Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1014
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Rules (Baxley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 447.301, Florida
    6  Statutes, is amended to read:
    7         447.301 Public employees’ rights; organization and
    8  representation.—
    9         (1)(a) Public employees shall have the right to form, join,
   10  and participate in, or to refrain from forming, joining, or
   11  participating in, any employee organization of their own
   12  choosing.
   13         (b)1.An employee who desires to join an employee
   14  organization must sign a membership authorization form with the
   15  bargaining agent. The membership authorization form must contain
   16  the following acknowledgment in bold letters and in at least a
   17  14-point type:
   18  
   19         I acknowledge and understand that Florida is a right
   20         to-work state and that union membership is not
   21         required as a condition of employment. I understand
   22         that union membership and payment of union dues and
   23         assessments is voluntary and that I may not be
   24         discriminated against in any manner if I refuse to
   25         join or financially support a union.
   26  
   27         2.An employee organization must revoke an employee’s
   28  membership upon receipt of his or her written request for
   29  revocation. If an employee must complete a form to request
   30  revocation of membership from the employee organization, the
   31  form may not require a reason for the employee’s decision to
   32  revoke his or her membership.
   33         3. This paragraph does not apply to members of bargaining
   34  units that represent law enforcement officers, correctional
   35  officers, or correctional probation officers as those terms are
   36  defined in s. 943.10 or firefighters as defined in s. 633.102.
   37         Section 2. Section 447.303, Florida Statutes, is amended to
   38  read:
   39         447.303 Dues; deduction and collection.—
   40         (1) Except as authorized in subsection (2), an employee
   41  organization that has been certified as a bargaining agent may
   42  not have its dues and uniform assessments deducted by the
   43  employer from the salaries of those employees in the unit.
   44  Public employees may pay their dues and uniform assessments
   45  directly to the employee organization that has been certified as
   46  their bargaining agent.
   47         (2)(a)An Any employee organization that which has been
   48  certified as a bargaining agent to represent law enforcement
   49  officers, correctional officers, or correctional probation
   50  officers as those terms are defined in s. 943.10 or firefighters
   51  as defined in s. 633.102 has shall have the right to have its
   52  dues and uniform assessments deducted and collected by the
   53  employer from the salaries of those employees who authorize the
   54  deduction of said dues and uniform assessments. However, such
   55  authorization is revocable at the employee’s request upon 30
   56  days’ written notice to the employer and employee organization.
   57  Said deductions shall commence upon the bargaining agent’s
   58  written request to the employer.
   59         (b) Reasonable costs to the employer of said deductions is
   60  shall be a proper subject of collective bargaining.
   61         (c) Such right to deduction, unless revoked under pursuant
   62  to s. 447.507, is shall be in force for so long as the employee
   63  organization remains the certified bargaining agent for the
   64  employees in the unit.
   65         (3) The public employer is expressly prohibited from any
   66  involvement in the collection of fines, penalties, or special
   67  assessments.
   68         Section 3. Section 447.305, Florida Statutes, is amended to
   69  read:
   70         447.305 Registration of employee organization.—
   71         (1) Every employee organization seeking to become a
   72  certified bargaining agent for public employees shall register
   73  with the commission pursuant to the procedures set forth in s.
   74  120.60 prior to requesting recognition by a public employer for
   75  purposes of collective bargaining and prior to submitting a
   76  petition to the commission requesting certification as an
   77  exclusive bargaining agent. Further, if such employee
   78  organization is not registered, it may not participate in a
   79  representation hearing, participate in a representation
   80  election, or be certified as an exclusive bargaining agent. The
   81  application for registration required by this section shall be
   82  under oath and in such form as the commission may prescribe and
   83  shall include:
   84         (a) The name and address of the organization and of any
   85  parent organization or organization with which it is affiliated.
   86         (b) The names and addresses of the principal officers and
   87  all representatives of the organization.
   88         (c) The amount of the initiation fee and of the monthly
   89  dues which members must pay.
   90         (d) The current annual financial statement of the
   91  organization.
   92         (e) The name of its business agent, if any; if different
   93  from the business agent, the name of its local agent for service
   94  of process; and the addresses where such person or persons can
   95  be reached.
   96         (f) A pledge, in a form prescribed by the commission, that
   97  the employee organization will conform to the laws of the state
   98  and that it will accept members without regard to age, race,
   99  sex, religion, or national origin.
  100         (g) A copy of the current constitution and bylaws of the
  101  employee organization.
