Florida Senate - 2023 SB 256
By Senator Ingoglia
11-00031G-23 2023256__
1 A bill to be entitled
2 An act relating to employee organizations representing
3 public employees; amending s. 447.301, F.S.; requiring
4 a public employee who desires to be a member of an
5 employee organization to sign a membership
6 authorization form beginning on a specified date;
7 requiring that such form include a specified
8 statement; authorizing a public employee to revoke
9 membership in an employee organization at any time of
10 the year; requiring an employee organization to revoke
11 a public employee’s membership upon receipt of his or
12 her written request for revocation; prohibiting an
13 employee organization from limiting an employee’s
14 right to revoke membership to certain dates;
15 prohibiting a revocation form from requiring a reason
16 for the public employee’s decision to revoke his or
17 her membership; requiring employee organizations to
18 retain such authorization forms and requests for
19 revocation for inspection by the Public Employees
20 Relations Commission; providing applicability with
21 respect to certain employee organizations; authorizing
22 the commission to adopt rules; amending s. 447.303,
23 F.S.; prohibiting certain employee organizations from
24 having dues and uniform assessments deducted and
25 collected by the employer from certain salaries;
26 authorizing public employees to pay dues and uniform
27 assessments directly to the employee organization;
28 authorizing certain employee organizations to have
29 dues and uniform assessments deducted and collected by
30 the employer from certain salaries; amending s.
31 447.305, F.S.; revising requirements for applications
32 for initial registrations and renewals of registration
33 of employee organizations; providing procedures for
34 incomplete applications; requiring certain employee
35 organizations to petition the commission for
36 recertification as bargaining agents; authorizing a
37 public employer or bargaining unit employee to
38 challenge an employee organization’s application for
39 renewal of registration; requiring the commission or
40 one of its designated agents to review the
41 application; requiring the commission to revoke the
42 registration and certification of the employee
43 organization in certain circumstances; authorizing the
44 commission to conduct investigations for specified
45 purposes; authorizing the commission to revoke or deny
46 an employee organization’s registration or
47 certification under certain circumstances; specifying
48 that certain decisions issued by the commission are
49 reviewable final agency actions; providing
50 applicability with respect to certain employee
51 organizations; requiring certain employee
52 organizations to provide its members with an annual
53 audited financial report; requiring employee
54 organizations to notify its members annually of all
55 costs of membership; amending s. 447.509, F.S;
56 revising prohibitions for employee organizations and
57 certain persons and entities relating to employee
58 organizations; amending s. 1012.2315, F.S.; removing
59 duplicative provisions; reenacting ss. 110.114(3) and
60 447.507(6)(a), F.S., relating to employee wage
61 deductions and violation of strike prohibition and
62 penalties, respectively, to incorporate the amendment
63 made to s. 447.303, F.S., in references thereto;
64 providing effective dates.
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. Subsection (1) of section 447.301, Florida
69 Statutes, is amended to read:
70 447.301 Public employees’ rights; organization and
71 representation.—
72 (1)(a) Public employees shall have the right to form, join,
73 and participate in, or to refrain from forming, joining, or
74 participating in, any employee organization of their own
75 choosing.
76 (b)1. Beginning July 1, 2023, a public employee who desires
77 to be a member of an employee organization must sign and date a
78 membership authorization form, as prescribed by the commission,
79 with the bargaining agent.
80 2. The membership authorization form must identify the name
81 of the bargaining agent, the name of the employee, the class
82 code and class title of the employee, the name of the public
83 employer and employing agency, if applicable, and the amount of
84 the initiation fee and of the monthly dues which the member must
85 pay.
86 3. The membership authorization form must contain the
87 following statement in 14-point type:
88
89 The State of Florida is a right-to-work state.
90 Membership or non-membership in a labor union is not
91 required as a condition of employment, and union
92 membership and payment of union dues and assessments
93 are voluntary. Each person has the right to join and
94 pay dues to a labor union or to refrain from joining
95 and paying dues to a labor union. No employee may be
96 discriminated against in any manner for joining and
97 financially supporting a labor union or for refusing
98 to join or financially support a labor union.
99
100 4. A public employee may revoke membership in the employee
101 organization at any time of the year. Upon receipt of the
102 employee’s written revocation of membership, the employee
103 organization must revoke a public employee’s membership. The
104 employee organization may not limit an employee’s right to
105 revoke membership to certain dates. If a public employee must
106 complete a form to revoke membership in the employee
107 organization, the form may not require a reason for the public
108 employee’s decision to revoke his or her membership.
109 5. An employee organization must retain for inspection by
110 the commission such membership authorization forms and any
111 revocations.
112 6. This paragraph does not apply to members of an employee
113 organization that has been certified as a bargaining agent to
114 represent law enforcement officers, correctional officers, or
115 correctional probation officers as those terms are defined in s.
