Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. CS for SB 1296
Ì323952.Î323952
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/03/2026 .
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The Committee on Fiscal Policy (Simon) recommended the
following:
1 Senate Amendment
2
3 Delete lines 1014 - 1204
4 and insert:
5 (4)(a) Except as provided in paragraph (b), elections are
6 determined as follows for all certification or recertification
7 petitions filed on or after July 1, 2026:
8 1.(b) If at least 25 percent of the public employees in the
9 bargaining unit as of the date set by the commission participate
10 in the election, and at least 60 percent of the public employees
11 voting in the election select an employee organization, When an
12 employee organization is selected by a majority of the employees
13 voting in an election, the commission shall certify or recertify
14 the employee organization as the exclusive collective bargaining
15 agent for the public representative of all employees in the
16 unit.
17 2. A runoff election shall be held according to rules
18 adopted by the commission if, in the election conducted under
19 subparagraph 1., there was more than one employee organization
20 on the ballot, at least 25 percent of the employees in the
21 bargaining unit participated in the election, and none of the
22 choices on the ballot received a vote of 60 percent of the
23 public employees who voted in the election.
24 (b) Certification elections involving public safety units
25 are determined as follows:
26 1. If an employee organization is selected by a majority
27 vote of the public employees voting in the election, the
28 commission shall certify the employee organization as the
29 bargaining agent for the public employees in the bargaining
30 unit.
31 2. A runoff election shall be held according to rules
32 adopted by the commission if, in the election conducted under
33 subparagraph 1., there was more than one employee organization
34 on the ballot and none of the choices on the ballot received a
35 majority vote of the public employees voting in the election.
36 (c) Certification, recertification, or revocation under
37 this section is effective upon the issuance of a the final order
38 by the commission or, if the final order is appealed, at the
39 time the appeal is exhausted or any stay is vacated by the
40 commission or a the court.
41 (c) In any election in which none of the choices on the
42 ballot receives the vote of a majority of the employees voting,
43 a runoff election shall be held according to rules promulgated
44 by the commission.
45 (d) No petition may be filed seeking an election in any
46 proposed or existing appropriate bargaining unit to determine
47 the exclusive bargaining agent within 12 months after the date
48 of a commission order verifying a representation election or, if
49 an employee organization prevails, within 12 months after the
50 date of an effective certification covering any of the employees
51 in the proposed or existing bargaining unit. Furthermore, if a
52 valid collective bargaining agreement covering any of the
53 employees in a proposed unit is in effect, a petition for
54 certification may be filed with the commission only during the
55 period extending from 150 days to 90 days immediately preceding
56 the expiration date of that agreement, or at any time subsequent
57 to its expiration date but prior to the effective date of any
58 new agreement. The effective date of a collective bargaining
59 agreement means the date of ratification by both parties, if the
60 agreement becomes effective immediately or retroactively; or its
61 actual effective date, if the agreement becomes effective after
62 its ratification date.
63 (5)(4) In defining a proposed bargaining unit, the
64 commission shall take into consideration:
65 (a) The principles of efficient administration of
66 government.
67 (b) The number of employee organizations with which the
68 employer might have to negotiate.
69 (c) The compatibility of the unit with the joint
70 responsibilities of the public employer and public employees to
71 represent the public.
72 (d) The power of the officials of government at the level
73 of the unit to agree, or make effective recommendations to
74 another administrative authority or to a legislative body, with
75 respect to matters of employment upon which the employee desires
76 to negotiate.
77 (e) The organizational structure of the public employer.
78 (f) Community of interest among the employees to be
79 included in the unit, considering:
80 1. The manner in which wages and other terms of employment
81 are determined.
82 2. The method by which jobs and salary classifications are
83 determined.
84 3. The interdependence of jobs and interchange of
85 employees.
86 4. The desires of the employees.
87 5. The history of employee relations within the
88 organization of the public employer concerning organization and
89 negotiation and the interest of the employees and the employer
90 in the continuation of a traditional, workable, and accepted
91 negotiation relationship.
92 (g) The statutory authority of the public employer to
93 administer a classification and pay plan.
94 (h) Such other factors and policies as the commission may
95 deem appropriate.
96
97 However, a bargaining no unit may not shall be established
98 or approved for purposes of collective bargaining which includes
99 both professional and nonprofessional employees unless a
100 majority of each group votes for inclusion in such bargaining
101 unit.
