Florida Senate - 2025 SB 1328 By Senator Fine 19-00930-25 20251328__ 1 A bill to be entitled 2 An act relating to public employee collective 3 bargaining; reordering and amending s. 447.203, F.S.; 4 defining terms; amending s. 447.307, F.S.; requiring 5 employee organizations or public employees seeking to 6 certify, recertify, or decertify a bargaining agent to 7 file a petition with the Public Employees Relations 8 Commission; requiring that such petition be 9 accompanied by certain information; authorizing 10 registered employee organizations desiring placement 11 on the ballot in a certification or recertification 12 election to be permitted with a showing of interest 13 from a certain percentage of public employees in the 14 proposed or existing bargaining unit; providing that 15 the showing of interest is confidential and exempt 16 from public disclosure; prohibiting the filing of a 17 petition for certification or decertification for a 18 proposed or existing bargaining unit within a 19 specified timeframe after the commission verifies the 20 result of a certification election that covers any of 21 the employees of such proposed or existing bargaining 22 unit; requiring, rather than authorizing, the 23 dismissal of a petition for certification or 24 decertification if such petition is insufficient; 25 requiring the commission to take certain action if 26 such petition is sufficient; requiring certain 27 elections to be determined by a majority vote of the 28 employees in the bargaining unit; providing 29 exceptions; requiring that certain elections in 30 bargaining units in which the majority of the 31 employees are public safety employees be determined by 32 a majority vote of employees voting in the election; 33 providing that certification, recertification, or 34 revocation is effective upon the issuance of a final 35 order by the commission, or at the time the appeal of 36 such order is exhausted; deleting a prohibition on the 37 filing of petitions seeking an election within a 38 specified timeframe after the commission order 39 verifies such election; deleting a provision that a 40 petition for certification may be filed under certain 41 circumstances when there is a valid collective 42 agreement already in effect; repealing s. 447.308, 43 F.S., relating to revocation of certification of 44 employee organizations; amending s. 447.509, F.S.; 45 prohibiting public employers, their agents or 46 representatives, or persons acting on their behalf 47 from denying access to or use of certain events, 48 facilities, equipment, and resources; prohibiting such 49 entities or persons acting on their behalf from 50 providing compensation or paid leave to public 51 employees for a specified purpose; authorizing public 52 employees to engage in specified employee organization 53 activities under certain circumstances; providing 54 applicability; amending s. 447.207, F.S.; conforming a 55 provision to changes made by the act; amending ss. 56 110.114, 110.205, 112.3187, 121.031, 447.02, 447.305, 57 and 1011.60, F.S.; conforming cross-references; 58 reenacting s. 120.80(12)(b), F.S., relating to the 59 Public Employees Relations Commission, to incorporate 60 the amendment made to s. 447.307, F.S., in a reference 61 thereto; providing an effective date. 62 63 Be It Enacted by the Legislature of the State of Florida: 64 65 Section 1.Section 447.203, Florida Statutes, is reordered 66 and amended to read: 67 447.203Definitions.As used in this part: 68 (6)(1)Commission means the Public Employees Relations 69 Commission created by s. 447.205. 70 (16)(2)Public employer or employer means the state or 71 any county, municipality, or special district or any subdivision 72 or agency thereof which the commission determines has sufficient 73 legal distinctiveness properly to carry out the functions of a 74 public employer. With respect to all public employees determined 75 by the commission as properly belonging to a statewide 76 bargaining unit composed of State Career Service System 77 employees or Selected Professional Service employees, the 78 Governor is deemed to be the public employer; and the Board of 79 Governors of the State University System, or the boards 80 designee, is deemed to be the public employer with respect to 81 all public employees of each constituent state university. The 82 board of trustees of a community college is deemed to be the 83 public employer with respect to all employees of the community 84 college. The district school board is deemed to be the public 85 employer with respect to all employees of the school district. 86 The Board of Trustees of the Florida School for the Deaf and the 87 Blind is deemed to be the public employer with respect to the 88 academic and academic administrative personnel of the Florida 89 School for the Deaf and the Blind. The Board of Trustees of the 90 Florida School for Competitive Academics is deemed to be the 91 public employer with respect to the academic and academic 92 administrative personnel of the Florida School for Competitive 93 Academics. The Governor is deemed to be the public employer with 94 respect to all employees in the Correctional Education Program 95 of the Department of Corrections established pursuant to s. 96 944.801. 97 (15)(3)Public employee means any person employed by a 98 public employer except: 99 (a)Those persons appointed by the Governor or elected by 100 the people, agency heads, and members of boards and commissions. 101 (b)Those persons holding positions by appointment or 102 employment in the organized militia. 