FL
Florida House Bill H1197

Florida 2022 Regular Session

Florida House Bill H1197 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to employee organizations representing 2
1616 public employees; amending s. 447.301, F.S.; requiring 3
1717 that a public employee who desires to join an employee 4
1818 organization sign a membership authorization form; 5
1919 requiring that such form include a speci fied 6
2020 acknowledgement; requiring an employee organization to 7
2121 revoke a public employee's membership upon receipt of 8
2222 his or her written request for revocation; prohibiting 9
2323 a revocation form from requiring a reason for the 10
2424 public employee's decision to revoke his or her 11
2525 membership; providing nonapplicability with respect to 12
2626 certain employee organizations; amending s. 447.303, 13
2727 F.S.; prohibiting certain employee organizations from 14
2828 having their dues and uniform assessments deducted and 15
2929 collected by the employer fr om certain salaries; 16
3030 authorizing public employees to pay their dues and 17
3131 uniform assessments directly to the employee 18
3232 organization; authorizing certain employee 19
3333 organizations to have their dues and uniform 20
3434 assessments deducted and collected by the employer 21
3535 from certain salaries; amending s. 447.305, F.S.; 22
3636 revising requirements for applications for renewal of 23
3737 registration of an employee organization; providing 24
3838 procedures for incomplete applications; requiring 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 certain employee organizations to petition the Pub lic 26
5252 Employees Relations Commission for recertification as 27
5353 bargaining agents; authorizing a public employer or 28
5454 bargaining unit employee to challenge an employee 29
5555 organization's application for renewal of 30
5656 registration; requiring the commission or its 31
5757 designated agent to review the application; requiring 32
5858 the commission to revoke the registration and 33
5959 certification of the employee organization in certain 34
6060 circumstances; providing nonapplicability with respect 35
6161 to certain employee organizations; amending s. 36
6262 1012.2315, F.S.; removing duplicate provisions; 37
6363 reenacting ss. 110.114(3) and 447.507(6)(a), F.S., 38
6464 relating to employee wage deductions and violation of 39
6565 strike prohibition and penalties, respectively, to 40
6666 incorporate the amendment made to s. 447.303, F.S., in 41
6767 references thereto; providing an effective date. 42
6868 43
6969 Be It Enacted by the Legislature of the State of Florida: 44
7070 45
7171 Section 1. Subsection (1) of section 447.301, Florida 46
7272 Statutes, is amended to read: 47
7373 447.301 Public employees' rights; organization and 48
7474 representation.— 49
7575 (1)(a) Public employees shall have the right to form, 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 join, and participate in, or to refrain from forming, joining, 51
8989 or participating in, any employee organization of their own 52
9090 choosing. 53
9191 (b)1. A public employee who desires to join an employee 54
9292 organization must sign a membership authorization form with the 55
9393 bargaining agent. The membership authorization form must contain 56
9494 the following acknowledgment in bold letters and in at least a 57
9595 14-point type: 58
9696 59
9797 I acknowledge and understand that Florida is a right-60
9898 to-work state and that union membership is not 61
9999 required as a condition of employment. I understand 62
100100 that union membership and payment of union dues and 63
101-assessments are voluntary and that I may not be 64
101+assessments is voluntary and that I may not be 64
102102 discriminated against in any manner if I refuse to 65
103103 join or financially support a union. 66
104104 67
105105 2. An employee organization must revoke a public 68
106106 employee's membership upon receipt of his or her written request 69
107107 for revocation. If a public employee must complete a form to 70
108108 request revocation of membership from the employee organization, 71
109109 the form may not require a reason for the public employee's 72
110110 decision to revoke his or her membership. 73
111111 3. This paragraph does not apply to members of an employee 74
112112 organization that has been certified as a bargaining agent to 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 represent law enforcement officers, correctional officers, or 76
126126 correctional probation officers as those terms are defined in s. 77
127127 943.10(1), (2), or (3), respectively, or firefighters as defined 78
128128 in s. 633.102. 79
129129 Section 2. Section 447.303, Florida Statutes, is amen ded 80
130130 to read: 81
131131 447.303 Dues; deduction and collection. — 82
132132 (1) Except as authorized in subsection (2), an employee 83
133133 organization that has been certified as a bargaining agent may 84
