Florida Senate - 2023                       CS for CS for SB 256
       
       
        
       By the Committees on Fiscal Policy; and Governmental Oversight
       and Accountability; and Senator Ingoglia
       
       
       
       
       594-02671-23                                           2023256c2
    1                        A bill to be entitled                      
    2         An act relating to employee organizations representing
    3         public employees; amending s. 447.301, F.S.; requiring
    4         a public employee who desires to be a member of an
    5         employee organization to sign a membership
    6         authorization form beginning on a specified date;
    7         requiring that such form include a specified
    8         statement; authorizing a public employee to revoke
    9         membership in an employee organization at any time of
   10         the year; requiring an employee organization to revoke
   11         a public employee’s membership upon receipt of his or
   12         her written request for revocation; prohibiting an
   13         employee organization from limiting an employee’s
   14         right to revoke membership to certain dates;
   15         prohibiting a revocation form from requiring a reason
   16         for the public employee’s decision to revoke his or
   17         her membership; requiring employee organizations to
   18         retain such authorization forms and requests for
   19         revocation for inspection by the Public Employees
   20         Relations Commission; providing applicability with
   21         respect to certain employee organizations; authorizing
   22         the commission to adopt rules; amending s. 447.303,
   23         F.S.; prohibiting certain employee organizations from
   24         having dues and uniform assessments deducted and
   25         collected by the employer from certain salaries;
   26         authorizing public employees to pay dues and uniform
   27         assessments directly to the employee organization;
   28         authorizing certain employee organizations to have
   29         dues and uniform assessments deducted and collected by
   30         the employer from certain salaries; amending s.
   31         447.305, F.S.; revising requirements for applications
   32         for initial registrations and renewals of registration
   33         of employee organizations; providing procedures for
   34         incomplete applications; requiring certain employee
   35         organizations to petition the commission for
   36         recertification as bargaining agents; authorizing a
   37         public employer or bargaining unit employee to
   38         challenge an employee organization’s application for
   39         renewal of registration; requiring the commission or
   40         one of its designated agents to review the
   41         application; requiring the commission to revoke the
   42         registration and certification of the employee
   43         organization in certain circumstances; authorizing the
   44         commission to conduct investigations for specified
   45         purposes; authorizing the commission to revoke or deny
   46         an employee organization’s registration or
   47         certification under certain circumstances; specifying
   48         that certain decisions issued by the commission are
   49         reviewable final agency actions; providing
   50         applicability with respect to certain employee
   51         organizations; requiring certain employee
   52         organizations to provide its members with an annual
   53         audited financial report; requiring employee
   54         organizations to notify its members annually of all
   55         costs of membership; amending s. 447.509, F.S.;
   56         revising prohibitions for employee organizations and
   57         certain persons and entities relating to employee
   58         organizations; amending s. 1012.2315, F.S.; removing
   59         duplicative provisions; reenacting ss. 110.114(3) and
   60         447.507(6)(a), F.S., relating to employee wage
   61         deductions and violation of strike prohibition and
   62         penalties, respectively, to incorporate the amendment
   63         made to s. 447.303, F.S., in references thereto;
   64         providing effective dates.
   65          
   66  Be It Enacted by the Legislature of the State of Florida:
   67  
   68         Section 1. Subsection (1) of section 447.301, Florida
   69  Statutes, is amended to read:
   70         447.301 Public employees’ rights; organization and
   71  representation.—
   72         (1)(a) Public employees shall have the right to form, join,
   73  and participate in, or to refrain from forming, joining, or
   74  participating in, any employee organization of their own
   75  choosing.
   76         (b)1.Beginning July 1, 2023, a public employee who desires
   77  to be a member of an employee organization must sign and date a
   78  membership authorization form, as prescribed by the commission,
   79  with the bargaining agent.
   80         2. The membership authorization form must identify the name
   81  of the bargaining agent, the name of the employee, the class
   82  code and class title of the employee, the name of the public
   83  employer and employing agency, if applicable, and the amount of
   84  the initiation fee and of the monthly dues which the member must
   85  pay.
   86         3. The membership authorization form must contain the
   87  following statement in 14-point type:
   88  
   89         The State of Florida is a right-to-work state.
   90         Membership or non-membership in a labor union is not
   91         required as a condition of employment, and union
   92         membership and payment of union dues and assessments
   93         are voluntary. Each person has the right to join and
   94         pay dues to a labor union or to refrain from joining
   95         and paying dues to a labor union. No employee may be
   96         discriminated against in any manner for joining and
   97         financially supporting a labor union or for refusing
   98         to join or financially support a labor union.
