Florida law sets public employee union voting and pay rules

Covered unions must seek renewed approval when fewer than 60 percent of their group's employees have both authorized membership and paid dues. The Public Employees Relations Commission oversees unions representing public workers. Public safety groups have a majority in listed safety jobs, including police officers, firefighters, and emergency medical workers. Petitions to approve or renew representation need signed support from at least 30 percent of the employee group, dated no more than 12 months before filing. Approval or renewal requires at least half of the group's employees to vote and at least half of voters to select the union. Removal requires the same turnout and at least half of voters to support removal. Public safety groups are exempt from these renewal requirements. Their approval and removal elections use a majority of votes cast, without the half-group turnout requirement. Either party may request a mail election for approval or renewal. Prepaid return envelopes for mail elections depend on lawmakers setting aside money. The renewal petition is due within 30 days after notice that renewal information is complete. Election thresholds apply to petitions filed on or after July 1, 2026.

Public employers cannot pay employees specifically for union activities unless an exception applies. The payment ban and leave exceptions do not apply to employees in public safety groups. Workers may use their own or voluntarily donated personal paid leave if comparable workers earn it equally and may freely choose how to use it. Employers and unions may agree to paid duty for representation work, such as negotiations, grievances, and employee discipline cases. A labor agreement may allow other paid union work if the union fully repays the employer for compensation and benefits. Employers and unions may agree to time off without pay or benefits. The union may pay the worker. The law takes effect July 1, 2026.

Local governments and unions must follow a timed negotiation process when restricted state salary money requires changing a labor agreement. This process covers local governments and unions representing their workers, except employees in public safety groups. The process applies when lawmakers direct money to local employee salaries, restrict its use to salaries and related costs, and using it requires changing a labor agreement. Neither side may file an unfair labor practice complaint during the 30-day negotiation period or the resulting deadlock process. Deadlocks follow deadlines for a neutral review, a public hearing, and a decision by the local governing body. Any resulting agreement must be handled separately from other bargaining issues. The parties must meet within 15 calendar days after the funding takes effect. If a dispute remains at 30 calendar days, one party must declare a deadlock within two business days.

Courts impose fines for defying strike orders, and the commission may fine unions for prohibited strikes. These penalties cover public employee unions and their officers, agents, or representatives involved in prohibited strikes or violations of court orders. A union found in contempt for violating a court order against a strike faces a fine of up to $30,000. Union officers, agents, or representatives found in contempt face fines of $300 to $600 per calendar day of the violation. The commission may fine a union up to $40,000 per calendar day of a prohibited strike, or the estimated daily public cost even if it exceeds $40,000. When determining damages, the commission must consider employer conduct that provoked the strike. Commission fines go to replacing lost public services. Daily fines apply to each calendar day of the relevant violation.

Unions must stop collecting dues after written membership withdrawal. Public employers must give competing participants equal workplace access during union representation cases. The access requirement covers public employers' facilities and internal communication systems for those representation cases. Employees may withdraw membership at any time of year. A required withdrawal form cannot ask why they are leaving. The membership-form and withdrawal requirements do not apply to employees in public safety groups. Equal access covers registered unions and petitioning employees seeking to support, oppose, or join proceedings to approve, renew, or remove union representation. The union's 30-day deadline starts when it receives written withdrawal. Equal access runs from the petition's filing through its final resolution.