Florida Senate - 2024                                    SB 1746
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-00653B-24                                          20241746__
    1                        A bill to be entitled                      
    2         An act relating to public employees; amending s.
    3         447.207, F.S.; revising a prohibition on dues to
    4         certain mass transit employees; amending s. 447.301,
    5         F.S.; deleting obsolete language; requiring certain
    6         public employees of an employee organization to submit
    7         executed forms to the bargaining agent; revising
    8         applicability; amending s. 447.303, F.S.; providing
    9         that specified employee organizations have the right
   10         to have its dues and uniform assessments deducted and
   11         collected by the employer from the salaries of those
   12         employees who authorized such deduction and
   13         collection; amending s. 447.305, F.S.; revising the
   14         application employee organizations must submit to
   15         register as certified bargaining agents; requiring
   16         applications for renewal of registration to include
   17         current annual financial statements prepared by an
   18         independent certified public accountant; revising the
   19         information that must be included in such
   20         applications; revising the timeframe in which a
   21         certain bargaining agents must submit specified
   22         information and documentation; requiring certain
   23         employee organizations to petition the Public
   24         Employees Relations Commission for recertification;
   25         revising applicability; authorizing the commission to,
   26         and in a specified circumstance requiring the
   27         commission to, investigate an employee organization’s
   28         application for registration renewal; requiring the
   29         commission to deny such applications under specified
   30         circumstances; making technical changes; conforming
   31         provisions to changes made by the act; providing an
   32         effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Paragraph (a) of subsection (12) of section
   37  447.207, Florida Statutes, is amended to read:
   38         447.207 Commission; powers and duties.—
   39         (12) Upon a petition by a public employer after it has been
   40  notified by the Department of Labor that the public employer’s
   41  protective arrangement covering mass transit employees does not
   42  meet the requirements of 49 U.S.C. s. 5333(b) and would
   43  jeopardize the employer’s continued eligibility to receive
   44  Federal Transit Administration funding, the commission may
   45  waive, to the extent necessary for the public employer to comply
   46  with the requirements of 49 U.S.C. s. 5333(b), any of the
   47  following for an employee organization that has been certified
   48  as a bargaining agent to represent mass transit employees:
   49         (a) The prohibition on dues and assessment deductions
   50  provided in s. 447.303(1) as it applies to a mass transit
   51  employee who has provided a copy of his or her membership
   52  authorization form to the employer as part of the authorization
   53  of dues deduction under a waiver.
   54         Section 2. Section 447.301, Florida Statutes, is amended to
   55  read:
   56         447.301 Public employees’ rights; organization and
   57  representation.—
   58         (1)(a) Public employees shall have the right to form, join,
   59  and participate in, or to refrain from forming, joining, or
   60  participating in, any employee organization of their own
   61  choosing.
   62         (b)1. Beginning July 1, 2023, A public employee who desires
   63  to be a member of an employee organization must sign and date a
   64  membership authorization form, as prescribed by the commission,
   65  and submit the executed form to with the bargaining agent.
   66         2. The membership authorization form must identify the name
   67  of the bargaining agent; the name of the employee; the class
   68  code and class title of the employee; the name of the public
   69  employer and employing agency, if applicable; the amount of the
   70  initiation fee and of the monthly dues which the member must
   71  pay; and the name and total amount of salary, allowances, and
   72  other direct or indirect disbursements, including
   73  reimbursements, paid to each of the five highest compensated
   74  officers and employees of the employee organization disclosed
   75  under s. 447.305(2)(c).
   76         3. The membership authorization form must contain the
   77  following statement in 14-point type:
   78  
   79         The State of Florida is a right-to-work state.
   80         Membership or non-membership in a labor union is not
   81         required as a condition of employment, and union
   82         membership and payment of union dues and assessments
   83         are voluntary. Each person has the right to join and
   84         pay dues to a labor union or to refrain from joining
   85         and paying dues to a labor union. No employee may be
   86         discriminated against in any manner for joining and
   87         financially supporting a labor union or for refusing
   88         to join or financially support a labor union.
   89  
   90         4. A public employee may revoke membership in the employee
   91  organization at any time of the year. Upon receipt of the
   92  employee’s written revocation of membership, the employee
   93  organization must revoke a public employee’s membership. The
   94  employee organization may not limit an employee’s right to
   95  revoke membership to certain dates. If a public employee must
   96  complete a form to revoke membership in the employee
   97  organization, the form may not require a reason for the public
   98  employee’s decision to revoke his or her membership.
   99         5. An employee organization must retain for inspection by
  100  the commission such membership authorization forms and any
  101  revocations.
