Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 256, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Pizzo moved the following:
    1         Senate Substitute for Amendment (690590) (with title
    2  amendment)
    4         Delete lines 120 - 299
    5  and insert:
    6  943.10(1), (2), or (3), respectively; firefighters as defined in
    7  s. 633.102; or emergency medical technicians as defined in s.
    8  401.23.
    9         7.The commission may adopt rules to implement this
   10  paragraph.
   11         Section 2. Subsection (12) is added to section 447.207,
   12  Florida Statutes, to read:
   13         447.207 Commission; powers and duties.—
   14         (12) Upon a petition by a public employer after it has been
   15  notified by the Department of Labor that the public employer’s
   16  protective arrangement covering mass transit employees does not
   17  meet the requirements of 49 U.S.C. s. 5333(b) and would
   18  jeopardize the employer’s continued eligibility to receive
   19  Federal Transit Administration funding, the commission may
   20  waive, to the extent necessary for the public employer to comply
   21  with the requirements of 49 U.S.C. s. 5333(b), any of the
   22  following for an employee organization that has been certified
   23  as a bargaining agent to represent mass transit employees:
   24         (a) The prohibition on dues and assessment deductions
   25  provided in s. 447.303(1).
   26         (b) The requirement to petition the commission for
   27  recertification.
   28         (c) The revocation of certification provided in s.
   29  447.305(6) and (7).
   30         Section 3. Effective July 1, 2023, section 447.303, Florida
   31  Statutes, is amended to read:
   32         447.303 Dues; deduction and collection.—
   33         (1) Except as authorized in subsection (2) or subject to a
   34  waiver granted pursuant to s. 447.207(12)(a), an employee
   35  organization that has been certified as a bargaining agent may
   36  not have its dues and uniform assessments deducted and collected
   37  by the employer from the salaries of those employees in the
   38  unit. A public employee may pay dues and uniform assessments
   39  directly to the employee organization that has been certified as
   40  the bargaining agent.
   41         (2)(a) An Any employee organization that which has been
   42  certified as a bargaining agent to represent law enforcement
   43  officers, correctional officers, or correctional probation
   44  officers as those terms are defined in s. 943.10(1), (2), or
   45  (3), respectively; firefighters as defined in s. 633.102; or
   46  emergency medical technicians as defined in s. 401.23 has shall
   47  have the right to have its dues and uniform assessments deducted
   48  and collected by the employer from the salaries of those
   49  employees who authorize the deduction and collection of said
   50  dues and uniform assessments. However, such authorization is
   51  revocable at the employee’s request upon 30 days’ written notice
   52  to the employer and employee organization. Said deductions shall
   53  commence upon the bargaining agent’s written request to the
   54  employer.
   55         (b) Reasonable costs to the employer of said deductions is
   56  shall be a proper subject of collective bargaining.
   57         (c) Such right to deduction, unless revoked under pursuant
   58  to s. 447.507, is shall be in force for so long as the employee
   59  organization remains the certified bargaining agent for the
   60  employees in the unit.
   61         (3) The public employer is expressly prohibited from any
   62  involvement in the collection of fines, penalties, or special
   63  assessments.
   64         Section 4. Effective October 1, 2023, section 447.305,
   65  Florida Statutes, is amended to read:
   66         447.305 Registration of employee organization.—
   67         (1) Every employee organization seeking to become a
   68  certified bargaining agent for public employees shall register
   69  with the commission pursuant to the procedures set forth in s.
   70  120.60 prior to requesting recognition by a public employer for
   71  purposes of collective bargaining and prior to submitting a
   72  petition to the commission requesting certification as an
   73  exclusive bargaining agent. Further, if such employee
   74  organization is not registered, it may not participate in a
   75  representation hearing, participate in a representation
   76  election, or be certified as an exclusive bargaining agent. The
   77  application for registration required by this section shall be
   78  under oath and in such form as the commission may prescribe and
   79  shall include:
   80         (a) The name and address of the organization and of any
   81  parent organization or organization with which it is affiliated.
   82         (b) The names and addresses of the principal officers and
   83  all representatives of the organization.
   84         (c) The amount of the initiation fee and of the monthly
   85  dues which members must pay.
   86         (d) The current annual audited financial statement of the
   87  organization.
   88         (e) The name of its business agent, if any; if different
   89  from the business agent, the name of its local agent for service
   90  of process; and the addresses where such person or persons can
   91  be reached.
   92         (f) A pledge, in a form prescribed by the commission, that
   93  the employee organization will conform to the laws of the state
   94  and that it will accept members without regard to age, race,
   95  sex, religion, or national origin.
   96         (g) A copy of the current constitution and bylaws of the
   97  employee organization.
   98         (h) A copy of the current constitution and bylaws of the
   99  state and national groups with which the employee organization
  100  is affiliated or associated. In lieu of this provision, and upon
  101  adoption of a rule by the commission, a state or national
  102  affiliate or parent organization of any registering labor
  103  organization may annually submit a copy of its current
  104  constitution and bylaws.
