. A public employer may not 544
discriminate against a public . No employee may be discriminated 545
against in any manner for joining and financially supporting , or 546
refusing to join and financially support, a labor union or for 547
refusing to join or financially support a labor union . 548
4. A public employee may revoke membership in the employee 549
organization at any time of the year. Within 30 days after Upon 550
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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
receipt of the public employee's written revocation of 551
membership, the employee organization must revoke the a public 552
employee's membership and cease collection of membership dues 553
from such public employee . The employee organization ma y not 554
limit a public an employee's right to revoke membership to 555
certain dates. If a public employee must complete a form to 556
revoke membership in the employee organization, the form may not 557
require a reason for the public employee's decision to revoke 558
his or her membership. 559
5. An employee organization must retain for inspection by 560
the commission such membership authorization forms and any 561
revocations. 562
6. This paragraph does not apply to public employees in 563
members of a bargaining unit in which the majority of the public 564
whose employees are public safety employees eligible for 565
representation are employed as law enforcement officers, 566
correctional officers, or correctional probation officers as 567
those terms are defined in s. 943.10(1), (2), or (3), 568
respectively; firefighters as defined in s. 633.102; 911 public 569
safety telecommunicators as defined in s. 401.465(1)(a); or 570
emergency medical technicians or paramedics as defined in s. 571
401.23. 572
7. The commission may adopt rules to implement this 573
paragraph. 574
(2) Public employees shall have the right to be 575
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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
represented by any employee organization of their own choosing 576
and to negotiate collectively, through a certified bargaining 577
agent, with their public employer in the determination of the 578
terms and conditions of their employment. Public employees shall 579
have the right to be represented in the determination of 580
grievances on all terms and conditions of their employment. 581
Public employees shall have the right to refrain from exercising 582
the right to be represent ed. 583
Section 9. Subsections (1) and (2) of section 447.303, 584
Florida Statutes, are amended to read: 585
447.303 Membership dues; deduction and collection. — 586
(1) Except as authorized in subsection (2) or subject to a 587
waiver of the prohibition on membership dues deduction granted 588
pursuant to s. 447.207(12), a public employer may not engage in 589
membership dues deduction on behalf of s. 447.207(12)(a), an 590
employee organization that has been certified as a bargaining 591
agent may not have its dues and uniform asses sments deducted and 592
collected by the employer from the salaries of those employees 593
in the unit. A public employee may pay membership dues and 594
uniform assessments directly to an the employee organization 595
that has been certified as the bargaining agent . 596
(2)(a) Upon the written authorization of a public employee 597
in a bargaining unit in which the majority of the public 598
employees are public safety employees, the public employer must 599
engage in membership dues deduction for such public employee. A 600
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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
public employee may revoke his or her authorization for 601
membership dues deduction upon providing 30 days' written notice 602
to the public employer and bargaining agent An employee 603
organization that has been certified as a bargaining agent to 604
represent a bargaining unit the majority of whose employees 605
eligible for representation are employed as law enforcement 606
officers, correctional officers, or correctional probation 607
officers as those terms are defined in s. 943.10(1), (2), or 608
(3), respectively; firefighters as defined in s . 633.102; 911 609
public safety telecommunicators as defined in s. 401.465(1)(a); 610
or emergency medical technicians or paramedics as defined in s. 611
401.23 has the right to have its dues and uniform assessments 612
for that bargaining unit deducted and collected by the employer 613
from the salaries of those employees who authorize the deduction 614
and collection of said dues and uniform assessments. However, 615
such authorization is revocable at the employee's request upon 616
30 days' written notice to the employer and employee 617
organization. Said deductions shall commence upon the bargaining 618
agent's written request to the employer . 619
(b) Reasonable costs to the public employer of engaging in 620
membership dues said deductions is a proper subject of 621
collective bargaining. 622
(c) The requirement to engage in membership dues 623
deductions Such right to deduction , unless revoked under s. 624
447.507, is in force as for so long as the employee organization 625
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remains the certified bargaining agent remains certified to 626
represent for the public employees in the bargaining unit. 627
Section 10. Section 447.305, Florida Statutes, is amended 628
to read: 629
447.305 Registration of employee organizations 630
organization.— 631
(1) Every employee organization seeking to become a 632
certified bargaining agent for public e mployees shall register 633
with the commission before pursuant to the procedures set forth 634
in s. 120.60 prior to requesting recognition by a public 635
employer for purposes of collective bargaining and prior to 636
submitting a representation petition to the commission 637
requesting certification as an exclusive bargaining agent . 638
Further, If an such employee organization is not registered, it 639
may not participate in a representation hearing, participate in 640
a certification or recertification representation election, or 641
be certified as a an exclusive bargaining agent. The application 642
for registration required by this section must shall be under 643
oath, and in such form as the commission may prescribe , and 644
shall include all of the following : 645
(a) The name and address o f the organization and of any 646
parent organization or affiliate of the employee organization 647
with which it is affiliated . 648
(b) The names and addresses of the principal officers and 649
all representatives of the organization. 650
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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
(c) The amount of the initiation fee and the amount and 651
collection frequency of the membership dues and uniform 652
assessments that a member of the organization must pay. 653
(d) The current annual financial statement of the 654
organization, prepared by an independent certified public 655
accountant licensed under chapter 473. 656
(e) The name of its business agent, if any; if different 657
from the business agent, the name of its local agent for service 658
of process; and the addresses where such person or persons can 659
be reached. 660
(f) A pledge, in a form pr escribed by the commission, that 661
the employee organization will conform to the laws of this the 662
state and that it will accept members without regard to age, 663
race, sex, religion, or national origin. 664
(g) A copy of the current constitution and bylaws of the 665
employee organization. 666
(h) A copy of the current constitution and bylaws of the 667
state and national groups with which the employee organization 668
is affiliated or associated. In lieu of this provision, and upon 669
adoption of a rule by the commission, a state or national 670
affiliate or parent organization of any registering employee 671
labor organization may annually submit a copy of its current 672
constitution and bylaws. 673
(2) A registration granted to an employee organization 674
pursuant to this section runs for 1 yea r after from the date of 675
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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
issuance. A registration must be renewed annually by filing an 676
application for renewal under oath with the commission, which 677
application must reflect any changes in the information provided 678
to the commission in conjunction with the employee 679
organization's preceding application for registration or 680
previous renewal, whichever is applicable. Each application for 681
renewal of registration must include a current annual financial 682
