In January 2026, Florida Senate Bill 1296 was filed by the Florida State Legislature, and, as of March 11, 2026, the bill has passed both the Senate and House. A final version of the bill, incorporating all amendments made during the legislative process, is awaiting Governor DeSantis’ signature. If signed by Governor DeSantis, several new requirements and prohibitions will apply to unions representing public employees effective July 1, 2026.
The bill exempts unions that represent law-enforcement officers, correctional officers, and firefighters (“Public Safety Employees”) from most of the bill’s substantive changes and, therefore, will primarily impact public-employee unions that represent general or civilian employees (“Civilian Unions”). SB 1296 amends the Public Employees Relations Act in the following material ways:
- At least 50 percent (50%) of civilian bargaining unit employees must vote in certification, recertification, and decertification elections. If fewer than 50% of employees in the bargaining unit vote, the union will not be certified, recertified, or decertified, respectively.
- Public employers cannot compensate or provide paid leave to general or civilian employees for the purpose of engaging in organization activities, such as promoting/soliciting union membership, seeking certification as a bargaining agent, or engaging in political activity, unless the union reimburses the employer pursuant to the operative collective bargaining agreement.
- Public employers cannot compensate or provide paid leave to general or civilian employees for the purpose of engaging in representational activities, such as participating in collective bargaining, addressing grievances, or representing other employees in disciplinary proceedings, unless specifically agreed to in the operative collective bargaining agreement.
- Civilian Unions must be granted “equal access” to communal spaces or internal communications systems during certifications, recertifications, or decertification proceedings. Public employers must allow employee organizations access to their communal spaces and internal communications systems during petition proceedings, and such access must be equally granted (e.g., an incumbent union is allowed access to employee breakrooms and, therefore, a rival petitioning union must also be granted the same access to the facility).
- Impasse proceedings related to changes to a collective bargaining agreement due to financial urgency must be “fast-tracked” in accordance with an expedited impasse resolution process.
- PERC is required to conduct mail ballot elections if any party to the election so requests.
- PERC may use a combination of election methods (mail or on-site) for certifications, recertifications, or decertifications, based on specified considerations such as the number of available on-site polling locations, the commission’s workload, and the size of the bargaining unit.
- A showing of interest form submitted with a union’s application for certification or recertification must be signed by bargaining unit employees within the last 12 months of the application filing.
What are the practical implications for employers with Civilian Unions if SB 1296 is signed into law?
- A marked increase in onsite organization activities by unions will likely occur. Because the new law requires at least 50% participation in elections, Civilian Unions will likely need to solicit employee participation. On-site solicitation is not unfettered and can be regulated by employers. Please contact competent labor counsel for guidance.
- Civilian Unions will likely request equal access to communal worksites and the employer’s email system or intranet for organization activities.
- Collective bargaining proposals will likely include requests by a Civilian Union to explicitly allow for time off without loss of pay for representational activities. Without an express agreement, union members will need to use their own time or lose pay to address matters like grievances, collective bargaining, etc.
- Employers will likely need to monitor timekeeping related to time off requests for civilian employee organization activities. Because it is unlawful for organizational activities to occur while on employer time (unless reimbursed), employers will need to ensure that they are complying with the law.
Please be advised that the above reflects most of the substantive changes to state law regarding public sector labor law, but is not exhaustive. Should you have any questions about this legislation, please feel free to reach out to any member of the WSHC+B Labor and Employment Team.
