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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
a public employee who desires to be a member of an 4
employee organization to sign a membership 5
authorization form beginning on a specified date; 6
requiring that such form include certain information 7
and a specified statement; authorizing a public 8
employee to revoke membership in an employee 9
organization at any time of the year; requiring an 10
employee organization to revoke a public employee's 11
membership upon receipt of his or her written request 12
for revocation; prohibiting an employee organization 13
from limiting an employee's right to revoke membership 14
to certain dates; prohibiting a revocation form from 15
requiring a reason for the public employee's decis ion 16
to revoke his or her membership; requiring employee 17
organizations to retain such authorization forms and 18
requests for revocation for inspection by the Public 19
Employees Relations Commission; providing 20
applicability with respect to certain employee 21
organizations; authorizing the commission to adopt 22
rules; amending s. 447.207, F.S.; authorizing the 23
commission to waive certain provisions for specified 24
employee organizations under certain circumstances; 25
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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
amending s. 447.303, F.S.; prohibiting certain 26
employee organizations from having dues and uniform 27
assessments deducted and collected by the employer 28
from certain salaries; authorizing public employees to 29
pay dues and uniform assessments directly to the 30
employee organization; authorizing certain employee 31
organizations to have dues and uniform assessments 32
deducted and collected by the employer from certain 33
salaries; amending s. 447.305, F.S.; revising 34
requirements for applications for initial 35
registrations and renewals of registration of employee 36
organizations; providing procedures for incomplete 37
applications; requiring certain employee organizations 38
to petition the commission for recertification as 39
bargaining agents; authorizing a public employer or 40
bargaining unit employee to challenge an employee 41
organization's application for renewal of 42
registration; requiring the commission or one of its 43
designated agents to review the application for 44
renewal of registration; requiring the commission to 45
revoke the registration and certification of the 46
employee organization un der certain circumstances; 47
authorizing the commission to conduct investigations 48
for specified purposes; authorizing the commission to 49
revoke or deny an employee organization's registration 50
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or certification under certain circumstances; 51
specifying that certa in decisions issued by the 52
commission are reviewable final agency actions; 53
providing applicability with respect to certain 54
employee organizations; requiring certain employee 55
organizations to provide their members with an annual 56
audited financial report; re quiring employee 57
organizations to notify their members annually of all 58
costs of membership; amending s. 447.509, F.S.; 59
revising prohibitions for employee organizations and 60
certain persons acting on their behalf; amending s. 61
1012.2315, F.S.; removing duplic ative provisions; 62
reenacting ss. 110.114(3) and 447.507(6)(a), F.S., 63
relating to employee wage deductions and violation of 64
strike prohibition and penalties, respectively, to 65
incorporate the amendment made to s. 447.303, F.S., in 66
references thereto; providi ng effective dates. 67
68
Be It Enacted by the Legislature of the State of Florida: 69
70
Section 1. Subsection (1) of section 447.301, Florida 71
Statutes, is amended to read: 72
447.301 Public employees' rights; organization and 73
representation.— 74
(1)(a) Public employees shall have the right to form, 75
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join, and participate in, or to refrain from forming, joining, 76
or participating in, any employee organization of their own 77
choosing. 78
(b)1. Beginning July 1, 2023, a public employee who 79
desires to be a member of an employee organization must sign and 80
date a membership authorization form, as prescribed by the 81
commission, with the bargaining agent. 82
2. The membership authorization form must identify the 83
name of the bargaining agent, the name of the employee, the 84
class code and class title of the employee, the name of the 85
public employer and employing agency, if applicable, the amount 86
of the initiation fee and of the monthly dues which the member 87
must pay, and the name and total amount of salary, allowances, 88
and other direct or indirect disbursements, including 89
reimbursements, paid to each of the five highest compensated 90
officers and employees of the employee organization disclosed 91
under s. 447.305(2)(c). 92
3. The membership authorization form must contain the 93
following statement in 14-point type: 94
95
The State of Florida is a right -to-work state. 96
Membership or non-membership in a labor union is not 97
required as a condition of employment, and union 98
membership and payment of union dues and assessments 99
are voluntary. Each p erson has the right to join and 100
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pay dues to a labor union or to refrain from joining 101
and paying dues to a labor union. No employee may be 102
discriminated against in any manner for joining and 103
financially supporting a labor union or for refusing 104
to join or financially support a labor union. 105
106
4. A public employee may revoke membership in the employee 107
organization at any time of the year. Upon receipt of the 108
employee's written revocation of membership, the employee 109
organization must revoke a public employee's membership. The 110
employee organization may not limit an employee's right to 111
revoke membership to certain dates. If a public employee must 112
complete a form to revoke membership in the employee 113
