CS for CS for SB 256                       First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2023256e1
       
    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 their members with an annual
   53         audited financial report; requiring employee
   54         organizations to notify their 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, the amount of the
   84  initiation fee and of the monthly dues which the member must
   85  pay, and the name and total amount of salary, allowances, and
   86  other direct or indirect disbursements, including
   87  reimbursements, paid to each of the five highest compensated
   88  officers and employees of the employee organization disclosed
   89  under s. 447.305(2)(c).
   90         3. The membership authorization form must contain the
   91  following statement in 14-point type:
   92  
   93         The State of Florida is a right-to-work state.
   94         Membership or non-membership in a labor union is not
   95         required as a condition of employment, and union
   96         membership and payment of union dues and assessments
   97         are voluntary. Each person has the right to join and
   98         pay dues to a labor union or to refrain from joining
   99         and paying dues to a labor union. No employee may be
  100         discriminated against in any manner for joining and
  101         financially supporting a labor union or for refusing
  102         to join or financially support a labor union.
  103  
  104         4.A public employee may revoke membership in the employee
  105  organization at any time of the year. Upon receipt of the
  106  employee’s written revocation of membership, the employee
  107  organization must revoke a public employee’s membership. The
  108  employee organization may not limit an employee’s right to
  109  revoke membership to certain dates. If a public employee must
  110  complete a form to revoke membership in the employee
  111  organization, the form may not require a reason for the public
  112  employee’s decision to revoke his or her membership.
  113         5.An employee organization must retain for inspection by
  114  the commission such membership authorization forms and any
  115  revocations.
  116         6.This paragraph does not apply to members of an employee
  117  organization that has been certified as a bargaining agent to
  118  represent law enforcement officers, correctional officers, or
  119  correctional probation officers as those terms are defined in s.
  120  943.10(1), (2), or (3), respectively, or firefighters as defined
  121  in s. 633.102.
  122         7.The commission may adopt rules to implement this
  123  paragraph.
  124         Section 2. Effective July 1, 2023, section 447.303, Florida
  125  Statutes, is amended to read:
  126         447.303 Dues; deduction and collection.—
  127         (1) Except as authorized in subsection (2), an employee
  128  organization that has been certified as a bargaining agent may
  129  not have its dues and uniform assessments deducted and collected
  130  by the employer from the salaries of those employees in the
  131  unit. A public employee may pay dues and uniform assessments
  132  directly to the employee organization that has been certified as
  133  the bargaining agent.
  134         (2)(a) An Any employee organization that which has been
  135  certified as a bargaining agent to represent law enforcement
  136  officers, correctional officers, or correctional probation
  137  officers as those terms are defined in s. 943.10(1), (2), or
  138  (3), respectively, or firefighters as defined in s. 633.102 has
  139  shall have the right to have its dues and uniform assessments
  140  deducted and collected by the employer from the salaries of
  141  those employees who authorize the deduction and collection of
  142  said dues and uniform assessments. However, such authorization
  143  is revocable at the employee’s request upon 30 days’ written
  144  notice to the employer and employee organization. Said
  145  deductions shall commence upon the bargaining agent’s written
  146  request to the employer.
  147         (b) Reasonable costs to the employer of said deductions is
  148  shall be a proper subject of collective bargaining.
  149         (c) Such right to deduction, unless revoked under pursuant
  150  to s. 447.507, is shall be in force for so long as the employee
  151  organization remains the certified bargaining agent for the
  152  employees in the unit.
  153         (3) The public employer is expressly prohibited from any
  154  involvement in the collection of fines, penalties, or special
  155  assessments.
  156         Section 3. Effective October 1, 2023, section 447.305,
  157  Florida Statutes, is amended to read:
  158         447.305 Registration of employee organization.—
  159         (1) Every employee organization seeking to become a
  160  certified bargaining agent for public employees shall register
  161  with the commission pursuant to the procedures set forth in s.