116 943.10(1), (2), or (3), respectively, or firefighters as defined
117 in s. 633.102.
118 7. The commission may adopt rules to implement this
119 paragraph.
120 Section 2. Effective July 1, 2023, section 447.303, Florida
121 Statutes, is amended to read:
122 447.303 Dues; deduction and collection.—
123 (1) Except as authorized in subsection (2), an employee
124 organization that has been certified as a bargaining agent may
125 not have its dues and uniform assessments deducted and collected
126 by the employer from the salaries of those employees in the
127 unit. A public employee may pay dues and uniform assessments
128 directly to the employee organization that has been certified as
129 the bargaining agent.
130 (2)(a) An Any employee organization that which has been
131 certified as a bargaining agent to represent law enforcement
132 officers, correctional officers, or correctional probation
133 officers as those terms are defined in s. 943.10(1), (2), or
134 (3), respectively, or firefighters as defined in s. 633.102 has
135 shall have the right to have its dues and uniform assessments
136 deducted and collected by the employer from the salaries of
137 those employees who authorize the deduction and collection of
138 said dues and uniform assessments. However, such authorization
139 is revocable at the employee’s request upon 30 days’ written
140 notice to the employer and employee organization. Said
141 deductions shall commence upon the bargaining agent’s written
142 request to the employer.
143 (b) Reasonable costs to the employer of said deductions is
144 shall be a proper subject of collective bargaining.
145 (c) Such right to deduction, unless revoked under pursuant
146 to s. 447.507, is shall be in force for so long as the employee
147 organization remains the certified bargaining agent for the
148 employees in the unit.
149 (3) The public employer is expressly prohibited from any
150 involvement in the collection of fines, penalties, or special
151 assessments.
152 Section 3. Effective October 1, 2023, section 447.305,
153 Florida Statutes, is amended to read:
154 447.305 Registration of employee organization.—
155 (1) Every employee organization seeking to become a
156 certified bargaining agent for public employees shall register
157 with the commission pursuant to the procedures set forth in s.
158 120.60 prior to requesting recognition by a public employer for
159 purposes of collective bargaining and prior to submitting a
160 petition to the commission requesting certification as an
161 exclusive bargaining agent. Further, if such employee
162 organization is not registered, it may not participate in a
163 representation hearing, participate in a representation
164 election, or be certified as an exclusive bargaining agent. The
165 application for registration required by this section shall be
166 under oath and in such form as the commission may prescribe and
167 shall include:
168 (a) The name and address of the organization and of any
169 parent organization or organization with which it is affiliated.
170 (b) The names and addresses of the principal officers and
171 all representatives of the organization.
172 (c) The amount of the initiation fee and of the monthly
173 dues which members must pay.
174 (d) The current annual audited financial statement of the
175 organization.
176 (e) The name of its business agent, if any; if different
177 from the business agent, the name of its local agent for service
178 of process; and the addresses where such person or persons can
179 be reached.
180 (f) A pledge, in a form prescribed by the commission, that
181 the employee organization will conform to the laws of the state
182 and that it will accept members without regard to age, race,
183 sex, religion, or national origin.
184 (g) A copy of the current constitution and bylaws of the
185 employee organization.
186 (h) A copy of the current constitution and bylaws of the
187 state and national groups with which the employee organization
188 is affiliated or associated. In lieu of this provision, and upon
189 adoption of a rule by the commission, a state or national
190 affiliate or parent organization of any registering labor
191 organization may annually submit a copy of its current
192 constitution and bylaws.
193 (i) A pledge, in a form prescribed by the commission, that
194 the annual salary of an official of the employee organization
195 will not exceed the highest salary of any employee member in its
196 organization. This paragraph does not apply to an employee
197 organization that has been certified as the bargaining agent to
198 represent law enforcement officers, correctional officers, or
199 correctional probation officers as those terms are defined in s.
200 943.10(1), (2), or (3), respectively, or firefighters as defined
201 in s. 633.102.
202 (2) A registration granted to an employee organization
203 pursuant to the provisions of this section shall run for 1 year
204 from the date of issuance. A registration shall be renewed
205 annually by filing application for renewal under oath with the
206 commission, which application shall reflect any changes in the
207 information provided to the commission in conjunction with the
208 employee organization’s preceding application for registration
209 or previous renewal, whichever is applicable. Each application
210 for renewal of registration shall include a current annual
211 audited financial statement, certified by an independent
212 certified public accountant licensed under chapter 473 and
213 report, signed by the employee organization’s its president and
214 treasurer or corresponding principal officers, containing the
215 following information in such detail as may be necessary
216 accurately to disclose its financial condition and operations
217 for its preceding fiscal year and in such categories as the
218 commission may prescribe:
219 (a) Assets and liabilities at the beginning and end of the
220 fiscal year;
221 (b) Receipts of any kind and the sources thereof;
222 (c) Salary, allowances, and other direct or indirect
223 disbursements, including reimbursed expenses, to each officer
224 and also to each employee who, during such fiscal year, received
225 more than $10,000 in the aggregate from such employee
226 organization and any other employee organization affiliated with
227 it or with which it is affiliated or which is affiliated with
228 the same national or international employee organization;
229 (d) Direct and indirect loans made to any officer,
230 employee, or member which aggregated more than $250 during the
231 fiscal year, together with a statement of the purpose, security,
232 if any, and arrangements for repayment; and
233 (e) Direct and indirect loans to any business enterprise,
234 together with a statement of the purpose, security, if any, and
235 arrangements for repayment.
