The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/SB 256
INTRODUCER: Fiscal Policy Committee; Governmental Oversight and Accountability Committee; and
Senator Ingoglia
SUBJECT: Employee Organizations Representing Public Employees
DATE: March 17, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McVaney McVaney GO Fav/CS
2. McVaney Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 256 enacts several new requirements of the employee organizations that represent
public employees in collective bargaining. Specifically, the bill:
 Requires employees who wish to join certain employee organizations to sign a membership
authorization form that is prescribed by the Public Employees Relations Commission
(PERC), which must contain specific information.
 Requires specific employee organizations to allow a member to revoke his or her
membership in the organization at any time, and without any reason.
 Allows the PERC to inspect specific employee organization’s membership authorization
forms and membership revocation forms.
 Prohibits certain employee organizations from receiving their members’ dues and
assessments via salary deduction from the members’ public employer.
 Expands the information required in an employee organization’s annual registration renewal
with the PERC. This newly required information includes information that relates to the
number and percentage of dues-paying members in each bargaining unit. In addition, the
employee organization’s current annual financial report must be audited by an independent
certified public accountant.
 Authorizes the public employer or an employee who is eligible for representation in the
bargaining unit to challenge the application for registration renewal. The PERC must
investigate to confirm the information submitted.
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 Requires the employee organization to be recertified as the bargaining agent if the number of
employees paying dues to the employee organization during the last registration period is less
than 60 percent of the number of employees eligible for representation in the bargaining unit.
 Requires the certified bargaining agent to provide certain information to its members,
including the annual costs of membership.
 Expands the prohibited activities by certain employee organizations and its representatives.
To implement its new responsibilities under the bill, the PERC is expected to incur roughly
$900,000 of recurring expenditures. Otherwise, the bill is expected to have an indeterminate
fiscal impact on local government expenditures.
The bill takes effect July 1, 2023.
II. Present Situation:
Right-to-Work
The State Constitution provides that the “right of persons to work shall not be denied or abridged
on account of membership or non-membership in any labor union or labor organization.”1 Based
on this constitutional right, Florida is regarded as a “right-to-work” state.
Collective Bargaining
The State Constitution also guarantees that “the right of employees, by and through a labor
organization, to bargain collectively shall not be denied or abridged.”2 To implement this
constitutional provision, the Legislature enacted ch. 447, F.S., which provides that the purpose of
collective bargaining is to promote cooperative relationships between the government and its
employees and to protect the public by assuring the orderly and uninterrupted operations and
functions of government.3 Public employees have the right to form, join, participate in, and be
represented by an employee organization of their own choosing, or to refrain from forming,
joining, participating in, or being represented by an employee organization. 4 Regardless of union
membership, each employee is subject to the negotiated collective bargaining agreement that is
applicable to the employee’s position. Through collective bargaining, public employees5
1
FLA. CONST. art. 1, s. 6.
2
Id.
3
Section 447.201, F.S.
4
Section 447.301(1) and (2), F.S.
5
Section 447.203(3), F.S., defines the term “public employee” to mean any person employed by a public employer except:
BILL: CS/CS/SB 256 Page 3
collectively negotiate with their public employer6 in the determination of the terms and
conditions of their employment.7 The Public Employees Relations Commission (PERC) is
responsible for assisting in resolving disputes between public employees and public employers. 8
Registration of Employee Organization
An employee organization9 that seeks to become a certified bargaining agent for public
employees must register with the PERC prior to (a) requesting recognition by a public employer
for purposes of collective bargaining and (b) submitting a petition to the PERC to request
certification as an exclusive bargaining agent.10 The application for registration must include:
 The name and address of the organization and of any parent organization or organization
with which it is affiliated;
 The names and addresses of the principal officers and all representatives of the organization;
 The amount of the initiation fee and of the monthly dues which members must pay;
 The current annual financial statement of the organization;
 The name of its business agent, if any; the name of its local agent for service of process, if
different from the business agent; and the addresses where such person or persons can be
reached;
 A pledge, in a form prescribed by the commission, that the employee organization will
conform to the laws of the state and that it will accept members without regard to age, race,
sex, religion, or national origin;
 A copy of the current constitution and bylaws of the employee organization; and
 A copy of the current constitution and bylaws of the state and national groups with which the
employee organization is affiliated or associated. In lieu of this provision, and upon adoption
of a rule by the commission, a state or national affiliate or parent organization of any
(a) Persons appointed by the Governor or elected by the people, agency heads, and members of boards and
commissions.