  105         (2) A registration granted to an employee organization
  106  pursuant to the provisions of this section shall run for 1 year
  107  from the date of issuance. A registration shall be renewed
  108  annually by filing application for renewal under oath with the
  109  commission, which application shall reflect any changes in the
  110  information provided to the commission in conjunction with the
  111  employee organization’s preceding application for registration
  112  or previous renewal, whichever is applicable. Each application
  113  for renewal of registration shall include a current annual
  114  audited financial statement, certified by an independent
  115  certified public accountant licensed under chapter 473 and
  116  report, signed by the employee organization’s its president and
  117  treasurer or corresponding principal officers, containing the
  118  following information in such detail as may be necessary
  119  accurately to disclose its financial condition and operations
  120  for its preceding fiscal year and in such categories as the
  121  commission may prescribe:
  122         (a) Assets and liabilities at the beginning and end of the
  123  fiscal year;
  124         (b) Receipts of any kind and the sources thereof;
  125         (c) Salary, allowances, and other direct or indirect
  126  disbursements, including reimbursed expenses, to each officer
  127  and also to each employee who, during such fiscal year, received
  128  more than $10,000 in the aggregate from such employee
  129  organization and any other employee organization affiliated with
  130  it or with which it is affiliated or which is affiliated with
  131  the same national or international employee organization;
  132         (d) Direct and indirect loans made to any officer,
  133  employee, or member which aggregated more than $250 during the
  134  fiscal year, together with a statement of the purpose, security,
  135  if any, and arrangements for repayment; and
  136         (e) Direct and indirect loans to any business enterprise,
  137  together with a statement of the purpose, security, if any, and
  138  arrangements for repayment.
  139         (3)In addition to subsection (2), an employee organization
  140  that has been certified as the bargaining agent for public
  141  employees must include for each such certified bargaining unit
  142  the following information and documentation as of the 30th day
  143  immediately preceding the date of renewal in its application for
  144  any renewal of registration on or after October 1, 2023:
  145         (a)The number of employees in the bargaining unit who are
  146  eligible for representation by the employee organization.
  147         (b)The number of employees in the bargaining unit who have
  148  submitted signed membership authorization forms without a
  149  subsequent revocation of such membership.
  150         (c) The number of employees in the bargaining unit who paid
  151  dues to the employee organization.
  152         (d) The number of employees in the bargaining unit who did
  153  not pay dues to the employee organization.
  154         (e)Documentation provided by an independent certified
  155  public accountant retained by the employee organization which
  156  verifies the information provided in paragraphs (a)-(d).
  157         (4) The employee organization must provide a copy of its
  158  application for renewal of registration relating to a public
  159  employer’s employees to the public employer on the same day the
  160  application is submitted to the commission.
  161         (5)An application for renewal of registration is
  162  incomplete and is not eligible for consideration by the
  163  commission if it does not include all of the information and
  164  documentation required in subsection (3). The commission shall
  165  notify the employee organization if the application is
  166  incomplete. An incomplete application must be dismissed if the
  167  required information and documentation are not provided within
  168  10 days after the employee organization receives such notice.
  169         (6)Notwithstanding the provisions of this chapter relating
  170  to collective bargaining, an employee organization that had less
  171  than 60 percent of the employees eligible for representation in
  172  the bargaining unit pay dues during its last registration period
  173  must petition the commission pursuant to s. 447.307(2) and (3)
  174  for recertification as the exclusive representative of all
  175  employees in the bargaining unit within 1 month after the date
  176  on which the employee organization applies for renewal of
  177  registration pursuant to subsection (2). The certification of an
  178  employee organization that does not comply with this section is
  179  revoked.
  180         (7)The public employer or a bargaining unit employee may
  181  challenge an employee organization’s application for renewal of
  182  registration if the public employer or bargaining unit employee
  183  believes that the application is inaccurate. The commission or
  184  one of its designated agents shall review the application to
  185  determine its accuracy and compliance with this section. If the
  186  commission finds that the application is inaccurate or does not
  187  comply with this section, the commission shall revoke the
  188  registration and certification of the employee organization.
  189         (8) The commission may conduct an investigation to confirm
  190  the validity of any information submitted pursuant to this
  191  section. The commission may revoke or deny an employee
  192  organization’s registration or certification if it finds that
  193  the employee organization:
  194         (a)Failed to cooperate with the investigation conducted
  195  pursuant to this subsection; or
  196         (b)Intentionally misrepresented the information it
  197  submitted pursuant to subsection (3).
  199  A decision issued by the commission pursuant to this subsection
  200  is a final agency action that is reviewable pursuant to s.
  201  447.504.
  202         (9)Subsections (3)-(8) do not apply to an employee
  203  organization that has been certified as the bargaining agent to
  204  represent law enforcement officers, correctional officers, or
  205  correctional probation officers as those terms are defined in s.
  206  943.10(1), (2), or (3), respectively; firefighters as defined in
  207  s. 633.102; or emergency medical technicians as defined in s.
  208  401.23.
  210  ================= T I T L E  A M E N D M E N T ================
  211  And the title is amended as follows:
  212         Delete line 22
  213  and insert:
  214         the commission to adopt rules; amending s. 447.207,
  215         F.S.; authorizing the commission to waive certain
  216         provisions for specified employee organizations under
  217         certain circumstances; amending s. 447.303,