House Bill hb1129c1

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    Florida House of Representatives - 2002             CS/HB 1129

        By the Committee on State Administration and
    Representatives Betancourt and Melvin





  1                      A bill to be entitled

  2         An act relating to the Public Employees

  3         Relations Commission; amending s. 447.207,

  4         F.S.; requiring the commission to report

  5         certain information each year to the President

  6         of the Senate and the Speaker of the House of

  7         Representatives; amending s. 447.305, F.S.;

  8         revising required information in applications

  9         for registration; specifying a uniform date for

10         registrations; requiring additional information

11         in applications for registration; specifying

12         conditions for denial or revocation of

13         registration by employee organizations;

14         providing for denial of registration under

15         certain circumstances; authorizing the

16         commission to impose fines under certain

17         circumstances; providing for appeal or dispute

18         of such fines; providing for hearings before

19         the commission; authorizing the commission to

20         waive such fines under certain circumstances;

21         revising a prescribed registration fee;

22         providing for retention by the commission of

23         certain funds; providing an effective date.

24

25  Be It Enacted by the Legislature of the State of Florida:

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

28  447.207, Florida Statutes, to read:

29         447.207  Commission; powers and duties.--

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

31  President of the Senate and the Speaker of the House of

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  1  Representatives by January 1 of each year identifying the

  2  employee organizations currently registered or certified by

  3  the commission, employee organizations that renewed

  4  registration with the commission, and any employee

  5  organization whose registration or certification has been

  6  revoked by the commission during the previous calendar year.

  7         Section 2.  Section 447.305, Florida Statutes, is

  8  amended to read:

  9         447.305  Registration of employee organization.--

10         (1)  Every employee organization seeking to become a

11  certified bargaining agent for public employees shall register

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

13  120.60 prior to requesting recognition by a public employer

14  for purposes of collective bargaining and prior to submitting

15  a petition to the commission requesting certification as an

16  exclusive bargaining agent.  Further, if such employee

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

18  representation hearing, participate in a representation

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

20  The application for registration required by this section

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

22  prescribe and shall include:

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

24  any parent organization or any state organization with which

25  it is affiliated.

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

27  addresses of the principal officers and all representatives of

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

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

30  affiliated.

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

  2  the annual monthly dues that which members of each public

  3  sector bargaining unit must pay.

  4         (d)  The current annual financial statement of the

  5  organization.

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

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

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

  9  persons can be reached.

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

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

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

13  race, sex, religion, or national origin.

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

15  the employee organization.

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

17  the state and national groups with which the employee

18  organization is affiliated or associated.  In lieu of this

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

20  state or national affiliate or parent organization of any

21  registering labor organization may annually submit a copy of

22  its current constitution and bylaws.

23         (2)  A registration granted to an employee organization

24  pursuant to the provisions of this section shall run until

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

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

27  filing an application for renewal under oath with the

28  commission, which application shall reflect any changes in the

29  information provided to the commission in conjunction with the

30  employee organization's preceding application for registration

31  or previous renewal, whichever is applicable.  Each

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  1  application for renewal of registration shall include a

  2  current annual financial report, signed by its president and

  3  treasurer or corresponding principal officers, containing the

  4  following information in such detail as may be necessary

  5  accurately to disclose its financial condition and operations

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

  7  commission may prescribe:

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

  9  the fiscal year;

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

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

12  disbursements, including reimbursed expenses, to each officer

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

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

15  organization and any other employee organization affiliated

16  with it or with which it is affiliated or which is affiliated

17  with the same national or international employee organization

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

19  of all state affiliates;

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

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

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

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

24         (e)  Direct and indirect loans to any business

25  enterprise, together with a statement of the purpose,

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

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

28  packages paid to each of the principal officers of the

29  organization that is seeking renewal of registration:

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

31         2.  Life insurance;

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  1         3.  Retirement plans; and

  2         4.  Automobile allowances;

  3         (g)  The amount of the salary of any officers of the

  4  organization that was paid by a public employer but was all or

  5  partially reimbursed to the public employer from the employee

  6  organization seeking renewal of registration;

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

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

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

10  immediately preceding the filing; and

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

12  sent from the employee organization seeking renewal of

13  registration to each state, national, or international

14  affiliate.

15         (3)  All applications for renewal of registration shall

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

17  20 days after the date an application for renewal must be

18  filed, the commission shall notify by certified mail any

19  employee organization that failed to file by the June 30

20  deadline advising that the application is overdue and that the

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

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

23  assessed from the date the notice is sent by the commission.

24  The commission shall determine the amount of fine due based

25  upon the earliest of the following:

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

27  commission;

28         (b)  When the application is postmarked;

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

30  by certified mail; or

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  1         (d)  When the receipt for an established courier

  2  company is dated, if sent by a courier.

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  4  If the overdue application is not received within 60 days

  5  after the date notice is sent, any application for renewal

  6  received after the 60-day period shall be denied. If the

  7  application for renewal is received within the 60-day period

  8  but the fine has not been paid, the application for renewal

  9  shall be denied. Any fine imposed under this subsection shall

10  not exceed $1,000, and all moneys collected under this

11  subsection shall be deposited in the Public Employees

12  Relations Commission Trust Fund.

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

14  registration, the commission shall examine the application

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

16  employee organization by certified mail that the application

17  is complete or that additional information is necessary. If

18  the employee organization fails to provide the additional

19  information within 20 days after the date notice is sent, the

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

21  per day until the information is provided. The fine shall be

22  assessed from the day following the 20-day period in which the

23  organization was to provide the additional information. The

24  commission shall determine the amount of fine due based upon

25  the earliest of the following:

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

27  commission;

28         (b)  When the application is postmarked;

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

30  by certified mail; or

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    Florida House of Representatives - 2002             CS/HB 1129

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  1         (d)  When the receipt for an established courier

  2  company is dated, if sent by a courier.

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  4  If the employee organization fails to provide the additional

  5  information within 60 days after the date notice is sent and

  6  the fine is not paid, the renewal of registration shall be

  7  denied. Any fine imposed under this subsection shall not

  8  exceed $1,000, and all moneys collected under this subsection

  9  shall be deposited in the Public Employees Relations

10  Commission Trust Fund.

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

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

13  unusual circumstances surrounding the failure to file the

14  application by June 30 or the failure to provide additional

15  information to the commission. The employee organization may

16  request and shall be entitled to a hearing before the

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

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

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

20         (6)(3)  A registration fee shall accompany each

21  application filed with the commission. The amount charged for

22  an application for registration is $50 or renewal of

23  registration shall not exceed $15. The fee charged for an

24  application for renewal of registration shall be $1 per member

25  in the bargaining unit calculated based upon the number of

26  members in such unit as of June 30 immediately preceding the

27  filing, but in no case shall the amount exceed $1,000. All

28  such money collected by the commission shall be deposited in

29  the Public Employees Relations Commission Trust General

30  Revenue Fund.

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  1         (7)(4)  Notification of registrations and renewals of

  2  registration shall be furnished at regular intervals by the

  3  commission to the Department of Labor and Employment Security.

  4         (8)(5)  Every employee organization shall keep accurate

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

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

  7  the organization or by the commission.

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

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