CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    573-155AXC-32                              Bill No. CS/HB 1129

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Betancourt offered the following:

12

13         Amendment (with title amendment) 

14  remove:  everything after the enacting clause,

15

16  and insert:

17         Section 1.  Subsection (12) is added to section

18  447.207, Florida Statutes, to read:

19         447.207  Commission; powers and duties.--

20         (12)  The commission shall file a report with the

21  President of the Senate and the Speaker of the House of

22  Representatives by January 1 of each year identifying the

23  employee organizations currently registered or certified by

24  the commission, employee organizations that renewed

25  registration with the commission, and any employee

26  organization whose registration or certification has been

27  revoked by the commission during the previous calendar year.

28         Section 2.  Section 447.305, Florida Statutes, is

29  amended to read:

30         447.305  Registration of employee organization.--

31         (1)  Every employee organization seeking to become a

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                                                   HOUSE AMENDMENT

    573-155AXC-32                              Bill No. CS/HB 1129

    Amendment No. ___ (for drafter's use only)





  1  certified bargaining agent for public employees shall register

  2  with the commission pursuant to the procedures set forth in s.

  3  120.60 prior to requesting recognition by a public employer

  4  for purposes of collective bargaining and prior to submitting

  5  a petition to the commission requesting certification as an

  6  exclusive bargaining agent.  Further, if such employee

  7  organization is not registered, it may not participate in a

  8  representation hearing, participate in a representation

  9  election, or be certified as an exclusive bargaining agent.

10  The application for registration required by this section

11  shall be under oath and in such form as the commission may

12  prescribe and shall include:

13         (a)  The name and address of the organization and of

14  any parent organization or any state organization with which

15  it is affiliated.

16         (b)  The names, titles, telephone numbers, and

17  addresses of the principal officers and all representatives of

18  the organization and the names, titles, and telephone numbers

19  of the officers of any state organization with which it is

20  affiliated.

21         (c)  The amount of the initiation fee, if any, and of

22  the annual monthly dues that which members of each employee

23  organization must pay.

24         (d)  The current annual financial statement of the

25  organization.

26         (e)  The name of its business agent, if any; if

27  different from the business agent, the name of its local agent

28  for service of process; and the addresses where such person or

29  persons can be reached.

30         (f)  A pledge, in a form prescribed by the commission,

31  that the employee organization will conform to the laws of the

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                                                   HOUSE AMENDMENT

    573-155AXC-32                              Bill No. CS/HB 1129

    Amendment No. ___ (for drafter's use only)





  1  state and that it will accept members without regard to age,

  2  race, sex, religion, or national origin.

  3         (g)  A copy of the current constitution and bylaws of

  4  the employee organization.

  5         (h)  A copy of the current constitution and bylaws of

  6  the state and national groups with which the employee

  7  organization is affiliated or associated.  In lieu of this

  8  provision, and upon adoption of a rule by the commission, a

  9  state or national affiliate or parent organization of any

10  registering labor organization may annually submit a copy of

11  its current constitution and bylaws.

12         (2)  A registration granted to an employee organization

13  pursuant to the provisions of this section shall run until

14  June 30 following for 1 year from the date of issuance.  A

15  registration shall be renewed each year by July 1 annually by

16  filing an application for renewal under oath with the

17  commission, which application shall reflect any changes in the

18  information provided to the commission in conjunction with the

19  employee organization's preceding application for registration

20  or previous renewal, whichever is applicable.  Each

21  application for renewal of registration shall include a

22  current annual financial report, signed by its president and

23  treasurer or corresponding principal officers, containing the

24  following information in such detail as may be necessary

25  accurately to disclose its financial condition and operations

26  for its preceding fiscal year and in such categories as the

27  commission may prescribe:

28         (a)  Assets and liabilities at the beginning and end of

29  the fiscal year;

30         (b)  Receipts of any kind and the sources thereof;

31         (c)  Salary, allowances, and other direct or indirect

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                                                   HOUSE AMENDMENT

    573-155AXC-32                              Bill No. CS/HB 1129

    Amendment No. ___ (for drafter's use only)





  1  disbursements, including reimbursed expenses, to each officer

  2  and also to each employee who, during such fiscal year,

  3  received more than $10,000 in the aggregate from such employee

  4  organization and any other employee organization affiliated

  5  with it or with which it is affiliated or which is affiliated

  6  with the same national or international employee organization

  7  and list the annual salaries of each of the principal officers

  8  of all state affiliates;

  9         (d)  Direct and indirect loans made to any officer,

10  employee, or member which aggregated more than $250 during the

11  fiscal year, together with a statement of the purpose,

12  security, if any, and arrangements for repayment; and

13         (e)  Direct and indirect loans to any business

14  enterprise, together with a statement of the purpose,

15  security, if any, and arrangements for repayment;.

