HB 1197, Engrossed 1 2022
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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
A bill to be entitled 1
An act relating to employee organizations representing 2
public employees; amending s. 447.301, F.S.; requiring 3
that a public employee who desires to join an employee 4
organization sign a membership authorization form; 5
requiring that such form include a speci fied 6
acknowledgement; requiring an employee organization to 7
revoke a public employee's membership upon receipt of 8
his or her written request for revocation; prohibiting 9
a revocation form from requiring a reason for the 10
public employee's decision to revoke his or her 11
membership; providing nonapplicability with respect to 12
certain employee organizations; amending s. 447.303, 13
F.S.; prohibiting certain employee organizations from 14
having their dues and uniform assessments deducted and 15
collected by the employer fr om certain salaries; 16
authorizing public employees to pay their dues and 17
uniform assessments directly to the employee 18
organization; authorizing certain employee 19
organizations to have their dues and uniform 20
assessments deducted and collected by the employer 21
from certain salaries; amending s. 447.305, F.S.; 22
revising requirements for applications for renewal of 23
registration of an employee organization; providing 24
procedures for incomplete applications; requiring 25
HB 1197, Engrossed 1 2022
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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
certain employee organizations to petition the Pub lic 26
Employees Relations Commission for recertification as 27
bargaining agents; authorizing a public employer or 28
bargaining unit employee to challenge an employee 29
organization's application for renewal of 30
registration; requiring the commission or its 31
designated agent to review the application; requiring 32
the commission to revoke the registration and 33
certification of the employee organization in certain 34
circumstances; providing nonapplicability with respect 35
to certain employee organizations; amending s. 36
1012.2315, F.S.; removing duplicate provisions; 37
reenacting ss. 110.114(3) and 447.507(6)(a), F.S., 38
relating to employee wage deductions and violation of 39
strike prohibition and penalties, respectively, to 40
incorporate the amendment made to s. 447.303, F.S., in 41
references thereto; providing an effective date. 42
43
Be It Enacted by the Legislature of the State of Florida: 44
45
Section 1. Subsection (1) of section 447.301, Florida 46
Statutes, is amended to read: 47
447.301 Public employees' rights; organization and 48
representation.— 49
(1)(a) Public employees shall have the right to form, 50
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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
join, and participate in, or to refrain from forming, joining, 51
or participating in, any employee organization of their own 52
choosing. 53
(b)1. A public employee who desires to join an employee 54
organization must sign a membership authorization form with the 55
bargaining agent. The membership authorization form must contain 56
the following acknowledgment in bold letters and in at least a 57
14-point type: 58
59
I acknowledge and understand that Florida is a right-60
to-work state and that union membership is not 61
required as a condition of employment. I understand 62
that union membership and payment of union dues and 63
assessments are voluntary and that I may not be 64
discriminated against in any manner if I refuse to 65
join or financially support a union. 66
67
2. An employee organization must revoke a public 68
employee's membership upon receipt of his or her written request 69
for revocation. If a public employee must complete a form to 70
request revocation of membership from the employee organization, 71
the form may not require a reason for the public employee's 72
decision to revoke his or her membership. 73
3. This paragraph does not apply to members of an employee 74
organization that has been certified as a bargaining agent to 75
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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
represent law enforcement officers, correctional officers, or 76
correctional probation officers as those terms are defined in s. 77
943.10(1), (2), or (3), respectively, or firefighters as defined 78
in s. 633.102. 79
Section 2. Section 447.303, Florida Statutes, is ame nded 80
to read: 81
447.303 Dues; deduction and collection. — 82
(1) Except as authorized in subsection (2), an employee 83
organization that has been certified as a bargaining agent may 84
not have its dues and uniform assessments deducted and collected 85
by the employer from the salaries of those employees in the 86
unit. Public employees may pay their dues and uniform 87
assessments directly to the employee organization that has been 88
certified as their bargaining agent. 89
(2)(a) An Any employee organization that which has been 90
certified as a bargaining agent to represent law enforcement 91
officers, correctional officers, or correctional probation 92
officers as those terms are defined in s. 943.10(1), (2), or 93
(3), respectively, or firefighters as defined in s. 633.102 has 94
shall have the right to have its dues and uniform assessments 95
deducted and collected by the employer from the salaries of 96
those employees who authorize the deduction and collection of 97
said dues and uniform assessments. However, such authorization 98
is revocable at the employee's request upon 30 days' written 99
notice to the employer and employee organization. Said 100
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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
deductions shall commence upon the bargaining agent's written 101
request to the employer. 102
(b) Reasonable costs to the employer of said deductions is 103
shall be a proper subject of collective bargaining. 104
(c) Such right to deduction, unless revoked under pursuant 105
to s. 447.507, is shall be in force for so long as the employee 106
organization remains the certified bargaining agent for the 107
employees in the unit. 108
(3) The public employer is expressly prohibited from any 109
involvement in the collection of fines, penalties, or special 110
assessments. 111
Section 3. Subsections (3) and (4) of section 447.305, 112
Florida Statutes, are renumbered as subsections (8) and (9 ), 113
respectively, and new subsections (3) through (7) are added to 114
that section to read: 115
447.305 Registration of employee organization. — 116
(3) In addition to subsection (2), an employee 117
organization that has been certified as the bargaining agent for 118
public employees must include for each such certified bargaining 119
unit the following information and documentation in its 120
application for renewal of registration: 121
(a) The number of employees in the bargaining unit who are 122