103 (c)Those individuals acting as negotiating representatives 104 for employer authorities. 105 (d)Those persons who are designated by the commission as 106 managerial or confidential employees pursuant to criteria 107 contained herein. 108 (e)Those persons holding positions of employment with the 109 Florida Legislature. 110 (f)Those persons who have been convicted of a crime and 111 are inmates confined to institutions within the state. 112 (g)Those persons appointed to inspection positions in 113 federal/state fruit and vegetable inspection service whose 114 conditions of appointment are affected by the following: 115 1.Federal license requirement. 116 2.Federal autonomy regarding investigation and 117 disciplining of appointees. 118 3.Frequent transfers due to harvesting conditions. 119 (h)Those persons employed by the Public Employees 120 Relations Commission. 121 (i)Those persons enrolled as undergraduate students in a 122 state university who perform part-time work for the state 123 university. 124 (12)(4)Managerial employees are those employees who: 125 (a)Perform jobs that are not of a routine, clerical, or 126 ministerial nature and require the exercise of independent 127 judgment in the performance of such jobs and to whom one or more 128 of the following applies: 129 1.They formulate or assist in formulating policies which 130 are applicable to bargaining unit employees. 131 2.They may reasonably be required on behalf of the 132 employer to assist in the preparation for the conduct of 133 collective bargaining negotiations. 134 3.They have a role in the administration of agreements 135 resulting from collective bargaining negotiations. 136 4.They have a significant role in personnel 137 administration. 138 5.They have a significant role in employee relations. 139 6.They are included in the definition of administrative 140 personnel contained in s. 1012.01(3). 141 7.They have a significant role in the preparation or 142 administration of budgets for any public agency or institution 143 or subdivision thereof. 144 (b)Serve as police chiefs, fire chiefs, or directors of 145 public safety of any police, fire, or public safety department. 146 Other police officers, as defined in s. 943.10(1), and 147 firefighters, as defined in s. 633.102, may be determined by the 148 commission to be managerial employees of such departments. In 149 making such determinations, the commission shall consider, in 150 addition to the criteria established in paragraph (a), the 151 paramilitary organizational structure of the department 152 involved. 153 154 However, in determining whether an individual is a managerial 155 employee pursuant to paragraph (a) or paragraph (b), above, the 156 commission may consider historic relationships of the employee 157 to the public employer and to coemployees. 158 (7)(5)Confidential employees are persons who act in a 159 confidential capacity to assist or aid managerial employees as 160 defined in subsection (12) (4). 161 (19)(6)Strike means the concerted failure of employees 162 to report for duty; the concerted absence of employees from 163 their positions; the concerted stoppage of work by employees; 164 the concerted submission of resignations by employees; the 165 concerted abstinence in whole or in part by any group of 166 employees from the full and faithful performance of the duties 167 of employment with a public employer for the purpose of 168 inducing, influencing, condoning, or coercing a change in the 169 terms and conditions of employment or the rights, privileges, or 170 obligations of public employment, or participating in a 171 deliberate and concerted course of conduct which adversely 172 affects the services of the public employer; the concerted 173 failure of employees to report for work after the expiration of 174 a collective bargaining agreement; and picketing in furtherance 175 of a work stoppage. The term strike shall also mean any overt 176 preparation, including, but not limited to, the establishment of 177 strike funds with regard to the above-listed activities. 178 (20)(7)Strike funds are any appropriations by an 179 employee organization which are established to directly or 180 indirectly aid any employee or employee organization to 181 participate in a strike in the state. 182 (2)(8)Bargaining unit means either that unit determined 183 by the commission, that unit determined through local 184 regulations promulgated pursuant to s. 447.603, or that unit 185 determined by the public employer and the public employee 186 organization and approved by the commission to be appropriate 187 for the purposes of collective bargaining. However, no 188 bargaining unit shall be defined as appropriate which includes 189 employees of two employers that are not departments or divisions 190 of the state, a county, a municipality, or other political 191 entity. 192 (9)Employee organization activities means activities 193 undertaken at the direction of, on behalf of, or to advance the 194 purposes of an employee organization or any parent organization 195 or affiliate of the employee organization, including, but not 196 limited to, by: 197 (a)Supporting or opposing any candidate for federal, 198 state, or local public office. 199 (b)Influencing the passage or defeat of any federal or 200 state legislation, federal or state regulation, local ordinance 201 or resolution, or ballot measure. 202 (c)Promoting or soliciting membership or participation in, 203 or financial support of, an employee organization or any parent 204 organization or affiliate of the employee organization. 205 (d)Seeking certification as a bargaining agent. 