102 Section 12. Section 447.3076, Florida Statutes, is created
103 to read:
104 447.3076 Clarification of bargaining units.—
105 (1) A petition to clarify the composition of a bargaining
106 unit may be filed with the commission when significant changes
107 in statutory law or case law require clarification of the
108 bargaining unit or when a classification was:
109 (a) Created or substantially changed after the unit was
110 initially defined by the commission;
111 (b) Retitled with no substantial change in job duties; or
112 (c) Included or excluded through inadvertence or
113 misunderstanding by the commission.
114 (2) A bargaining unit clarification petition may be filed
115 by the bargaining agent for the bargaining unit or by the public
116 employer of the public employees in the unit.
117 (3) A copy of the petition must be served on the public
118 employer and any bargaining agent that is certified to represent
119 any employee or classification which may be substantially
120 affected by the proposed bargaining unit clarification.
121 (4) If any substantially affected employees are not
122 represented by a bargaining agent, the public employer must
123 provide a copy of the petition to those employees within 10 days
124 after the filing of the petition.
125 (5) When the clarification of a bargaining unit would
126 result in an increase in the size of the bargaining unit by more
127 than 25 percent, the unit clarification petition raises a
128 question concerning representation and must be dismissed.
129 Section 13. Section 447.308, Florida Statutes, is amended
130 to read:
131 447.308 Decertification Revocation of certification of
132 employee organizations organization.—
133 (1) A public Any employee or group of public employees
134 which no longer desires to be represented by a the certified
135 bargaining agent may file with the commission a petition to
136 decertify the bargaining agent revoke certification. The
137 petition must shall be accompanied by a showing of interest from
138 dated statements signed by at least 30 percent of the public
139 employees in the bargaining unit, indicating that such employees
140 no longer desire to be represented for purposes of collective
141 bargaining by the certified bargaining agent. The time of filing
142 said petition shall be governed by the provisions of s.
143 447.307(3)(d) relating to petitions for certification. The
144 showing of interest statements must be signed and dated by the
145 public employees not more than 12 months before the filing of
146 the petition. Any employee, employer, or employee organization
147 having sufficient reason to believe that the showing of interest
148 was any of the employee signatures were obtained by collusion,
149 coercion, intimidation, or misrepresentation or is are otherwise
150 invalid shall be given a reasonable opportunity to verify and
151 challenge the showing of interest signatures appearing on the
152 petition.
153 (2)(a) A decertification petition may not be filed
154 regarding the bargaining unit within 12 months after the date
155 the commission issues an order that verifies the results of a
156 certification, recertification, or decertification election
157 covering any of the public employees in the unit.
158 (b) If a valid collective bargaining agreement covering any
159 of the public employees in the bargaining unit is in effect, a
160 decertification petition may only be filed with the commission
161 at least 90 but not more than 150 days immediately preceding the
162 expiration date of the collective bargaining agreement, or at
163 any time after such agreement’s expiration date but before the
164 effective date of a new collective bargaining agreement. The
165 effective date of a collective bargaining agreement is the date
166 of ratification of such agreement by both parties if such
167 agreement becomes effective immediately or retroactively, or the
168 collective bargaining agreement’s actual effective date if such
169 agreement becomes effective after its ratification date.
170 (3) The commission or one of its designated agents shall
171 investigate the decertification petition to determine its
172 sufficiency. If the commission finds that the petition is to be
173 insufficient, the commission must it may dismiss the petition.
174 If the commission finds that the petition is sufficient, the
175 commission must it shall immediately:
176 (a) Identify the bargaining unit and determine which public
177 employees shall be qualified and entitled to vote in the
178 election held by the commission.
179 (b) Identify the public employer or employers of the
180 bargaining unit.
181 (c) Order an election by secret ballot, the cost of said
182 election to be borne equally by the parties, except as the
183 commission may provide by rule. The commission’s order assessing
184 costs of an election may be enforced pursuant to the provisions
185 of this part.
186 (4)(a) Except as provided in paragraph (b), elections are
187 determined as follows for all decertification petitions filed on
188 or after July 1, 2026:
189 1. If at least 25 percent of the public employees in the
190 bargaining unit as of the date set by the commission participate
191 in the election, and at least 60 percent of the public employees
192 voting in the election vote to decertify an employee
193 organization, the commission shall revoke the bargaining agent’s
194 certification for that bargaining unit.
195 2. If decertification is not selected by at least 60
196 percent of the public employees voting in the election, and at
197 least 25 percent of the employees who are in the bargaining unit
198 as of the date set by the commission participate in the
199 election, the bargaining agent shall retain its certification
200 for that bargaining unit.