  162  120.60 prior to requesting recognition by a public employer for
  163  purposes of collective bargaining and prior to submitting a
  164  petition to the commission requesting certification as an
  165  exclusive bargaining agent. Further, if such employee
  166  organization is not registered, it may not participate in a
  167  representation hearing, participate in a representation
  168  election, or be certified as an exclusive bargaining agent. The
  169  application for registration required by this section shall be
  170  under oath and in such form as the commission may prescribe and
  171  shall include:
  172         (a) The name and address of the organization and of any
  173  parent organization or organization with which it is affiliated.
  174         (b) The names and addresses of the principal officers and
  175  all representatives of the organization.
  176         (c) The amount of the initiation fee and of the monthly
  177  dues which members must pay.
  178         (d) The current annual audited financial statement of the
  179  organization.
  180         (e) The name of its business agent, if any; if different
  181  from the business agent, the name of its local agent for service
  182  of process; and the addresses where such person or persons can
  183  be reached.
  184         (f) A pledge, in a form prescribed by the commission, that
  185  the employee organization will conform to the laws of the state
  186  and that it will accept members without regard to age, race,
  187  sex, religion, or national origin.
  188         (g) A copy of the current constitution and bylaws of the
  189  employee organization.
  190         (h) A copy of the current constitution and bylaws of the
  191  state and national groups with which the employee organization
  192  is affiliated or associated. In lieu of this provision, and upon
  193  adoption of a rule by the commission, a state or national
  194  affiliate or parent organization of any registering labor
  195  organization may annually submit a copy of its current
  196  constitution and bylaws.
  197         (2) A registration granted to an employee organization
  198  pursuant to the provisions of this section shall run for 1 year
  199  from the date of issuance. A registration shall be renewed
  200  annually by filing application for renewal under oath with the
  201  commission, which application shall reflect any changes in the
  202  information provided to the commission in conjunction with the
  203  employee organization’s preceding application for registration
  204  or previous renewal, whichever is applicable. Each application
  205  for renewal of registration shall include a current annual
  206  audited financial statement, certified by an independent
  207  certified public accountant licensed under chapter 473 and
  208  report, signed by the employee organization’s its president and
  209  treasurer or corresponding principal officers, containing the
  210  following information in such detail as may be necessary
  211  accurately to disclose its financial condition and operations
  212  for its preceding fiscal year and in such categories as the
  213  commission may prescribe:
  214         (a) Assets and liabilities at the beginning and end of the
  215  fiscal year;
  216         (b) Receipts of any kind and the sources thereof;
  217         (c) Salary, allowances, and other direct or indirect
  218  disbursements, including reimbursed expenses, to each officer
  219  and also to each employee who, during such fiscal year, received
  220  more than $10,000 in the aggregate from such employee
  221  organization and any other employee organization affiliated with
  222  it or with which it is affiliated or which is affiliated with
  223  the same national or international employee organization;
  224         (d) Direct and indirect loans made to any officer,
  225  employee, or member which aggregated more than $250 during the
  226  fiscal year, together with a statement of the purpose, security,
  227  if any, and arrangements for repayment; and
  228         (e) Direct and indirect loans to any business enterprise,
  229  together with a statement of the purpose, security, if any, and
  230  arrangements for repayment.
  231         (3)In addition to subsection (2), an employee organization
  232  that has been certified as the bargaining agent for public
  233  employees must include for each such certified bargaining unit
  234  the following information and documentation as of the 30th day
  235  immediately preceding the date of renewal in its application for
  236  any renewal of registration on or after October 1, 2023:
  237         (a)The number of employees in the bargaining unit who are
  238  eligible for representation by the employee organization.
  239         (b)The number of employees in the bargaining unit who have
  240  submitted signed membership authorization forms without a
  241  subsequent revocation of such membership.
  242         (c) The number of employees in the bargaining unit who paid
  243  dues to the employee organization.