206 (e)Participating in the administration, business, or 207 internal governance of an employee organization or any parent 208 organization or affiliate of the employee organization. 209 (f)Preparing, conducting, or attending employee 210 organization events, conferences, conventions, meetings, or 211 training, unless such training is directly related to the 212 performance of public employees job duties. 213 (g)Distributing communications of an employee organization 214 or any parent organization or affiliate of the employee 215 organization. 216 (h)Representing or speaking on behalf of an employee 217 organization or any parent organization or affiliate of the 218 employee organization in any setting, venue, or procedure in 219 which the public employer is not a participant. 220 (i)Preparing, filing, or pursuing unfair labor practice 221 charges or grievances. 222 (j)Representing public employees in investigatory 223 interviews, disciplinary proceedings or appeals, up to and 224 including termination, or other administrative or legal 225 proceedings. 226 (k)Engaging in collective bargaining and any related 227 mediation, factfinding, or arbitration. 228 (l)Administering a collective bargaining agreement. 229 (m)Participating in labor-management committees. 230 (3)(9)Chief executive officer for the state shall mean 231 the Governor and for other public employers shall mean the 232 person, whether elected or appointed, who is responsible to the 233 legislative body of the public employer for the administration 234 of the governmental affairs of the public employer. 235 (11)(10)Legislative body means the State Legislature, 236 the board of county commissioners, the district school board, 237 the governing body of a municipality, or the governing body of 238 an instrumentality or unit of government having authority to 239 appropriate funds and establish policy governing the terms and 240 conditions of employment and which, as the case may be, is the 241 appropriate legislative body for the bargaining unit. For 242 purposes of s. 447.403, the Board of Governors of the State 243 University System, or the boards designee, shall be deemed to 244 be the legislative body with respect to all employees of each 245 constituent state university. For purposes of s. 447.403 the 246 board of trustees of a community college shall be deemed to be 247 the legislative body with respect to all employees of the 248 community college. 249 (8)(11)Employee organization or organization means any 250 labor organization, union, association, fraternal order, 251 occupational or professional society, or group, however 252 organized or constituted, which represents, or seeks to 253 represent, any public employee or group of public employees 254 concerning any matters relating to their employment relationship 255 with a public employer. 256 (1)(12)Bargaining agent means the employee organization 257 which has been certified by the commission as representing the 258 employees in the bargaining unit, as provided in s. 447.307, or 259 its representative. 260 (14)(13)Professional employee means: 261 (a)Any employee engaged in work in any two or more of the 262 following categories: 263 1.Work predominantly intellectual and varied in character 264 as opposed to routine mental, manual, mechanical, or physical 265 work; 266 2.Work involving the consistent exercise of discretion and 267 judgment in its performance; 268 3.Work of such a character that the output produced or the 269 result accomplished cannot be standardized in relation to a 270 given period of time; and 271 4.Work requiring advanced knowledge in a field of science 272 or learning customarily acquired by a prolonged course of 273 specialized intellectual instruction and study in an institution 274 of higher learning or a hospital, as distinguished from a 275 general academic education, an apprenticeship, or training in 276 the performance of routine mental or physical processes. 277 (b)Any employee who: 278 1.Has completed the course of specialized intellectual 279 instruction and study described in subparagraph 4. of paragraph 280 (a); and 281 2.Is performing related work under supervision of a 282 professional person to qualify to become a professional employee 283 as defined in paragraph (a). 284 (5)(14)Collective bargaining means the performance of 285 the mutual obligations of the public employer and the bargaining 286 agent of the employee organization to meet at reasonable times, 287 to negotiate in good faith, and to execute a written contract 288 with respect to agreements reached concerning the terms and 289 conditions of employment, except that neither party shall be 290 compelled to agree to a proposal or be required to make a 291 concession unless otherwise provided in this part. 292 (13)(15)Membership dues deduction means the practice of 293 a public employer of deducting dues and uniform assessments from 294 the salary or wages of a public employee. Such term also means 295 the practice of a public employer of transmitting the sums so 296 deducted to such employee organization. 297 (4)(16)Civil service means any career, civil, or merit 298 system used by any public employer. 