Florida Senate - 2026 SB 1236 By Senator Massullo 11-01266-26 20261236__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to employers receiving economic 2 development incentives from state agencies; creating 3 s. 447.18, F.S.; defining terms; requiring an employer 4 to sign an agreement with a state agency that is 5 awarding an economic development incentive before 6 becoming eligible for the economic development 7 incentive; specifying the provisions of the agreement; 8 providing applicability; authorizing persons and 9 entities to report a suspected violation to the 10 Attorney General within a specified timeframe; 11 requiring the Attorney General to determine whether a 12 violation has occurred; requiring the Attorney General 13 to request certain information from the employer 14 alleged to be in violation; providing that refusal of 15 such employer to provide such information is in 16 violation of the agreement; requiring the Attorney 17 General to deliver his or her findings to such 18 employer within a specified timeframe; requiring the 19 Attorney General to initiate proceedings to recover 20 funds awarded to the employer if the employer is found 21 to have violated the agreement; providing that the 22 Attorney General’s findings are final; requiring a 23 state agency to execute a separate written agreement 24 with the recipient of the economic development 25 incentive before the state agency awards the economic 26 development incentive; specifying the contents of the 27 separate agreement; providing the effective periods of 28 the separate agreement; providing applicability; 29

Florida Senate - 2026 SB 1236 11-01266-26 20261236__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. defining the term “agreement”; providing an effective 30 date. 31 32 WHEREAS, the state, as part of its economic development 33 policy, has the right to set terms and conditions in connection 34 with the awarding of economic development incentives, and 35 WHEREAS, the state, as part of its economic development 36 policy, seeks to play an integral role in the formation of 37 economic opportunities, conditions of grants, and general 38 management of compliance with such awards for moneys, and 39 WHEREAS, the state will frequent, as part of awarding 40 economic development incentives, require a private business to 41 hire a certain number of new full-time employees, require a 42 specific amount of company investment, and ensure workers obtain 43 certain skills and knowledge, and 44 WHEREAS, the state, as part of its economic development 45 policy, has a vested interest in seeking to advance and preserve 46 its own interest in projects receiving economic development 47 incentives as a financer of projects contributing to this 48 state’s overall economic health, and 49 WHEREAS, it is the intent of the Legislature, as part of 50 its economic development policy, that whenever state funds or 51 benefits are sought by a private business, such benefits are 52 conditioned on the private business ensuring its employees’ 53 right to a secret ballot election when recognizing a labor 54 organization as a bargaining unit, or requiring subcontractors 55 to waive their employees’ right to a secret ballot election, and 56 WHEREAS, it is the intent of the Legislature that whenever 57 state funds or benefits are provided or awarded to a private 58

Florida Senate - 2026 SB 1236 11-01266-26 20261236__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. business, the private business working on a project receiving 59 state funds or benefits may not voluntarily disclose an 60 employee’s personal contact information to a labor organization 61 without the employee’s consent, waive its right to speak to its 62 employees or require subcontractors to voluntarily disclose an 63 employee’s personal contact information to a labor organization 64 without the employee’s consent, or waive the subcontractor’s 65 right to speak to the subcontractor’s employees, NOW, THEREFORE, 66 67 Be It Enacted by the Legislature of the State of Florida: 68 69

Section

Section 447.18, Florida Statutes, is created and 70 incorporated into

part I of

chapter 447, Florida Statutes, to 71 read: 72 447.18 Employers receiving state-awarded economic 73 development incentives; prohibited acts related to labor 74 organizations.— 75

(1) As used in this section, the term: 76 (a) “Contract” means an agreement: 77 1. Between an employer and the state; or 78 2. Between an employer and a labor organization. 79 (b) “Economic development incentive” means a state economic 80 development incentive program or an economic development grant 81 authorized by any state agency for the purpose of economic 82 development, the purpose of which is to attract or retain an 83 employer’s physical presence in this state. 84 (c) “Employee” means an individual who performs services 85 for an employer for wages that are subject to withholding 86 requirements under 26 U.S.C. s. 3402. 87

