Florida Senate - 2021 SB 1014 By Senator Baxley 12-00705A-21 20211014__ 1 A bill to be entitled 2 An act relating to employee organizations; amending s. 3 1012.2315, F.S.; requiring employee organizations that 4 have been certified as the bargaining agent for 5 educational support employees to include specified 6 information in applications for renewal of 7 registration; revising the information that employee 8 organizations certified as the bargaining agent for a 9 unit of instructional personnel or educational support 10 employees must report in applications for renewal of 11 registration; requiring that an employee organization 12 whose full dues-paying membership as of a specified 13 date is less than 50 percent of eligible employees to 14 petition the Public Employees Relations Commission for 15 recertification; authorizing the commission to conduct 16 an investigation to confirm the validity of certain 17 information; requiring the commission to adopt rules; 18 requiring instructional personnel and educational 19 support employees who are represented by an employee 20 organization and have union dues and uniform 21 assessments deducted from their salary to submit a 22 specified form to school districts by a certain date 23 and biennially thereafter; requiring instructional 24 personnel and educational support employees who first 25 request to have union dues and uniform assessments 26 deducted from their salary after a certain date to 27 submit a specified form to school districts within a 28 specified timeframe and biennially thereafter; 29 providing acknowledgment language for such form; 30 prohibiting district school boards from deducting 31 union dues or uniform assessments from the salaries of 32 instructional personnel or educational support 33 employees who fail to timely submit the form; 34 requiring school districts to confirm directly with a 35 form signatory that he or she has authorized 36 deductions for union dues and uniform assessments from 37 his or her salary and to wait for confirmation before 38 making any deduction; requiring school districts, 39 subject to certain rules, to adopt policies; providing 40 an effective date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1. Paragraph (c) of subsection (4) of section 45 1012.2315, Florida Statutes, is amended, and paragraph (d) is 46 added to that subsection, to read: 47 1012.2315 Assignment of teachers.— 48 (4) COLLECTIVE BARGAINING.— 49 (c)1. In addition to the provisions under s. 447.305(2), an 50 employee organization that has been certified as the bargaining 51 agent for a unit of instructional personnel as defined in s. 52 1012.01(2) or educational support employees as defined in s. 53 1012.01(6) must include for each such certified bargaining unit 54 the following information in its application for renewal of 55 registration: 56 a. The number of employees in the bargaining unit who are 57 eligible for representation by the employee organization as of 58 December 31 of that renewal period. 59 b. The number of employees who are represented by the 60 employee organization as of December 31 of that renewal period, 61 specifying the number of members who pay full dues and the 62 number of members who do not pay full dues. 63 2. Notwithstanding the provisions of chapter 447 relating 64 to collective bargaining, an employee organization whose full 65 dues-payingdues payingmembership as of December 31 of that 66 renewal period is less than 50 percent of the employees eligible 67 for representation in the unit, as identified in subparagraph 68 1., must petition the Public Employees Relations Commission 69 pursuant to s. 447.307(2) and (3) for recertification as the 70 exclusive representative of all employees in the unit within 1 71 month after the date on which the organization applies for 72 renewal of registration pursuant to s. 447.305(2). The 73 certification of an employee organization that does not comply 74 with this paragraph is revoked. 75 3. The commission may conduct an investigation to confirm 76 the validity of any information submitted pursuant to this 77 paragraph. 78 4. The commission shall adopt rules to carry out the 79 provisions of this paragraph. 80 (d)1. By August 1, 2021, and on a biennial basis 81 thereafter, instructional personnel and educational support 82 employees who are represented by an employee organization and 83 have union dues and uniform assessments deducted from their 84 salary must sign and submit a form to the school district 85 acknowledging that Florida is a right-to-work state. 86 Instructional personnel and educational support employees 87 represented by an employee organization who first request to 88 have union dues and uniform assessments deducted from their 89 salaries after August 1, 2021, must sign and submit the form to 90 the school district within 30 days after making such request and 91 on a biennial basis thereafter. The form must contain the 92 following acknowledgment in at least 14-point boldfaced type: 93 94 I ACKNOWLEDGE AND UNDERSTAND THAT FLORIDA IS A RIGHT-TO-WORK 95 STATE AND UNION MEMBERSHIP IS NOT REQUIRED AS A CONDITION OF 96 EMPLOYMENT. I UNDERSTAND THAT UNION MEMBERSHIP AND PAYMENT OF 97 UNION DUES AND UNIFORM ASSESSMENTS ARE VOLUNTARY AND THAT I MAY 98 NOT BE DISCRIMINATED AGAINST IN ANY MANNER IF I REFUSE TO JOIN 99 OR FINANCIALLY SUPPORT A UNION. 100 101 2. A district school board may not deduct any union dues or 102 uniform assessments from the salary of any instructional 103 personnel or educational support employees who are represented 104 by an employee organization and who have not timely signed and 105 submitted a form pursuant to this paragraph. 106 3. A school district shall confirm directly with a 107 signatory of the form required by this paragraph that he or she 108 has authorized deductions for union dues or uniform assessments 109 from his or her salary and shall wait for confirmation before 110 making any deduction. 111 4. Subject to the rules of the State Board of Education, 112 each school district shall adopt policies to carry out this 113 paragraph. 114 Section 2. This act shall take effect July 1, 2021.