  244         (d) The number of employees in the bargaining unit who did
  245  not pay dues to the employee organization.
  246         (e)Documentation provided by an independent certified
  247  public accountant retained by the employee organization which
  248  verifies the information provided in paragraphs (a)-(d).
  249         (4) The employee organization must provide a copy of its
  250  application for renewal of registration relating to a public
  251  employer’s employees to the public employer on the same day the
  252  application is submitted to the commission.
  253         (5)An application for renewal of registration is
  254  incomplete and is not eligible for consideration by the
  255  commission if it does not include all of the information and
  256  documentation required in subsection (3). The commission shall
  257  notify the employee organization if the application is
  258  incomplete. An incomplete application must be dismissed if the
  259  required information and documentation are not provided within
  260  10 days after the employee organization receives such notice.
  261         (6)Notwithstanding the provisions of this chapter relating
  262  to collective bargaining, an employee organization that had less
  263  than 60 percent of the employees eligible for representation in
  264  the bargaining unit pay dues during its last registration period
  265  must petition the commission pursuant to s. 447.307(2) and (3)
  266  for recertification as the exclusive representative of all
  267  employees in the bargaining unit within 1 month after the date
  268  on which the employee organization applies for renewal of
  269  registration pursuant to subsection (2). The certification of an
  270  employee organization that does not comply with this section is
  271  revoked.
  272         (7)The public employer or a bargaining unit employee may
  273  challenge an employee organization’s application for renewal of
  274  registration if the public employer or bargaining unit employee
  275  believes that the application is inaccurate. The commission or
  276  one of its designated agents shall review the application to
  277  determine its accuracy and compliance with this section. If the
  278  commission finds that the application is inaccurate or does not
  279  comply with this section, the commission shall revoke the
  280  registration and certification of the employee organization.
  281         (8) The commission may conduct an investigation to confirm
  282  the validity of any information submitted pursuant to this
  283  section. The commission may revoke or deny an employee
  284  organization’s registration or certification if it finds that
  285  the employee organization:
  286         (a)Failed to cooperate with the investigation conducted
  287  pursuant to this subsection; or
  288         (b)Intentionally misrepresented the information it
  289  submitted pursuant to subsection (3).
  290  
  291  A decision issued by the commission pursuant to this subsection
  292  is a final agency action that is reviewable pursuant to s.
  293  447.504.
  294         (9)Subsections (3)-(8) do not apply to an employee
  295  organization that has been certified as the bargaining agent to
  296  represent law enforcement officers, correctional officers, or
  297  correctional probation officers as those terms are defined in s.
  298  943.10(1), (2), or (3), respectively, or firefighters as defined
  299  in s. 633.102.
  300         (10)(3) A registration fee shall accompany each application
  301  filed with the commission. The amount charged for an application
  302  for registration or renewal of registration shall not exceed
  303  $15. All such money collected by the commission shall be
  304  deposited in the General Revenue Fund.
  305         (11)(4) Every employee organization shall keep accurate
  306  accounts of its income and expenses, which accounts shall be
  307  open for inspection at all reasonable times by any member of the
  308  organization or by the commission. In addition, each employee
  309  organization that has been certified as a bargaining agent must
  310  provide to its members an annual audited financial report that
  311  includes a detailed breakdown of revenues and expenditures, and
  312  an accounting of membership dues and assessments. The employee
  313  organization must notify its members annually of all costs of
  314  membership.
  315         Section 4. Paragraphs (d) and (e) are added to subsection
  316  (1) of section 447.509, Florida Statutes, to read:
  317         447.509 Other unlawful acts.—
  318         (1) Employee organizations, their members, agents, or
  319  representatives, or any persons acting on their behalf are
  320  hereby prohibited from:
  321         (d) Offering anything of value to a public officer as
  322  defined in s. 112.313(1) which the public officer is prohibited
  323  from accepting under s. 112.313(2).