statement, prepared by an independent certified public 683
accountant licensed under chapter 473 and signed by the employee 684
organization's president and treasurer or corresponding 685
principal officers, containing the following information in such 686
detail as may be necessary to accurately to disclose its 687
financial condition and operations for its preceding fiscal year 688
and in all of the following such categories as prescribed by the 689
commission may prescribe: 690
(a) Assets and liabilities at the beginning and end of the 691
fiscal year.; 692
(b) Receipts of any kind and the sources t hereof.; 693
(c) Disbursements by category .; 694
(d) Salary, wages, fringe benefits, allowances, and other 695
direct or indirect disbursements, including reimbursed expenses, 696
paid or accruing to each officer and also to each employee who, 697
during such fiscal year, received more than $10,000 in the 698
aggregate from such employee organization and any parent 699
organization of the other employee organization or any affiliate 700
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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
of either the employee organization or the parent organization. 701
This paragraph requires reporting o f any reimbursements paid by 702
the employee organization to a public employer for monies paid 703
by the public employer to an officer or an employee. affiliated 704
with it or with which it is affiliated or which is affiliated 705
with the same national or internationa l employee organization; 706
(e) Direct and indirect loans made to any officer, 707
employee, or member which aggregated more than $250 during the 708
fiscal year, together with a statement of the purpose, security, 709
if any, and arrangements for repayment .; and 710
(f) Direct and indirect loans to any business enterprise, 711
together with a statement of the purpose, security, if any, and 712
arrangements for repayment. 713
(3) As part of its application for renewal of 714
registration, a In addition to subsection (2), an employee 715
organization that has been certified as the bargaining agent for 716
public employees must include all of for each such certified 717
bargaining unit the following additional information and 718
documentation as of the 30th day immediately preceding the date 719
upon which its current registration is scheduled to end for any 720
renewal of registration on or after October 1, 2023 : 721
(a) For each bargaining unit for which the bargaining 722
agent is certified, the certification number assigned to the 723
bargaining unit by the commission . 724
(b) For each certification, the number of public employees 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
in the bargaining unit as of the last business day of the second 726
full calendar month preceding the date upon which the bargaining 727
agent's current registration is scheduled to end. 728
(c) For each certification, the number of public employees 729
in the bargaining unit who paid full membership dues sufficient 730
to maintain membership in good standing with the bargaining 731
agent as of the last business day of the second full calendar 732
month preceding the da te upon which the bargaining agent's 733
current registration is scheduled to end. 734
(d) For each certification, who are eligible for 735
representation by the employee organization. 736
(b) the number of public employees in the bargaining unit 737
who have submitted si gned membership authorization forms without 738
a subsequent revocation of such membership. 739
(c) The number of employees in the bargaining unit who 740
paid dues to the employee organization. 741
(d) The number of employees in the bargaining unit who did 742
not pay dues to the employee organization. 743
(e) Documentation from provided by an independent 744
certified public accountant retained by the employee 745
organization which verifies the information provided in 746
paragraphs (b), (c), and (d) paragraphs (a)-(d). 747
(4) Within 30 days after filing an application for renewal 748
of registration with the commission, the employee organization 749
must provide a copy of its application for renewal of 750
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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
registration relating to a public employer's employees to the 751
public employer and public employees of each bargaining unit for 752
which the employee organization is the bargaining agent on the 753
same day the application is submitted to the commission . 754
(5) An application for renewal of registration is 755
incomplete and is not eligible for consideration by The 756
commission must notify the bargaining agent if it does not 757
include all of the information and documentation required in 758
subsection (3) is incomplete. Upon notification that the 759
required information or documentation is incomplete, the 760
bargaining agent must provide the missing information or 761
documentation to the commission within 30 days after such 762
notification. If the bargaining agent fails to provide the 763
missing information or documentation within 30 days after 764
notification, the commission must dism iss the application. The 765
commission shall notify the employee organization if the 766
application is incomplete. An incomplete application must be 767
dismissed if the required information and documentation are not 768
provided within 10 days after the employee organi zation receives 769
such notice. 770
(6) The commission must notify the bargaining agent if the 771
information and documentation required in subsection (3) is 772
complete. Within 30 days after such notification, the bargaining 773
agent must petition for recertification p ursuant to s. 447.307 774
for each of its bargaining units Notwithstanding the provisions 775
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of this chapter relating to collective bargaining, an employee 776
organization certified as a bargaining agent to represent a 777
bargaining unit for which less than 60 percent of the public 778
unit employees in the bargaining unit have submitted membership 779
authorization forms without subsequent revocation and paid 780
membership dues to the organization , as reported in subsection 781
(3) during its last registration period must petition th e 782
commission pursuant to s. 447.307(2) and (3) for recertification 783
as the exclusive representative of all employees in the 784
bargaining unit within 30 days after the date on which the 785
employee organization applies for renewal of registration 786
pursuant to subsection (2). The certification of an employee 787
organization that does not comply with this section is revoked . 788
(7) If a The public employer or a public employee of a 789
bargaining unit represented by a bargaining agent believes that 790
the bargaining agent's employee may challenge an employee 791
organization's application for renewal of registration is 792
materially inaccurate, if the public employer or public 793
bargaining unit employee may challenge believes that the 794
application as materially is inaccurate during the pendency of 795
the application or, if the registration renewal has been 796
granted, before the date upon which the bargaining agent's 797
current registration is scheduled to end. If a challenge is 798
filed,. the commission or one of its designated agents shall 799
conduct an investigation pursuant to subsection (8) review the 800
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application to determine its accuracy and compliance with this 801
section. If the commission finds that the application is 802
inaccurate or does not comply with this section, the commission 803
shall revoke the registration and certification of the employee 804
organization. 805
(8) The commission or one of its designated agents may 806
conduct an investigation to confirm the validity of any 807
information submitted pursuant to this section. The commission 808
may revoke or deny an employee organization's registration or 809
certification if it finds that the employee organization: 810
(a) Failed to cooperate with the investigation conducted 811
pursuant to this subsection, including refusal to permit the 812
commission or one of its designate d agents to inspect membership 813
authorization forms or revocations pursuant to s. 814
447.301(1)(b)5.; or 815
(b) Intentionally misrepresented the information it 816
submitted pursuant to this section. 817
818
A decision issued by the commission pursuant to this subsection 819
is a final agency action that is reviewable pursuant to s. 820
447.504. 821
(9) An employee organization is exempt from the 822
requirements of subsections (3) -(8) and subsection (12) for each 823
