House Bill hb1129e1

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                                       CS/HB 1129, First Engrossed



  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; requiring the commission to be

24         the custodian of certain records; requiring

25         public access to such records; providing an

26         exception; providing an effective date.

27

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

29

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

31  447.207, Florida Statutes, to read:


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                                       CS/HB 1129, First Engrossed



  1         447.207  Commission; powers and duties.--

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

  3  President of the Senate and the Speaker of the House of

  4  Representatives by January 1 of each year identifying the

  5  employee organizations currently registered or certified by

  6  the commission, employee organizations that renewed

  7  registration with the commission, and any employee

  8  organization whose registration or certification has been

  9  revoked by the commission during the previous calendar year.

10         Section 2.  Section 447.305, Florida Statutes, is

11  amended to read:

12         447.305  Registration of employee organization.--

13         (1)  Every employee organization seeking to become a

14  certified bargaining agent for public employees shall register

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

16  120.60 prior to requesting recognition by a public employer

17  for purposes of collective bargaining and prior to submitting

18  a petition to the commission requesting certification as an

19  exclusive bargaining agent.  Further, if such employee

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

21  representation hearing, participate in a representation

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

23  The application for registration required by this section

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

25  prescribe and shall include:

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

27  any parent organization or any state organization with which

28  it is affiliated.

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

30  addresses of the principal officers and all representatives of

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


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                                       CS/HB 1129, First Engrossed



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

  2  affiliated.

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

  4  the annual monthly dues that which members of each employee

  5  organization must pay.

  6         (d)  The current annual financial statement of the

  7  organization.

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

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

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

11  persons can be reached.

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

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

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

15  race, sex, religion, or national origin.

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

17  the employee organization.

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

19  the state and national groups with which the employee

20  organization is affiliated or associated.  In lieu of this

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

22  state or national affiliate or parent organization of any

23  registering labor organization may annually submit a copy of

24  its current constitution and bylaws.

25         (2)  A registration granted to an employee organization

26  pursuant to the provisions of this section shall run until

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

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

29  filing an application for renewal under oath with the

30  commission, which application shall reflect any changes in the

31  information provided to the commission in conjunction with the


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                                       CS/HB 1129, First Engrossed



  1  employee organization's preceding application for registration

  2  or previous renewal, whichever is applicable.  Each

  3  application for renewal of registration shall include a

  4  current annual financial report, signed by its president and

  5  treasurer or corresponding principal officers, containing the

  6  following information in such detail as may be necessary

  7  accurately to disclose its financial condition and operations

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

  9  commission may prescribe:

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

11  the fiscal year;

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

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

14  disbursements, including reimbursed expenses, to each officer

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

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

17  organization and any other employee organization affiliated

18  with it or with which it is affiliated or which is affiliated

19  with the same national or international employee organization

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

21  of all state affiliates;

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

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

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

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

26         (e)  Direct and indirect loans to any business

27  enterprise, together with a statement of the purpose,

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

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

30  packages paid to each of the principal officers of the

31  organization that is seeking renewal of registration:


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                                       CS/HB 1129, First Engrossed



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

  2         2.  Life insurance;

  3         3.  Retirement plans; and

  4         4.  Automobile allowances;

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

  6  organization that was paid by a public employer and any

  7  amounts paid as total or partial reimbursement to the public

  8  employer by the employee organization seeking renewal of

  9  registration;

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

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

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

13  immediately preceding the filing; and

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

15  sent from the employee organization seeking renewal of

16  registration to each state, national, or international

17  affiliate.

18         (3)  All applications for renewal of registration shall

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

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

21  filed, the commission shall notify by certified mail any

22  employee organization that failed to file by the June 30

23  deadline advising that the application is overdue and that the

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

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

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

27  organization. The commission shall determine the amount of

28  fine due based upon the earliest of the following:

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

30  commission;

31         (b)  When the application is postmarked;


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                                       CS/HB 1129, First Engrossed



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

  2  by certified mail; or

  3         (d)  When the receipt for an established courier

  4  company is dated, if sent by courier.

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  6  If the overdue application is not received within 60 days

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

  8  organization, any application for renewal received after the

  9  60-day period shall be denied. If the application for renewal

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

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

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

13  moneys collected under this subsection shall be deposited in

14  the Public Employees Relations Commission Trust Fund.

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

16  registration, the commission shall examine the application

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

18  employee organization by certified mail that the application

19  is complete or that additional information is necessary. If

20  the employee organization fails to provide the additional

21  information within 20 days after the date notice is received

22  by the employee organization, the organization shall be

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

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

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

26  to provide the additional information. The commission shall

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

28  the following:

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

30  commission;

31         (b)  When the application is postmarked;


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                                       CS/HB 1129, First Engrossed



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

  2  by certified mail; or

  3         (d)  When the receipt for an established courier

  4  company is dated, if sent by a courier.

  5

  6  If the employee organization fails to provide the additional

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

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

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

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

11  moneys collected under this subsection shall be deposited in

12  the Public Employees Relations Commission Trust Fund.

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

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

15  unusual circumstances surrounding the failure to file the

16  application by June 30 or the failure to provide additional

17  information to the commission. The employee organization may

18  request and shall be entitled to a hearing before the

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

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

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

22         (6)(3)  A registration fee shall accompany each

23  application filed with the commission. The amount charged for

24  an application for registration or renewal of registration

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

26  commission shall be deposited in the Public Employees

27  Relations Commission Trust General Revenue Fund.

28         (7)(4)  Notification of registrations and renewals of

29  registration shall be furnished at regular intervals by the

30  commission to the Department of Labor and Employment Security.

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                                       CS/HB 1129, First Engrossed



  1         (8)(5)  Every employee organization shall keep accurate

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

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

  4  the organization or by the commission.

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

  6  records required under this section and shall make such

  7  records available for public inspection. However, the

  8  commission shall not release to the public any personally

  9  identifying information required to be filed under paragraph

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

11  who is a sworn law enforcement officer or a correctional

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

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

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