  102         (h) A copy of the current constitution and bylaws of the
  103  state and national groups with which the employee organization
  104  is affiliated or associated. In lieu of this provision, and upon
  105  adoption of a rule by the commission, a state or national
  106  affiliate or parent organization of any registering labor
  107  organization may annually submit a copy of its current
  108  constitution and bylaws.
  109         (2) A registration granted to an employee organization
  110  pursuant to the provisions of this section shall run for 1 year
  111  from the date of issuance. A registration shall be renewed
  112  annually by filing application for renewal under oath with the
  113  commission, which application shall reflect any changes in the
  114  information provided to the commission in conjunction with the
  115  employee organization’s preceding application for registration
  116  or previous renewal, whichever is applicable. Each application
  117  for renewal of registration shall include a current annual
  118  financial report, signed by its president and treasurer or
  119  corresponding principal officers, containing the following
  120  information in such detail as may be necessary accurately to
  121  disclose its financial condition and operations for its
  122  preceding fiscal year and in such categories as the commission
  123  may prescribe:
  124         (a) Assets and liabilities at the beginning and end of the
  125  fiscal year;
  126         (b) Receipts of any kind and the sources thereof;
  127         (c) Salary, allowances, and other direct or indirect
  128  disbursements, including reimbursed expenses, to each officer
  129  and also to each employee who, during such fiscal year, received
  130  more than $10,000 in the aggregate from such employee
  131  organization and any other employee organization affiliated with
  132  it or with which it is affiliated or which is affiliated with
  133  the same national or international employee organization;
  134         (d) Direct and indirect loans made to any officer,
  135  employee, or member which aggregated more than $250 during the
  136  fiscal year, together with a statement of the purpose, security,
  137  if any, and arrangements for repayment; and
  138         (e) Direct and indirect loans to any business enterprise,
  139  together with a statement of the purpose, security, if any, and
  140  arrangements for repayment.
  141         (3)In addition to subsection (2), an employee organization
  142  that has been certified as the bargaining agent for public
  143  employees must include for each such certified bargaining unit
  144  the following information and documentation in its application
  145  for renewal of registration:
  146         (a)The number of employees in the bargaining unit who are
  147  eligible for representation by the employee organization as of
  148  December 31 of that renewal period.
  149         (b)The number of employees who are represented by the
  150  employee organization as of December 31 of that renewal period,
  151  specifying the number of members who pay dues and the number of
  152  members who do not pay dues.
  153         (c)Documentation provided by the public employer verifying
  154  the information provided in paragraphs (a) and (b).
  155         (d)Documentation provided by the public employer verifying
  156  that it was provided a copy of the employee organization’s
  157  application for renewal of registration.
  158         (4)An application for renewal of registration is
  159  incomplete and is not eligible for consideration by the
  160  commission if it does not include all of the information and
  161  documentation required in subsection (3). The commission shall
  162  notify the employee organization if the application is
  163  incomplete. An incomplete application must be dismissed if the
  164  required information and documentation are not provided within
  165  10 days after the employee organization receives such notice.
  166         (5)Notwithstanding the provisions of chapter 447 relating
  167  to collective bargaining, an employee organization whose dues
  168  paying membership is less than 50 percent of the employees
  169  eligible for representation in the bargaining unit must petition
  170  the commission pursuant to s. 447.307(2) and (3) for
  171  recertification as the exclusive representative of all employees
  172  in the bargaining unit within 1 month after the date on which
  173  the employee organization applies for renewal of registration
  174  pursuant to subsection (2). The certification of an employee
  175  organization that does not comply with this section is revoked.
  176         (6)The public employer or a bargaining unit employee may
  177  challenge an employee organization’s application for renewal of
  178  registration if the public employer or employee believes that
  179  the application is inaccurate. The commission or one of its
  180  designated agents shall review the application to determine its
  181  accuracy and compliance with this section. If the commission
  182  finds that the application is inaccurate or does not comply with
  183  this section, the commission shall revoke the registration and
  184  certification of the employee organization.
  185         (7) Subsections (3) through (6) do not apply to an employee
  186  organization that has been certified as the bargaining agent
  187  representing law enforcement officers, correctional officers, or
  188  correctional probation officers as those terms are defined in s.
  189  943.10 or firefighters as defined in s. 633.102.
  190         (8)(3) A registration fee shall accompany each application
  191  filed with the commission. The amount charged for an application
  192  for registration or renewal of registration shall not exceed
  193  $15. All such money collected by the commission shall be
  194  deposited in the General Revenue Fund.