bargaining unit in which the majority of the public employees 824
are public safety employees only with respect to the 825
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circumstances of each bargaining unit the majority of whose 826
employees eligible for representation are employed as law 827
enforcement officers, correctional officers, or correctional 828
probation officers as those terms a re defined in s. 943.10(1), 829
(2), or (3), respectively; firefighters as defined in s. 830
633.102; 911 public safety telecommunicators as defined in s. 831
401.465(1)(a); or emergency medical technicians or paramedics as 832
defined in s. 401.23 . 833
(10) A registration fee must shall accompany each 834
application for registration or renewal of registration filed 835
with the commission. The registration fee may amount charged for 836
an application for registration or renewal of registration shall 837
not exceed $15. All such money col lected by the commission shall 838
be deposited in the General Revenue Fund. 839
(11) Every employee organization shall keep accurate 840
accounts of its income and expenses, which accounts must shall 841
be open for inspection at a reasonable time and place all 842
reasonable times by any member of the organization or by the 843
commission. 844
(12) The certification of an employee organization that 845
does not comply with this section is revoked. An employee 846
organization that has its certification revoked under this 847
subsection may not file a petition for certification under s. 848
447.307 that covers any of the public employees in the 849
bargaining unit described in the revoked certification for at 850
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least 12 months after the date the certification was revoked. 851
(13) A decision issued by th e commission under this 852
section that revokes a certification, revokes a registration, or 853
grants, denies, or dismisses an application for registration or 854
renewal of registration is a final agency action that is 855
reviewable pursuant to s. 447.504 In addition, each employee 856
organization that has been certified as a bargaining agent must 857
provide to its members an annual financial report prepared by an 858
independent certified public accountant licensed under chapter 859
473 that includes a detailed breakdown of revenue s and 860
expenditures in such categories as the commission may prescribe, 861
and an accounting of membership dues and assessments. The 862
employee organization must notify its members annually of all 863
costs of membership. 864
Section 11. Section 447.307, Florida Sta tutes, is amended 865
to read: 866
447.307 Certification , recertification, and 867
decertification of employee organizations organization.— 868
(1) An employee organization seeking certification as a 869
bargaining agent, an employee organization seeking 870
recertification as a bargaining agent, or a public employee or 871
group of public employees seeking to decertify a bargaining 872
agent must file a petition with the commission accompanied by a 873
showing of interest from at least 30 percent of the public 874
employees in the proposed o r existing bargaining unit. A 875
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(1)(a) Any employee organization which is designated or 876
selected by a majority of public employees in an appropriate 877
unit as their representative for purposes of collective 878
bargaining shall request recognition by the public employer. The 879
public employer shall, if satisfied as to the majority status of 880
the employee organization and the appropriateness of the 881
proposed unit, recognize the employee organization as the 882
collective bargaining representative of employees in the 883
designated unit. Upon recognition by a public employer, the 884
employee organization shall immediately petition the commission 885
for certification. The commission shall review only the 886
appropriateness of the unit proposed by the employee 887
organization. If the unit is appropriate according to the 888
criteria used in this part, the commission shall immediately 889
certify the employee organization as the exclusive 890
representative of all employees in the unit. If the unit is 891
inappropriate according to the criteria used in this p art, the 892
commission may dismiss the petition. 893
(b) Whenever a public employer recognizes an employee 894
organization on the basis of majority status and on the basis of 895
appropriateness in accordance with subparagraph (4)(f)5. of this 896
section, the commission shall, in the absence of inclusion of a 897
prohibited category of employees or violation of s. 447.501, 898
certify the proposed unit. 899
(2) If the public employer refuses to recognize the 900
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employee organization, the employee organization may file a 901
petition with the commission for certification as the bargaining 902
agent for a proposed bargaining unit. The petition shall be 903
accompanied by dated statements signed by at least 30 percent of 904
the employees in the proposed unit, indicating that such 905
employees desire to be represented for purposes of collective 906
bargaining by the petitioning employee organization. Once a 907
petition for certification has been filed by an employee 908
organization, any registered employee organization desiring 909
placement on the ballot in any certification or recertification 910
election to be conducted pursuant to this section may be 911
permitted by the commission to intervene in the proceeding upon 912
a motion accompanied by a showing of interest from dated 913
statements signed by at least 10 percent of the public employees 914
in the proposed or existing bargaining unit. The showing of 915
interest is, indicating that such employees desire to be 916
represented for the purposes of collective bargaining by the 917
moving employee organization. The petitions and dated statements 918
signed by the employees are confidential and exempt from the 919
provisions of s. 119.07(1), except that any employee, employer, 920
or employee organization having sufficient reason to believe any 921
of the showing of interest was employee signatures were obtained 922
by collusion, coercion, intimidation, or misrepresentation or is 923
are otherwise invalid shall be given a reasonable opportunity to 924
verify and challenge the showing of interest signatures 925
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appearing on the petition . 926
(2)(a) A petition for certification or dec ertification may 927
not be filed regarding any proposed or existing bargaining unit 928
within 12 months after the date the commission issues an order 929
that verifies the results of a certification or decertification 930
election covering any of the public employees in the proposed or 931
existing bargaining unit. 932
(b) If a valid collective bargaining agreement covering 933
any of the public employees in a proposed or an existing 934
bargaining unit is in effect, a petition for certification or 935
decertification may only be filed wi th the commission at least 936
90 but not more than 150 days immediately preceding the 937
expiration date of the collective bargaining agreement, or at 938
any time subsequent to such agreement's expiration date but 939
before the effective date of a new collective barga ining 940
agreement. The effective date of a collective bargaining 941
agreement means the date of ratification of such agreement by 942
both parties, if such agreement becomes effective immediately or 943
retroactively, or the collective bargaining agreement's actual 944
effective date, if such agreement becomes effective after its 945
ratification date. 946
(3)(a) The commission or one of its designated agents 947
shall investigate a certification, recertification, or 948
decertification the petition to determine its sufficiency .; if 949
it has reasonable cause to believe that the petition is 950
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sufficient, the commission shall provide for an appropriate 951
hearing upon due notice. Such a hearing may be conducted by an 952
agent of the commission. If the commission finds that the 953
petition is to be insufficient, the commission must it may 954
dismiss the petition. If the commission finds upon the record of 955
the hearing that the petition is sufficient, the commission must 956
it shall immediately : 957
(a)1. Define the proposed or existing bargaining unit and 958
determine which public employees are shall be qualified and 959
entitled to vote at any election held by the commission. Upon 960
providing due notice, the commission may provide for a hearing. 961
(b)2. Identify the public employer or employers for 962