134134 not have its dues and uniform assessments deducted and collected 85
135135 by the employer from the salaries of those employees in the 86
136136 unit. Public employees may pay their dues and uniform 87
137137 assessments directly to the employee organization that has been 88
138138 certified as their bargaining agent. 89
139139 (2)(a) An Any employee organization that which has been 90
140140 certified as a bargaining agent to represent law enforcement 91
141141 officers, correctional officers, or correctional probation 92
142142 officers as those terms are defined in s. 943.10(1), (2), or 93
143143 (3), respectively, or firefighters as defined in s. 633.102 has 94
144144 shall have the right to have its dues and uniform assessments 95
145145 deducted and collected by the employer from the salaries of 96
146146 those employees who authorize the deduction and collection of 97
147147 said dues and uniform assessments. However, such authorization 98
148148 is revocable at the employee's request upon 30 days' written 99
149149 notice to the employer and employee organization. Said 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 deductions shall commence upon the bargaining agent's written 101
163163 request to the employer. 102
164164 (b) Reasonable costs to the employer of said deductions is 103
165165 shall be a proper subject of collective bargaining. 104
166166 (c) Such right to deduction, unless revoked under pursuant 105
167167 to s. 447.507, is shall be in force for so long as the employee 106
168168 organization remains the certified bargaining agent for the 107
169169 employees in the unit. 108
170170 (3) The public employer is expressly prohibited from any 109
171171 involvement in the collection of fines, penalties, or special 110
172172 assessments. 111
173173 Section 3. Subsections (3) and (4) of section 447.305, 112
174174 Florida Statutes, are renumbered as subsections (8) and (9 ), 113
175175 respectively, and new subsections (3) through (7) are added to 114
176176 that section to read: 115
177177 447.305 Registration of employee organization. — 116
178178 (3) In addition to subsection (2), an employee 117
179179 organization that has been certified as the bargaining agent for 118
180180 public employees must include for each such certified bargaining 119
181181 unit the following information and documentation in its 120
182182 application for renewal of registration: 121
183183 (a) The number of employees in the bargaining unit who are 122
184184 eligible for representation by the em ployee organization as of 123
185185 December 31 of that renewal period. 124
186186 (b) The number of employees who are represented by the 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 employee organization as of December 31 of that renewal period, 126
200200 specifying the number of members who pay dues and the number of 127
201201 members who do not pay dues. 128
202202 (c) Documentation provided by the public employer 129
203203 verifying the information provided in paragraphs (a) and (b). 130
204204 (d) Documentation provided by the public employer 131
205205 verifying that it was provided a copy of the employee 132
206206 organization's application for renewal of registration. 133
207207 (4) An application for renewal of registration is 134
208208 incomplete and is not eligible for consideration by the 135
209209 commission if it does not include all of the information and 136
210210 documentation required in subsection (3). The c ommission shall 137
211211 notify the employee organization if the application is 138
212212 incomplete. An incomplete application must be dismissed if the 139
213213 required information and documentation are not provided within 140
214214 10 days after the employee organization receives such notic e. 141
215215 (5) Notwithstanding the provisions of this chapter 142
216216 relating to collective bargaining, an employee organization 143
217217 whose dues-paying membership is less than 50 percent of the 144
218218 employees eligible for representation in the bargaining unit 145
219219 must petition the commission pursuant to s. 447.307(2) and (3) 146
220220 for recertification as the bargaining agent within 1 month after 147
221221 the date on which the employee organization applies for renewal 148
222222 of registration pursuant to subsection (2). The certification of 149
223223 an employee organization that does not comply with this section 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 is revoked. 151
237237 (6) A public employer or bargaining unit employee may 152
238238 challenge an employee organization's application for renewal of 153
239239 registration if the public employer or bargaining unit employee 154
240240 believes that the application is inaccurate. The commission or 155
241241 its designated agent shall review the application to determine 156
242242 its accuracy and compliance with this section. If the commission 157
243243 finds that the application is inaccurate or does not comply with 158
