Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS/CS/SB 256, 1st Eng. Ì436266;Î436266 LEGISLATIVE ACTION Senate . House . . . Floor: 2/F/3R . 03/29/2023 04:01 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Pizzo moved the following: 1 Senate Substitute for Amendment (690590) (with title 2 amendment) 3 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) AnAnyemployee organization thatwhichhas 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 hasshall47havethe 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 56shall bea proper subject of collective bargaining. 57 (c) Such right to deduction, unless revoked underpursuant58tos. 447.507, isshall bein 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 116report,signed by the employee organization’sitspresident 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). 198 199 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. 209 210 ================= 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,