purposes of collective b argaining with the bargaining agent . 963
(c)3. Order an election by secret ballot, the cost of said 964
election and any required runoff election to be borne equally by 965
the parties, except as the commission may provide by rule. The 966
commission's order assessing c osts of an election may be 967
enforced pursuant to the provisions of this part. 968
(4)(a) Except as provided in paragraph (b), elections are 969
determined as follows for all petitions for certification, 970
recertification, or decertification filed on or after July 1 , 971
2025: 972
1. In certification elections, if 973
(b) When an employee organization is selected by a 974
majority vote of the public employees in the bargaining unit 975
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voting in an election , the commission shall certify the employee 976
organization as the exclusive collective bargaining agent for 977
the public representative of all employees in the bargaining 978
unit. If there is more than one employee organization on the 979
ballot and Certification is effective upon the issuance of the 980
final order by the commission or, if the final order is 981
appealed, at the time the appeal is exhausted or any stay is 982
vacated by the commission or the court. 983
(c) In any election in which none of the choices on the 984
ballot receives the vote of a majority vote of the public 985
employees in the bargaining unit voting, a runoff election shall 986
be held according to rules adopted promulgated by the 987
commission. 988
2. In decertification elections, if a majority of the 989
public employees in the bargaining unit votes in favor of 990
decertification, the commission sha ll revoke the bargaining 991
agent's certification for that bargaining unit. If a majority of 992
the public employees in the bargaining unit does not vote in 993
favor of decertification, the bargaining agent shall retain its 994
certification for that bargaining unit. 995
3. In recertification elections, if a majority of the 996
public employees in the bargaining unit votes in favor of 997
recertification, the bargaining agent shall retain its 998
certification for that bargaining unit. If a majority of the 999
public employees in the bar gaining unit does not vote in favor 1000
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of recertification, the commission shall revoke the bargaining 1001
agent's certification for that bargaining unit. If a majority of 1002
the public employees in the bargaining unit votes in favor of an 1003
employee organization that has intervened in the proceeding 1004
pursuant to this section, the commission shall certify such 1005
employee organization as the bargaining agent for the public 1006
employees in the bargaining unit. If there is more than one 1007
employee organization on the ballot and no ne of the choices on 1008
the ballot receives a majority vote of the public employees in 1009
the bargaining unit, a runoff election shall be held according 1010
to rules adopted by the commission. An employee organization 1011
that has its certification revoked under this su bparagraph may 1012
not file a petition for certification that covers any of the 1013
public employees in the bargaining unit described in the revoked 1014
certification for at least 12 months after the date the 1015
certification was revoked. 1016
(b) With respect to bargaining units in which the majority 1017
of the public employees are public safety employees, elections 1018
are determined as follows for all petitions for certification or 1019
decertification: 1020
1. In certification elections, if an employee organization 1021
is selected by a majo rity vote of the public employees voting in 1022
the election, the commission shall certify the employee 1023
organization as the bargaining agent for the public employees in 1024
the bargaining unit. If there is more than one employee 1025
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organization on the ballot and none of the choices on the ballot 1026
receives a majority vote of the public employees voting in the 1027
election, a runoff election shall be held according to rules 1028
adopted by the commission. 1029
2. In decertification elections, if a majority of the 1030
public employees voting in the election votes in favor of 1031
decertification, the commission shall revoke the bargaining 1032
agent's certification for that bargaining unit. If a majority of 1033
the public employees does not vote in favor of decertification, 1034
the bargaining agent shall r etain its certification for that 1035
bargaining unit. 1036
(c) Certification, recertification, or revocation under 1037
this section is effective upon the commission issuing a final 1038
order or, if the final order is appealed, at the time the appeal 1039
is exhausted or any s tay is vacated by the commission or a court 1040
(d) No petition may be filed seeking an election in any 1041
proposed or existing appropriate bargaining unit to determine 1042
the exclusive bargaining agent within 12 months after the date 1043
of a commission order verifying a representation election or, if 1044
an employee organization prevails, within 12 months after the 1045
date of an effective certification covering any of the employees 1046
in the proposed or existing bargaining unit. Furthermore, if a 1047
valid collective bargaining agreement covering any of the 1048
employees in a proposed unit is in effect, a petition for 1049
certification may be filed with the commission only during the 1050
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period extending from 150 days to 90 days immediately preceding 1051
the expiration date of that agreement, or at any time subsequent 1052
to its expiration date but prior to the effective date of any 1053
new agreement. The effective date of a collective bargaining 1054
agreement means the date of ratification by both parties, if the 1055
agreement becomes effective immediately or retroactively; or its 1056
actual effective date, if the agreement becomes effective after 1057
its ratification date . 1058
(5)(4) In defining a proposed bargaining unit, the 1059
commission shall take into consideration: 1060
(a) The principles of efficient administration of 1061
government. 1062
(b) The number of employee organiz ations with which the 1063
employer might have to negotiate. 1064
(c) The compatibility of the unit with the joint 1065
responsibilities of the public employer and public employees to 1066
represent the public. 1067
(d) The power of the officials of government at the level 1068
of the unit to agree, or make effective recommendations to 1069
another administrative authority or to a legislative body, with 1070
respect to matters of employment upon which the employee desires 1071
to negotiate. 1072
(e) The organizational structure of the public employer . 1073
(f) Community of interest among the employees to be 1074
included in the unit, considering: 1075
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1. The manner in which wages and other terms of employment 1076
are determined. 1077
2. The method by which jobs and salary classifications are 1078
determined. 1079
3. The interdependence of jobs and interchange of 1080
employees. 1081
4. The desires of the employees. 1082
5. The history of employee relations within the 1083
organization of the public employer concerning organization and 1084
negotiation and the interest of the employees and the emplo yer 1085
in the continuation of a traditional, workable, and accepted 1086
negotiation relationship. 1087
(g) The statutory authority of the public employer to 1088
administer a classification and pay plan. 1089
(h) Such other factors and policies as the commission may 1090
deem appropriate. 1091
1092
However, a bargaining no unit may not shall be established or 1093
approved for purposes of collective bargaining which includes 1094
both professional and nonprofessional employees unless a 1095
majority of each group votes for inclusion in such bargaining 1096
unit. 1097
Section 12. Section 447.308, Florida Statutes, is 1098
repealed. 1099
Section 13. Section 447.309, Florida Statutes, is amended 1100
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to read: 1101
447.309 Collective bargaining; approval or rejection. — 1102
(1) After an employee organization has been certified as 1103
the bargaining agent of a bargaining unit pursuant to the 1104
provisions of this part, the bargaining agent for the 1105
organization and the chief executive officer of the appropriate 1106
public employer or employers, jointly, shall bargain 1107
collectively in the determi nation of the wages, hours, and terms 1108
and conditions of employment of the public employees within the 1109