236 (3) In addition to subsection (2), an employee organization
237 that has been certified as the bargaining agent for public
238 employees must include for each such certified bargaining unit
239 the following information and documentation as of the 30th day
240 immediately preceding the date of renewal in its application for
241 any renewal of registration on or after October 1, 2023:
242 (a) The number of employees in the bargaining unit who are
243 eligible for representation by the employee organization.
244 (b) The number of employees in the bargaining unit who have
245 submitted signed membership authorization forms without a
246 subsequent revocation of such membership.
247 (c) The number of employees in the bargaining unit who paid
248 dues to the employee organization.
249 (d) The number of employees in the bargaining unit who did
250 not pay dues to the employee organization.
251 (e) Documentation provided by the public employer verifying
252 the information provided in paragraph (a).
253 (f) Documentation provided by an independent certified
254 public accountant retained by the employee organization which
255 verifies the information provided in paragraphs (b), (c), and
256 (d).
257 (4) The employee organization must provide a copy of its
258 application for renewal of registration relating to a public
259 employer’s employees to the public employer on the same day the
260 application is submitted to the commission.
261 (5) An application for renewal of registration is
262 incomplete and is not eligible for consideration by the
263 commission if it does not include all of the information and
264 documentation required in subsection (3). The commission shall
265 notify the employee organization if the application is
266 incomplete. An incomplete application must be dismissed if the
267 required information and documentation are not provided within
268 10 days after the employee organization receives such notice.
269 (6) Notwithstanding the provisions of this chapter relating
270 to collective bargaining, an employee organization that had less
271 than 60 percent of the employees eligible for representation in
272 the bargaining unit pay dues during its last registration period
273 must petition the commission pursuant to s. 447.307(2) and (3)
274 for recertification as the exclusive representative of all
275 employees in the bargaining unit within 1 month after the date
276 on which the employee organization applies for renewal of
277 registration pursuant to subsection (2). The certification of an
278 employee organization that does not comply with this section is
279 revoked.
280 (7) The public employer or a bargaining unit employee may
281 challenge an employee organization’s application for renewal of
282 registration if the public employer or bargaining unit employee
283 believes that the application is inaccurate. The commission or
284 one of its designated agents shall review the application to
285 determine its accuracy and compliance with this section. If the
286 commission finds that the application is inaccurate or does not
287 comply with this section, the commission shall revoke the
288 registration and certification of the employee organization.
289 (8) The commission may conduct an investigation to confirm
290 the validity of any information submitted pursuant to this
291 section. The commission may revoke or deny an employee
292 organization’s registration or certification if it finds that
293 the employee organization:
294 (a) Failed to cooperate with the investigation conducted
295 pursuant to this subsection; or
296 (b) Intentionally misrepresented the information it
297 submitted pursuant to subsection (3).
298
299 A decision issued by the commission pursuant to this subsection
300 is a final agency action that is reviewable pursuant to s.
301 447.504.
302 (9) Subsections (3)-(8) do not apply to an employee
303 organization that has been certified as the bargaining agent to
304 represent law enforcement officers, correctional officers, or
305 correctional probation officers as those terms are defined in s.
306 943.10(1), (2), or (3), respectively, or firefighters as defined
307 in s. 633.102.
308 (10)(3) A registration fee shall accompany each application
309 filed with the commission. The amount charged for an application
310 for registration or renewal of registration shall not exceed
311 $15. All such money collected by the commission shall be
312 deposited in the General Revenue Fund.
313 (11)(4) Every employee organization shall keep accurate
314 accounts of its income and expenses, which accounts shall be
315 open for inspection at all reasonable times by any member of the
316 organization or by the commission. In addition, each employee
317 organization that has been certified as a bargaining agent must
318 provide to its members an annual audited financial report that
319 includes a detailed breakdown of revenues and expenditures, and
320 an accounting of membership dues and assessments. The employee
321 organization must notify its members annually of all costs of
322 membership.