Florida Senate - 2026 SB 1236 11-01266-26 20261236__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. (d) “Employer” means a business entity that voluntarily 88 pursues economic development incentives authorized under this 89

section or enters into an agreement with a state agency for the 90 purpose of receiving economic development incentives. 91 (e) “Labor organization” has the same meaning as in s. 92 447.02(1). 93 (f) “Neutrality agreement” means an agreement signed by an 94 employer and a union in which the employer agrees to conditions 95 including, but not limited to, committing not to speak to 96 employees about union issues. 97 (g) “Personal contact information” means an employee’s home 98 address, personal phone number, or personal e-mail address. 99 (h) “Secret ballot election” means a process conducted by 100 the National Labor Relations Board in which an employee casts a 101 secret ballot for or against labor organization representation. 102 (i) “Subcontractor” has the same meaning as in s. 448.095. 103 (2)(

a) To be eligible for an economic development 104 incentive, an employer must sign an agreement with the state 105 agency awarding the economic development incentive stating that 106 it will not do any of the following: 107 1. Grant union recognition rights for employees solely on 108 the basis of signed union authorization cards if the selection 109 of a bargaining representative may instead be conducted through 110 a secret ballot election conducted by the National Labor 111 Relations Board. 112 2.

Voluntarily disclose an employee’s personal contact 113 information to a labor organization, or third party acting on 114 behalf of a labor organization, without the employee’s written 115 consent, unless otherwise required by state or federal law. 116

Florida Senate - 2026 SB 1236 11-01266-26 20261236__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. 3. Sign a neutrality agreement with a labor organization. 117 4. Require a subcontractor performing work for or providing 118 services to the employer to engage in activities prohibited in 119 this paragraph. 120 (

b) The prohibitions in paragraph (

a) apply to any work or 121 service provided to the employer on the project for which the 122 economic development incentive is awarded. 123 (3)(

a) A person or an entity may report, based upon a 124 reasonable belief, a violation of paragraph (2)(

a) to the 125 Attorney General, provided that such report is made during the 126 term of the separate agreement entered into by and between the 127 government agency awarding the economic development incentive 128 and the employer in subsection (5). 129 (

b) Upon receiving the report, the Attorney General shall 130 determine whether a violation has occurred. The Attorney General 131 shall request from the employer a copy of the written agreement 132 signed pursuant to paragraph (2)(a). If the employer refuses to 133 provide the Attorney General with the written agreement, the 134 employer is in violation of the agreement entered into between 135 the employer and the state agency that awarded the economic 136 development incentive. The Attorney General must deliver in 137 writing his or her findings to the employer alleged to be in 138 violation within 60 days.

If the Attorney General finds that an 139 employer has violated the written agreement signed pursuant to 140 paragraph (2)(a), he or she shall initiate proceedings to 141 recover funds awarded to the employer. The Attorney General’s 142 findings are final. 143

(4) Notwithstanding any other law to the contrary, before 144 contracting to award an economic development incentive, the 145

Florida Senate - 2026 SB 1236 11-01266-26 20261236__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. state agency must execute a separate written agreement with the 146 recipient of the economic development incentive which reserves 147 the right of the state agency to recover the amount of money, 148 grants, funds, or other incentives disbursed by the state agency 149 if the recipient benefiting from such money, grants, funds, or 150 other incentives fails to comply with this section. This 151 agreement is effective for either: 152 (

a) The duration of the project, to be determined by the 153 state agency, for an economic development incentive award of 154 less than $5 million; or 155 (

b) No longer than 20 years, for an economic development 156 incentive award of $5 million or more. 157

(5) This

section applies to any agreement entered into, 158 renewed, or modified after July 1, 2026. As used in this 159 subsection, the term “agreement” includes a memorandum of 160 understanding mutually accepted by the state agency awarding 161 economic development incentives and an employer before July 1, 162 2026, including a legally binding agreement subsequent and 163 subject to the memorandum of understanding. 164

Section 2. This act shall take effect July 1, 2026. 165