bargaining unit. The chief executive officer or his or her 1110
representative and the bargaining agent or its representative 1111
shall meet at reasonable times an d bargain in good faith. In 1112
conducting negotiations with the bargaining agent, the chief 1113
executive officer or his or her representative shall consult 1114
with, and attempt to represent the views of, the legislative 1115
body of the public employer. Any collective b argaining agreement 1116
reached by the negotiators shall be reduced to writing, and such 1117
agreement shall be signed by the chief executive officer and the 1118
bargaining agent. Any agreement signed by the chief executive 1119
officer and the bargaining agent is shall not be binding on the 1120
public employer until such agreement has been ratified by the 1121
public employer and the by public employees in who are members 1122
of the bargaining unit, subject to subsection (2) the provisions 1123
of subsections (2) and (3) . However, with resp ect to statewide 1124
bargaining units, any agreement signed by the Governor and the 1125
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bargaining agent for such a bargaining unit is shall not be 1126
binding until approved by the public employees in who are 1127
members of the bargaining unit, subject to subsection (2) the 1128
provisions of subsections (2) and (3) . 1129
(2)(a) Upon execution of the collective bargaining 1130
agreement, the chief executive shall, in his or her annual 1131
budget request or by other appropriate means, request the 1132
legislative body to appropriate such amount s as shall be 1133
sufficient to fund the provisions of the collective bargaining 1134
agreement. 1135
(b) If the state is a party to a collective bargaining 1136
agreement in which less than the requested amount is 1137
appropriated by the Legislature, the collective bargaining 1138
agreement shall be administered on the basis of the amounts 1139
appropriated by the Legislature. The failure of the Legislature 1140
to appropriate funds sufficient to fund the collective 1141
bargaining agreement shall not constitute, or be evidence of, 1142
any unfair labor practice. All collective bargaining agreements 1143
entered into by the state are subject to the appropriations 1144
powers of the Legislature, and the provisions of this section 1145
shall not conflict with the exclusive authority of the 1146
Legislature to appropriate fu nds. 1147
(3) If any provision of a collective bargaining agreement 1148
is in conflict with any law, ordinance, rule, or regulation over 1149
which the chief executive officer has no amendatory power, the 1150
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chief executive officer shall submit to the appropriate 1151
governmental body having amendatory power a proposed amendment 1152
to such law, ordinance, rule, or regulation. Unless and until 1153
such amendment is enacted or adopted and becomes effective, the 1154
conflicting provision of the collective bargaining agreement 1155
shall not become effective. 1156
(3)(4) If the agreement is not ratified by the public 1157
employer or is not approved by a majority vote of the public 1158
employees voting in the unit, in accordance with procedures 1159
adopted by the commission, the agreement shall be returned to 1160
the chief executive officer and the bargaining agent employee 1161
organization for further negotiations. 1162
(4)(5) A Any collective bargaining agreement may shall not 1163
provide for a term of existence of more than 3 years and must 1164
shall contain all of the terms and conditions of employment 1165
negotiated by the bargaining agent and the public employer and 1166
all of the disputed impasse issues resolved by the legislative 1167
body's action taken pursuant to s. 447.403 of the employees in 1168
the bargaining unit during such term exce pt those terms and 1169
conditions provided for in applicable merit and civil service 1170
rules and regulations . 1171
Section 14. Section 447.401, Florida Statutes, is amended 1172
to read: 1173
447.401 Grievance procedures. —Each public employer and 1174
bargaining agent shall n egotiate a grievance procedure to be 1175
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used for the settlement of disputes between a public employer 1176
and a public employee, or a group of public employees, involving 1177
the interpretation or application of a collective bargaining 1178
agreement. The Such grievance procedure must shall have as its 1179
terminal step a final and binding disposition by an impartial 1180
neutral, mutually selected by the parties; however, when the 1181
issue under appeal is an allegation of abuse, abandonment, or 1182
neglect of a child by a public an employee under s. 39.201 or an 1183
allegation of abuse, neglect, or exploitation of a vulnerable 1184
adult by a public employee under s. 415.1034, the grievance may 1185
not be decided until such allegation the abuse, abandonment, or 1186
neglect of a child has been judicially d etermined. However, an 1187
arbitrator arbiter or other neutral may shall not have the power 1188
to add to, subtract from, modify, or alter the terms of a 1189
collective bargaining agreement. If an employee organization is 1190
certified as the bargaining agent of a bargaining unit, the 1191
grievance procedure then in existence may be the subject of 1192
collective bargaining, and any agreement which is reached shall 1193
supersede the previously existing procedure. All public 1194
employees shall have the right to a fair and equitable grievance 1195
procedure administered without regard to membership or 1196
nonmembership in any employee organization, except that 1197
bargaining agents may certified employee organizations shall not 1198
be required to process grievances for public employees who are 1199
not members of the employee organization. A public career 1200
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service employee may utilize shall have the option of utilizing 1201
the civil service appeal procedure, an unfair labor practice 1202
procedure, or a grievance procedure established under this 1203
section, but may not avail such employee is precluded from 1204
availing himself or herself of to more than one of these 1205
procedures. 1206
Section 15. Subsections (1), (3), and (4) of section 1207
447.403, Florida Statutes, are amended to read: 1208
447.403 Resolution of impasses. — 1209
(1) If, after a reasonable period of negotiation 1210
concerning the terms and conditions of employment to be 1211
incorporated in a collective bargaining agreement, a dispute 1212
exists between a public employer and a bargaining agent, either 1213
party may declare an impasse by providing written notification 1214
shall be deemed to have occurred when one of the parties so 1215
declares in writing to the other party and to the commission. 1216
When an impasse occurs, the public employer or the bargaining 1217
agent, or both parties acting join tly, may appoint, or secure 1218
the appointment of, a mediator to assist in the resolution of 1219
the impasse. If the Governor is the public employer, a no 1220
mediator may not shall be appointed. 1221
(3) The special magistrate shall hold hearings in order to 1222
define the area or areas of dispute, to determine facts relating 1223
to the dispute, and to render a decision on any and all 1224
unresolved contract issues. The hearings must shall be held at 1225
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times, dates, and places to be established by the special 1226
magistrate in accordance with rules adopted promulgated by the 1227
commission. The special magistrate may shall be empowered to 1228
administer oaths and issue subpoenas on behalf of the parties to 1229
the dispute or on his or her own behalf. Within 15 calendar days 1230
after the close of the fin al hearing, the special magistrate 1231
shall transmit his or her recommended decision to the commission 1232
and to the representatives of both parties by any method of 1233
service that establishes proof of delivery registered mail, 1234
return receipt requested . Such recommended decision must shall 1235
be discussed by the parties, and each recommendation of the 1236
special magistrate is shall be deemed approved by both parties 1237
unless specifically rejected by either party by written notice 1238
filed with the commission within 20 calenda r days after the date 1239
the party received the special magistrate's recommended 1240
decision. The written notice must shall include a statement of 1241
the cause for each rejection and shall be served upon the other 1242
party. 1243
(4) If either the public employer or the bargaining agent 1244
employee organization does not accept, in whole or in part, the 1245