  102         6. This paragraph does not apply to members of a bargaining
  103  unit the majority of whose employees eligible for representation
  104  are employed as law enforcement officers, correctional officers,
  105  or correctional probation officers as those terms are defined in
  106  s. 943.10(1), (2), or (3), respectively, firefighters as defined
  107  in s. 633.102, 911 public safety telecommunicators as defined in
  108  s. 401.465(1)(a), or emergency medical technicians or paramedics
  109  as defined in s. 401.23 an employee organization that has been
  110  certified as a bargaining agent to represent law enforcement
  111  officers, correctional officers, or correctional probation
  112  officers as those terms are defined in s. 943.10(1), (2), or
  113  (3), respectively, or firefighters as defined in s. 633.102.
  114         7. The commission may adopt rules to implement this
  115  paragraph.
  116         (2) Public employees shall have the right to be represented
  117  by any employee organization of their own choosing and to
  118  negotiate collectively, through a certified bargaining agent,
  119  with their public employer in the determination of the terms and
  120  conditions of their employment. Public employees shall have the
  121  right to be represented in the determination of grievances on
  122  all terms and conditions of their employment. Public employees
  123  shall have the right to refrain from exercising the right to be
  124  represented.
  125         (3) Public employees shall have the right to engage in
  126  concerted activities not prohibited by law, for the purpose of
  127  collective bargaining or other mutual aid or protection. Public
  128  employees shall also have the right to refrain from engaging in
  129  such activities.
  130         (4) Nothing in this part shall be construed to prevent any
  131  public employee from presenting, at any time, his or her own
  132  grievances, in person or by legal counsel, to his or her public
  133  employer and having such grievances adjusted without the
  134  intervention of the bargaining agent, if the adjustment is not
  135  inconsistent with the terms of the collective bargaining
  136  agreement then in effect and if the bargaining agent has been
  137  given reasonable opportunity to be present at any meeting called
  138  for the resolution of such grievances.
  139         (5) In the case of community colleges and universities, the
  140  student government association of each community college or
  141  university shall establish procedures for the selection of, and
  142  shall select, a student representative to be present, at his or
  143  her discretion, at negotiations between the bargaining agent of
  144  the employees and the board of trustees. Each student
  145  representative shall have access to all written draft agreements
  146  and all other written documents pertaining to negotiations
  147  exchanged by the appropriate public employer and the bargaining
  148  agent, including a copy of any prepared written transcripts of
  149  any negotiating session. Each student representative shall have
  150  the right at reasonable times during the negotiating session to
  151  comment to the parties and to the public upon the impact of
  152  proposed agreements on the educational environment of students.
  153  Each student representative shall have the right to be
  154  accompanied by alternates or aides, not to exceed a combined
  155  total of two in number. Each student representative shall be
  156  obligated to participate in good faith during all negotiations
  157  and shall be subject to the rules and regulations of the Public
  158  Employees Relations Commission. The student representatives
  159  shall have neither voting nor veto power in any negotiation,
  160  action, or agreement. The state or any branch, agency, division,
  161  agent, or institution of the state, including community colleges
  162  and universities, may not expend any moneys from any source for
  163  the payment of reimbursement for travel expenses or per diem to
  164  aides, alternates, or student representatives participating in,
  165  observing, or contributing to any negotiating sessions between
  166  the bargaining parties.
  167         Section 3. Section 447.303, Florida Statutes, is amended to
  168  read:
  169         447.303 Dues; deduction and collection.—
  170         (1) Except as authorized in subsection (2) or subject to a
  171  waiver granted pursuant to s. 447.207(12)(a), an employee
  172  organization that has been certified as a bargaining agent may
  173  not have its dues and uniform assessments deducted and collected
  174  by the employer from the salaries of those employees in the
  175  unit. A public employee may pay dues and uniform assessments
  176  directly to the employee organization that has been certified as
  177  the bargaining agent.
  178         (2)(a) An employee organization that has been certified as
  179  a bargaining agent to represent a bargaining unit the majority
  180  of whose employees eligible for representation are employed as
  181  law enforcement officers, correctional officers, or correctional
  182  probation officers as those terms are defined in s. 943.10(1),
  183  (2), or (3), respectively, or firefighters as defined in s.
  184  633.102, 911 public safety telecommunicators as defined in s.
