H 1387

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    CS/CS/HB 1387  2026
1A bill to be entitled
2An act relating to state economic development
3contracts; providing a short title; creating s.
4288.0615, F.S.; defining terms; requiring an employer
5to sign an agreement with the Department of Commerce
6before becoming eligible for an economic development
7incentive; specifying the provisions of the agreement;
8providing applicability; authorizing persons and
9entities to report a suspected violation to the
10department within a specified timeframe; requiring the
11department to determine whether a violation has
12occurred; requiring the department to deliver written
13notice to the Attorney General under certain
14circumstances; requiring the Attorney General to
15request certain information from the employer alleged
16to be in violation; requiring the Attorney General to
17initiate proceedings to recover funds awarded to the
18employer if the employer is found to have violated the
19agreement; providing that the department's findings
20are final; requiring the department to execute a
21separate written agreement with the recipient of the
22economic development incentive before the department
23awards the incentive; specifying the contents of the
24separate agreement; providing the effective periods of
25the separate agreement; providing applicability;
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26providing an effective date.
27
28WHEREAS, the state has the right to set terms and
29    conditions in connection with the awarding of economic
30    development incentives as part of its economic development
31    policy, and
32WHEREAS, the state seeks to play an integral role in the
33    formulation of economic opportunities, conditions of grants, and
34    general management of compliance with such awards for moneys,
35    and
36WHEREAS, the state may, as part of awarding economic
37    development incentives, oversee compliance with land use
38    regulations, including management of the subdivision of
39    property, offer and provide water and wastewater services,
40    require fire protection systems and mechanical systems for
41    buildings and structures, approve capital grants, and ensure
42    such moneys are approved by the Department of Commerce, and
43WHEREAS, the state may, as part of awarding economic
44    development incentives, also require a private business to hire
45    a certain number of new full-time employees, require a specific
46    amount of company investment, and ensure workers obtain certain
47    skills and knowledge, and
48WHEREAS, the state has a vested interest in seeking to
49    advance and preserve its own interest in projects receiving
50    economic development incentives as a financer of projects
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51    contributing to the state's overall economic health, and
52WHEREAS, it is the intent of the Legislature, as part of
53    its economic development policy, that whenever state funds or
54    benefits are sought by a private business that such benefits are
55    conditioned on the private business agreeing not to waive its
56    employees' right to a secret ballot election when recognizing a
57    labor organization as a bargaining unit, and
58WHEREAS, it is the intent of the Legislature that whenever
59    state funds or benefits are provided or awarded to a private
60    business, the private business working on a project receiving
61    state funds or benefits may not voluntarily disclose employee
62    personal contact information to a labor organization without an
63    employee's prior consent or waive its right to speak to its
64    employees, NOW, THEREFORE,
65
66    Be It Enacted by the Legislature of the State of Florida:
67
68Section 1.  This act may be cited as the "Taxpayer Dollars
69    Protect Workers Act."
70Section 2.  Section 288.0615, Florida Statutes, is created
71    to read:
72288.0615  Employee protections in economic development
73    contracts.-
74(1)     As used in this section, the term:
75(a)     "Contract" means an agreement:
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761.      Between an employer and the state; or
772.      Between an employer and a labor organization.
78(b)      "Economic development incentive" means a state grant,
79     authorized under this chapter for the purposes of economic
80     development, provided to an employer to attract or retain the
81     employer's physical presence in this state.
82(c)      "Employee" means an individual who performs services
83     for an employer for wages that are subject to withholding
84     requirements under 26 U.S.C. s. 3402.
85(d)      "Employer" means a business entity that voluntarily
86     pursues economic development incentives authorized under this
87     section or enters into an agreement with the department for the
88     purpose of receiving those incentives.
89(e)      "Labor organization" means any organization of any
90     kind, or any agency or employee representation committee or
91     plan, in which employees participate and which exists for the
92     purpose, in whole or in part, of dealing with employers
93     concerning grievances, labor disputes, wages, hours of
94     employment, or conditions of work.
95(f)      "Neutrality agreement" means an agreement signed with
96     a labor organization wherein the employer agrees to conditions
97     including, but not limited to, not speaking to employees about
98     labor organization issues.
99(g)      "Personal contact information" means an employee's
100    home address, home or personal cellular telephone number, or
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101    personal e-mail address.
102(h)      "Secret ballot election" means a process conducted by
103    the National Labor Relations Board in which an employee casts a
104    secret ballot for or against labor organization representation.
105(2)(a)       To be eligible for an economic development
106    incentive, an employer must sign an agreement with the
107    department stating that it will not do any of the following:
1081.      Grant union recognition rights for employees solely on
109    the basis of signed labor organization authorization cards if
110    the selection of a bargaining representative may instead be
111    conducted through a secret ballot election conducted by the
112    National Labor Relations Board.
1132.      Voluntarily disclose an employee's personal contact
114    information to a labor organization, or a third party acting on
115    behalf of a labor organization, without the employee's written
116    consent, unless otherwise required by state or federal law.
1173.      Sign a neutrality agreement with a labor organization.
118(b)      The prohibitions in paragraph (a) apply to any work or
119    service provided to the employer on the project for which the
120    economic development incentive is awarded.
121(3)(a)       A person or an entity may report, based upon a
122    reasonable belief, a violation of paragraph (2)(a) to the
123    department, provided that such report is made during the term of
124    the separate agreement entered into by the department and the
125    employer in subsection (4).
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126(b)     Upon receiving the report, the department shall,
127    within 60 days, determine whether a violation has occurred. If
128    the department determines that an employer has violated
129    paragraph (2)(a), the department shall deliver written notice of
130    its findings to the employer and to the Attorney General. The
131    Attorney General shall request from the employer a copy of the
132    written agreement and shall initiate proceedings to recover
133    funds awarded to the employer. The department's findings are
134    final.
135(4)     Notwithstanding any other law to the contrary, before
136    contracting to award an economic development incentive, the
137    department must execute a separate written agreement with the
138    recipient of the economic development incentive which reserves
139    the right of the department to recover the amount of money,
140    grants, funds, or other incentives disbursed by the department
141    if the recipient benefiting from such money, grants, funds, or
142    other incentives fails to comply with this section. This
143    agreement is effective for either:
144(a)     The duration of the project, to be determined by the
145    department, for an economic development incentive award of less
146    than $5 million; or
147(b)     No longer than 5 years, for an economic development
148    incentive award of $5 million or more.
149(5)     This section does not apply to:
150(a)     A contract between the state and an employer executed
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151    before July 1, 2026; or
152(b)     A contract between an employer and a labor
153    organization executed before July 1, 2026.
154Section 3.  This act shall take effect July 1, 2026.
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