recommended decision of the special magistrate , all of the 1246
following procedures apply : 1247
(a) The chief executive officer of the governmental entity 1248
involved shall, within 10 days after rejection of a 1249
recommendation of the special magistrate, submit to the 1250
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legislative body of the governmental entity involved a copy of 1251
the findings of fact and recommended decision of the special 1252
magistrate, together with the chief executive officer's 1253
recommendations for settling the disputed impasse issues. The 1254
chief executive officer shall also transmit his or her 1255
recommendations to the bargaining agent. employee organization; 1256
(b) The bargaining agent employee organization shall 1257
submit its recommendations for settling the disputed impasse 1258
issues to such legislative body and to the chief executive 1259
officer.; 1260
(c) The legislative body or its a duly authorized 1261
committee must thereof shall forthwith conduct a public hearing 1262
at which the parties must shall be required to explain their 1263
positions with respect to the rejected recommendations of the 1264
special magistrate.; 1265
(d) Thereafter, the legislative body shall take such 1266
action as it deems to be in the public interest, including the 1267
interest of the public employees involved, to resolve all 1268
disputed impasse issues .; and 1269
(e) Following the resolution of the disputed impasse 1270
issues by the legislative body, the parties s hall reduce to 1271
writing an agreement which includes those issues agreed to by 1272
the parties and those disputed impasse issues resolved by the 1273
legislative body's action taken pursuant to paragraph (d). The 1274
agreement must shall be signed by the chief executive officer 1275
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and the bargaining agent and shall be submitted to the public 1276
employer and to the public employees in who are members of the 1277
bargaining unit for ratification. If such agreement is not 1278
ratified by all parties, pursuant to the provisions of s. 1279
447.309, the legislative body's action taken pursuant to the 1280
provisions of paragraph (d) shall take effect as of the date of 1281
such legislative body's action for the remainder of the first 1282
fiscal year which was the subject of negotiations; however, the 1283
legislative body's action may shall not take effect with respect 1284
to those disputed impasse issues which establish the language of 1285
contractual provisions which could have no effect in the absence 1286
of a ratified agreement, including, but not limited to, 1287
preambles, recognition clauses, and duration clauses. 1288
Section 16. Section 447.405, Florida Statutes, is amended 1289
to read: 1290
447.405 Factors to be considered by the special 1291
magistrate.—The special magistrate shall conduct the hearings 1292
and render recommended decisions wi th the objective of achieving 1293
a prompt, peaceful, and just settlement of disputes between the 1294
bargaining agents public employee organizations and the public 1295
employers. The factors, among others, to be given weight by the 1296
special magistrate in arriving at a recommended decision must 1297
shall include: 1298
(1) Comparison of the annual income of employment of the 1299
public employees in question with the annual income of 1300
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employment maintained for the same or similar work of employees 1301
exhibiting like or similar skills un der the same or similar 1302
working conditions in the local operating area involved. 1303
(2) Comparison of the annual income of employment of the 1304
public employees in question with the annual income of 1305
employment of public employees in similar public employee 1306
governmental bodies of comparable size within this the state. 1307
(3) The interest and welfare of the public. 1308
(4) Comparison of peculiarities of employment in regard to 1309
other trades or professions, specifically with respect to: 1310
(a) Hazards of employment. 1311
(b) Physical qualifications. 1312
(c) Educational qualifications. 1313
(d) Intellectual qualifications. 1314
(e) Job training and skills. 1315
(f) Retirement plans. 1316
(g) Sick leave. 1317
(h) Job security. 1318
(5) Availability of funds. 1319
Section 17. Paragraphs (c) and ( f) of subsection (1) and 1320
subsection (2) of section 447.501, Florida Statutes, are amended 1321
to read: 1322
447.501 Unfair labor practices. — 1323
(1) Public employers or their agents or representatives 1324
are prohibited from: 1325
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(c) Refusing to bargain collectively, fai ling to bargain 1326
collectively in good faith, or refusing to sign a final 1327
agreement agreed upon with the certified bargaining agent for 1328
the public employees in the bargaining unit. 1329
(f) Refusing to discuss grievances in good faith pursuant 1330
to the terms of the collective bargaining agreement with either 1331
the certified bargaining agent for the public employee or the 1332
employee involved. 1333
(2) An A public employee organization or anyone acting on 1334
in its behalf or its officers, representatives, agents, or 1335
members are prohibited from: 1336
(a) Interfering with, restraining, or coercing public 1337
employees in the exercise of any rights guaranteed them under 1338
this part or interfering with, restraining, or coerc ing 1339
managerial employees by reason of their performance of job 1340
duties or other activities undertaken in the interests of the 1341
public employer. 1342
(b) Causing or attempting to cause a public employer to 1343
discriminate against a public an employee because of such the 1344
employee's membership or nonmembership in an employee 1345
organization or attempting to cause the public employer to 1346
violate any of the provisions of this part. 1347
(c) Refusing to bargain collectively or failing to bargain 1348
collectively in good faith wi th a public employer. 1349
(d) Discriminating against a public an employee because he 1350
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or she has signed or filed an affidavit, a petition, or a 1351
complaint or given any information or testimony in any 1352
proceedings provided for in this part. 1353
(e) Participating i n a strike against the public employer 1354
by instigating or supporting, in any positive manner, a strike. 1355
A person who violates Any violation of this paragraph is shall 1356
subject the violator to the penalties provided in this part. 1357
(f) Instigating or advocati ng support, in any positive 1358
manner, for an employee organization's activities from high 1359
school or grade school students or students in institutions of 1360
higher learning. 1361
Section 18. Subsection (1) of section 447.503, Florida 1362
Statutes, is amended to read: 1363
447.503 Charges of unfair labor practices. —It is the 1364
intent of the Legislature that the commission act as 1365
expeditiously as possible to settle disputes regarding alleged 1366
unfair labor practices. To this end, violations of the 1367
provisions of s. 447.501 shal l be remedied by the commission in 1368
accordance with the following procedures and in accordance with 1369
chapter 120; however, to the extent that chapter 120 is 1370
inconsistent with the provisions of this section, the procedures 1371
contained in this section shall gove rn: 1372
(1) A proceeding to remedy a violation of the provisions 1373
of s. 447.501 must shall be initiated by the filing of a charge 1374
with the commission by a public employer, a public an employer, 1375
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employee, or an employee organization, or any combination 1376
thereof, whose substantial interests will be affected as 1377
provided in chapter 120 . Such a charge must shall contain a 1378
clear and concise statement of facts constituting the alleged 1379
unfair labor practice, including the names of all individuals 1380
involved in the allege d unfair labor practice, specific 1381
reference to the provisions of s. 447.501 alleged to have been 1382
violated, and such other relevant information as the commission 1383
may by rule require or allow. Service of the charge must shall 1384
be made upon each named responde nt at the time of filing with 1385
the commission. The charge must be accompanied by sworn 1386
statements and documentary evidence sufficient to establish a 1387
prima facie violation of the applicable unfair labor practice 1388
provision. Such supporting evidence is not to be attached to the 1389
charge and is to be furnished only to the commission. 1390
Section 19. Subsections (2) through (5) and paragraph (a) 1391