299 (10)(17)Good faith bargaining shall mean, but not be 300 limited to, the willingness of both parties to meet at 301 reasonable times and places, as mutually agreed upon, in order 302 to discuss issues which are proper subjects of bargaining, with 303 the intent of reaching a common accord. It shall include an 304 obligation for both parties to participate actively in the 305 negotiations with an open mind and a sincere desire, as well as 306 making a sincere effort, to resolve differences and come to an 307 agreement. In determining whether a party failed to bargain in 308 good faith, the commission shall consider the total conduct of 309 the parties during negotiations as well as the specific 310 incidents of alleged bad faith. Incidents indicative of bad 311 faith shall include, but not be limited to, the following 312 occurrences: 313 (a)Failure to meet at reasonable times and places with 314 representatives of the other party for the purpose of 315 negotiations. 316 (b)Placing unreasonable restrictions on the other party as 317 a prerequisite to meeting. 318 (c)Failure to discuss bargainable issues. 319 (d)Refusing, upon reasonable written request, to provide 320 public information, excluding work products as defined in s. 321 447.605. 322 (e)Refusing to negotiate because of an unwanted person on 323 the opposing negotiating team. 324 (f)Negotiating directly with employees rather than with 325 their certified bargaining agent. 326 (g)Refusing to reduce a total agreement to writing. 327 (17)Representational employee organization activities 328 means those activities specified in paragraphs (9)(i)-(m). 329 (18)Signature card means a written statement by a public 330 employee in a bargaining unit or proposed bargaining unit which: 331 (a)Is submitted to the commission in support of a petition 332 filed under s. 447.307; 333 (b)Was signed and dated by the public employee within the 334 12 months preceding the filing of the petition; and 335 (c)Indicates: 336 1.The public employees desire to be represented for 337 purposes of collective bargaining by the employee organization; 338 or 339 2.The public employees desire to no longer be represented 340 for purposes of collective bargaining by the bargaining agent. 341 (21)(18)Student representative means the representative 342 selected by each community college or university student 343 government association. Each representative may be present at 344 all negotiating sessions that take place between the appropriate 345 public employer and an exclusive bargaining agent. The 346 representative must be enrolled as a student with at least 8 347 credit hours in the respective community college or university 348 during his or her term as student representative. 349 Section 2.Section 447.307, Florida Statutes, is amended to 350 read: 351 447.307Certification, recertification, and decertification 352 of employee organizations organization. 353 (1)(a)An employee organization seeking certification as a 354 bargaining agent, an employee organization seeking 355 recertification as a bargaining agent pursuant to s. 447.305, or 356 a public employee or group of public employees seeking to 357 decertify a bargaining agent must Any employee organization 358 which is designated or selected by a majority of public 359 employees in an appropriate unit as their representative for 360 purposes of collective bargaining shall request recognition by 361 the public employer. The public employer shall, if satisfied as 362 to the majority status of the employee organization and the 363 appropriateness of the proposed unit, recognize the employee 364 organization as the collective bargaining representative of 365 employees in the designated unit. Upon recognition by a public 366 employer, the employee organization shall immediately petition 367 the commission for certification. The commission shall review 368 only the appropriateness of the unit proposed by the employee 369 organization. If the unit is appropriate according to the 370 criteria used in this part, the commission shall immediately 371 certify the employee organization as the exclusive 372 representative of all employees in the unit. If the unit is 373 inappropriate according to the criteria used in this part, the 374 commission may dismiss the petition. 375 (b)Whenever a public employer recognizes an employee 376 organization on the basis of majority status and on the basis of 377 appropriateness in accordance with subparagraph (4)(f)5. of this 378 section, the commission shall, in the absence of inclusion of a 379 prohibited category of employees or violation of s. 447.501, 380 certify the proposed unit. 381 (2)If the public employer refuses to recognize the 382 employee organization, the employee organization may file a 383 petition with the commission for certification as the bargaining 384 agent for a proposed bargaining unit. The petition shall be 385 accompanied by a showing of interest from dated statements 386 signed by at least 30 percent of the public employees in the 387 proposed or existing bargaining unit, indicating that such 388 employees desire to be represented for purposes of collective 389 bargaining by the petitioning employee organization. Once a 390 petition for certification has been filed by an employee 391 organization, Any registered employee organization desiring 392 placement on the ballot in any certification or recertification 393 election to be conducted pursuant to this section may be 394 permitted by the commission to intervene in the proceeding upon 395 a motion accompanied by a showing of interest from dated 396 statements signed by at least 10 percent of the public employees 397 in the proposed or existing bargaining unit, indicating that 398 such employees desire to be represented for the purposes of 399 collective bargaining by the moving employee organization. A 400 showing of interest is The petitions and dated statements signed 401 by the employees are confidential and exempt from the provisions 402 of s. 119.07(1), except that any employee, employer, or employee 403 organization having sufficient reason to believe any of the 404 employee signatures were obtained by collusion, coercion, 405 intimidation, or misrepresentation or are otherwise invalid 406 shall be given a reasonable opportunity to verify and challenge 407 the signatures appearing on the petition. 