Florida SB 1298: Juvenile Justice
Status: Died in Criminal Justice, companion bill(s) passed, see CS/SB 1552 (Ch. 2018-86) (as of 2018-03-10)
State: Florida · Session: 2018 · Bill: SB 1298
Subjects: governments, agencies
Sponsors: Brandes
Bill Text
1298 Public Records/Public Employees Relations Commission 2026-02-13T04:48:48Z Providing an exemption from public records requirements for a showing of interest signed by the employees or the group of employees who no longer desire to be represented by a certified bargaining agent; providing for future legislative review and repeal of the exemption; providing for the reversion of specified statutory text under certain conditions; providing statements of public necessity, etc. Committee Substitute 1 2026 S GB General Bill c1 Florida Senate - 2026 CS for SB 1298 By the Committee on Governmental Oversight and Accountability; and Senator Martin 585-02790-26 20261298c1 1 A bill to be entitled 2 An act relating to public records; amending s. 3 447.308, F.S.; providing an exemption from public 4 records requirements for a showing of interest signed 5 by the employees or the group of employees who no 6 longer desire to be represented by a certified 7 bargaining agent; providing for future legislative 8 review and repeal of the exemption; providing for the 9 reversion of specified statutory text under certain 10 conditions; providing statements of public necessity; 11 providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Subsection (1) of section 447.308, Florida 16 Statutes, is amended to read: 17 447.308 Revocation of certification of employee 18 organization.— 19 (1) Any employee or group of employees which no longer 20 desires to be represented by the certified bargaining agent may 21 file with the commission a petition to revoke certification. The 22 petition must shall be accompanied by dated statements signed by 23 at least 30 percent of the employees in the unit, indicating 24 that such employees no longer desire to be represented for 25 purposes of collective bargaining by the certified bargaining 26 agent. The time of filing said petition is shall be governed by 27 the provisions of s. 447.307(3)(d) relating to petitions for 28 certification. The showing of interest signed by the employees 29 is confidential and exempt from s. 119.07(1) and s. 24(a), 30 Article I of the State Constitution, except that any employee, 31 employer, or employee organization having sufficient reason to 32 believe any of the employee signatures were obtained by 33 collusion, coercion, intimidation, or misrepresentation or are 34 otherwise invalid shall be given a reasonable opportunity to 35 verify and challenge the signatures appearing on the petition. 36 The commission or one of its designated agents shall investigate 37 the petition to determine its sufficiency. If the commission 38 finds the petition to be insufficient, it may dismiss the 39 petition. If the commission finds that the petition is 40 sufficient, it shall immediately: 41 (a) Identify the bargaining unit and determine which public 42 employees shall be qualified and entitled to vote in the 43 election held by the commission. 44 (b) Identify the public employer or employers. 45 (c) Order an election by secret ballot, the cost of said 46 election to be borne equally by the parties, except as the 47 commission may provide by rule. The commission’s order assessing 48 costs of an election may be enforced pursuant to the provisions 49 of this part. 50 Section 2. The amendment made by this act to s. 447.308(1), 51 Florida Statutes, is subject to the Open Government Sunset 52 Review Act in accordance with s. 119.15, Florida Statutes, and 53 shall stand repealed on October 2, 2031, unless reviewed and 54 saved from repeal through reenactment by the Legislature. If the 55 expansion of the exemption is not saved from repeal, the text of 56 that subsection must revert to that in existence on June 30, 57 2026, except that any amendment to such text enacted other than 58 by this act must be preserved and continue to operate to the 59 extent that such amendments are not dependent upon the amendment 60 to the text which expires pursuant to this section. 61 Section 3. The Legislature finds that it is a public 62 necessity that the showing of interest statements signed by 63 public employees indicating their desire to no longer be 64 represented by their bargaining agent be made confidential and 65 exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 66 Article I of the State Constitution. The showing of interest 67 statements signed by public employees indicating their desire to 68 be represented by a bargaining agent are already confidential 69 and exempt pursuant to s. 447.307, Florida Statutes, in order to 70 avoid the practical effect of chilling the employees’ exercise 71 of the right to form and join a union. Similarly, the showing of 72 interest statements seeking to decertify a union must be kept 73 confidential in order to avoid the practical effec
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