of subsection (6) of section 447.507, Florida Statutes, are 1392
amended to read: 1393
447.507 Violation of strike prohibition; p enalties.— 1394
(2) If a public employee, a group of public employees, an 1395
employee organization, or any officer, agent, or representative 1396
of any employee organization engages in a strike in violation of 1397
s. 447.505, either the commission or any public employer whose 1398
public employees are involved or whose public employees may be 1399
affected by the strike may file suit to enjoin the strike in the 1400
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circuit court having proper jurisdiction and proper venue of 1401
such actions under the Florida Rules of Civil Procedure and 1402
Florida Statutes. The circuit court shall conduct a hearing, 1403
with notice to the commission and to all interested parties, at 1404
the earliest practicable time. If the plaintiff makes a prima 1405
facie showing that a violation of s. 447.505 is in progress or 1406
that there is a clear, real, and present danger that such a 1407
strike is about to commence, the circuit court must shall issue 1408
a temporary injunction enjoining the strike. Upon final hearing, 1409
the circuit court shall either make the injunction permanent or 1410
dissolve it. 1411
(3) If an injunction to enjoin a strike issued pursuant to 1412
this section is not promptly complied with, on the application 1413
of the plaintiff, the circuit court shall immediately initiate 1414
contempt proceedings against those who appear to be in 1415
violation. An employee organization found to be in contempt of 1416
court for violating an injunction against a strike shall be 1417
fined an amount deemed appropriate by the court. In determining 1418
the appropriate fine, the court shall objectively consider the 1419
extent of lost services and the particular nature and position 1420
of the public employee group in violation. A In no event shall 1421
the fine may not exceed $30,000 $5,000. Each officer, agent, or 1422
representative of an employee organization found to be in 1423
contempt of court for vi olating an injunction against a strike 1424
shall be fined at least $300, but not more than $600, not less 1425
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than $50 nor more than $100 for each calendar day that the 1426
violation is in progress. 1427
(4) An employee organization is shall be liable for any 1428
damages which might be suffered by a public employer as a result 1429
of a violation of the provisions of s. 447.505 by the employee 1430
organization or its representatives, officers, or agents. The 1431
circuit court having jurisdiction over such actions may is 1432
empowered to enforce judgments against employee organizations in 1433
the amount deemed appropriate by the court in accordance with 1434
this section. An action may not , as defined in this part, by 1435
attachment or garnishment of union initiation fees or dues which 1436
are to be deducted or checked off by public employers. No action 1437
shall be maintained pursuant to this subsection until all 1438
proceedings which were pending before the commission at the time 1439
of the strike or which were initiated within 30 days after of 1440
the strike have been finally adjudicated or otherwise disposed 1441
of. In determining the amount of damages, if any, to be awarded 1442
to the public employer, the trier of fact shall take into 1443
consideration any action or inaction by the public employer or 1444
its agents that provoked or t ended to provoke the strike by the 1445
public employees. The trier of fact shall also take into 1446
consideration any damages that might have been recovered by the 1447
public employer under subparagraph (6)(a)4. 1448
(5) If the commission, after a hearing on notice condu cted 1449
according to rules adopted promulgated by the commission, 1450
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determines that a public an employee has violated s. 447.505, it 1451
may order the termination of such employee's his or her 1452
employment by the public employer. Notwithstanding any other 1453
provision of law, a person knowingly violating s. 447.505 the 1454
provision of said section may, subsequent to such violation, be 1455
appointed, reappointed, employed, or reemployed as a public 1456
employee, but only upon the following conditions: 1457
(a) Such person shall be on p robation for a period of 18 1458
months after following his or her appointment, reappointment, 1459
employment, or reemployment, during which period he or she shall 1460
serve without permanent status and at the pleasure of the agency 1461
head. 1462
(b) His or her compensation may not in no event exceed the 1463
compensation that received immediately before prior to the time 1464
of the violation. 1465
(c) The compensation of the person may not be increased 1466
until at least after the expiration of 1 year after from such 1467
appointment, reappointm ent, employment, or reemployment. 1468
(6)(a) If the commission determines that an employee 1469
organization has violated s. 447.505, it may: 1470
1. Issue cease and desist orders as necessary to ensure 1471
compliance with its order. 1472
2. Suspend or revoke the certifica tion of the employee 1473
organization as the bargaining agent of such bargaining employee 1474
unit. 1475
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3. Revoke any requirement of the public employer to engage 1476
in membership the right of dues deduction for and collection 1477
previously granted to said employee organi zation pursuant to s. 1478
447.303. 1479
4. Fine the organization up to $120,000 $20,000 for each 1480
calendar day of such violation or determine the approximate cost 1481
to the public due to each calendar day of the strike and fine 1482
the organization an amount equal to suc h cost, even if the fine 1483
exceeds $120,000 notwithstanding the fact that the fine may 1484
exceed $20,000 for each such calendar day. The fines so 1485
collected shall immediately accrue to the public employer and 1486
must shall be used by the public employer him or her to replace 1487
those services denied the public as a result of the strike. In 1488
determining the amount of damages, if any, to be awarded to the 1489
public employer, the commission must consider shall take into 1490
consideration any action or inaction by the public emplo yer or 1491
its agents that provoked, or tended to provoke, the strike by 1492
the public employees. 1493
Section 20. Subsection (3) of section 447.509, Florida 1494
Statutes, is renumbered as subsection (6), and a new subsection 1495
(3) and subsections (4) and (5) are added to that section to 1496
read: 1497
447.509 Other unlawful acts ; exceptions.— 1498
(3) Public employers, their agents or representatives, or 1499
any persons acting on their behalf may not do any of the 1500
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following: 1501
(a) With regard to an election held pursuant to s. 447.30 7 1502
or a campaign leading up to such an election, discriminate among 1503
employee organizations or public employees regarding access to 1504
or use of the public employer's meetings, events, facilities, 1505
communications systems, mailboxes, computer systems, equipment, 1506
supplies, or other resources for the purpose of supporting or 1507
opposing the certification, recertification, or decertification 1508
of a bargaining agent. 1509
(b) Provide any form of compensation or paid leave to a 1510
public employee, directly or indirectly, for the purpose of 1511
engaging in employee organization activities. 1512
(4) Notwithstanding subsection (3), if the public employer 1513
and the bargaining agent agree, a public employee may do all of 1514
the following: 1515
(a) Be granted time off without pay or benefits to engage 1516
in employee organization activities. An employee organization 1517
may compensate a public employee for engaging in employee 1518
organization activities. 1519
(b) Use compensated personal leave, whether the leave is 1520
the public employee's or is voluntarily donated by other public 1521
employees in the bargaining unit, to engage in employee 1522
organization activities if: 1523
1. The leave is accrued at the same rate by similarly 1524
situated public employees in the bargaining unit without regard 1525
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to membership in or participation with an employee organization. 1526
2. The public employee may freely choose how to use the 1527
leave. 1528
(c) Engage in employee organization activities on behalf 1529
of a bargaining agent while in a duty status without loss of pay 1530
or benefits if: 1531
1. The bargaining agent reports to the public employer at 1532
least biannually the amount of time, in increments rounded to 1533