  324         (e) Offering any compensation, payment, or thing of value
  325  to a public officer as defined in s. 112.313(1) which the public
  326  officer is prohibited from accepting under s. 112.313(4).
  327         Section 5. Effective October 1, 2023, paragraph (c) of
  328  subsection (4) of section 1012.2315, Florida Statutes, is
  329  amended to read:
  330         1012.2315 Assignment of teachers.—
  331         (4) COLLECTIVE BARGAINING.—
  332         (c)1. In addition to the provisions under s. 447.305(2), an
  333  employee organization that has been certified as the bargaining
  334  agent for a unit of instructional personnel as defined in s.
  335  1012.01(2) must include for each such certified bargaining unit
  336  the following information in its application for renewal of
  337  registration:
  338         a. The number of employees in the bargaining unit who are
  339  eligible for representation by the employee organization.
  340         b. The number of employees who are represented by the
  341  employee organization, specifying the number of members who pay
  342  dues and the number of members who do not pay dues.
  343         2. Notwithstanding the provisions of chapter 447 relating
  344  to collective bargaining, an employee organization whose dues
  345  paying membership is less than 50 percent of the employees
  346  eligible for representation in the unit, as identified in
  347  subparagraph 1., must petition the Public Employees Relations
  348  Commission pursuant to s. 447.307(2) and (3) for recertification
  349  as the exclusive representative of all employees in the unit
  350  within 1 month after the date on which the organization applies
  351  for renewal of registration pursuant to s. 447.305(2). The
  352  certification of an employee organization that does not comply
  353  with this paragraph is revoked.
  354         Section 6. Effective July 1, 2023, for the purpose of
  355  incorporating the amendment made by this act to section 447.303,
  356  Florida Statutes, in a reference thereto, subsection (3) of
  357  section 110.114, Florida Statutes, is reenacted to read:
  358         110.114 Employee wage deductions.—
  359         (3) Notwithstanding the provisions of subsections (1) and
  360  (2), the deduction of an employee’s membership dues deductions
  361  as defined in s. 447.203(15) for an employee organization as
  362  defined in s. 447.203(11) shall be authorized or permitted only
  363  for an organization that has been certified as the exclusive
  364  bargaining agent pursuant to chapter 447 for a unit of state
  365  employees in which the employee is included. Such deductions
  366  shall be subject to the provisions of s. 447.303.
  367         Section 7. Effective July 1, 2023, for the purpose of
  368  incorporating the amendment made by this act to section 447.303,
  369  Florida Statutes, in a reference thereto, paragraph (a) of
  370  subsection (6) of section 447.507, Florida Statutes, is
  371  reenacted to read:
  372         447.507 Violation of strike prohibition; penalties.—
  373         (6)(a) If the commission determines that an employee
  374  organization has violated s. 447.505, it may:
  375         1. Issue cease and desist orders as necessary to ensure
  376  compliance with its order.
  377         2. Suspend or revoke the certification of the employee
  378  organization as the bargaining agent of such employee unit.
  379         3. Revoke the right of dues deduction and collection
  380  previously granted to said employee organization pursuant to s.
  381  447.303.
  382         4. Fine the organization up to $20,000 for each calendar
  383  day of such violation or determine the approximate cost to the
  384  public due to each calendar day of the strike and fine the
  385  organization an amount equal to such cost, notwithstanding the
  386  fact that the fine may exceed $20,000 for each such calendar
  387  day. The fines so collected shall immediately accrue to the
  388  public employer and shall be used by him or her to replace those
  389  services denied the public as a result of the strike. In
  390  determining the amount of damages, if any, to be awarded to the
  391  public employer, the commission shall take into consideration
  392  any action or inaction by the public employer or its agents that
  393  provoked, or tended to provoke, the strike by the public
  394  employees.
  395         Section 8. Except as otherwise expressly provided in this
  396  act, this act shall take effect upon becoming a law.