Certification and recertification of employee organizations.

(1)(a) An employee organization seeking certification or recertification as a bargaining agent must file a petition with the commission accompanied by a showing of interest from at least 30 percent of the public employees in the proposed or existing bargaining unit. The showing of interest statements must be signed and dated by the public employees not more than 12 months before the filing of the petition.

(b) A registered employee organization desiring placement on the ballot in any certification or recertification election to be conducted pursuant to this section may be permitted by the commission to intervene in the proceeding upon a motion accompanied by a showing of interest from at least 10 percent of the public employees in the proposed or existing bargaining unit. The showing of interest statements must be signed and dated by the public employees not more than 12 months before the filing of the petition.

(c) The showing of interest is confidential and exempt from s. 119.07(1), except that any public employee, public employer, or employee organization having sufficient reason to believe that the showing of interest was obtained by collusion, coercion, intimidation, or misrepresentation or is otherwise invalid shall be given a reasonable opportunity to verify and challenge the showing of interest.

(d) Notwithstanding paragraph (b), if any employees in the proposed unit are included in a bargaining unit for which there is a bargaining agent currently certified by the commission, such bargaining agent will be automatically added as a party to the case and may appear on the ballot without being required to file a motion to intervene or a showing of interest.

(2)(a) A certification petition may not be filed regarding any proposed or existing bargaining unit within 12 months after the date the commission issues an order that verifies the results of a certification, recertification, or decertification election covering any of the public employees in the proposed or existing bargaining unit.

(b) If a valid collective bargaining agreement covering any of the public employees in a proposed or existing bargaining unit is in effect, a certification petition may only be filed with the commission at least 90 but not more than 150 days immediately preceding the expiration date of the collective bargaining agreement, or at any time subsequent to such agreement’s expiration date but before the effective date of a new collective bargaining agreement. The effective date of a collective bargaining agreement is the date of ratification of such agreement by both parties if such agreement becomes effective immediately or retroactively, or the collective bargaining agreement’s actual effective date if such agreement becomes effective after its ratification date.

(3) The commission or one of its designated agents shall investigate a certification or recertification petition to determine its sufficiency. If the commission finds that the petition is insufficient, the commission must dismiss the petition. If the commission finds that the petition is sufficient, the commission must:

(a) Define the proposed or existing bargaining unit and determine which public employees are qualified and entitled to vote at any election held by the commission. Upon providing due notice, the commission may provide for a hearing.

(b) Conduct elections by mail, on site, or by any combined method ordered or approved by the commission.

1. In determining the method of election and timing, the commission shall consider all of the following factors:

a. The number of eligible voters in the bargaining unit.

b. The number of work locations and availability of polling locations.

c. The size of the public employer’s operations.

d. The cost to the commission and parties to conduct the election.

e. The commission’s workload and election schedule.

f. The work schedules and shifts of the eligible voters.

g. Whether the parties agree on a time to hold the election and the method of election to be used.

h. Any other factors that might impact the integrity of the election.

2. Notwithstanding subparagraph 1., if one of the parties to the election requests an election by mail, the commission must conduct the election by mail. An election by mail must be conducted no earlier than 4 weeks after the postmark date on the ballot mailed by the commission. Notice of an election by mail must be provided by the commission to the bargaining agent, the public employer, and the public employees in the bargaining unit at least 4 weeks before the date of the election.

(c) Identify the public employer or employers for purposes of collective bargaining.

(d) Order an election by secret ballot, the cost of said election and any required runoff election to be borne equally by the parties, except as the commission may provide by rule. An election conducted by mail ballot must include, subject to appropriation, return envelopes with prepaid postage affixed. The commission’s order assessing costs of an election may be enforced pursuant to this part.

(4)(a) Except as provided in paragraph (b), elections are determined as follows for all certification or recertification petitions filed on or after July 1, 2026:

1. If at least 50 percent of the public employees in the bargaining unit as of the date set by the commission participate in the election, and at least 50 percent of the public employees voting in the election select an employee organization, the commission must certify or recertify the employee organization as the bargaining agent for the public employees in the unit.

2. A runoff election must be held according to rules adopted by the commission if, in the election conducted under subparagraph 1., there was more than one employee organization on the ballot, at least 50 percent of the employees in the bargaining unit participated in the election, and none of the choices on the ballot received a vote of 50 percent of the public employees who voted in the election.

(b) Certification elections involving public safety units are determined as follows:

1. If an employee organization is selected by a majority vote of the public employees voting in the election, the commission must certify the employee organization as the bargaining agent for the public employees in the bargaining unit.

2. A runoff election must be held according to rules adopted by the commission if, in the election conducted under subparagraph 1., there was more than one employee organization on the ballot and none of the choices on the ballot received a majority vote of the public employees voting in the election.

(c) Certification, recertification, or revocation under this section is effective upon the issuance of a final order by the commission or, if the final order is appealed, at the time the appeal is exhausted or any stay is vacated by the commission or a court.

(5) In defining a proposed bargaining unit, the commission shall take into consideration:

(a) The principles of efficient administration of government.

(b) The number of employee organizations with which the employer might have to negotiate.

(c) The compatibility of the unit with the joint responsibilities of the public employer and public employees to represent the public.

(d) The power of the officials of government at the level of the unit to agree, or make effective recommendations to another administrative authority or to a legislative body, with respect to matters of employment upon which the employee desires to negotiate.

(e) The organizational structure of the public employer.

(f) Community of interest among the employees to be included in the unit, considering:

1. The manner in which wages and other terms of employment are determined.

2. The method by which jobs and salary classifications are determined.

3. The interdependence of jobs and interchange of employees.

4. The desires of the employees.

5. 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 in the continuation of a traditional, workable, and accepted negotiation relationship.

(g) The statutory authority of the public employer to administer a classification and pay plan.

(h) Such other factors and policies as the commission may deem appropriate.

However, a bargaining unit may not be established or approved for purposes of collective bargaining which includes both professional and nonprofessional employees unless a majority of each group votes for inclusion in such bargaining unit.