organization, the form may not require a reason for the public 114
employee's decision to revoke his or her membership. 115
5. An employee organization must retain for inspection by 116
the commission such membership authorization forms and any 117
revocations. 118
6. This paragraph does not apply to members of an employee 119
organization that has been certified as a bargaining agent to 120
represent law enforcement officers, correctional officers, or 121
correctional probation officers as those terms are defined in s. 122
943.10(1), (2), or (3), respectively, or firefighters as defined 123
in s. 633.102. 124
7. The commission may adopt rules to implement this 125
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paragraph. 126
Section 2. Subsection (12) is added to section 447.207, 127
Florida Statutes, to read: 128
447.207 Commission; powers and duties. — 129
(12) Upon a petition by a public employer after it has 130
been notified by the Department of Labor that the public 131
employer's protective arrangement covering mass transit 132
employees does not meet the requirements of 49 U.S.C. s. 5333(b) 133
and would jeopardize the employer's continued eligibility to 134
receive Federal Transi t Administration funding, the commission 135
may waive, to the extent necessary for the public employer to 136
comply with the requirements of 49 U.S.C. s. 5333(b), any of the 137
following for an employee organization that has been certified 138
as a bargaining agent to represent mass transit employees: 139
(a) The prohibition on dues and assessment deductions 140
provided in s. 447.303(1). 141
(b) The requirement to petition the commission for 142
recertification. 143
(c) The revocation of certification provided in s. 144
447.305(6) and (7). 145
Section 3. Effective July 1, 2023, section 447.303, 146
Florida Statutes, is amended to read: 147
447.303 Dues; deduction and collection. — 148
(1) Except as authorized in subsection (2) or subject to a 149
waiver granted pursuant to s. 447.207(12)(a), an emplo yee 150
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organization that has been certified as a bargaining agent may 151
not have its dues and uniform assessments deducted and collected 152
by the employer from the salaries of those employees in the 153
unit. A public employee may pay dues and uniform assessments 154
directly to the employee organization that has been certified as 155
the bargaining agent. 156
(2)(a) An Any employee organization that which has been 157
certified as a bargaining agent to represent law enforcement 158
officers, correctional officers, or correctional prob ation 159
officers as those terms are defined in s. 943.10(1), (2), or 160
(3), respectively, or firefighters as defined in s. 633.102 has 161
shall have the right to have its dues and uniform assessments 162
deducted and collected by the employer from the salaries of 163
those employees who authorize the deduction and collection of 164
said dues and uniform assessments. However, such authorization 165
is revocable at the employee's request upon 30 days' written 166
notice to the employer and employee organization. Said 167
deductions shall commence upon the bargaining agent's written 168
request to the employer. 169
(b) Reasonable costs to the employer of said deductions is 170
shall be a proper subject of collective bargaining. 171
(c) Such right to deduction, unless revoked under pursuant 172
to s. 447.507, is shall be in force for so long as the employee 173
organization remains the certified bargaining agent for the 174
employees in the unit. 175
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(3) The public employer is expressly prohibited from any 176
involvement in the collection of fines, penalties, or special 177
assessments. 178
Section 4. Effective October 1, 2023, section 447.305, 179
Florida Statutes, is amended to read: 180
447.305 Registration of employee organization. — 181
(1) Every employee organization seeking to become a 182
certified bargaining agent for public emplo yees shall register 183
with the commission pursuant to the procedures set forth in s. 184
120.60 prior to requesting recognition by a public employer for 185
purposes of collective bargaining and prior to submitting a 186
petition to the commission requesting certificati on as an 187
exclusive bargaining agent. Further, if such employee 188
organization is not registered, it may not participate in a 189
representation hearing, participate in a representation 190
election, or be certified as an exclusive bargaining agent. The 191
application for registration required by this section shall be 192
under oath and in such form as the commission may prescribe and 193
shall include: 194
(a) The name and address of the organization and of any 195
parent organization or organization with which it is affiliated. 196
(b) The names and addresses of the principal officers and 197
all representatives of the organization. 198
(c) The amount of the initiation fee and of the monthly 199
dues which members must pay. 200
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(d) The current annual audited financial statement of the 201
organization. 202
(e) The name of its business agent, if any; if different 203
from the business agent, the name of its local agent for service 204
of process; and the addresses where such person or persons can 205
be reached. 206
(f) A pledge, in a form prescribed by the commission, that 207
the employee organization will conform to the laws of the state 208
and that it will accept members without regard to age, race, 209
sex, religion, or national origin. 210
(g) A copy of the current constitution and bylaws of the 211
employee organization. 212
(h) A copy of the current constitution and bylaws of the 213
state and national groups with which the employee organization 214
is affiliated or associated. In lieu of this provision, and upon 215
adoption of a rule by the commission, a state or national 216
affiliate or parent organization of any registering labor 217
organization may annually submit a copy of its current 218
