FL
Florida House Bill H1445

Florida 2023 Regular Session

Florida House Bill H1445 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 a public employee who desires to be a member of an 4
1818 employee organization to sign a membership 5
1919 authorization form beginning on a specified date; 6
20-requiring that such form include certain information 7
21-and a specified statement; authorizing a public 8
22-employee to revoke membership in an employee 9
23-organization at any time of the year; requiring an 10
24-employee organization to revoke a public employee's 11
25-membership upon receipt of his or her written request 12
26-for revocation; prohibiting an employee organization 13
27-from limiting an employee's right to revoke membership 14
28-to certain dates; prohibiting a revocation form from 15
29-requiring a reason for the public employee's decis ion 16
30-to revoke his or her membership; requiring employee 17
31-organizations to retain such authorization forms and 18
32-requests for revocation for inspection by the Public 19
33-Employees Relations Commission; providing 20
34-applicability with respect to certain employee 21
35-organizations; authorizing the commission to adopt 22
36-rules; amending s. 447.207, F.S.; authorizing the 23
37-commission to waive certain provisions for specified 24
38-employee organizations under certain circumstances; 25
20+requiring that such form include a specified 7
21+statement; authorizing a public employee to revoke 8
22+membership in an employee organization at any time of 9
23+the year; requiring an employee organization to revoke 10
24+a public employee's membership upon receipt of his or 11
25+her written request for revocation; prohibiting an 12
26+employee organization from limiting an employee's 13
27+right to revoke membership to certain dates; 14
28+prohibiting a revocation form from requiring a reason 15
29+for the public employee's decision to revoke his or 16
30+her membership; requiring employee organizations to 17
31+retain such authorization forms and requests for 18
32+revocation for inspection by the Public Employees 19
33+Relations Commission; providing applicability with 20
34+respect to certain employee organizations; authorizing 21
35+the commission to adopt rules; amending s. 447.303, 22
36+F.S.; prohibiting certain employee organizations from 23
37+having dues and uniform assessments deducted and 24
38+collected by the employer from certain salaries; 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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51-amending s. 447.303, F.S.; prohibiting certain 26
52-employee organizations from having dues and uniform 27
53-assessments deducted and collected by the employer 28
54-from certain salaries; authorizing public employees to 29
55-pay dues and uniform assessments directly to the 30
56-employee organization; authorizing certain employee 31
57-organizations to have dues and uniform assessments 32
58-deducted and collected by the employer from certain 33
59-salaries; amending s. 447.305, F.S.; revising 34
60-requirements for applications for initial 35
61-registrations and renewals of registration of employee 36
62-organizations; providing procedures for incomplete 37
63-applications; requiring certain employee organizations 38
64-to petition the commission for recertification as 39
65-bargaining agents; authorizing a public employer or 40
66-bargaining unit employee to challenge an employee 41
67-organization's application for renewal of 42
68-registration; requiring the commission or one of its 43
69-designated agents to review the application for 44
70-renewal of registration; requiring the commission to 45
71-revoke the registration and certification of the 46
72-employee organization un der certain circumstances; 47
73-authorizing the commission to conduct investigations 48
74-for specified purposes; authorizing the commission to 49
75-revoke or deny an employee organization's registration 50
51+authorizing public employees to pay dues and uniform 26
52+assessments directly to the employee organization; 27
53+authorizing certain employee organizations to have 28
54+dues and uniform assessments deducted and collected by 29
55+the employer from certain salaries; amending s. 30
56+447.305, F.S.; revising requirements for application s 31
57+for initial registrations and renewals of registration 32
58+of employee organizations; providing procedures for 33
59+incomplete applications; requiring certain employee 34
60+organizations to petition the commission for 35
61+recertification as bargaining agents; authorizing a 36
62+public employer or bargaining unit employee to 37
63+challenge an employee organization's application for 38
64+renewal of registration; requiring the commission or 39
65+one of its designated agents to review the 40
66+application; requiring the commission to revoke the 41
67+registration and certification of the employee 42