408 (2)A petition for certification or decertification may not 409 be filed regarding any proposed or existing bargaining unit 410 within 12 months after the date of a commission order verifying 411 the results of a certification election covering any of the 412 employees of the proposed or existing bargaining unit. 413 (3)(a)The commission or one of its designated agents shall 414 investigate the petition to determine its sufficiency; if it has 415 reasonable cause to believe that the petition is sufficient, the 416 commission shall provide for an appropriate hearing upon due 417 notice. Such a hearing may be conducted by an agent of the 418 commission. If the commission finds the petition is to be 419 insufficient, it must be dismissed may dismiss the petition. If 420 the commission finds upon the record of the hearing that the 421 petition is sufficient, the commission must it shall immediately 422 do all of the following: 423 (a)1.Define the proposed or existing bargaining unit and 424 determine which public employees shall be qualified and entitled 425 to vote at any election held by the commission. The commission 426 may provide for a hearing upon due notice. 427 (b)2.Identify the public employer or employers for 428 purposes of collective bargaining with the bargaining agent. 429 (c)3.Order an election by secret ballot, the cost of said 430 election and any required runoff election to be borne equally by 431 the parties, except as the commission may provide by rule. The 432 commissions order assessing costs of an election may be 433 enforced pursuant to the provisions of this part. 434 (4)(a)(b)Except with respect to bargaining units in which 435 the majority of the employees are law enforcement officers, 436 correctional officers, or correctional probation officers as 437 those terms are defined in s. 943.10(1), (2), or (3), 438 respectively; firefighters as defined in s. 633.102; 911 public 439 safety telecommunicators as defined in s. 401.465(1)(a); or 440 emergency medical technicians or paramedics as those terms are 441 defined in s. 401.23, all elections must be determined by a 442 majority vote of the employees in the bargaining unit for all 443 petitions for certification, recertification, or decertification 444 filed on or after July 1, 2025, as follows: 445 1.In certification and recertification elections, when an 446 employee organization is selected by a majority vote of the 447 employees in the bargaining unit voting in an election, the 448 commission shall certify the employee organization as the 449 exclusive collective bargaining agent for the representative of 450 all employees in the bargaining unit. If there are three or more 451 Certification is effective upon the issuance of the final order 452 by the commission or, if the final order is appealed, at the 453 time the appeal is exhausted or any stay is vacated by the 454 commission or the court. 455 (c)In any election in which none of the choices on the 456 ballot and none receives a majority of the votes of the 457 bargaining unit the vote of a majority of the employees voting, 458 a runoff election shall be held between the two choices 459 receiving the most votes according to rules promulgated by the 460 commission. 461 2.In decertification elections, if the bargaining agent 462 fails to receive the votes of a majority of the bargaining unit, 463 the commission must revoke the bargaining agents certification 464 for that bargaining unit. If a majority of the bargaining unit 465 votes against decertification, the bargaining agent retains its 466 certification for that bargaining unit. 467 3.An employee organization whose certification is revoked 468 pursuant to this paragraph is not permitted to file a petition 469 for certification covering any of the employees in the 470 bargaining unit defined in the revoked certification for a 471 period of 12 months after the date the employee organizations 472 certification was revoked. 473 (b)With respect to bargaining units in which the majority 474 of the employees are law enforcement officers, correctional 475 officers, or correctional probation officers as those terms are 476 defined in s. 943.10(1), (2), or (3), respectively; firefighters 477 as defined in s. 633.102; 911 public safety telecommunicators as 478 defined in s. 401.465(1)(a); or emergency medical technicians or 479 paramedics as those terms are defined in s. 401.23, all 480 elections shall be determined by a majority vote of the 481 employees voting in an election, as follows: 482 1.In certification elections, when an employee 483 organization is selected by a majority vote, the commission 484 shall certify the employee organization as the bargaining agent 485 for the employees in the bargaining unit. If none of the choices 486 on the ballot receives a majority vote, a runoff election must 487 be held according to rules adopted by the commission. 