Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS for CS for SB 256 Ì692892LÎ692892 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Berman moved the following: 1 Senate Amendment 2 3 Delete lines 116 - 295 4 and insert: 5 943.10(1), (2), or (3), respectively, firefighters as defined in 6 s. 633.102, or persons employed in any profession described in 7 s. 420.503(19), relating to essential services. 8 7. The commission may adopt rules to implement this 9 paragraph. 10 Section 2. Effective July 1, 2023, section 447.303, Florida 11 Statutes, is amended to read: 12 447.303 Dues; deduction and collection.— 13 (1) Except as authorized in subsection (2), an employee 14 organization that has been certified as a bargaining agent may 15 not have its dues and uniform assessments deducted and collected 16 by the employer from the salaries of those employees in the 17 unit. A public employee may pay dues and uniform assessments 18 directly to the employee organization that has been certified as 19 the bargaining agent. 20 (2)(a) An
Anyemployee organization that whichhas been 21 certified as a bargaining agent to represent law enforcement 22 officers, correctional officers, or correctional probation 23 officers as those terms are defined in s. 943.10(1), (2), or 24 (3), respectively, firefighters as defined in s. 633.102, or 25 persons employed in any profession described in s. 420.503(19), 26 relating to essential services, has shall havethe right to have 27 its dues and uniform assessments deducted and collected by the 28 employer from the salaries of those employees who authorize the 29 deduction and collection of said dues and uniform assessments. 30 However, such authorization is revocable at the employee’s 31 request upon 30 days’ written notice to the employer and 32 employee organization. Said deductions shall commence upon the 33 bargaining agent’s written request to the employer. 34 (b) Reasonable costs to the employer of said deductions is 35 shall bea proper subject of collective bargaining. 36 (c) Such right to deduction, unless revoked under pursuant37 tos. 447.507, is shall bein force for so long as the employee 38 organization remains the certified bargaining agent for the 39 employees in the unit. 40 (3) The public employer is expressly prohibited from any 41 involvement in the collection of fines, penalties, or special 42 assessments. 43 Section 3. Effective October 1, 2023, section 447.305, 44 Florida Statutes, is amended to read: 45 447.305 Registration of employee organization.— 46 (1) Every employee organization seeking to become a 47 certified bargaining agent for public employees shall register 48 with the commission pursuant to the procedures set forth in s. 49 120.60 prior to requesting recognition by a public employer for 50 purposes of collective bargaining and prior to submitting a 51 petition to the commission requesting certification as an 52 exclusive bargaining agent. Further, if such employee 53 organization is not registered, it may not participate in a 54 representation hearing, participate in a representation 55 election, or be certified as an exclusive bargaining agent. The 56 application for registration required by this section shall be 57 under oath and in such form as the commission may prescribe and 58 shall include: 59 (a) The name and address of the organization and of any 60 parent organization or organization with which it is affiliated. 61 (b) The names and addresses of the principal officers and 62 all representatives of the organization. 63 (c) The amount of the initiation fee and of the monthly 64 dues which members must pay. 65 (d) The current annual audited financial statement of the 66 organization. 67 (e) The name of its business agent, if any; if different 68 from the business agent, the name of its local agent for service 69 of process; and the addresses where such person or persons can 70 be reached. 71 (f) A pledge, in a form prescribed by the commission, that 72 the employee organization will conform to the laws of the state 73 and that it will accept members without regard to age, race, 74 sex, religion, or national origin. 75 (g) A copy of the current constitution and bylaws of the 76 employee organization. 77 (h) A copy of the current constitution and bylaws of the 78 state and national groups with which the employee organization 79 is affiliated or associated. In lieu of this provision, and upon 80 adoption of a rule by the commission, a state or national 81 affiliate or parent organization of any registering labor 82 organization may annually submit a copy of its current 83 constitution and bylaws. 