323 Section 4. Paragraph (b) of subsection (1) of section
324 447.509, Florida Statutes, is amended, and paragraphs (d) and
325 (e) are added to that subsection, to read:
326 447.509 Other unlawful acts.—
327 (1) Employee organizations, their members, agents, or
328 representatives, or any persons acting on their behalf are
329 hereby prohibited from:
330 (b)1. Distributing literature during working hours in areas
331 where the actual work of law enforcement officers, firefighters,
332 correctional officers, or correctional probation officers public
333 employees is performed, such as offices, warehouses, schools,
334 police stations, fire stations, and any similar public
335 installations. This section shall not be construed to prohibit
336 the distribution of literature during the employee’s lunch hour
337 or in such areas not specifically devoted to the performance of
338 the employee’s official duties.
339 2. Distributing literature in areas where the actual work
340 of public employees other than law enforcement officers,
341 firefighters, correctional officers, or correctional probation
342 officers is performed, such as offices, warehouses, schools, and
343 any similar public installations.
344 (d) Offering anything of value to a public officer as
345 defined in s. 112.313(1) which the public officer is prohibited
346 from accepting under s. 112.313(2).
347 (e) Offering any compensation, payment, or thing of value
348 to a public officer as defined in s. 112.313(1) which the public
349 officer is prohibited from accepting under s. 112.313(4).
350 Section 5. Effective October 1, 2023, paragraph (c) of
351 subsection (4) of section 1012.2315, Florida Statutes, is
352 amended to read:
353 1012.2315 Assignment of teachers.—
354 (4) COLLECTIVE BARGAINING.—
355 (c)1. In addition to the provisions under s. 447.305(2), an
356 employee organization that has been certified as the bargaining
357 agent for a unit of instructional personnel as defined in s.
358 1012.01(2) must include for each such certified bargaining unit
359 the following information in its application for renewal of
360 registration:
361 a. The number of employees in the bargaining unit who are
362 eligible for representation by the employee organization.
363 b. The number of employees who are represented by the
364 employee organization, specifying the number of members who pay
365 dues and the number of members who do not pay dues.
366 2. Notwithstanding the provisions of chapter 447 relating
367 to collective bargaining, an employee organization whose dues
368 paying membership is less than 50 percent of the employees
369 eligible for representation in the unit, as identified in
370 subparagraph 1., must petition the Public Employees Relations
371 Commission pursuant to s. 447.307(2) and (3) for recertification
372 as the exclusive representative of all employees in the unit
373 within 1 month after the date on which the organization applies
374 for renewal of registration pursuant to s. 447.305(2). The
375 certification of an employee organization that does not comply
376 with this paragraph is revoked.
377 Section 6. Effective July 1, 2023, for the purpose of
378 incorporating the amendment made by this act to section 447.303,
379 Florida Statutes, in a reference thereto, subsection (3) of
380 section 110.114, Florida Statutes, is reenacted to read:
381 110.114 Employee wage deductions.—
382 (3) Notwithstanding the provisions of subsections (1) and
383 (2), the deduction of an employee’s membership dues deductions
384 as defined in s. 447.203(15) for an employee organization as
385 defined in s. 447.203(11) shall be authorized or permitted only
386 for an organization that has been certified as the exclusive
387 bargaining agent pursuant to chapter 447 for a unit of state
388 employees in which the employee is included. Such deductions
389 shall be subject to the provisions of s. 447.303.
390 Section 7. Effective July 1, 2023, for the purpose of
391 incorporating the amendment made by this act to section 447.303,
392 Florida Statutes, in a reference thereto, paragraph (a) of
393 subsection (6) of section 447.507, Florida Statutes, is
394 reenacted to read:
395 447.507 Violation of strike prohibition; penalties.—
396 (6)(a) If the commission determines that an employee
397 organization has violated s. 447.505, it may:
398 1. Issue cease and desist orders as necessary to ensure
399 compliance with its order.
400 2. Suspend or revoke the certification of the employee
401 organization as the bargaining agent of such employee unit.
402 3. Revoke the right of dues deduction and collection
403 previously granted to said employee organization pursuant to s.
404 447.303.
405 4. Fine the organization up to $20,000 for each calendar
406 day of such violation or determine the approximate cost to the
407 public due to each calendar day of the strike and fine the
408 organization an amount equal to such cost, notwithstanding the
409 fact that the fine may exceed $20,000 for each such calendar
410 day. The fines so collected shall immediately accrue to the
411 public employer and shall be used by him or her to replace those
412 services denied the public as a result of the strike. In
413 determining the amount of damages, if any, to be awarded to the
414 public employer, the commission shall take into consideration
415 any action or inaction by the public employer or its agents that
416 provoked, or tended to provoke, the strike by the public
417 employees.
418 Section 8. Except as otherwise expressly provided in this
419 act, this act shall take effect upon becoming a law.