Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 1014 Ì565898rÎ565898 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/17/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Baxley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (c) of subsection (4) of section 6 1012.2315, Florida Statutes, is amended, and paragraphs (d) and 7 (e) are added to that subsection, to read: 8 1012.2315 Assignment of teachers.— 9 (4) COLLECTIVE BARGAINING.— 10 (c)1. In addition to the provisions under s. 447.305(2), an 11 employee organization that has been certified as the bargaining 12 agent for a unit of instructional personnel as defined in s. 13 1012.01(2) must include for each such certified bargaining unit 14 the following information in its application for renewal of 15 registration: 16 a. The number of employees in the bargaining unit who are 17 eligible for representation by the employee organization as of 18 December 31 of that renewal period. 19 b. The number of employees who are represented by the 20 employee organization as of December 31 of that renewal period, 21 specifying the number of members who pay dues and the number of 22 members who do not pay dues. 23 2. Notwithstanding the provisions of chapter 447 relating 24 to collective bargaining, an employee organization whose dues 25 payingdues payingmembership as of December 31 of that renewal 26 period is less than 50 percent of the employees eligible for 27 representation in the unit, as identified in subparagraph 1., 28 must petition the Public Employees Relations Commission pursuant 29 to s. 447.307(2) and (3) for recertification as the exclusive 30 representative of all employees in the unit within 1 month after 31 the date on which the organization applies for renewal of 32 registration pursuant to s. 447.305(2). The certification of an 33 employee organization that does not comply with this paragraph 34 is revoked. 35 3. The commission may conduct an investigation to confirm 36 the validity of any information submitted pursuant to this 37 paragraph. 38 a. If the commission has reason to believe a registered 39 employee organization has reported inaccurate figures pursuant 40 to this paragraph, it can require the employee organization to 41 submit its membership roll in order to verify the accuracy of 42 the reported figures. If the employee organization fails to 43 submit its membership roll within 30 days of receiving a written 44 request from the commission, the employee organization’s 45 certification will be revoked. 46 b. If a registered employee organization does not submit or 47 intentionally misstates the information required in this 48 paragraph for a certified bargaining unit it represents, the 49 employee organization’s certification for that unit will be 50 revoked. 51 4. The commission shall adopt rules to carry out this 52 paragraph. 53 (d) Notwithstanding the provisions of s. 447.303 relating 54 to dues deduction and collection, an employee organization that 55 has been certified as the bargaining agent for instructional 56 personnel may not have its dues and uniform assessments deducted 57 and collected by a district school board from the salaries of 58 instructional personnel. Instructional personnel who are 59 represented by an employee organization must pay their dues and 60 uniform assessments directly to the employee organization that 61 has been certified as their bargaining agent. 62 (e) Beginning August 1, 2021, and each August 1 thereafter, 63 before the employee organization can collect dues or uniform 64 assessments from any instructional personnel for the upcoming 65 school year, the employee must sign and submit a form to the 66 employee organization acknowledging Florida is a right-to-work 67 state. The form must contain the following acknowledgement in 68 bold letters and in at least 14-point type: 69 70 I acknowledge and understand that Florida is a right-to-work 71 state and that union membership is not required as a condition 72 of employment. I understand that union membership and payment of 73 union dues and uniform assessments is voluntary and that I may 74 not be discriminated against in any manner if I refuse to join 75 or financially support a union. 76 Section 2. Section 1012.8552, Florida Statutes, is created 77 to read: 78 1012.8552 Collective bargaining.— 79 (1) In addition to s. 447.305(2), an employee organization 80 that has been certified as the bargaining agent for a unit of 81 instructional personnel employed by a Florida College System 82 institution must include for each such certified bargaining unit 83 the following information and documentation in its application 84 for renewal of registration: 85 (a) The number of employees in the bargaining unit who are 86 eligible for representation by the employee organization on the 87 date the application is filed. 88 (b) The number of employees who are represented by the 89 employee organization, specifying the number of members who pay 90 dues and the number of members who do not pay dues. 91 (c) Documentation provided by the institution verifying the 92 information provided in paragraphs (a) and (b). 93 (d) Documentation provided by the institution verifying 94 that it was provided a copy of the employee organization’s 95 application for renewal of registration. 96 (2) An application for renewal of registration is 97 incomplete and is not eligible for consideration by the Public 98 Employees Relations Commission if it does not include all of the 99 information and documentation required in subsection (1). The 100 commission shall notify the employee organization if the 101 application is incomplete. Any incomplete application must be 102 dismissed if the required information and documentation are not 103 provided within 10 days after the employee organization receives 104 such notice. 105 (3) Notwithstanding the provisions of chapter 447 relating 106 to collective bargaining, an employee organization whose dues 107 paying membership is less than 50 percent of the employees 108 eligible for representation in the bargaining unit must petition 109 the commission pursuant to s. 447.307(2) and (3) for 110 recertification as the exclusive representative of all employees 111 in the bargaining unit within 1 month after the date on which 112 the employee organization applies for renewal of registration 113 pursuant to s. 447.305(2). The certification of an employee 114 organization that does not comply with this section is revoked. 