84 (2) A registration granted to an employee organization 85 pursuant to the provisions of this section shall run for 1 year 86 from the date of issuance. A registration shall be renewed 87 annually by filing application for renewal under oath with the 88 commission, which application shall reflect any changes in the 89 information provided to the commission in conjunction with the 90 employee organization’s preceding application for registration 91 or previous renewal, whichever is applicable. Each application 92 for renewal of registration shall include a current annual 93 audited financial statement, certified by an independent 94 certified public accountant licensed under chapter 473 and 95 report,signed by the employee organization’s itspresident and 96 treasurer or corresponding principal officers, containing the 97 following information in such detail as may be necessary 98 accurately to disclose its financial condition and operations 99 for its preceding fiscal year and in such categories as the 100 commission may prescribe: 101 (a) Assets and liabilities at the beginning and end of the 102 fiscal year; 103 (b) Receipts of any kind and the sources thereof; 104 (c) Salary, allowances, and other direct or indirect 105 disbursements, including reimbursed expenses, to each officer 106 and also to each employee who, during such fiscal year, received 107 more than $10,000 in the aggregate from such employee 108 organization and any other employee organization affiliated with 109 it or with which it is affiliated or which is affiliated with 110 the same national or international employee organization; 111 (d) Direct and indirect loans made to any officer, 112 employee, or member which aggregated more than $250 during the 113 fiscal year, together with a statement of the purpose, security, 114 if any, and arrangements for repayment; and 115 (e) Direct and indirect loans to any business enterprise, 116 together with a statement of the purpose, security, if any, and 117 arrangements for repayment. 118 (3) In addition to subsection (2), an employee organization 119 that has been certified as the bargaining agent for public 120 employees must include for each such certified bargaining unit 121 the following information and documentation as of the 30th day 122 immediately preceding the date of renewal in its application for 123 any renewal of registration on or after October 1, 2023: 124 (a) The number of employees in the bargaining unit who are 125 eligible for representation by the employee organization. 126 (b) The number of employees in the bargaining unit who have 127 submitted signed membership authorization forms without a 128 subsequent revocation of such membership. 129 (c) The number of employees in the bargaining unit who paid 130 dues to the employee organization. 131 (d) The number of employees in the bargaining unit who did 132 not pay dues to the employee organization. 133 (e) Documentation provided by an independent certified 134 public accountant retained by the employee organization which 135 verifies the information provided in paragraphs (a)-(d). 136 (4) The employee organization must provide a copy of its 137 application for renewal of registration relating to a public 138 employer’s employees to the public employer on the same day the 139 application is submitted to the commission. 140 (5) An application for renewal of registration is 141 incomplete and is not eligible for consideration by the 142 commission if it does not include all of the information and 143 documentation required in subsection (3). The commission shall 144 notify the employee organization if the application is 145 incomplete. An incomplete application must be dismissed if the 146 required information and documentation are not provided within 147 10 days after the employee organization receives such notice. 148 (6) Notwithstanding the provisions of this chapter relating 149 to collective bargaining, an employee organization that had less 150 than 60 percent of the employees eligible for representation in 151 the bargaining unit pay dues during its last registration period 152 must petition the commission pursuant to s. 447.307(2) and (3) 153 for recertification as the exclusive representative of all 154 employees in the bargaining unit within 1 month after the date 155 on which the employee organization applies for renewal of 156 registration pursuant to subsection (2). The certification of an 157 employee organization that does not comply with this section is 158 revoked. 159 (7) The public employer or a bargaining unit employee may 160 challenge an employee organization’s application for renewal of 161 registration if the public employer or bargaining unit employee 162 believes that the application is inaccurate. The commission or 163 one of its designated agents shall review the application to 164 determine its accuracy and compliance with this section. If the 165 commission finds that the application is inaccurate or does not 166 comply with this section, the commission shall revoke the 167 registration and certification of the employee organization. 168 (8) The commission may conduct an investigation to confirm 169 the validity of any information submitted pursuant to this 170 section. The commission may revoke or deny an employee 171 organization’s registration or certification if it finds that 172 the employee organization: 173 (a) Failed to cooperate with the investigation conducted 174 pursuant to this subsection; or 175 (b) Intentionally misrepresented the information it 176 submitted pursuant to subsection (3). 177 178 A decision issued by the commission pursuant to this subsection 179 is a final agency action that is reviewable pursuant to s. 180 447.504. 181 (9) Subsections (3)-(8) do not apply to an employee 182 organization that has been certified as the bargaining agent to 183 represent law enforcement officers, correctional officers, or 184 correctional probation officers as those terms are defined in s. 185 943.10(1), (2), or (3), respectively, firefighters as defined in 186 s. 633.102, or persons employed in any profession described in 187 s. 420.503(19), relating to essential services.