488 2.In decertification elections, if a majority votes in 489 favor of decertification, the commission must revoke the 490 bargaining agents certification for that bargaining unit. If a 491 majority votes against decertification, the bargaining agent 492 retains its certification for that bargaining unit. 493 (c)Certification, recertification, or revocation pursuant 494 to this section is effective upon the issuance of the final 495 order by the commission or, if the final order is appealed, at 496 the time the appeal is exhausted or any stay is vacated by the 497 commission or the court 498 (d) No petition may be filed seeking an election in any 499 proposed or existing appropriate bargaining unit to determine 500 the exclusive bargaining agent within 12 months after the date 501 of a commission order verifying a representation election or, if 502 an employee organization prevails, within 12 months after the 503 date of an effective certification covering any of the employees 504 in the proposed or existing bargaining unit. Furthermore, if a 505 valid collective bargaining agreement covering any of the 506 employees in a proposed unit is in effect, a petition for 507 certification may be filed with the commission only during the 508 period extending from 150 days to 90 days immediately preceding 509 the expiration date of that agreement, or at any time subsequent 510 to its expiration date but prior to the effective date of any 511 new agreement. The effective date of a collective bargaining 512 agreement means the date of ratification by both parties, if the 513 agreement becomes effective immediately or retroactively; or its 514 actual effective date, if the agreement becomes effective after 515 its ratification date. 516 (5)(4) In defining a proposed bargaining unit, the 517 commission shall take into consideration: 518 (a)The principles of efficient administration of 519 government. 520 (b)The number of employee organizations with which the 521 employer might have to negotiate. 522 (c)The compatibility of the unit with the joint 523 responsibilities of the public employer and public employees to 524 represent the public. 525 (d)The power of the officials of government at the level 526 of the unit to agree, or make effective recommendations to 527 another administrative authority or to a legislative body, with 528 respect to matters of employment upon which the employee desires 529 to negotiate. 530 (e)The organizational structure of the public employer. 531 (f)Community of interest among the employees to be 532 included in the unit, considering: 533 1.The manner in which wages and other terms of employment 534 are determined. 535 2.The method by which jobs and salary classifications are 536 determined. 537 3.The interdependence of jobs and interchange of 538 employees. 539 4.The desires of the employees. 540 5.The history of employee relations within the 541 organization of the public employer concerning organization and 542 negotiation and the interest of the employees and the employer 543 in the continuation of a traditional, workable, and accepted 544 negotiation relationship. 545 (g)The statutory authority of the public employer to 546 administer a classification and pay plan. 547 (h)Such other factors and policies as the commission may 548 deem appropriate. 549 550 However, no unit shall be established or approved for purposes 551 of collective bargaining which includes both professional and 552 nonprofessional employees unless a majority of each group votes 553 for inclusion in such unit. 554 Section 3.Section 447.308, Florida Statutes, is repealed. 555 Section 4.Present subsection (3) of section 447.509, 556 Florida Statutes, is redesignated as subsection (6), and a new 557 subsection (3) and subsections (4) and (5) are added to that 558 section, to read: 559 447.509Other unlawful acts. 560 (3)Public employers, their agents or representatives, or 561 any persons acting on their behalf are prohibited from doing all 562 of the following: 563 (a)Denying any employee organization or entity governed by 564 the Florida Not For Profit Corporation Act access to or use of 565 the public employers meetings, events, facilities, 566 communications systems, mailboxes, computer systems, equipment, 567 supplies, or other resources if the public employer permits 568 another employee organization or its affiliate such access or 569 use. 570 (b)Providing any form of compensation or paid leave to a 571 public employee, directly or indirectly, for the purpose of 572 engaging in employee organization activities. 573 (4)Upon agreement by a public employer and bargaining 574 agent in collective bargaining: 575 (a)A public employee may be granted time off without pay 576 or benefits to engage in employee organization activities. An 577 employee organization may, at its discretion, compensate a 578 public employee for engaging in employee organization 579 activities. 580 (b)A public employee may use compensated personal leave, 581 whether their own or voluntarily donated by employees in the 582 bargaining unit, to engage in employee organization activities 583 if: 584 1.The leave is accrued at the same rate by similarly 585 situated public employees in the bargaining unit without regard 586 to membership in or participation with an employee organization. 587 2.The employee may freely choose how to use the leave. 588 (c)A public employee may engage in representational 589 employee organization activities on behalf of a bargaining agent 590 while in a duty status without loss of pay or benefits if: 591 1.The bargaining agent reports to the public employer not 592 less than twice per calendar year the amount of time, in 593 increments rounded to the nearest quarter of an hour, spent on 594 representational employee organization activities each day by 595 each public employee in the bargaining unit engaged in such 596 activities. 