68+organization in certain circumstances; authorizing the 43
69+commission to conduct investigations for specified 44
70+purposes; authorizing the commission to revoke or deny 45
71+an employee organization's registration or 46
72+certification under certain circumstances; specifying 47
73+that certain decisions issued by the commission are 48
74+reviewable final agency actions; providing 49
75+applicability with respect to certain employee 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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88-or certification under certain circumstances; 51
89-specifying that certa in decisions issued by the 52
90-commission are reviewable final agency actions; 53
91-providing applicability with respect to certain 54
92-employee organizations; requiring certain employee 55
93-organizations to provide their members with an annual 56
94-audited financial report; re quiring employee 57
95-organizations to notify their members annually of all 58
96-costs of membership; amending s. 447.509, F.S.; 59
97-revising prohibitions for employee organizations and 60
98-certain persons acting on their behalf; amending s. 61
99-1012.2315, F.S.; removing duplic ative provisions; 62
100-reenacting ss. 110.114(3) and 447.507(6)(a), F.S., 63
101-relating to employee wage deductions and violation of 64
102-strike prohibition and penalties, respectively, to 65
103-incorporate the amendment made to s. 447.303, F.S., in 66
104-references thereto; providi ng effective dates. 67
105- 68
106-Be It Enacted by the Legislature of the State of Florida: 69
107- 70
108- Section 1. Subsection (1) of section 447.301, Florida 71
109-Statutes, is amended to read: 72
110- 447.301 Public employees' rights; organization and 73
111-representation.— 74
112- (1)(a) Public employees shall have the right to form, 75
88+organizations; requiring certain employee 51
89+organizations to provide its members with an annual 52
90+audited financial report; requiring employee 53
91+organizations to notify its members annually of all 54
92+costs of membership; amending s. 447.509, F.S; 55
93+revising prohibitions for employee organizations and 56
94+certain persons and entities relatin g to employee 57
95+organizations; amending s. 1012.2315, F.S.; removing 58
96+duplicative provisions; reenacting ss. 110.114(3) and 59
97+447.507(6)(a), F.S., relating to employee wage 60
98+deductions and violation of strike prohibition and 61
99+penalties, respectively, to incorpora te the amendment 62
100+made to s. 447.303, F.S., in references thereto; 63
101+providing effective dates. 64
102+ 65
103+Be It Enacted by the Legislature of the State of Florida: 66
104+ 67
105+ Section 1. Subsection (1) of section 447.301, Florida 68
106+Statutes, is amended to read: 69
107+ 447.301 Public employees' rights; organization and 70
108+representation.— 71
109+ (1)(a) Public employees shall have the right to form, 72
110+join, and participate in, or to refrain from forming, joining, 73
111+or participating in, any employee organization of their own 74
112+choosing. 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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125-join, and participate in, or to refrain from forming, joining, 76
126-or participating in, any employee organization of their own 77
127-choosing. 78
128- (b)1. Beginning July 1, 2023, a public employee who 79
129-desires to be a member of an employee organization must sign and 80
130-date a membership authorization form, as prescribed by the 81
131-commission, with the bargaining agent. 82
132- 2. The membership authorization form must identify the 83
133-name of the bargaining agent, the name of the employee, the 84
134-class code and class title of the employee, the name of the 85
135-public employer and employing agency, if applicable, the amount 86
136-of the initiation fee and of the monthly dues which the member 87
137-must pay, and the name and total amount of salary, allowances, 88
138-and other direct or indirect disbursements, including 89
139-reimbursements, paid to each of the five highest compensated 90
140-officers and employees of the employee organization disclosed 91
141-under s. 447.305(2)(c). 92
142- 3. The membership authorization form must contain the 93
143-following statement in 14-point type: 94
144- 95
145-The State of Florida is a right -to-work state. 96
146-Membership or non-membership in a labor union is not 97
147-required as a condition of employment, and union 98
148-membership and payment of union dues and assessments 99
149-are voluntary. Each p erson has the right to join and 100
125+ (b)1. Beginning July 1, 2023, a public employee who 76
126+desires to be a member of an employee organization must sign and 77
127+date a membership authorization form, as prescribed by the 78
128+commission, with the bargaining agent. 79
129+ 2. The membership authorization form must ide ntify the 80
130+name of the bargaining agent, the name of the employee, the 81