16         (f)  The annual dollar amount of the following benefit

17  packages paid to each of the principal officers of the

18  organization that is seeking renewal of registration:

19         1.  Health, major medical, vision, or dental insurance;

20         2.  Life insurance;

21         3.  Retirement plans; and

22         4.  Automobile allowances;

23         (g)  The amount of the salary of any officer of the

24  organization that was paid by a public employer and any

25  amounts paid as total or partial reimbursement to the public

26  employer by the employee organization seeking renewal of

27  registration;

28         (h)  Separately, each of the different bargaining units

29  and the number of dues-paying members of each bargaining unit

30  to be represented by the employee organization as of June 30

31  immediately preceding the filing; and

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                                                   HOUSE AMENDMENT

    573-155AXC-32                              Bill No. CS/HB 1129

    Amendment No. ___ (for drafter's use only)





  1         (i)  Separately, the per-member amount of annual dues

  2  sent from the employee organization seeking renewal of

  3  registration to each state, national, or international

  4  affiliate.

  5         (3)  All applications for renewal of registration shall

  6  be filed with the commission by June 30 of each year. Within

  7  20 days after the date an application for renewal must be

  8  filed, the commission shall notify by certified mail any

  9  employee organization that failed to file by the June 30

10  deadline advising that the application is overdue and that the

11  organization shall be subject to a fine in the amount of $50

12  per day until the application is received. The fine shall be

13  assessed from the date the notice is received by the employee

14  organization. The commission shall determine the amount of

15  fine due based upon the earliest of the following:

16         (a)  When the application is actually received by the

17  commission;

18         (b)  When the application is postmarked;

19         (c)  When the certificate of mailing is dated, if sent

20  by certified mail; or

21         (d)  When the receipt for an established courier

22  company is dated, if sent by courier.

23

24  If the overdue application is not received within 60 days

25  after the date the commission's notice is received by the

26  organization, any application for renewal received after the

27  60-day period shall be denied. If the application for renewal

28  is received within the 60-day period but the fine has not been

29  paid, the application for renewal shall be denied. Any fine

30  imposed under this subsection shall not exceed $1,000, and all

31  moneys collected under this subsection shall be deposited in

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                                                   HOUSE AMENDMENT

    573-155AXC-32                              Bill No. CS/HB 1129

    Amendment No. ___ (for drafter's use only)





  1  the Public Employees Relations Commission Trust Fund.

  2         (4)  Upon receipt of an application for renewal of

  3  registration, the commission shall examine the application

  4  and, within 30 days after such receipt, shall notify the

  5  employee organization by certified mail that the application

  6  is complete or that additional information is necessary. If

  7  the employee organization fails to provide the additional

  8  information within 20 days after the date notice is received

  9  by the employee organization, the organization shall be

10  subject to a fine in the amount of $50 per day until the

11  information is provided. The fine shall be assessed from the

12  day following the 20-day period in which the organization was

13  to provide the additional information. The commission shall

14  determine the amount of fine due based upon the earliest of

15  the following:

16         (a)  When the application is actually received by the

17  commission;

18         (b)  When the application is postmarked;

19         (c)  When the certificate of mailing is dated, if sent

20  by certified mail; or

21         (d)  When the receipt for an established courier

22  company is dated, if sent by a courier.

23

24  If the employee organization fails to provide the additional

25  information within 60 days after the date the commission's

26  notice is received by the organization and the fine is not

27  paid, the renewal of registration shall be denied. Any fine

28  imposed under this subsection shall not exceed $1,000, and all

29  moneys collected under this subsection shall be deposited in

30  the Public Employees Relations Commission Trust Fund.

31         (5)  Any employee organization may appeal or dispute a

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                                                   HOUSE AMENDMENT

    573-155AXC-32                              Bill No. CS/HB 1129

    Amendment No. ___ (for drafter's use only)





  1  fine imposed under subsection (3) or subsection (4) based upon

  2  unusual circumstances surrounding the failure to file the

  3  application by June 30 or the failure to provide additional

  4  information to the commission. The employee organization may

  5  request and shall be entitled to a hearing before the

  6  commission, which shall have the authority to waive the fine

  7  in whole or in part. Any such request must be made within 20

  8  days after the receipt of the notice of payment due.

  9         (6)(3)  A registration fee shall accompany each

10  application filed with the commission. The amount charged for

11  an application for registration or renewal of registration is

12  $50 shall not exceed $15. All such money collected by the

13  commission shall be deposited in the Public Employees

14  Relations Commission Trust General Revenue Fund.

15         (7)(4)  Notification of registrations and renewals of

16  registration shall be furnished at regular intervals by the

17  commission to the Department of Labor and Employment Security.

18         (8)(5)  Every employee organization shall keep accurate

19  accounts of its income and expenses, which accounts shall be

20  open for inspection at all reasonable times by any member of

21  the organization or by the commission.

22         (9)  The commission shall be the custodian of all

23  records required under this section and shall make such

24  records available for public inspection. However, the

25  commission shall not release to the public any personally

26  identifying information required to be filed under paragraph

27  (1)(b) in the case of information relating to any individual

28  who is a sworn law enforcement officer or a correctional

29  officer if such information is exempt under s. 119.07(3)(i).

30         Section 3.  This act shall take effect August 1, 2002.

31

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                                                   HOUSE AMENDMENT

    573-155AXC-32                              Bill No. CS/HB 1129

    Amendment No. ___ (for drafter's use only)





  1  ================ T I T L E   A M E N D M E N T ===============

  2  And the title is amended as follows:

  3         On page 1, line 23, after the semicolon,

  4  remove:

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  6  and insert:

  7         requiring the commission to be the custodian of

  8         certain records; requiring public access to

  9         such records; providing an exception;

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