  185  401.465(1)(a), or emergency medical technicians or paramedics as
  186  defined in s. 401.23 has the right to have its dues and uniform
  187  assessments for that bargaining unit deducted and collected by
  188  the employer from the salaries of those employees who authorize
  189  the deduction and collection of said dues and uniform
  190  assessments. However, such authorization is revocable at the
  191  employee’s request upon 30 days’ written notice to the employer
  192  and employee organization. Said deductions shall commence upon
  193  the bargaining agent’s written request to the employer.
  194         (b) Reasonable costs to the employer of said deductions is
  195  a proper subject of collective bargaining.
  196         (c) Such right to deduction, unless revoked under s.
  197  447.507, is in force for so long as the employee organization
  198  remains the certified bargaining agent for the employees in the
  199  unit.
  200         (3) The public employer is expressly prohibited from any
  201  involvement in the collection of fines, penalties, or special
  202  assessments.
  203         Section 4. Section 447.305, Florida Statutes, is amended to
  204  read:
  205         447.305 Registration of employee organization.—
  206         (1) Every employee organization seeking to become a
  207  certified bargaining agent for public employees shall register
  208  with the commission pursuant to the procedures set forth in s.
  209  120.60 prior to requesting recognition by a public employer for
  210  purposes of collective bargaining and prior to submitting a
  211  petition to the commission requesting certification as an
  212  exclusive bargaining agent. Further, if such employee
  213  organization is not registered, it may not participate in a
  214  representation hearing, participate in a representation
  215  election, or be certified as an exclusive bargaining agent. The
  216  application for registration required by this section shall be
  217  under oath and in such form as the commission may prescribe and
  218  shall include:
  219         (a) The name and address of the organization and of any
  220  parent organization or organization with which it is affiliated.
  221         (b) The names and addresses of the principal officers and
  222  all representatives of the organization.
  223         (c) The amount of the initiation fee and the amount and
  224  collection frequency of the monthly dues and uniform assessments
  225  that a member which members must pay.
  226         (d) The current annual audited financial statement of the
  227  organization, prepared by an independent certified public
  228  accountant licensed under chapter 473.
  229         (e) The name of its business agent, if any; if different
  230  from the business agent, the name of its local agent for service
  231  of process; and the addresses where such person or persons can
  232  be reached.
  233         (f) A pledge, in a form prescribed by the commission, that
  234  the employee organization will conform to the laws of the state
  235  and that it will accept members without regard to age, race,
  236  sex, religion, or national origin.
  237         (g) A copy of the current constitution and bylaws of the
  238  employee organization.
  239         (h) A copy of the current constitution and bylaws of the
  240  state and national groups with which the employee organization
  241  is affiliated or associated. In lieu of this provision, and upon
  242  adoption of a rule by the commission, a state or national
  243  affiliate or parent organization of any registering labor
  244  organization may annually submit a copy of its current
  245  constitution and bylaws.
  246         (2) A registration granted to an employee organization
  247  pursuant to the provisions of this section shall run for 1 year
  248  from the date of issuance. A registration shall be renewed
  249  annually by filing an application for renewal under oath with
  250  the commission, which application shall reflect any changes in
  251  the information provided to the commission in conjunction with
  252  the employee organization’s preceding application for
  253  registration or previous renewal, whichever is applicable. Each
  254  application for renewal of registration shall include a current
  255  annual audited financial statement, prepared certified by an
  256  independent certified public accountant licensed under chapter
  257  473 and signed by the employee organization’s president and
  258  treasurer or corresponding principal officers, containing the
  259  following information in such detail as may be necessary
  260  accurately to disclose its financial condition and operations
  261  for its preceding fiscal year and in such categories as the
  262  commission may prescribe:
  263         (a) Assets and liabilities at the beginning and end of the
  264  fiscal year;
  265         (b) Receipts of any kind and the sources thereof;
  266         (c) Disbursements by category;
  267         (d)(c) Salary, allowances, and other direct or indirect
  268  disbursements, including reimbursed expenses, to each officer
  269  and also to each employee who, during such fiscal year, received
  270  more than $10,000 in the aggregate from such employee
  271  organization and any other employee organization affiliated with
  272  it or with which it is affiliated or which is affiliated with
  273  the same national or international employee organization;
  274         (e)(d) Direct and indirect loans made to any officer,
  275  employee, or member which aggregated more than $250 during the
  276  fiscal year, together with a statement of the purpose, security,
  277  if any, and arrangements for repayment; and
  278         (f)(e) Direct and indirect loans to any business
  279  enterprise, together with a statement of the purpose, security,
  280  if any, and arrangements for repayment.