eligible for representation by the em ployee organization as of 123
December 31 of that renewal period. 124
(b) The number of employees who are represented by the 125
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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
employee organization as of December 31 of that renewal period, 126
specifying the number of members who pay dues and the number of 127
members who do not pay dues. 128
(c) Documentation provided by the public employer 129
verifying the information provided in paragraphs (a) and (b). 130
(d) Documentation provided by the public employer 131
verifying that it was provided a copy of the employee 132
organization's application for renewal of registration. 133
(4) An application for renewal of registration is 134
incomplete and is not eligible for consideration by the 135
commission if it does not include all of the information and 136
documentation required in subsection (3). The c ommission shall 137
notify the employee organization if the application is 138
incomplete. An incomplete application must be dismissed if the 139
required information and documentation are not provided within 140
10 days after the employee organization receives such notic e. 141
(5) Notwithstanding the provisions of this chapter 142
relating to collective bargaining, an employee organization 143
whose dues-paying membership is less than 50 percent of the 144
employees eligible for representation in the bargaining unit 145
must petition the commission pursuant to s. 447.307(2) and (3) 146
for recertification as the bargaining agent within 1 month after 147
the date on which the employee organization applies for renewal 148
of registration pursuant to subsection (2). The certification of 149
an employee organization that does not comply with this section 150
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is revoked. 151
(6) A public employer or bargaining unit employee may 152
challenge an employee organization's application for renewal of 153
registration if the public employer or bargaining unit employee 154
believes that the application is inaccurate. The commission or 155
its designated agent shall review the application to determine 156
its accuracy and compliance with this section. If the commission 157
finds that the application is inaccurate or does not comply with 158
this section, the commission shall revoke the registration and 159
certification of the employee organization. 160
(7) Subsections (3) -(6) do not apply to an employee 161
organization that has been certified as the bargaining agent to 162
represent law enforcement officers, correctio nal officers, or 163
correctional probation officers as those terms are defined in s. 164
943.10(1), (2), or (3), respectively, or firefighters as defined 165
in s. 633.102. 166
Section 4. Paragraph (c) of subsection (4) of section 167
1012.2315, Florida Statutes, is amen ded to read: 168
1012.2315 Assignment of teachers. — 169
(4) COLLECTIVE BARGAINING. — 170
(c)1. In addition to the provisions under s. 447.305(2), 171
an employee organization that has been certified as the 172
bargaining agent for a unit of instructional personnel as 173
defined in s. 1012.01(2) must include for each such certified 174
bargaining unit the following information in its application for 175
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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
renewal of registration: 176
a. The number of employees in the bargaining unit who are 177
eligible for representation by the employee org anization. 178
b. The number of employees who are represented by the 179
employee organization, specifying the number of members who pay 180
dues and the number of members who do not pay dues. 181
2. Notwithstanding the provisions of chapter 447 relating 182
to collective bargaining, an employee organization whose dues 183
paying membership is less than 50 percent of the employees 184
eligible for representation in the unit, as identified in 185
subparagraph 1., must petition the Public Employees Relations 186
Commission pursuant to s. 44 7.307(2) and (3) for recertification 187
as the exclusive representative of all employees in the unit 188
within 1 month after the date on which the organization applies 189
for renewal of registration pursuant to s. 447.305(2). The 190
certification of an employee organi zation that does not comply 191
with this paragraph is revoked. 192
Section 5. For the purpose of incorporating the amendment 193
made by this act to section 447.303, Florida Statutes, in a 194
reference thereto, subsection (3) of section 110.114, Florida 195
Statutes, is reenacted to read: 196
110.114 Employee wage deductions. — 197
(3) Notwithstanding the provisions of subsections (1) and 198
(2), the deduction of an employee's membership dues deductions 199
as defined in s. 447.203(15) for an employee organization as 200
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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
defined in s. 447.203(11) shall be authorized or permitted only 201
for an organization that has been certified as the exclusive 202
bargaining agent pursuant to chapter 447 for a unit of state 203
employees in which the employee is included. Such deductions 204
shall be subject to the provisions of s. 447.303. 205
Section 6. For the purpose of incorporating the amendment 206
made by this act to section 447.303, Florida Statutes, in a 207
reference thereto, paragraph (a) of subsection (6) of section 208
447.507, Florida Statutes, is reenacted to rea d: 209
447.507 Violation of strike prohibition; penalties. — 210
(6)(a) If the commission determines that an employee 211
organization has violated s. 447.505, it may: 212
1. Issue cease and desist orders as necessary to ensure 213
compliance with its order. 214
2. Suspend or revoke the certification of the employee 215
organization as the bargaining agent of such employee unit. 216
3. Revoke the right of dues deduction and collection 217
previously granted to said employee organization pursuant to s. 218
447.303. 219
4. Fine the organizat ion up to $20,000 for each calendar 220
day of such violation or determine the approximate cost to the 221
public due to each calendar day of the strike and fine the 222
organization an amount equal to such cost, notwithstanding the 223
fact that the fine may exceed $20,0 00 for each such calendar 224
day. The fines so collected shall immediately accrue to the 225
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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
public employer and shall be used by him or her to replace those 226
services denied the public as a result of the strike. In 227
determining the amount of damages, if any, to be awarded to the 228
public employer, the commission shall take into consideration 229
any action or inaction by the public employer or its agents that 230
provoked, or tended to provoke, the strike by the public 231
employees. 232
Section 7. This act shall take effect July 1, 2022. 233