597 2.The public employer calculates the pro rata value of 598 compensation, including wages and fringe benefits, paid or 599 accruing to a public employee for time spent engaged in 600 representational employee organization activities and provides 601 an invoice to the bargaining agent not less than twice per 602 calendar year for the amounts so calculated. 603 3.Upon receipt of an invoice, the bargaining agent remits 604 full payment to the public employer within 30 days. 605 (5)Subsections (3) and (4) do not apply to employees in a 606 bargaining unit in which the majority of employees are law 607 enforcement officers, correctional officers, or correctional 608 probation officers as those terms are defined in s. 943.10(1), 609 (2), or (3), respectively; firefighters as defined in s. 610 633.102; 911 public safety telecommunicators as defined in s. 611 401.465(1)(a); or emergency medical technicians or paramedics as 612 those terms are defined in s. 401.23. 613 Section 5.Paragraph (d) is added to subsection (12) of 614 section 447.207, Florida Statutes, and subsection (6) of that 615 section is reenacted, to read: 616 447.207Commission; powers and duties. 617 (6)Pursuant to its established procedures, the commission 618 shall resolve questions and controversies concerning claims for 619 recognition as the bargaining agent for a bargaining unit, 620 determine or approve units appropriate for purposes of 621 collective bargaining, expeditiously process charges of unfair 622 labor practices and violations of s. 447.505 by public 623 employees, and resolve such other questions and controversies as 624 it may be authorized herein to undertake. The petitioner, 625 charging party, respondent, and any intervenors shall be the 626 adversary parties before the commission in any adjudicatory 627 proceeding conducted pursuant to this part. Any commission 628 statement of general applicability that implements, interprets, 629 or prescribes law or policy, made in the course of adjudicating 630 a case pursuant to s. 447.307 or s. 447.503 shall not constitute 631 a rule within the meaning of s. 120.52. 632 (12)Upon a petition by a public employer after it has been 633 notified by the Department of Labor that the public employers 634 protective arrangement covering mass transit employees does not 635 meet the requirements of 49 U.S.C. s. 5333(b) and would 636 jeopardize the employers continued eligibility to receive 637 Federal Transit Administration funding, the commission may 638 waive, to the extent necessary for the public employer to comply 639 with the requirements of 49 U.S.C. s. 5333(b), any of the 640 following for an employee organization that has been certified 641 as a bargaining agent to represent mass transit employees: 642 (d)The prohibited actions of public employers in s. 643 447.509(3) and (4). 644 Section 6.Subsection (3) of section 110.114, Florida 645 Statutes, is amended to read: 646 110.114Employee wage deductions. 647 (3)Notwithstanding the provisions of subsections (1) and 648 (2), the deduction of an employees membership dues deductions 649 as defined in s. 447.203 s. 447.203(15) for an employee 650 organization as defined in s. 447.203 is s. 447.203(11) shall be 651 authorized or permitted only for an organization that has been 652 certified as the exclusive bargaining agent pursuant to chapter 653 447 for a unit of state employees in which the employee is 654 included. Such deductions shall be subject to the provisions of 655 s. 447.303. 656 Section 7.Paragraph (w) of subsection (2) of section 657 110.205, Florida Statutes, is amended to read: 658 110.205Career service; exemptions. 659 (2)EXEMPT POSITIONS.The exempt positions that are not 660 covered by this part include the following: 661 (w)Managerial employees, as defined in s. 447.203 s. 662 447.203(4), confidential employees, as defined in s. 447.203 s. 663 447.203(5), and supervisory employees who spend the majority of 664 their time communicating with, motivating, training, and 665 evaluating employees, and planning and directing employees 666 work, and who have the authority to hire, transfer, suspend, lay 667 off, recall, promote, discharge, assign, reward, or discipline 668 subordinate employees or effectively recommend such action, 669 including all employees serving as supervisors, administrators, 670 and directors. Excluded are employees also designated as special 671 risk or special risk administrative support and attorneys who 672 serve as administrative law judges pursuant to s. 120.65 or for 673 hearings conducted pursuant to s. 120.57(1)(a). Additionally, 674 registered nurses licensed under chapter 464, dentists licensed 675 under chapter 466, psychologists licensed under chapter 490 or 676 chapter 491, nutritionists or dietitians licensed under part X 677 of chapter 468, pharmacists licensed under chapter 465, 678 psychological specialists licensed under chapter 491, physical 679 therapists licensed under chapter 486, and speech therapists 680 licensed under part I of chapter 468 are excluded, unless 681 otherwise collectively bargained. 682 Section 8.Subsection (6) of section 112.3187, Florida 683 Statutes, is amended to read: 684 112.3187Adverse action against employee for disclosing 685 information of specified nature prohibited; employee remedy and 686 relief. 