(b) Persons holding positions by appointment or employment in the organized militia.
(c) Individuals acting as negotiating representatives for employer authorities.
(d) Persons who are designated by the commission as managerial or confidential employees pursuant to criteria
contained herein.
(e) Persons holding positions of employment with the Florida Legislature.
(f) Persons who have been convicted of a crime and are inmates confined to institutions within the state.
(g) Persons appointed to inspection positions in federal/state fruit and vegetable inspection service whose conditions of
appointment are affected by the following:
1. Federal license requirement.
2. Federal autonomy regarding investigation and disciplining of appointees.
3. Frequent transfers due to harvesting conditions.
(h) Persons employed by the Public Employees Relations Commission.
(i) Persons enrolled as undergraduate students in a state university who perform part-time work for the state university.
6
The term “public employer” means the state or any county, municipality, or special district or any subdivision or agency
thereof that the commission determines has sufficient legal distinctiveness properly to carry out the functions of a public
employer. Section 447.203(2), F.S.
7
Section 447.301(2), F.S.
8
Section 447.201(3), F.S.
9
Section 447.203(11), F.S., defines employee organization as any “labor organization, union, association, fraternal order,
occupational or professional society, or group, however organized or constituted, which represents, or seeks to represent, any
public employee or group of public employees concerning any matters relating to their employment relationship with a public
employer.”
10
Section 447.305(1), F.S.
BILL: CS/CS/SB 256 Page 4
registering labor organization may annually submit a copy of its current constitution and
bylaws.11
A registration granted to an employee organization is valid for 1 year from the date of issuance.
A registration must be renewed annually by filing an application for renewal under oath with the
PERC. An application for renewal must reflect any changes in the information provided to the
PERC in conjunction with the employee organization’s preceding application for registration or
previous renewal. Each application for renewal of registration must include a current annual
financial report with the following information:12
 Assets and liabilities at the beginning and end of the fiscal year;
 Receipts of any kind and the sources thereof;
 Salary, allowances, and other direct or indirect disbursements to each officer and to each
employee who received during the fiscal year more than $10,000 in the aggregate from the
employee organization and any affiliated employee organization;
 Direct and indirect loans made to any officer, employee, member which aggregated more
than $250 during the fiscal year; and
 Direct and indirect loans to any business enterprise.
A registration fee of $15 must be submitted for each registration and renewal.13
Certification of Employee Organization as bargaining agent
After registering with the PERC, an employee organization may begin the certification process.
Any employee organization that is selected by a majority of public employees in a designated
unit as their representative for collective bargaining purposes can request recognition by the
public employer.
The employer, if satisfied as to the majority status of the employee organization and the
appropriateness of the unit, must recognize the employee organization as the collective
bargaining representative of employees in the designated unit. Following recognition by the
employer, the employee organization must immediately petition the commission for
certification.14 The PERC will review only the appropriateness of the unit proposed by the
employee organization. Appropriateness is defined as the history of employee relations within
the organization of the public employer concerning organization and negotiation and the interest
of the employees and the employer.15 If the unit is appropriate, the PERC will immediately
certify the employee organization as the exclusive representative of all employees in the unit. If
the unit is inappropriate, the PERC may dismiss the petition.
