Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1014
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Rules (Stargel) recommended the following:
       
    1         Senate Substitute for Amendment (162200) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (1) of section 447.301, Florida
    7  Statutes, is amended to read:
    8         447.301 Public employees’ rights; organization and
    9  representation.—
   10         (1)(a) Public employees shall have the right to form, join,
   11  and participate in, or to refrain from forming, joining, or
   12  participating in, any employee organization of their own
   13  choosing.
   14         (b)1.An employee who desires to join an employee
   15  organization must sign a membership authorization form with the
   16  bargaining agent. The membership authorization form must contain
   17  the following acknowledgment in bold letters and in at least a
   18  14-point type:
   19  
   20         I acknowledge and understand that Florida is a right
   21         to-work state and that union membership is not
   22         required as a condition of employment. I understand
   23         that union membership and payment of union dues and
   24         assessments is voluntary and that I may not be
   25         discriminated against in any manner if I refuse to
   26         join or financially support a union.
   27  
   28         2.An employee organization must revoke an employee’s
   29  membership upon receipt of his or her written request for
   30  revocation. If an employee must complete a form to request
   31  revocation of membership from the employee organization, the
   32  form may not require a reason for the employee’s decision to
   33  revoke his or her membership.
   34         3. This paragraph does not apply to members of an employee
   35  organization that has been certified as a bargaining agent to
   36  represent law enforcement officers, correctional officers, or
   37  correctional probation officers as those terms are defined in s.
   38  943.10 or firefighters as defined in s. 633.102.
   39         Section 2. Section 447.303, Florida Statutes, is amended to
   40  read:
   41         447.303 Dues; deduction and collection.—
   42         (1) Except as authorized in subsection (2), an employee
   43  organization that has been certified as a bargaining agent may
   44  not have its dues and uniform assessments deducted by the
   45  employer from the salaries of those employees in the unit.
   46  Public employees may pay their dues and uniform assessments
   47  directly to the employee organization that has been certified as
   48  their bargaining agent.
   49         (2)(a)An Any employee organization that which has been
   50  certified as a bargaining agent to represent law enforcement
   51  officers, correctional officers, or correctional probation
   52  officers as those terms are defined in s. 943.10 or firefighters
   53  as defined in s. 633.102 has shall have the right to have its
   54  dues and uniform assessments deducted and collected by the
   55  employer from the salaries of those employees who authorize the
   56  deduction of said dues and uniform assessments. However, such
   57  authorization is revocable at the employee’s request upon 30
   58  days’ written notice to the employer and employee organization.
   59  Said deductions shall commence upon the bargaining agent’s
   60  written request to the employer.
   61         (b) Reasonable costs to the employer of said deductions is
   62  shall be a proper subject of collective bargaining.
   63         (c) Such right to deduction, unless revoked under pursuant
   64  to s. 447.507, is shall be in force for so long as the employee
   65  organization remains the certified bargaining agent for the
   66  employees in the unit.
   67         (3) The public employer is expressly prohibited from any
   68  involvement in the collection of fines, penalties, or special
   69  assessments.
   70         Section 3. Section 447.305, Florida Statutes, is amended to
   71  read:
   72         447.305 Registration of employee organization.—
   73         (1) Every employee organization seeking to become a
   74  certified bargaining agent for public employees shall register
   75  with the commission pursuant to the procedures set forth in s.
   76  120.60 prior to requesting recognition by a public employer for
   77  purposes of collective bargaining and prior to submitting a
   78  petition to the commission requesting certification as an
   79  exclusive bargaining agent. Further, if such employee
   80  organization is not registered, it may not participate in a
   81  representation hearing, participate in a representation
   82  election, or be certified as an exclusive bargaining agent. The
   83  application for registration required by this section shall be
   84  under oath and in such form as the commission may prescribe and
   85  shall include:
   86         (a) The name and address of the organization and of any
   87  parent organization or organization with which it is affiliated.
   88         (b) The names and addresses of the principal officers and
   89  all representatives of the organization.
   90         (c) The amount of the initiation fee and of the monthly
   91  dues which members must pay.
   92         (d) The current annual financial statement of the
   93  organization.
   94         (e) The name of its business agent, if any; if different
   95  from the business agent, the name of its local agent for service
   96  of process; and the addresses where such person or persons can
   97  be reached.
   98         (f) A pledge, in a form prescribed by the commission, that
   99  the employee organization will conform to the laws of the state
  100  and that it will accept members without regard to age, race,
  101  sex, religion, or national origin.
  102         (g) A copy of the current constitution and bylaws of the
  103  employee organization.