687 (6)TO WHOM INFORMATION DISCLOSED.The information 688 disclosed under this section must be disclosed to any agency or 689 federal government entity having the authority to investigate, 690 police, manage, or otherwise remedy the violation or act, 691 including, but not limited to, the Office of the Chief Inspector 692 General, an agency inspector general or the employee designated 693 as agency inspector general under s. 112.3189(1) or inspectors 694 general under s. 20.055, the Florida Commission on Human 695 Relations, and the whistle-blowers hotline created under s. 696 112.3189. However, for disclosures concerning a local 697 governmental entity, including any regional, county, or 698 municipal entity, special district, community college district, 699 or school district or any political subdivision of any of the 700 foregoing, the information must be disclosed to a chief 701 executive officer as defined in s. 447.203 s. 447.203(9) or 702 other appropriate local official. 703 Section 9.Subsection (5) of section 121.031, Florida 704 Statutes, is amended to read: 705 121.031Administration of system; appropriation; oaths; 706 actuarial studies; public records. 707 (5)The names and addresses of retirees are confidential 708 and exempt from the provisions of s. 119.07(1) to the extent 709 that no state or local governmental agency may provide the names 710 or addresses of such persons in aggregate, compiled, or list 711 form to any person except to a public agency engaged in official 712 business. However, a state or local government agency may 713 provide the names and addresses of retirees from that agency to 714 a bargaining agent as defined in s. 447.203 s. 447.203(12) or to 715 a retiree organization for official business use. Lists of names 716 or addresses of retirees may be exchanged by public agencies, 717 but such lists shall not be provided to, or open for inspection 718 by, the public. Any person may view or copy any individuals 719 retirement records at the Department of Management Services, one 720 record at a time, or may obtain information by a separate 721 written request for a named individual for which information is 722 desired. 723 Section 10.Subsection (1) of section 447.02, Florida 724 Statutes, is amended to read: 725 447.02Definitions.The following terms, when used in this 726 chapter, shall have the meanings ascribed to them in this 727 section: 728 (1)The term labor organization means any organization of 729 employees or local or subdivision thereof, having within its 730 membership residents of the state, whether incorporated or not, 731 organized for the purpose of dealing with employers concerning 732 hours of employment, rate of pay, working conditions, or 733 grievances of any kind relating to employment and recognized as 734 a unit of bargaining by one or more employers doing business in 735 this state, except that an employee organization, as defined 736 in s. 447.203 s. 447.203(11), shall be included in this 737 definition at such time as it seeks to register pursuant to s. 738 447.305. 739 Section 11.Subsection (6) of section 447.305, Florida 740 Statutes, is amended to read: 741 447.305Registration of employee organization. 742 (6)Notwithstanding the provisions of this chapter relating 743 to collective bargaining, an employee organization certified as 744 a bargaining agent to represent a bargaining unit for which less 745 than 60 percent of the unit employees have submitted membership 746 authorization forms without subsequent revocation and paid dues 747 to the organization during its last registration period must 748 petition the commission pursuant to s. 447.307 s. 447.307(2) and 749 (3) for recertification as the exclusive representative of all 750 employees in the bargaining unit within 30 days after the date 751 on which the employee organization applies for renewal of 752 registration pursuant to subsection (2). The certification of an 753 employee organization that does not comply with this section is 754 revoked. 755 Section 12.Subsection (2) of section 1011.60, Florida 756 Statutes, is amended to read: 757 1011.60Minimum requirements of the Florida Education 758 Finance Program.Each district which participates in the state 759 appropriations for the Florida Education Finance Program shall 760 provide evidence of its effort to maintain an adequate school 761 program throughout the district and shall meet at least the 762 following requirements: 763 (2)MINIMUM TERM.Operate all schools for a term of 180 764 actual teaching days or the equivalent on an hourly basis as 765 specified by rules of the State Board of Education each school 766 year. The State Board of Education may prescribe procedures for 767 altering, and, upon written application, may alter, this 768 requirement during a national, state, or local emergency as it 769 may apply to an individual school or schools in any district or 770 districts if, in the opinion of the board, it is not feasible to 771 make up lost days or hours, and the apportionment may, at the 772 discretion of the Commissioner of Education and if the board 773 determines that the reduction of school days or hours is caused 774 by the existence of a bona fide emergency, be reduced for such 775 district or districts in proportion to the decrease in the 776 length of term in any such school or schools. A strike, as 777 defined in s. 447.203 s. 447.203(6), by employees of the school 778 district may not be considered an emergency. 779 Section 13.For the purpose of incorporating the amendment 780 made by this act to section 447.307, Florida Statutes, in a 781 reference thereto, paragraph (b) of subsection (12) of section 782 120.80, Florida Statutes, is reenacted to read: 783 120.80Exceptions and special requirements; agencies. 784 (12)PUBLIC EMPLOYEES RELATIONS COMMISSION. 785 (b)Section 120.60 does not apply to certification of 786 employee organizations pursuant to s. 447.307. 787 Section 14.This act shall take effect July 1, 2025.