Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 256
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Ingoglia moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 174 - 307
    4  and insert:
    5         (d) The current annual financial statement or the current
    6  audited annual financial statement, as applicable, of the
    7  organization.
    8         (e) The name of its business agent, if any; if different
    9  from the business agent, the name of its local agent for service
   10  of process; and the addresses where such person or persons can
   11  be reached.
   12         (f) A pledge, in a form prescribed by the commission, that
   13  the employee organization will conform to the laws of the state
   14  and that it will accept members without regard to age, race,
   15  sex, religion, or national origin.
   16         (g) A copy of the current constitution and bylaws of the
   17  employee organization.
   18         (h) A copy of the current constitution and bylaws of the
   19  state and national groups with which the employee organization
   20  is affiliated or associated. In lieu of this provision, and upon
   21  adoption of a rule by the commission, a state or national
   22  affiliate or parent organization of any registering labor
   23  organization may annually submit a copy of its current
   24  constitution and bylaws.
   25         (2) A registration granted to an employee organization
   26  pursuant to the provisions of this section shall run for 1 year
   27  from the date of issuance. A registration shall be renewed
   28  annually by filing application for renewal under oath with the
   29  commission, which application shall reflect any changes in the
   30  information provided to the commission in conjunction with the
   31  employee organization’s preceding application for registration
   32  or previous renewal, whichever is applicable. Each application
   33  for renewal of registration shall include a current annual
   34  financial statement. If the employee organization does not
   35  represent law enforcement officers, correctional officers, or
   36  correctional probation officers as those terms are defined in s.
   37  943.10(1), (2), or (3), respectively, or firefighters as defined
   38  in s. 633.102, the current annual financial statement submitted
   39  by the employee organization must be audited and certified by an
   40  independent certified public accountant licensed under chapter
   41  473. An annual financial statement submitted pursuant to this
   42  subsection must be report, signed by the employee organization’s
   43  its president and treasurer or corresponding principal officers
   44  and must contain, containing the following information in such
   45  detail as may be necessary accurately to disclose its financial
   46  condition and operations for its preceding fiscal year and in
   47  such categories as the commission may prescribe:
   48         (a) Assets and liabilities at the beginning and end of the
   49  fiscal year;
   50         (b) Receipts of any kind and the sources thereof;
   51         (c) Salary, allowances, and other direct or indirect
   52  disbursements, including reimbursed expenses, to each officer
   53  and also to each employee who, during such fiscal year, received
   54  more than $10,000 in the aggregate from such employee
   55  organization and any other employee organization affiliated with
   56  it or with which it is affiliated or which is affiliated with
   57  the same national or international employee organization;
   58         (d) Direct and indirect loans made to any officer,
   59  employee, or member which aggregated more than $250 during the
   60  fiscal year, together with a statement of the purpose, security,
   61  if any, and arrangements for repayment; and
   62         (e) Direct and indirect loans to any business enterprise,
   63  together with a statement of the purpose, security, if any, and
   64  arrangements for repayment.
   65         (3)In addition to subsection (2), an employee organization
   66  that has been certified as the bargaining agent for public
   67  employees must include for each such certified bargaining unit
   68  the following information and documentation as of the 30th day
   69  immediately preceding the date of renewal in its application for
   70  any renewal of registration on or after October 1, 2023:
   71         (a)The number of employees in the bargaining unit who are
   72  eligible for representation by the employee organization.
   73         (b)The number of employees in the bargaining unit who have
   74  submitted signed membership authorization forms without a
   75  subsequent revocation of such membership.
   76         (c) The number of employees in the bargaining unit who paid
   77  dues to the employee organization.
   78         (d) The number of employees in the bargaining unit who did
   79  not pay dues to the employee organization.
   80         (e)Documentation provided by an independent certified
   81  public accountant retained by the employee organization which
   82  verifies the information provided in paragraphs (a)-(d).
   83         (4) The employee organization must provide a copy of its
   84  application for renewal of registration relating to a public
   85  employer’s employees to the public employer on the same day the
   86  application is submitted to the commission.
   87         (5)An application for renewal of registration is
   88  incomplete and is not eligible for consideration by the
   89  commission if it does not include all of the information and
   90  documentation required in subsection (3). The commission shall
   91  notify the employee organization if the application is
   92  incomplete. An incomplete application must be dismissed if the
   93  required information and documentation are not provided within
   94  10 days after the employee organization receives such notice.
   95         (6)Notwithstanding the provisions of this chapter relating
   96  to collective bargaining, an employee organization that had less
   97  than 60 percent of the employees eligible for representation in
   98  the bargaining unit pay dues during its last registration period
   99  must petition the commission pursuant to s. 447.307(2) and (3)
  100  for recertification as the exclusive representative of all
  101  employees in the bargaining unit within 1 month after the date
  102  on which the employee organization applies for renewal of
  103  registration pursuant to subsection (2). The certification of an
  104  employee organization that does not comply with this section is
  105  revoked.
  106         (7)The public employer or a bargaining unit employee may
  107  challenge an employee organization’s application for renewal of
  108  registration if the public employer or bargaining unit employee
  109  believes that the application is inaccurate. The commission or
  110  one of its designated agents shall review the application to
  111  determine its accuracy and compliance with this section. If the
  112  commission finds that the application is inaccurate or does not
  113  comply with this section, the commission shall revoke the
  114  registration and certification of the employee organization.
  115         (8) The commission may conduct an investigation to confirm
  116  the validity of any information submitted pursuant to this
  117  section. The commission may revoke or deny an employee
  118  organization’s registration or certification if it finds that
  119  the employee organization:
  120         (a)Failed to cooperate with the investigation conducted
  121  pursuant to this subsection; or
  122         (b)Intentionally misrepresented the information it
  123  submitted pursuant to subsection (3).
  125  A decision issued by the commission pursuant to this subsection
  126  is a final agency action that is reviewable pursuant to s.
  127  447.504.
  128         (9)Subsections (3)-(8) do not apply to an employee
  129  organization that has been certified as the bargaining agent to
  130  represent law enforcement officers, correctional officers, or
  131  correctional probation officers as those terms are defined in s.
  132  943.10(1), (2), or (3), respectively, or firefighters as defined
  133  in s. 633.102.
  134         (10)(3) A registration fee shall accompany each application
  135  filed with the commission. The amount charged for an application
  136  for registration or renewal of registration shall not exceed
  137  $15. All such money collected by the commission shall be
  138  deposited in the General Revenue Fund.
  139         (11)(4) Every employee organization shall keep accurate
  140  accounts of its income and expenses, which accounts shall be
  141  open for inspection at all reasonable times by any member of the
  142  organization or by the commission. In addition, each employee
  143  organization that has been certified as a bargaining agent must
  144  provide to its members an annual financial report or, if the
  145  employee organization does not represent law enforcement
  146  officers, correctional officers, or correctional probation
  147  officers as those terms are defined in s. 943.10(1), (2), or
  148  (3), respectively, or firefighters as defined in s. 633.102, an
  149  audited annual financial report. Such financial reports must
  150  include a detailed breakdown of revenues and expenditures, and
  152  ================= T I T L E  A M E N D M E N T ================
  153  And the title is amended as follows:
  154         Delete lines 52 - 53
  155  and insert:
  156         organizations to provide its members with a specified
  157         report; requiring employee