  104         (h) A copy of the current constitution and bylaws of the
  105  state and national groups with which the employee organization
  106  is affiliated or associated. In lieu of this provision, and upon
  107  adoption of a rule by the commission, a state or national
  108  affiliate or parent organization of any registering labor
  109  organization may annually submit a copy of its current
  110  constitution and bylaws.
  111         (2) A registration granted to an employee organization
  112  pursuant to the provisions of this section shall run for 1 year
  113  from the date of issuance. A registration shall be renewed
  114  annually by filing application for renewal under oath with the
  115  commission, which application shall reflect any changes in the
  116  information provided to the commission in conjunction with the
  117  employee organization’s preceding application for registration
  118  or previous renewal, whichever is applicable. Each application
  119  for renewal of registration shall include a current annual
  120  financial report, signed by its president and treasurer or
  121  corresponding principal officers, containing the following
  122  information in such detail as may be necessary accurately to
  123  disclose its financial condition and operations for its
  124  preceding fiscal year and in such categories as the commission
  125  may prescribe:
  126         (a) Assets and liabilities at the beginning and end of the
  127  fiscal year;
  128         (b) Receipts of any kind and the sources thereof;
  129         (c) Salary, allowances, and other direct or indirect
  130  disbursements, including reimbursed expenses, to each officer
  131  and also to each employee who, during such fiscal year, received
  132  more than $10,000 in the aggregate from such employee
  133  organization and any other employee organization affiliated with
  134  it or with which it is affiliated or which is affiliated with
  135  the same national or international employee organization;
  136         (d) Direct and indirect loans made to any officer,
  137  employee, or member which aggregated more than $250 during the
  138  fiscal year, together with a statement of the purpose, security,
  139  if any, and arrangements for repayment; and
  140         (e) Direct and indirect loans to any business enterprise,
  141  together with a statement of the purpose, security, if any, and
  142  arrangements for repayment.
  143         (3)In addition to subsection (2), an employee organization
  144  that has been certified as the bargaining agent for public
  145  employees must include for each such certified bargaining unit
  146  the following information and documentation in its application
  147  for renewal of registration:
  148         (a)The number of employees in the bargaining unit who are
  149  eligible for representation by the employee organization as of
  150  December 31 of that renewal period.
  151         (b)The number of employees who are represented by the
  152  employee organization as of December 31 of that renewal period,
  153  specifying the number of members who pay dues and the number of
  154  members who do not pay dues.
  155         (c)Documentation provided by the public employer verifying
  156  the information provided in paragraphs (a) and (b).
  157         (d)Documentation provided by the public employer verifying
  158  that it was provided a copy of the employee organization’s
  159  application for renewal of registration.
  160         (4)An application for renewal of registration is
  161  incomplete and is not eligible for consideration by the
  162  commission if it does not include all of the information and
  163  documentation required in subsection (3). The commission shall
  164  notify the employee organization if the application is
  165  incomplete. An incomplete application must be dismissed if the
  166  required information and documentation are not provided within
  167  10 days after the employee organization receives such notice.
  168         (5)Notwithstanding the provisions of chapter 447 relating
  169  to collective bargaining, an employee organization whose dues
  170  paying membership is less than 50 percent of the employees
  171  eligible for representation in the bargaining unit must petition
  172  the commission pursuant to s. 447.307(2) and (3) for
  173  recertification as the exclusive representative of all employees
  174  in the bargaining unit within 1 month after the date on which
  175  the employee organization applies for renewal of registration
  176  pursuant to subsection (2). The certification of an employee
  177  organization that does not comply with this section is revoked.
  178         (6)The public employer or a bargaining unit employee may
  179  challenge an employee organization’s application for renewal of
  180  registration if the public employer or employee believes that
  181  the application is inaccurate. The commission or one of its
  182  designated agents shall review the application to determine its
  183  accuracy and compliance with this section. If the commission
  184  finds that the application is inaccurate or does not comply with
  185  this section, the commission shall revoke the registration and
  186  certification of the employee organization.
  187         (7) Subsections (3) through (6) do not apply to an employee
  188  organization that has been certified as a bargaining agent
  189  representing law enforcement officers, correctional officers, or
  190  correctional probation officers as those terms are defined in s.
  191  943.10 or firefighters as defined in s. 633.102.
  192         (8)(3) A registration fee shall accompany each application
  193  filed with the commission. The amount charged for an application
  194  for registration or renewal of registration shall not exceed
  195  $15. All such money collected by the commission shall be
  196  deposited in the General Revenue Fund.
