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 Rules
BILL: CS/SB 1746
INTRODUCER: Rules Committee and Senator Ingoglia
SUBJECT: Public Employees
DATE: February 9, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McVaney McVaney GO Favorable
2. McVaney Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1746 modifies the requirements for employee organizations and bargaining units to
maintain registration and certification requirements. Specifically, the bill:
 Clarifies the Public Employee Relations Commission’s (PERC) authority to waive
requirements regarding the prohibition on dues and assessment deductions applies only to
mass transit employees who have signed membership authorization forms and submitted the
forms to the public employer as part of the employees’ authorizations for the public employer
to deduct amounts from the employees’ salaries.
 Requires a public employee to submit the signed membership authorization form to the
bargaining agent if the employee wants to join the bargaining unit. Under current law, these
forms must be maintained by the employee organization and are subject to inspection by the
PERC.
 Exempts from the membership authorization form requirements those bargaining units (not
the employee organization generally) the majority of whose employees eligible for
representation are employed as law enforcement officers, correctional officers, correctional
probation officers, firefighters, 911 public safety telecommunicators, emergency medical
technicians or paramedics.
 Clarifies that an employee organization has the right to have its dues and assessments
deducted from employees’ salaries only if the affected bargaining unit the majority of whose
employees eligible for representation are employed in particular occupations. The
occupations that are eligible to have union dues and assessments deducted from public
salaries are expanded to include 911 public safety telecommunicators, emergency medical
technicians and paramedics.
BILL: CS/SB 1746 Page 2
 Modifies the information an employee organization must submit to the PERC during the
renewal of registration process to include the frequency of collection of membership dues
and data on expenditures. The annual financial statement will no longer be required to be
“audited” by a certified public accountant. Instead, the statement must be “prepared” by a
certified public accountant.
 Requires an employee organization that has not had 60 percent of its unit employees pay
dues during its last registration period and submit membership authorization forms to the
employee organization to petition the PERC for recertification as the bargaining agent within
30 days (rather than 1 month) after the date the employee organization applied for renewal of
registration. If the employee organization fails to petition timely, the certification as the
bargaining agent is revoked.
 Modifies the circumstances under which the PERC may revoke an employee organization’s
registration or certification as a bargaining agent to include:
o The employee organization’s refusal to permit the PERC to inspect membership
authorization forms or revocations.
o The employee organization intentionally misrepresenting any information submitted for
its registration renewal rather than just the information submitted to determine whether a
bargaining unit has 60 percent of its eligible employees paying dues to the employee
organization.
 Modifies the exemption regarding the submission of membership information and the
associated consequences if a bargaining unit does not meet the 60 percent threshold. The
exemption is applicable to a bargaining unit the majority of whose employees eligible for
representation are employed as law enforcement officers, correctional officers, correctional
probation officers, firefighters, 911 public safety telecommunicators, emergency medical
technicians or paramedics. This clarifies that the exemption is applicable to the bargaining
unit rather than the employee organization as a whole. Moreover, the occupations exempted
are expanded to include 911 public safety telecommunicators, emergency medical
technicians, and paramedics.
 Modifies the requirements placed on each employee organization to make certain
information available to its members. The annual financial report will no longer be required
to be “audited” by a certified public accountant. Instead, the report must be “prepared” by a
certified public accountant. In addition, the PERC is granted authority to prescribe the
categories of revenues and expenditures to be included in the annual financial report.
 Requires only a financial statement prepared by a CPA, in lieu of an audited financial
statement from an employee organization for a renewal of registration between July 1, 2023
and the effective date of this bill. Consistent with this change, the PERC is prohibited from
denying a renewal of registration or revoking a certification as the bargaining agent based
solely upon an employee organization’s failure to submit an audited financial statement
during the renewal process during this same period.
The fiscal impact on the PERC is indeterminate. The bill is not expected to otherwise impact
state or local government revenues and expenditures.
The bill takes effect upon becoming a law.
BILL: CS/SB 1746 Page 3
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
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
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:
(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.
BILL: CS/SB 1746 Page 4
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 audited 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
registering labor organization may annually submit a copy of its current constitution and
bylaws.11
A registration granted to an employee organization is valid for one year from the date of
issuance. A registration must be renewed annually by filing an application for renewal under
oath with 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.
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.
11
Section 447.305(1)(a-h), F.S.
12
Section 447.305(2), F.S.
BILL: CS/SB 1746 Page 5
A registration fee of $15 must be submitted for each registration and renewal.13
In addition to the information above, certain employee organizations14 must submit the following
information for any renewal of registration on or after October 1, 2023:
 The number of employees in the bargaining unit who are eligible for representation by the
employee organization.
 The number of employees in the bargaining unit who have submitted signed membership
authorization forms without a subsequent revocation of such membership.
 The number of employees in the bargaining unit who paid dues to the employee organization.
 The number of employees in the bargaining unit who did not pay dues to the employee
organization.
 Documentation provided by an independent certified public accountant retained by the
employee organization which verifies the information provided.15
Certification of Employee Organization as Bargaining Agent
After registering with 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.16 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.17 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
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
13
Section 447.305(10), F.S.
14
Employee organizations that have been certified as the bargaining agent to represent law enforcement officers, correctional
officers, correctional probation officers, or firefighters are exempt from providing this information. Section 447.305(9), F.S.
15
Section 447.305(3), F.S.
16
Section 447.307(1)(a), F.S.
17
Section 447.307(4)(f), F.S.
BILL: CS/SB 1746 Page 6
the employee organization as the exclusive collective representative for all employees in the
unit.18
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.19 Any collective bargaining agreement reached between the
parties must be put in writing and signed by the chief executive officer an