   99  
  100         4.A public employee may revoke membership in the employee
  101  organization at any time of the year. Upon receipt of the
  102  employee’s written revocation of membership, the employee
  103  organization must revoke a public employee’s membership. The
  104  employee organization may not limit an employee’s right to
  105  revoke membership to certain dates. If a public employee must
  106  complete a form to revoke membership in the employee
  107  organization, the form may not require a reason for the public
  108  employee’s decision to revoke his or her membership.
  109         5.An employee organization must retain for inspection by
  110  the commission such membership authorization forms and any
  111  revocations.
  112         6.This paragraph does not apply to members of an employee
  113  organization that has been certified as a bargaining agent to
  114  represent law enforcement officers, correctional officers, or
  115  correctional probation officers as those terms are defined in s.
  116  943.10(1), (2), or (3), respectively, or firefighters as defined
  117  in s. 633.102.
  118         7.The commission may adopt rules to implement this
  119  paragraph.
  120         Section 2. Effective July 1, 2023, section 447.303, Florida
  121  Statutes, is amended to read:
  122         447.303 Dues; deduction and collection.—
  123         (1) Except as authorized in subsection (2), an employee
  124  organization that has been certified as a bargaining agent may
  125  not have its dues and uniform assessments deducted and collected
  126  by the employer from the salaries of those employees in the
  127  unit. A public employee may pay dues and uniform assessments
  128  directly to the employee organization that has been certified as
  129  the bargaining agent.
  130         (2)(a) An Any employee organization that which has been
  131  certified as a bargaining agent to represent law enforcement
  132  officers, correctional officers, or correctional probation
  133  officers as those terms are defined in s. 943.10(1), (2), or
  134  (3), respectively, or firefighters as defined in s. 633.102 has
  135  shall have the right to have its dues and uniform assessments
  136  deducted and collected by the employer from the salaries of
  137  those employees who authorize the deduction and collection of
  138  said dues and uniform assessments. However, such authorization
  139  is revocable at the employee’s request upon 30 days’ written
  140  notice to the employer and employee organization. Said
  141  deductions shall commence upon the bargaining agent’s written
  142  request to the employer.
  143         (b) Reasonable costs to the employer of said deductions is
  144  shall be a proper subject of collective bargaining.
  145         (c) Such right to deduction, unless revoked under pursuant
  146  to s. 447.507, is shall be in force for so long as the employee
  147  organization remains the certified bargaining agent for the
  148  employees in the unit.
  149         (3) The public employer is expressly prohibited from any
  150  involvement in the collection of fines, penalties, or special
  151  assessments.
  152         Section 3. Effective October 1, 2023, section 447.305,
  153  Florida Statutes, is amended to read:
  154         447.305 Registration of employee organization.—
  155         (1) Every employee organization seeking to become a
  156  certified bargaining agent for public employees shall register
  157  with the commission pursuant to the procedures set forth in s.
  158  120.60 prior to requesting recognition by a public employer for
  159  purposes of collective bargaining and prior to submitting a
  160  petition to the commission requesting certification as an
  161  exclusive bargaining agent. Further, if such employee
  162  organization is not registered, it may not participate in a
  163  representation hearing, participate in a representation
  164  election, or be certified as an exclusive bargaining agent. The
  165  application for registration required by this section shall be
  166  under oath and in such form as the commission may prescribe and
  167  shall include:
  168         (a) The name and address of the organization and of any
  169  parent organization or organization with which it is affiliated.
  170         (b) The names and addresses of the principal officers and
  171  all representatives of the organization.
  172         (c) The amount of the initiation fee and of the monthly
  173  dues which members must pay.
  174         (d) The current annual audited financial statement of the
  175  organization.
  176         (e) The name of its business agent, if any; if different
  177  from the business agent, the name of its local agent for service
  178  of process; and the addresses where such person or persons can
  179  be reached.
  180         (f) A pledge, in a form prescribed by the commission, that
  181  the employee organization will conform to the laws of the state
  182  and that it will accept members without regard to age, race,
  183  sex, religion, or national origin.
  184         (g) A copy of the current constitution and bylaws of the
  185  employee organization.
  186         (h) A copy of the current constitution and bylaws of the
  187  state and national groups with which the employee organization
  188  is affiliated or associated. In lieu of this provision, and upon
  189  adoption of a rule by the commission, a state or national
  190  affiliate or parent organization of any registering labor
  191  organization may annually submit a copy of its current
  192  constitution and bylaws.