  197         (9)(4) Every employee organization shall keep accurate
  198  accounts of its income and expenses, which accounts shall be
  199  open for inspection at all reasonable times by any member of the
  200  organization or by the commission.
  201         Section 4. Paragraph (c) of subsection (4) of section
  202  1012.2315, Florida Statutes, is amended to read:
  203         1012.2315 Assignment of teachers.—
  204         (4) COLLECTIVE BARGAINING.—
  205         (c)1.In addition to the provisions under s. 447.305(2), an
  206  employee organization that has been certified as the bargaining
  207  agent for a unit of instructional personnel as defined in s.
  208  1012.01(2) must include for each such certified bargaining unit
  209  the following information in its application for renewal of
  210  registration:
  211         a.The number of employees in the bargaining unit who are
  212  eligible for representation by the employee organization.
  213         b.The number of employees who are represented by the
  214  employee organization, specifying the number of members who pay
  215  dues and the number of members who do not pay dues.
  216         2.Notwithstanding the provisions of chapter 447 relating
  217  to collective bargaining, an employee organization whose dues
  218  paying membership is less than 50 percent of the employees
  219  eligible for representation in the unit, as identified in
  220  subparagraph 1., must petition the Public Employees Relations
  221  Commission pursuant to s. 447.307(2) and (3) for recertification
  222  as the exclusive representative of all employees in the unit
  223  within 1 month after the date on which the organization applies
  224  for renewal of registration pursuant to s. 447.305(2). The
  225  certification of an employee organization that does not comply
  226  with this paragraph is revoked.
  227         Section 5. For the purpose of incorporating the amendment
  228  made by this act to section 447.303, Florida Statutes, in a
  229  reference thereto, subsection (3) of section 110.114, Florida
  230  Statutes, is reenacted to read:
  231         110.114 Employee wage deductions.—
  232         (3) Notwithstanding the provisions of subsections (1) and
  233  (2), the deduction of an employee’s membership dues deductions
  234  as defined in s. 447.203(15) for an employee organization as
  235  defined in s. 447.203(11) shall be authorized or permitted only
  236  for an organization that has been certified as the exclusive
  237  bargaining agent pursuant to chapter 447 for a unit of state
  238  employees in which the employee is included. Such deductions
  239  shall be subject to the provisions of s. 447.303.
  240         Section 6. This act shall take effect July 1, 2021.
  241  
  242  ================= T I T L E  A M E N D M E N T ================
  243  And the title is amended as follows:
  244         Delete everything before the enacting clause
  245  and insert:
  246                        A bill to be entitled                      
  247         An act relating to employee organizations; amending s.
  248         447.301, F.S.; requiring that a public employee who
  249         desires to join an employee organization sign a
  250         membership authorization form; requiring that the form
  251         include a specified acknowledgement; requiring an
  252         employee organization to revoke an employee's
  253         membership upon receipt of the employee's request for
  254         revocation; providing that a revocation form may not
  255         require an employee to state a reason for the
  256         revocation; providing nonapplicability with respect to
  257         employee organizations that represent certain
  258         employees; amending s. 447.303, F.S.; prohibiting an
  259         employee organization from having its dues and uniform
  260         assessments deducted and collected by an employer;
  261         allowing public employees to pay their dues and
  262         uniform assessments directly to the employee
  263         organization; providing that an employee organization
  264         that represents certain employees has the right to
  265         have its dues and uniform assessments deducted and
  266         collected by the employer; amending s. 447.305, F.S.;
  267         revising the information and documentation required to
  268         be included in an application for renewal of
  269         registration of an employee organization; providing
  270         that an application for renewal is incomplete and is
  271         not eligible for consideration by the Public Employees
  272         Relations Commission in certain instances; requiring
  273         the commission to notify an employee organization if
  274         its application is incomplete; providing that an
  275         incomplete application must be dismissed in certain
  276         instances; requiring certain employee organizations to
  277         recertify as bargaining agents; allowing an employer
  278         or a bargaining unit employee to challenge an employee
  279         organization's application for renewal of
  280         registration; requiring the commission or its
  281         designated agent to review the application; requiring
  282         the commission to revoke the registration and
  283         certification in certain instances; providing for
  284         nonapplicability with respect to employee
  285         organizations that represent certain employees;
  286         amending s. 1012.2315, F.S.; removing duplicative
  287         provisions; reenacting s. 110.114(3), F.S., relating
  288         to employee wage deductions, to incorporate the
  289         amendment made to s. 447.303, F.S., in a reference
  290         thereto; providing an effective date.