constitution and bylaws. 219
(2) A registration granted to an employee organization 220
pursuant to the provisions of this section shall run for 1 year 221
from the date of issuance. A registration shall be renewed 222
annually by filing application for renewal under oath with the 223
commission, which application shall reflect any changes in the 224
information provided to the commission in conjunction with 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
employee organization's preceding application for registration 226
or previous renewal, whichever is applicable. Each application 227
for renewal of registration shall include a current annual 228
audited financial statement, certified by an independent 229
certified public accountant licensed u nder chapter 473 and 230
report, signed by the employee organization's its president and 231
treasurer or corresponding principal officers, containing the 232
following information in such detail as may be necessary 233
accurately to disclose its financial condition and o perations 234
for its preceding fiscal year and in such categories as the 235
commission may prescribe: 236
(a) Assets and liabilities at the beginning and end of the 237
fiscal year; 238
(b) Receipts of any kind and the sources thereof; 239
(c) Salary, allowances, and othe r direct or indirect 240
disbursements, including reimbursed expenses, to each officer 241
and also to each employee who, during such fiscal year, received 242
more than $10,000 in the aggregate from such employee 243
organization and any other employee organization affil iated with 244
it or with which it is affiliated or which is affiliated with 245
the same national or international employee organization; 246
(d) Direct and indirect loans made to any officer, 247
employee, or member which aggregated more than $250 during the 248
fiscal year, together with a statement of the purpose, security, 249
if any, and arrangements for repayment; and 250
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(e) Direct and indirect loans to any business enterprise, 251
together with a statement of the purpose, security, if any, and 252
arrangements for repayment. 253
(3) In addition to subsection (2), an employee 254
organization that has been certified as the bargaining agent for 255
public employees must include for each such certified bargaining 256
unit the following information and documentation as of the 30th 257
day immediately preceding the date of renewal in its application 258
for any renewal of registration on or after October 1, 2023: 259
(a) The number of employees in the bargaining unit who are 260
eligible for representation by the employee organization. 261
(b) The number of employees in the bargaining unit who 262
have submitted signed membership authorization forms without a 263
subsequent revocation of such membership. 264
(c) The number of employees in the bargaining unit who 265
paid dues to the employee organization. 266
(d) The number of employees in the bargaining unit who did 267
not pay dues to the employee organization. 268
(e) Documentation provided by an independent certified 269
public accountant retained by the employee organization which 270
verifies the information provided in paragraphs (a )-(d). 271
(4) The employee organization must provide a copy of its 272
application for renewal of registration relating to a public 273
employer's employees to the public employer on the same day the 274
application is submitted to the commission. 275
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(5) An application for renewal of registration is 276
incomplete and is not eligible for consideration by the 277
commission if it does not include all of the information and 278
documentation required in subsection (3). The commission shall 279
notify the employee organization if the appli cation is 280
incomplete. An incomplete application must be dismissed if the 281
required information and documentation are not provided within 282
10 days after the employee organization receives such notice. 283
(6) Notwithstanding the provisions of this chapter 284
relating to collective bargaining, an employee organization that 285
had less than 60 percent of the employees eligible for 286
representation in the bargaining unit pay dues during its last 287
registration period must petition the commission pursuant to s. 288
447.307(2) and (3) for recertification as the exclusive 289
representative of all employees in the bargaining unit within 1 290
month after the date on which the employee organization applies 291
for renewal of registration pursuant to subsection (2). The 292
certification of an employ ee organization that does not comply 293
with this section is revoked. 294
(7) The public employer or a bargaining unit employee may 295
challenge an employee organization's application for renewal of 296
registration if the public employer or bargaining unit employee 297
believes that the application is inaccurate. The commission or 298
one of its designated agents shall review the application to 299
determine its accuracy and compliance with this section. If the 300
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commission finds that the application is inaccurate or does not 301
comply with this section, the commission shall revoke the 302
registration and certification of the employee organization. 303
(8) The commission may conduct an investigation to confirm 304
the validity of any information submitted pursuant to this 305
section. The commissio n may revoke or deny an employee 306
organization's registration or certification if it finds that 307
the employee organization: 308
(a) Failed to cooperate with the investigation conducted 309
pursuant to this subsection; or 310
(b) Intentionally misrepresented the info rmation it 311
submitted pursuant to subsection (3). 312
313
A decision issued by the commission pursuant to this subsection 314
is a final agency action that is reviewable pursuant to s. 315
447.504. 316
(9) Subsections (3) -(8) do not apply to an employee 317
