Subcommittee advances PERC bill that would raise participation thresholds for union certification

The State Administration Budget Subcommittee reported CS/HB 995 favorably after a lengthy hearing in which Representative Persons McCullough said the measure would modernize Public Employees Relations Commission (PERC) procedures and change the threshold for union certification and recertification.

"We want all employees to have a voice," McCullough said, describing a change that would require a majority of all employees in a bargaining unit—not just a majority of those who cast ballots—to approve certification, recertification or decertification. McCullough offered an example from a recent election at Florida A&M University, saying 202 employees were eligible and only three cast ballots; under the bill, 102 affirmative votes would have been required to certify.

Key provisions described to the committee included: requiring unions to provide copies of registration applications to employers and employees; disclosure of dues retained or distributed to affiliates; a 30% petition threshold to trigger recertification; and an expedited impasse resolution process when the legislature has appropriated salary dollars, intended to speed delivery of those funds to employees.

Committee members pressed on several practical and constitutional questions. Leader Driscoll said he was concerned the bill could abridge collective bargaining protections in Florida’s right-to-work context and likened the proposed participation requirement to effectively penalizing abstention. Driscoll asked whether any other Florida law mandates voter participation; several members and public witnesses said they were unaware of such a precedent.

Public testimony was heavily weighted against the bill. Graduate assistants, veteran teachers and district support staff described logistical barriers—ballots sent during summer months, lost mail, or ballots never received—and argued that counting nonvoters as “no” effectively strips individual choice. "Abstention equals no is objectively undemocratic," said a graduate assistant who testified in opposition. Several speakers urged lawmakers to focus on higher pay and retention instead of adding procedural constraints.

McCullough argued the change was motivated by examples of unions certified with very small turnout who later could not sustain dues-paying membership; she said state appropriations—cited in testimony as $1,400,000,000 in the current budget for teacher raises—have in some cases not reached employees because of lengthy impasse proceedings and that the bill’s expedited impasse process aims to prevent that delay.

The subcommittee recorded the following roll-call votes on the measure: Yes — Chair Maggard, Representatives Abbott, Bankson, Chaney, Grow, Harris, Miller, Partington and Yarkovsky; No — Representatives Antone, Robinson and Leader Driscoll. The chair announced the bill was reported favorably and will proceed to the next legislative step.

Proponents said the bill promotes timely distribution of legislatively appropriated funds; opponents said it risks disenfranchising employees who do not receive or return ballots. The committee did not adopt amendments during the hearing.

Reported action: CS/HB 995 was reported favorably by the State Administration Budget Subcommittee.