Florida Moves to Limit Voluntary Union Recognition

Proposed legislation would disqualify employers from state incentives if they agree to remain neutral during union drives

Published on Feb. 6, 2026

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Florida lawmakers are advancing legislation that would incentivize private sector employers to make it harder for their employees to form a union. The bill would disqualify employers from state economic development incentives if they agree to remain neutral during a union organizing campaign or grant a union voluntary recognition.

Why it matters

This legislation is seen as an indirect attempt by the state to undermine federal labor laws that give employers the right to voluntarily recognize unions. Critics argue it is a violation of employers' First Amendment rights and amounts to "creative union busting" by the state.

The details

The proposed legislation (SB 1236/HB 1387) would prohibit employers from signing neutrality agreements with unions or granting voluntary union recognition if they want to receive state economic incentives. Voluntary union recognition, which allows workers to form a union without an election process, is a more expedient path to unionization than the NLRB election process, which can take months and allow employers to intimidate workers.

  • The bills were approved by two panels of state lawmakers along party lines this week.
  • The Senate version (SB 1236) was advanced by the Senate Commerce & Tourism Committee on Wednesday in a 6-3 vote.
  • The House version (HB 1387) was similarly advanced by a House committee in an 11-4 vote.

The players

SB 1236/HB 1387

Legislation that would disqualify employers from state economic development incentives if they agree to remain neutral during a union organizing campaign or grant a union voluntary recognition.

Sen. Carlos Guillermo Smith

A Democratic state senator who described the proposed legislation as "creative union busting".

Sen. Ralph Massullo

The Republican state senator sponsoring SB 1236, who incorrectly stated during a committee hearing that the bill would require neutrality agreements from employers in order to receive incentives.

Rep. Toby Overdorf

The Republican state representative sponsoring HB 1387, who explicitly described the bill as the "Taxpayer Dollars Protect Workers Act" during its first committee stop, directly referencing the ALEC policy template.

David Osborne

A labor attorney and former CEO of the anti-union organization Americans for Fair Treatment, who spoke in support of the legislation this week as a representative of the anti-union group Workers for Opportunity.

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What they’re saying

“This is Big Government telling private businesses what to do.”

— Nicholas Mangoni, Private sector union member and trades worker

“The bill is compelling employer speech in the form of their freedom to not speak and be neutral, which is a violation of their First Amendment rights.”

— Sen. Carlos Guillermo Smith, Democratic state senator

“I was incorrect. You are correct.”

— Sen. Ralph Massullo, Republican state senator

“The union is allowed to recruit, make promises, and with card check, actually coerce individual employees into signing cards and deprive them of a secret ballot election.”

— David Osborne, Labor attorney and representative of anti-union group Workers for Opportunity

“It literally says, 'Hey, if you're going to get any state money, you can't do this, even though you might think it's best for your business and best for your workers and best for you.'”

— Dr. Rich Templin, Political director of the Florida AFL-CIO

What’s next

The Senate version of the bill (SB 1236) will next be considered by the full Senate, while the House version (HB 1387) will continue to move through the legislative process in the Florida House.

The takeaway

This proposed legislation is seen as a direct attempt by Florida lawmakers to undermine federal labor laws and make it harder for private sector workers to form unions, even though federal law gives employers the right to voluntarily recognize unions. Critics argue it is a violation of employers' First Amendment rights and amounts to "creative union busting" by the state.