organization that ha s been certified as the bargaining agent to 318
represent law enforcement officers, correctional officers, or 319
correctional probation officers as those terms are defined in s. 320
943.10(1), (2), or (3), respectively, or firefighters as defined 321
in s. 633.102. 322
(10)(3) A registration fee shall accompany each 323
application filed with the commission. The amount charged for an 324
application for registration or renewal of registration shall 325
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not exceed $15. All such money collected by the commission shall 326
be deposited in the General Revenue Fund. 327
(11)(4) Every employee organization shall keep accurate 328
accounts of its income and expenses, which accounts shall be 329
open for inspection at all reasonable times by any member of the 330
organization or by the commission. In addition, each employee 331
organization that has been certified as a bargaining agent must 332
provide to its members an annual audited financial report that 333
includes a detailed breakdown of revenues and expenditures, and 334
an accounting of membership dues and assessments. Th e employee 335
organization must notify its members annually of all costs of 336
membership. 337
Section 5. Paragraphs (d) and (e) are added to subsection 338
(1) of section 447.509, Florida Statutes, to read: 339
447.509 Other unlawful acts. — 340
(1) Employee organizatio ns, their members, agents, or 341
representatives, or any persons acting on their behalf are 342
hereby prohibited from: 343
(d) Offering anything of value to a public officer as 344
defined in s. 112.313(1) which the public officer is prohibited 345
from accepting under s. 112.313(2). 346
(e) Offering any compensation, payment, or thing of value 347
to a public officer as defined in s. 112.313(1) which the public 348
officer is prohibited from accepting under s. 112.313(4). 349
Section 6. Effective October 1, 2023, paragraph (c) of 350
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subsection (4) of section 1012.2315, Florida Statutes, is 351
amended to read: 352
1012.2315 Assignment of teachers. — 353
(4) COLLECTIVE BARGAINING. — 354
(c)1. In addition to the provisions under s. 447.305(2), 355
an employee organization that has been certified as the 356
bargaining agent for a unit of instructional personnel as 357
defined in s. 1012.01(2) must include for each such certified 358
bargaining unit the following information in its application for 359
renewal of registration: 360
a. The number of employees in the bargaining unit who are 361
eligible for representation by the employee organization. 362
b. The number of employees who are represented by the 363
employee organization, specifying the number of members who pay 364
dues and the number of members who do not pay dues. 365
2. Notwithstanding the provisions of chapter 447 relating 366
to collective bargaining, an employee organization whose dues 367
paying membership is less than 50 percent of the employees 368
eligible for representation in the unit, as identified in 369
subparagraph 1., must petition the Public Employees Relations 370
Commission pursuant to s. 447.307(2) and (3) for recertification 371
as the exclusive representative of all employees in the unit 372
within 1 month after the date on which the organization applies 373
for renewal of registr ation pursuant to s. 447.305(2). The 374
certification of an employee organization that does not comply 375
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with this paragraph is revoked. 376
Section 7. Effective July 1, 2023, for the purpose of 377
incorporating the amendment made by this act to section 447.303, 378
Florida Statutes, in a reference thereto, subsection (3) of 379
section 110.114, Florida Statutes, is reenacted to read: 380
110.114 Employee wage deductions. — 381
(3) Notwithstanding the provisions of subsections (1) and 382
(2), the deduction of an employee's members hip dues deductions 383
as defined in s. 447.203(15) for an employee organization as 384
defined in s. 447.203(11) shall be authorized or permitted only 385
for an organization that has been certified as the exclusive 386
bargaining agent pursuant to chapter 447 for a uni t of state 387
employees in which the employee is included. Such deductions 388
shall be subject to the provisions of s. 447.303. 389
Section 8. Effective July 1, 2023, for the purpose of 390
incorporating the amendment made by this act to section 447.303, 391
Florida Statutes, in a reference thereto, paragraph (a) of 392
subsection (6) of section 447.507, Florida Statutes, is 393
reenacted to read: 394
447.507 Violation of strike prohibition; penalties. — 395
(6)(a) If the commission determines that an employee 396
organization has violat ed s. 447.505, it may: 397
1. Issue cease and desist orders as necessary to ensure 398
compliance with its order. 399
2. Suspend or revoke the certification of the employee 400
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organization as the bargaining agent of such employee unit. 401
3. Revoke the right of dues d eduction and collection 402
previously granted to said employee organization pursuant to s. 403
447.303. 404
4. Fine the organization up to $20,000 for each calendar 405
day of such violation or determine the approximate cost to the 406
public due to each calendar day of th e strike and fine the 407
organization an amount equal to such cost, notwithstanding the 408
fact that the fine may exceed $20,000 for each such calendar 409
day. The fines so collected shall immediately accrue to the 410
public employer and shall be used by him or her to replace those 411
services denied the public as a result of the strike. In 412
determining the amount of damages, if any, to be awarded to the 413
public employer, the commission shall take into consideration 414
any action or inaction by the public employer or its agent s that 415
provoked, or tended to provoke, the strike by the public 416
employees. 417
Section 9. Except as otherwise expressly provided in this 418
act, this act shall take effect upon becoming a law. 419