Florida Senate - 2023 SENATOR AMENDMENT
Bill No. CS for CS for SB 256
Ì692892LÎ692892
LEGISLATIVE ACTION
Senate . House
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Floor: 2/F/2R .
03/23/2023 04:27 PM .
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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 Any employee organization that which has 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 have the 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 be a proper subject of collective bargaining.
36 (c) Such right to deduction, unless revoked under pursuant
37 to s. 447.507, is shall be in 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 its president 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.