the nearest quarter of an hour, each public employee in the 1534
bargaining unit engaged in employee organization activities each 1535
day. 1536
2. The public employer calc ulates the pro rata value of 1537
compensation, including wages and fringe benefits, paid to or 1538
accrued by a public employee for time spent engaged in employee 1539
organization activities and provides an invoice for such amounts 1540
to the bargaining agent at least bia nnually. 1541
3. The bargaining agent remits full payment to the public 1542
employer within 30 days after receipt of an invoice. 1543
(5) Subsections (3) and (4) do not apply to public 1544
employees in a bargaining unit in which the majority of the 1545
public employees are public safety employees. 1546
Section 21. Section 447.609, Florida Statutes, is amended 1547
to read: 1548
447.609 Representation in proceedings. —Any full-time 1549
employee or officer of any public employer or employee 1550
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organization may represent his or her employer or any public 1551
employee in member of a bargaining unit in any proceeding 1552
authorized in this part, excluding the representation of any 1553
person or public employer in a court of law by a person who is 1554
not a licensed attorney. 1555
Section 22. Subsection (3) of sect ion 110.114, Florida 1556
Statutes, is amended to read: 1557
110.114 Employee wage deductions. — 1558
(3) Notwithstanding the provisions of subsections (1) and 1559
(2), the deduction of an employee's membership dues deductions 1560
as defined in s. 447.203 s. 447.203(15) for a n employee 1561
organization as defined in s. 447.203(11) shall be authorized or 1562
permitted only for an organization that has been certified 1563
pursuant to chapter 447 as the exclusive bargaining agent 1564
pursuant to chapter 447 for a unit of public state employees in 1565
which the employee is included . Such deductions shall be subject 1566
to the provisions of s. 447.303. 1567
Section 23. Paragraph (w) of subsection (2) of section 1568
110.205, Florida Statutes, is amended to read: 1569
110.205 Career service; exemptions. — 1570
(2) EXEMPT POSITIONS.—The exempt positions that are not 1571
covered by this part include the following: 1572
(w) Managerial employees and, as defined in s. 447.203(4), 1573
confidential employees, as those terms are defined in s. 447.203 1574
s. 447.203(5), and supervisory employees who spend the majority 1575
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of their time communicating with, motivating, training, and 1576
evaluating employees, and planning and directing employees' 1577
work, and who have the authority to hire, transfer, suspend, lay 1578
off, recall, promote, discharge, assign, reward , or discipline 1579
subordinate employees or effectively recommend such action, 1580
including all employees serving as supervisors, administrators, 1581
and directors. Excluded are employees also designated as special 1582
risk or special risk administrative support and att orneys who 1583
serve as administrative law judges pursuant to s. 120.65 or for 1584
hearings conducted pursuant to s. 120.57(1)(a). Additionally, 1585
registered nurses licensed under chapter 464, dentists licensed 1586
under chapter 466, psychologists licensed under chapter 490 or 1587
chapter 491, nutritionists or dietitians licensed under part X 1588
of chapter 468, pharmacists licensed under chapter 465, 1589
psychological specialists licensed under chapter 491, physical 1590
therapists licensed under chapter 486, and speech therapists 1591
licensed under part I of chapter 468 are excluded, unless 1592
otherwise collectively bargained. 1593
Section 24. Subsection (6) of section 112.3187, Florida 1594
Statutes, is amended to read: 1595
112.3187 Adverse action against employee for disclosing 1596
information of specif ied nature prohibited; employee remedy and 1597
relief.— 1598
(6) TO WHOM INFORMATION DISCLOSED. —The information 1599
disclosed under this section must be disclosed to any agency or 1600
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federal government entity having the authority to investigate, 1601
police, manage, or other wise remedy the violation or act, 1602
including, but not limited to, the Office of the Chief Inspector 1603
General, an agency inspector general or the employee designated 1604
as agency inspector general under s. 112.3189(1) or inspectors 1605
general under s. 20.055, the F lorida Commission on Human 1606
Relations, and the whistle -blower's hotline created under s. 1607
112.3189. However, for disclosures concerning a local 1608
governmental entity, including any regional, county, or 1609
municipal entity, special district, community college dist rict, 1610
or school district or any political subdivision of any of the 1611
foregoing, the information must be disclosed to a chief 1612
executive officer as defined in s. 447.203 s. 447.203(9) or 1613
other appropriate local official. 1614
Section 25. Subsection (5) of section 121.031, Florida 1615
Statutes, is amended to read: 1616
121.031 Administration of system; appropriation; oaths; 1617
actuarial studies; public records. — 1618
(5) The names and addresses of retirees are confidential 1619
and exempt from the provisions of s. 119.07(1) to the extent 1620
that no state or local governmental agency may provide the names 1621
or addresses of such persons in aggregate, compiled, or list 1622
form to any person except to a public agency engaged in official 1623
business. However, a state or local government agenc y may 1624
provide the names and addresses of retirees from that agency to 1625
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a bargaining agent as defined in s. 447.203 s. 447.203(12) or to 1626
a retiree organization for official business use. Lists of names 1627
or addresses of retirees may be exchanged by public agen cies, 1628
but such lists shall not be provided to, or open for inspection 1629
by, the public. Any person may view or copy any individual's 1630
retirement records at the Department of Management Services, one 1631
record at a time, or may obtain information by a separate 1632
written request for a named individual for which information is 1633
desired. 1634
Section 26. Subsection (1) of section 447.02, Florida 1635
Statutes, is amended to read: 1636
447.02 Definitions. —The following terms, when used in this 1637
chapter, shall have the meanings asc ribed to them in this 1638
section: 1639
(1) The term "labor organization" means any organization 1640
of employees or local or subdivision thereof, having within its 1641
membership residents of the state, whether incorporated or not, 1642
organized for the purpose of dealing w ith employers concerning 1643
hours of employment, rate of pay, working conditions, or 1644
grievances of any kind relating to employment and recognized as 1645
a unit of bargaining by one or more employers doing business in 1646
this state, except that an "employee organizat ion," as defined 1647
in s. 447.203 s. 447.203(11), shall be included in this 1648
definition at such time as it seeks to register pursuant to s. 1649
447.305. 1650
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Section 27. Subsection (2) of section 1011.60, Florida 1651
Statutes, is amended to read: 1652
1011.60 Minimum requirements of the Florida Education 1653
Finance Program.—Each district which participates in the state 1654
appropriations for the Florida Education Finance Program shall 1655
provide evidence of its effort to maintain an adequate school 1656
program throughout t he district and shall meet at least the 1657
following requirements: 1658
(2) MINIMUM TERM.—Operate all schools for a term of 180 1659
actual teaching days or the equivalent on an hourly basis as 1660
specified by rules of the State Board of Education each school 1661
year. The State Board of Education may prescribe procedures for 1662
altering, and, upon written application, may alter, this 1663
requirement during a national, state, or local emergency as it 1664
may apply to an individual school or schools in any district or 1665
districts if, in the opinion of the board, it is not feasible to 1666
make up lost days or hours, and the apportionment may, at the 1667
discretion of the Commissioner of Education and if the board 1668
determines that the reduction of school days or hours is caused 1669
by the existence of a bona fide emergency, be reduced for such 1670
district or districts in proportion to the decrease in the 1671
length of term in any such school or schools. A strike, as 1672
defined in s. 447.203 s. 447.203(6), by employees of the school 1673
district may not be considered an emergency. 1674
Section 28. This act shall take effect July 1, 2025. 1675