  195         (9)(4) Every employee organization shall keep accurate
  196  accounts of its income and expenses, which accounts shall be
  197  open for inspection at all reasonable times by any member of the
  198  organization or by the commission.
  199         Section 4. Paragraph (c) of subsection (4) of section
  200  1012.2315, Florida Statutes, is amended to read:
  201         1012.2315 Assignment of teachers.—
  202         (4) COLLECTIVE BARGAINING.—
  203         (c)1.In addition to the provisions under s. 447.305(2), an
  204  employee organization that has been certified as the bargaining
  205  agent for a unit of instructional personnel as defined in s.
  206  1012.01(2) must include for each such certified bargaining unit
  207  the following information in its application for renewal of
  208  registration:
  209         a.The number of employees in the bargaining unit who are
  210  eligible for representation by the employee organization.
  211         b.The number of employees who are represented by the
  212  employee organization, specifying the number of members who pay
  213  dues and the number of members who do not pay dues.
  214         2.Notwithstanding the provisions of chapter 447 relating
  215  to collective bargaining, an employee organization whose dues
  216  paying membership is less than 50 percent of the employees
  217  eligible for representation in the unit, as identified in
  218  subparagraph 1., must petition the Public Employees Relations
  219  Commission pursuant to s. 447.307(2) and (3) for recertification
  220  as the exclusive representative of all employees in the unit
  221  within 1 month after the date on which the organization applies
  222  for renewal of registration pursuant to s. 447.305(2). The
  223  certification of an employee organization that does not comply
  224  with this paragraph is revoked.
  225         Section 5. For the purpose of incorporating the amendment
  226  made by this act to section 447.303, Florida Statutes, in a
  227  reference thereto, subsection (3) of section 110.114, Florida
  228  Statutes, is reenacted to read:
  229         110.114 Employee wage deductions.—
  230         (3) Notwithstanding the provisions of subsections (1) and
  231  (2), the deduction of an employee’s membership dues deductions
  232  as defined in s. 447.203(15) for an employee organization as
  233  defined in s. 447.203(11) shall be authorized or permitted only
  234  for an organization that has been certified as the exclusive
  235  bargaining agent pursuant to chapter 447 for a unit of state
  236  employees in which the employee is included. Such deductions
  237  shall be subject to the provisions of s. 447.303.
  238         Section 6. This act shall take effect July 1, 2021.
  239  
  240  ================= T I T L E  A M E N D M E N T ================
  241  And the title is amended as follows:
  242         Delete everything before the enacting clause
  243  and insert:
  244                        A bill to be entitled                      
  245         An act relating to employee organizations; amending s.
  246         447.301, F.S.; requiring that a public employee who
  247         desires to join an employee organization sign a
  248         membership authorization form; requiring that the form
  249         include a specified acknowledgement; requiring an
  250         employee organization to revoke an employee's
  251         membership upon receipt of the employee's request for
  252         revocation; providing that a revocation form may not
  253         require an employee to state a reason for the
  254         revocation; providing nonapplicability with respect to
  255         employee organizations that represent certain
  256         employees; amending s. 447.303, F.S.; prohibiting an
  257         employee organization from having its dues and uniform
  258         assessments deducted and collected by an employer;
  259         allowing public employees to pay their dues and
  260         uniform assessments directly to the employee
  261         organization; providing that an employee organization
  262         that represents certain employees has the right to
  263         have its dues and uniform assessments deducted and
  264         collected by the employer; amending s. 447.305, F.S.;
  265         revising the information and documentation required to
  266         be included in an application for renewal of
  267         registration of an employee organization; providing
  268         that an application for renewal is incomplete and is
  269         not eligible for consideration by the Public Employees
  270         Relations Commission in certain instances; requiring
  271         the commission to notify an employee organization if
  272         its application is incomplete; providing that an
  273         incomplete application must be dismissed in certain
  274         instances; requiring certain employee organizations to
  275         recertify as bargaining agents; allowing an employer
  276         or a bargaining unit employee to challenge an employee
  277         organization's application for renewal of
  278         registration; requiring the commission or its
  279         designated agent to review the application; requiring
  280         the commission to revoke the registration and
  281         certification in certain instances; providing for
  282         nonapplicability with respect to employee
  283         organizations that represent certain employees;
  284         amending s. 1012.2315, F.S.; removing duplicative
  285         provisions; reenacting s. 110.114(3), F.S., relating
  286         to employee wage deductions, to incorporate the
  287         amendment made to s. 447.303, F.S., in a reference
  288         thereto; providing an effective date.