Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1014
       
       
       
       
       
       
                                Ì565898rÎ565898                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2021           .                                
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       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  paying dues paying membership 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         1012.8552Collective 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         1012.916Collective 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.