  281         (3) In addition to subsection (2), an employee organization
  282  that has been certified as the bargaining agent for public
  283  employees must include for each such certified bargaining unit
  284  the following information and documentation as of the 30th day
  285  immediately preceding the date upon which its current
  286  registration is scheduled to end of renewal in its application
  287  for any renewal of registration on or after October 1, 2023:
  288         (a) The number of employees in the bargaining unit who are
  289  eligible for representation by the employee organization.
  290         (b) The number of employees in the bargaining unit who have
  291  submitted signed membership authorization forms without a
  292  subsequent revocation of such membership.
  293         (c) The number of employees in the bargaining unit who paid
  294  dues to the employee organization.
  295         (d) The number of employees in the bargaining unit who did
  296  not pay dues to the employee organization.
  297         (e) Documentation provided by an independent certified
  298  public accountant retained by the employee organization which
  299  verifies the information provided in paragraphs (a)-(d).
  300         (4) The employee organization must provide a copy of its
  301  application for renewal of registration relating to a public
  302  employer’s employees to the public employer on the same day the
  303  application is submitted to the commission.
  304         (5) An application for renewal of registration is
  305  incomplete and is not eligible for consideration by the
  306  commission if it does not include all of the information and
  307  documentation required in subsection (3). The commission shall
  308  notify the employee organization if the application is
  309  incomplete. An incomplete application must be dismissed if the
  310  required information and documentation are not provided within
  311  10 days after the employee organization receives such notice.
  312         (6) Notwithstanding the provisions of this chapter relating
  313  to collective bargaining, an employee organization certified as
  314  a bargaining agent to represent a bargaining unit for which that
  315  had less than 60 percent of the unit employees have submitted
  316  membership authorization forms without subsequent revocation and
  317  paid dues to the organization eligible for representation in the
  318  bargaining unit pay dues during its last registration period
  319  must petition the commission pursuant to s. 447.307(2) and (3)
  320  for recertification as the exclusive representative of all
  321  employees in the bargaining unit within 30 days 1 month after
  322  the date on which the employee organization applies for renewal
  323  of registration pursuant to subsection (2). The certification of
  324  an employee organization that does not comply with this section
  325  is revoked.
  326         (7) The public employer or a bargaining unit employee may
  327  challenge an employee organization’s application for renewal of
  328  registration if the public employer or bargaining unit employee
  329  believes that the application is inaccurate. The commission or
  330  one of its designated agents shall review the application to
  331  determine its accuracy and compliance with this section. If the
  332  commission finds that the application is inaccurate or does not
  333  comply with this section, the commission shall revoke the
  334  registration and certification of the employee organization.
  335         (8) The commission may conduct an investigation to confirm
  336  the validity of any information submitted pursuant to this
  337  section. The commission may revoke or deny an employee
  338  organization’s registration or certification if it finds that
  339  the employee organization:
  340         (a) Failed to cooperate with the investigation conducted
  341  pursuant to this subsection, including refusal to permit the
  342  commission to inspect membership authorization forms or
  343  revocations pursuant to s. 447.301(1)(b)5.; or
  344         (b) Intentionally misrepresented the information it
  345  submitted pursuant to this section subsection (3).
  346  
  347  A decision issued by the commission pursuant to this subsection
  348  is a final agency action that is reviewable pursuant to s.
  349  447.504.
  350         (9) Subsections (3)-(8) do not apply to a bargaining unit
  351  the majority of whose employees eligible for representation are
  352  employed as an employee organization that has been certified as
  353  the bargaining agent to represent law enforcement officers,
  354  correctional officers, or correctional probation officers as
  355  those terms are defined in s. 943.10(1), (2), or (3),
  356  respectively, or firefighters as defined in s. 633.102, 911
  357  public safety telecommunicators as defined in s. 401.465(1)(a),
  358  or emergency medical technicians or paramedics as defined in s.
  359  401.23.
  360         (10) A registration fee shall accompany each application
  361  filed with the commission. The amount charged for an application
  362  for registration or renewal of registration shall not exceed
  363  $15. All such money collected by the commission shall be
  364  deposited in the General Revenue Fund.
  365         (11) Every employee organization shall keep accurate
  366  accounts of its income and expenses, which accounts shall be
  367  open for inspection at all reasonable times by any member of the
  368  organization or by the commission. In addition, each employee
  369  organization that has been certified as a bargaining agent must
  370  provide to its members an annual audited financial report
  371  prepared by an independent certified public accountant licensed
  372  under chapter 473 that includes a detailed breakdown of revenues
  373  and expenditures in such categories as the commission may
  374  prescribe, and an accounting of membership dues and assessments.
  375  The employee organization must notify its members annually of
  376  all costs of membership.
  377         Section 5. This act shall take effect July 1, 2024.