244244 this section, the commission shall revoke the registration and 159
245245 certification of the employee organization. 160
246246 (7) Subsections (3) -(6) do not apply to an employee 161
247247 organization that has been certified as the bargaining agent to 162
248248 represent law enforcement officers, correctio nal officers, or 163
249249 correctional probation officers as those terms are defined in s. 164
250250 943.10(1), (2), or (3), respectively, or firefighters as defined 165
251251 in s. 633.102. 166
252252 Section 4. Paragraph (c) of subsection (4) of section 167
253253 1012.2315, Florida Statutes, is amen ded to read: 168
254254 1012.2315 Assignment of teachers. — 169
255255 (4) COLLECTIVE BARGAINING. — 170
256256 (c)1. In addition to the provisions under s. 447.305(2), 171
257257 an employee organization that has been certified as the 172
258258 bargaining agent for a unit of instructional personnel as 173
259259 defined in s. 1012.01(2) must include for each such certified 174
260260 bargaining unit the following information in its application for 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 renewal of registration: 176
274274 a. The number of employees in the bargaining unit who are 177
275275 eligible for representation by the employee org anization. 178
276276 b. The number of employees who are represented by the 179
277277 employee organization, specifying the number of members who pay 180
278278 dues and the number of members who do not pay dues. 181
279279 2. Notwithstanding the provisions of chapter 447 relating 182
280280 to collective bargaining, an employee organization whose dues 183
281281 paying membership is less than 50 percent of the employees 184
282282 eligible for representation in the unit, as identified in 185
283283 subparagraph 1., must petition the Public Employees Relations 186
284284 Commission pursuant to s. 44 7.307(2) and (3) for recertification 187
285285 as the exclusive representative of all employees in the unit 188
286286 within 1 month after the date on which the organization applies 189
287287 for renewal of registration pursuant to s. 447.305(2). The 190
288288 certification of an employee organi zation that does not comply 191
289289 with this paragraph is revoked. 192
290290 Section 5. For the purpose of incorporating the amendment 193
291291 made by this act to section 447.303, Florida Statutes, in a 194
292292 reference thereto, subsection (3) of section 110.114, Florida 195
293293 Statutes, is reenacted to read: 196
294294 110.114 Employee wage deductions. — 197
295295 (3) Notwithstanding the provisions of subsections (1) and 198
296296 (2), the deduction of an employee's membership dues deductions 199
297297 as defined in s. 447.203(15) for an employee organization as 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 defined in s. 447.203(11) shall be authorized or permitted only 201
311311 for an organization that has been certified as the exclusive 202
312312 bargaining agent pursuant to chapter 447 for a unit of state 203
313313 employees in which the employee is included. Such deductions 204
314314 shall be subject to the provisions of s. 447.303. 205
315315 Section 6. For the purpose of incorporating the amendment 206
316316 made by this act to section 447.303, Florida Statutes, in a 207
317317 reference thereto, paragraph (a) of subsection (6) of section 208
318318 447.507, Florida Statutes, is reenacted to read: 209
319319 447.507 Violation of strike prohibition; penalties. — 210
320320 (6)(a) If the commission determines that an employee 211
321321 organization has violated s. 447.505, it may: 212
322322 1. Issue cease and desist orders as necessary to ensure 213
323323 compliance with its order. 214
324324 2. Suspend or revoke the certification of the employee 215
325325 organization as the bargaining agent of such employee unit. 216
326326 3. Revoke the right of dues deduction and collection 217
327327 previously granted to said employee organization pursuant to s. 218
328328 447.303. 219
329329 4. Fine the organization up to $20,000 for each calendar 220
330330 day of such violation or determine the approximate cost to the 221
331331 public due to each calendar day of the strike and fine the 222
332332 organization an amount equal to such cost, notwithstanding the 223
333333 fact that the fine may excee d $20,000 for each such calendar 224
334334 day. The fines so collected shall immediately accrue to the 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 public employer and shall be used by him or her to replace those 226
348348 services denied the public as a result of the strike. In 227
349349 determining the amount of damages, if any , to be awarded to the 228
350350 public employer, the commission shall take into consideration 229
351351 any action or inaction by the public employer or its agents that 230
352352 provoked, or tended to provoke, the strike by the public 231
353353 employees. 232
354354 Section 7. This act shall take eff ect July 1, 2022. 233