  193         (2) A registration granted to an employee organization
  194  pursuant to the provisions of this section shall run for 1 year
  195  from the date of issuance. A registration shall be renewed
  196  annually by filing application for renewal under oath with the
  197  commission, which application shall reflect any changes in the
  198  information provided to the commission in conjunction with the
  199  employee organization’s preceding application for registration
  200  or previous renewal, whichever is applicable. Each application
  201  for renewal of registration shall include a current annual
  202  audited financial statement, certified by an independent
  203  certified public accountant licensed under chapter 473 and
  204  report, signed by the employee organization’s its president and
  205  treasurer or corresponding principal officers, containing the
  206  following information in such detail as may be necessary
  207  accurately to disclose its financial condition and operations
  208  for its preceding fiscal year and in such categories as the
  209  commission may prescribe:
  210         (a) Assets and liabilities at the beginning and end of the
  211  fiscal year;
  212         (b) Receipts of any kind and the sources thereof;
  213         (c) Salary, allowances, and other direct or indirect
  214  disbursements, including reimbursed expenses, to each officer
  215  and also to each employee who, during such fiscal year, received
  216  more than $10,000 in the aggregate from such employee
  217  organization and any other employee organization affiliated with
  218  it or with which it is affiliated or which is affiliated with
  219  the same national or international employee organization;
  220         (d) Direct and indirect loans made to any officer,
  221  employee, or member which aggregated more than $250 during the
  222  fiscal year, together with a statement of the purpose, security,
  223  if any, and arrangements for repayment; and
  224         (e) Direct and indirect loans to any business enterprise,
  225  together with a statement of the purpose, security, if any, and
  226  arrangements for repayment.
  227         (3)In addition to subsection (2), an employee organization
  228  that has been certified as the bargaining agent for public
  229  employees must include for each such certified bargaining unit
  230  the following information and documentation as of the 30th day
  231  immediately preceding the date of renewal in its application for
  232  any renewal of registration on or after October 1, 2023:
  233         (a)The number of employees in the bargaining unit who are
  234  eligible for representation by the employee organization.
  235         (b)The number of employees in the bargaining unit who have
  236  submitted signed membership authorization forms without a
  237  subsequent revocation of such membership.
  238         (c) The number of employees in the bargaining unit who paid
  239  dues to the employee organization.
  240         (d) The number of employees in the bargaining unit who did
  241  not pay dues to the employee organization.
  242         (e)Documentation provided by an independent certified
  243  public accountant retained by the employee organization which
  244  verifies the information provided in paragraphs (a)-(d).
  245         (4) The employee organization must provide a copy of its
  246  application for renewal of registration relating to a public
  247  employer’s employees to the public employer on the same day the
  248  application is submitted to the commission.
  249         (5)An application for renewal of registration is
  250  incomplete and is not eligible for consideration by the
  251  commission if it does not include all of the information and
  252  documentation required in subsection (3). The commission shall
  253  notify the employee organization if the application is
  254  incomplete. An incomplete application must be dismissed if the
  255  required information and documentation are not provided within
  256  10 days after the employee organization receives such notice.
  257         (6)Notwithstanding the provisions of this chapter relating
  258  to collective bargaining, an employee organization that had less
  259  than 60 percent of the employees eligible for representation in
  260  the bargaining unit pay dues during its last registration period
  261  must petition the commission pursuant to s. 447.307(2) and (3)
  262  for recertification as the exclusive representative of all
  263  employees in the bargaining unit within 1 month after the date
  264  on which the employee organization applies for renewal of
  265  registration pursuant to subsection (2). The certification of an
  266  employee organization that does not comply with this section is
  267  revoked.
  268         (7)The public employer or a bargaining unit employee may
  269  challenge an employee organization’s application for renewal of
  270  registration if the public employer or bargaining unit employee
  271  believes that the application is inaccurate. The commission or
  272  one of its designated agents shall review the application to
  273  determine its accuracy and compliance with this section. If the
  274  commission finds that the application is inaccurate or does not
  275  comply with this section, the commission shall revoke the
  276  registration and certification of the employee organization.
  277         (8) The commission may conduct an investigation to confirm
  278  the validity of any information submitted pursuant to this
  279  section. The commission may revoke or deny an employee
  280  organization’s registration or certification if it finds that
  281  the employee organization:
  282         (a)Failed to cooperate with the investigation conducted
  283  pursuant to this subsection; or
  284         (b)Intentionally misrepresented the information it
  285  submitted pursuant to subsection (3).
  286  
  287  A decision issued by the commission pursuant to this subsection
  288  is a final agency action that is reviewable pursuant to s.
  289  447.504.
  290         (9)Subsections (3)-(8) do not apply to an employee
  291  organization that has been certified as the bargaining agent to
  292  represent law enforcement officers, correctional officers, or
  293  correctional probation officers as those terms are defined in s.
  294  943.10(1), (2), or (3), respectively, or firefighters as defined
  295  in s. 633.102.
  296         (10)(3) A registration fee shall accompany each application
  297  filed with the commission. The amount charged for an application
  298  for registration or renewal of registration shall not exceed
  299  $15. All such money collected by the commission shall be
  300  deposited in the General Revenue Fund.