If the public employer refuses to recognize the employee organization, the employee
organization may file a petition with the PERC for certification as the bargaining agent. The
petition has to be accompanied by dated statements signed by at least 30 percent of the
employees in the proposed unit. The PERC will investigate the petition to determine its
11
Section 447.305(1)(a-h), F.S.
12
Section 447.305(2), F.S.
13
Section 447.305(3), F.S.
14
Section 447.307(1)(a), F.S.
15
Section 447.307(4)(f), F.S.
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sufficiency, and provide for an appropriate hearing upon notice, and may order an election by
secret ballot. Any registered employee organization that desires to be placed on the ballot in any
election may be permitted by the commission to intervene. If an employee organization is
selected by the majority of the employees who vote in the election, the commission must certify
the employee organization as the exclusive collective representative for all employees in the
unit.16
Authority of the Certified Bargaining Agent
The certified bargaining agent and the chief executive of the public employer must bargain
collectively and in good faith in the determination of wages, hours, and terms and conditions of
employment of the employees.17 Any collective bargaining agreement reached between the
parties must be put in writing and signed by the chief executive officer and the bargaining
agent.18 Such agreement is not binding on the employer until the agreement has been ratified by
the employer and the employees in the bargaining unit.19 Current law prohibits a collective
bargaining agreement from providing for a term of existence of more than 3 years and requires
the agreement to contain all of the terms and conditions of employment of the employees during
such term.20 The bargaining agent also has the authority to process grievances to settle disputes
between the employer and the employees in the bargaining unit.21
An employee organization which has been certified as the bargaining agent has the right to have
its dues and assessments deducted and collected by the employer from the salaries of those
employees who authorize the deduction of said dues and assessments.22
For state agencies, the Department of Financial Services (DFS) must concur with the agencies
before deductions are allowed. However, the deductions from salary for the membership dues of
a certified bargaining agent does not require the concurrence of the DFS;23 provided the
deductions may be permitted only for an organization that has been certified as the exclusive
bargaining agent for a unit in which the employee is included.24
Likewise, cities, counties and special districts are permitted in their sole discretion to make wage
deductions as authorized and directed by the employee.25
Records Exempt from Public Records Inspection and Copying Requirements
The petitions and statements signed and dated by employees indicating that the employee wants
to be represented by an employee organization for purposes of collective bargaining are
confidential and exempt from public inspection and copying requirements. However, the names
16
Section 447.307(3)(a-d), F.S.
17
Section 447.309(1), F.S.
18
Id.
19
Id.
20
Section 447.309(5), F.S.
21
Section 447.401, F.S.
22
Section 447.303, F.S.
23
Section 110.114(1), F.S.
24
Section 110.114(3), F.S.
25
Section 112.171, F.S.
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appearing on the petition may be challenged by any employee, employer, or employer
organization with sufficient reason to believe that the names were obtained by collusion,
coercion, intimidation, or misrepresentation or are otherwise invalid.26
The payroll deduction records of an employee of a school board are confidential and exempt
from public inspection and copying requirements.27
Prohibited Acts by Employee Organizations and Employees
An employee organization, its members, agents, or representatives, or any person’s action on its
behalf is prohibited from:
 Soliciting public employees during working hours of any employee involved in the
solicitation;
 Distributing literature during working hours in areas where the actual work of public
employees is performed; and
 Instigating or advocating support, in any positive manner, for an employee organization’s
activities from high school or grade school students during classroom time.28
Enforcement of these prohibitions is in the circuit court through injunctive relief and contempt
proceedings. A public employee who is convicted of such violation may be discharged or
disciplined otherwise.29
For state employees, an organization, entity, or person is prohibited from intentionally soliciting
a state employee, through any means, for fundraising or business purposes within work areas
during work hours.30 This prohibition does not apply to state-approved communications by
entities with whom the state has contracted to provide employee benefits or services,31
noncoercive voluntary communications between state employees in work areas,32 or activities at
authorized public events that occur in nonwork areas of state owned or leased facilities.33
Revocation of certification
An employee or group of employees who no longer desires to be represented by the certified