115 (4) A Florida College System institution may challenge an 116 employee organization’s application for renewal of registration 117 if the institution believes that the application is inaccurate. 118 The commission or one of its designated agents shall review the 119 application to determine its accuracy and compliance with this 120 section. If the commission finds that the application is 121 inaccurate or does not comply with this section, the commission 122 shall revoke the registration and certification of the employee 123 organization. 124 Section 3. Section 1012.916, Florida Statutes, is created 125 to read: 126 1012.916 Collective bargaining.— 127 (1) In addition to s. 447.305(2), an employee organization 128 that has been certified as the bargaining agent for a unit of 129 instructional personnel employed by a State University System 130 institution must include for each such certified bargaining unit 131 the following information and documentation in its application 132 for renewal of registration: 133 (a) The number of employees in the bargaining unit who are 134 eligible for representation by the employee organization on the 135 date the application is filed. 136 (b) The number of employees who are represented by the 137 employee organization, specifying the number of members who pay 138 dues and the number of members who do not pay dues. 139 (c) Documentation provided by the institution verifying the 140 information provided in paragraphs (a) and (b). 141 (d) Documentation provided by the institution verifying 142 that it was provided a copy of the employee organization’s 143 application for renewal of registration. 144 (2) An application for renewal of registration is 145 incomplete and is not eligible for consideration by the Public 146 Employees Relations Commission if it does not include all of the 147 information and documentation required in subsection (1). The 148 commission shall notify the employee organization if the 149 application is incomplete. Any incomplete application must be 150 dismissed if the required information and documentation are not 151 provided within 10 days after the employee organization receives 152 such notice. 153 (3) Notwithstanding the provisions of chapter 447 relating 154 to collective bargaining, an employee organization whose dues 155 paying membership is less than 50 percent of the employees 156 eligible for representation in the bargaining unit must petition 157 the commission pursuant to s. 447.307(2) and (3) for 158 recertification as the exclusive representative of all employees 159 in the bargaining unit within 1 month after the date on which 160 the employee organization applies for renewal of registration 161 pursuant to s. 447.305(2). The certification of an employee 162 organization that does not comply with this section is revoked. 163 (4) A State University System institution may challenge an 164 employee organization’s application for renewal of registration 165 if the institution believes that the application is inaccurate. 166 The commission or one of its designated agents shall review the 167 application to determine its accuracy and compliance with this 168 section. If the commission finds that the application is 169 inaccurate or does not comply with this section, the commission 170 shall revoke the registration and certification of the employee 171 organization. 172 Section 4. This act shall take effect July 1, 2021. 173 174 ================= T I T L E A M E N D M E N T ================ 175 And the title is amended as follows: 176 Delete everything before the enacting clause 177 and insert: 178 A bill to be entitled 179 An act relating to employee organizations; amending s. 180 1012.2315, F.S.; revising the information that 181 employee organizations that have been certified as the 182 bargaining agent for a unit of instructional personnel 183 must report in applications for renewal of 184 registration; requiring certain employee organizations 185 to petition the Public Employees Relations Commission 186 for recertification; authorizing the commission to 187 conduct an investigation to confirm the validity of 188 certain information; authorizing the commission to 189 require an employee organization to submit certain 190 information as part of such investigation; providing 191 for the revocation of an employee organization’s 192 certification if it fails to meet certain 193 requirements; requiring the commission to adopt rules; 194 prohibiting an employee organization from having its 195 dues and uniform assessments deducted and collected by 196 a district school board; requiring certain 197 instructional personnel to sign and submit a specified 198 form to the employee organization by a certain date 199 and annually thereafter before the employee 200 organization may collect dues or uniform assessments 201 for the upcoming school year; creating s. 1012.8552, 202 F.S.; requiring an employee organization certified as 203 the bargaining agent for a unit of Florida College 204 System institution instructional personnel to include 205 specified information and documentation in an 206 application for registration renewal; providing that 207 certain applications are incomplete; providing 208 procedures for incomplete applications; requiring 209 certain employee organizations to petition the 210 commission for recertification; authorizing a Florida 211 College System institution to challenge an employee 212 organization’s application; requiring the commission 213 to review a challenged application and revoke an 214 employee organization’s registration and certification 215 in certain circumstances; creating s. 1012.916, F.S.; 216 requiring an employee organization certified as the 217 bargaining agent for a unit of State University System 218 institution instructional personnel to include 219 specified information and documentation in an 220 application for registration renewal; providing that 221 certain applications are incomplete; providing 222 procedures for incomplete applications; requiring 223 certain employee organizations to petition the 224 commission for recertification; authorizing a State 225 University System institution to challenge an employee 226 organization’s application; requiring the commission 227 to review a challenged application and revoke an 228 employee organization’s registration and certification 229 in certain circumstances; providing an effective date.