  301         (11)(4) Every employee organization shall keep accurate
  302  accounts of its income and expenses, which accounts shall be
  303  open for inspection at all reasonable times by any member of the
  304  organization or by the commission. In addition, each employee
  305  organization that has been certified as a bargaining agent must
  306  provide to its members an annual audited financial report that
  307  includes a detailed breakdown of revenues and expenditures, and
  308  an accounting of membership dues and assessments. The employee
  309  organization must notify its members annually of all costs of
  310  membership.
  311         Section 4. Paragraphs (d) and (e) are added to subsection
  312  (1) of section 447.509, Florida Statutes, to read:
  313         447.509 Other unlawful acts.—
  314         (1) Employee organizations, their members, agents, or
  315  representatives, or any persons acting on their behalf are
  316  hereby prohibited from:
  317         (d) Offering anything of value to a public officer as
  318  defined in s. 112.313(1) which the public officer is prohibited
  319  from accepting under s. 112.313(2).
  320         (e) Offering any compensation, payment, or thing of value
  321  to a public officer as defined in s. 112.313(1) which the public
  322  officer is prohibited from accepting under s. 112.313(4).
  323         Section 5. Effective October 1, 2023, paragraph (c) of
  324  subsection (4) of section 1012.2315, Florida Statutes, is
  325  amended to read:
  326         1012.2315 Assignment of teachers.—
  327         (4) COLLECTIVE BARGAINING.—
  328         (c)1. In addition to the provisions under s. 447.305(2), an
  329  employee organization that has been certified as the bargaining
  330  agent for a unit of instructional personnel as defined in s.
  331  1012.01(2) must include for each such certified bargaining unit
  332  the following information in its application for renewal of
  333  registration:
  334         a. The number of employees in the bargaining unit who are
  335  eligible for representation by the employee organization.
  336         b. The number of employees who are represented by the
  337  employee organization, specifying the number of members who pay
  338  dues and the number of members who do not pay dues.
  339         2. Notwithstanding the provisions of chapter 447 relating
  340  to collective bargaining, an employee organization whose dues
  341  paying membership is less than 50 percent of the employees
  342  eligible for representation in the unit, as identified in
  343  subparagraph 1., must petition the Public Employees Relations
  344  Commission pursuant to s. 447.307(2) and (3) for recertification
  345  as the exclusive representative of all employees in the unit
  346  within 1 month after the date on which the organization applies
  347  for renewal of registration pursuant to s. 447.305(2). The
  348  certification of an employee organization that does not comply
  349  with this paragraph is revoked.
  350         Section 6. Effective July 1, 2023, for the purpose of
  351  incorporating the amendment made by this act to section 447.303,
  352  Florida Statutes, in a reference thereto, subsection (3) of
  353  section 110.114, Florida Statutes, is reenacted to read:
  354         110.114 Employee wage deductions.—
  355         (3) Notwithstanding the provisions of subsections (1) and
  356  (2), the deduction of an employee’s membership dues deductions
  357  as defined in s. 447.203(15) for an employee organization as
  358  defined in s. 447.203(11) shall be authorized or permitted only
  359  for an organization that has been certified as the exclusive
  360  bargaining agent pursuant to chapter 447 for a unit of state
  361  employees in which the employee is included. Such deductions
  362  shall be subject to the provisions of s. 447.303.
  363         Section 7. Effective July 1, 2023, for the purpose of
  364  incorporating the amendment made by this act to section 447.303,
  365  Florida Statutes, in a reference thereto, paragraph (a) of
  366  subsection (6) of section 447.507, Florida Statutes, is
  367  reenacted to read:
  368         447.507 Violation of strike prohibition; penalties.—
  369         (6)(a) If the commission determines that an employee
  370  organization has violated s. 447.505, it may:
  371         1. Issue cease and desist orders as necessary to ensure
  372  compliance with its order.
  373         2. Suspend or revoke the certification of the employee
  374  organization as the bargaining agent of such employee unit.
  375         3. Revoke the right of dues deduction and collection
  376  previously granted to said employee organization pursuant to s.
  377  447.303.
  378         4. Fine the organization up to $20,000 for each calendar
  379  day of such violation or determine the approximate cost to the
  380  public due to each calendar day of the strike and fine the
  381  organization an amount equal to such cost, notwithstanding the
  382  fact that the fine may exceed $20,000 for each such calendar
  383  day. The fines so collected shall immediately accrue to the
  384  public employer and shall be used by him or her to replace those
  385  services denied the public as a result of the strike. In
  386  determining the amount of damages, if any, to be awarded to the
  387  public employer, the commission shall take into consideration
  388  any action or inaction by the public employer or its agents that
  389  provoked, or tended to provoke, the strike by the public
  390  employees.
  391         Section 8. Except as otherwise expressly provided in this
  392  act, this act shall take effect upon becoming a law.