131+class code and class title of the employee, the name of the 82
132+public employer and employing agency, if applicable, and the 83
133+amount of the initiation fee and of the monthly dues which the 84
134+member must pay. 85
135+ 3. The membership authorization form must contain the 86
136+following statement in 14 -point type: 87
137+ 88
138+The State of Florida is a right -to-work state. 89
139+Membership or non-membership in a labor union is not 90
140+required as a condition of employment, and uni on 91
141+membership and payment of union dues and assessments 92
142+are voluntary. Each person has the right to join and 93
143+pay dues to a labor union or to refrain from joining 94
144+and paying dues to a labor union. No employee may be 95
145+discriminated against in any manner for j oining and 96
146+financially supporting a labor union or for refusing 97
147+to join or financially support a labor union. 98
148+ 99
149+ 4. A public employee may revoke membership in the employee 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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162-pay dues to a labor union or to refrain from joining 101
163-and paying dues to a labor union. No employee may be 102
164-discriminated against in any manner for joining and 103
165-financially supporting a labor union or for refusing 104
166-to join or financially support a labor union. 105
167- 106
168- 4. A public employee may revoke membership in the employee 107
169-organization at any time of the year. Upon receipt of the 108
170-employee's written revocation of membership, the employee 109
171-organization must revoke a public employee's membership. The 110
172-employee organization may not limit an employee's right to 111
173-revoke membership to certain dates. If a public employee must 112
174-complete a form to revoke membership in the employee 113
175-organization, the form may not require a reason for the public 114
176-employee's decision to revoke his or her membership. 115
177- 5. An employee organization must retain for inspection by 116
178-the commission such membership authorization forms and any 117
179-revocations. 118
180- 6. This paragraph does not apply to members of an employee 119
181-organization that has been certified as a bargaining agent to 120
182-represent law enforcement officers, correctional officers, or 121
183-correctional probation officers as those terms are defined in s. 122
184-943.10(1), (2), or (3), respectively, or firefighters as defined 123
185-in s. 633.102. 124
186- 7. The commission may adopt rules to implement this 125
162+organization at any time of the year. Upon receipt of the 101
163+employee's written revocat ion of membership, the employee 102
164+organization must revoke a public employee's membership. The 103
165+employee organization may not limit an employee's right to 104
166+revoke membership to certain dates. If a public employee must 105
167+complete a form to revoke membership in th e employee 106
168+organization, the form may not require a reason for the public 107
169+employee's decision to revoke his or her membership. 108
170+ 5. An employee organization must retain for inspection by 109
171+the commission such membership authorization forms and any 110
172+revocations. 111
173+ 6. This paragraph does not apply to members of an employee 112
174+organization that has been certified as a bargaining agent to 113
175+represent law enforcement officers, correctional officers, or 114
176+correctional probation officers as those terms are defined in s. 115
177+943.10(1), (2), or (3), respectively, or firefighters as defined 116
178+in s. 633.102. 117
179+ 7. The commission may adopt rules to implement this 118
180+paragraph. 119
181+ Section 2. Effective July 1, 2023, section 447.303, 120
182+Florida Statutes, is amended to read: 121
183+ 447.303 Dues; deduction and collection. — 122
184+ (1) Except as authorized in subsection (2), an employee 123
185+organization that has been certified as a bargaining agent may 124
186+not have its dues and uniform assessments deducted and collected 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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199-paragraph. 126
200- Section 2. Subsection (12) is added to section 447.207, 127
201-Florida Statutes, to read: 128
202- 447.207 Commission; powers and duties. — 129
203- (12) Upon a petition by a public employer after it has 130
204-been notified by the Department of Labor that the public 131
205-employer's protective arrangement covering mass transit 132
206-employees does not meet the requirements of 49 U.S.C. s. 5333(b) 133
207-and would jeopardize the employer's continued eligibility to 134
208-receive Federal Transi t Administration funding, the commission 135
209-may waive, to the extent necessary for the public employer to 136
210-comply with the requirements of 49 U.S.C. s. 5333(b), any of the 137
211-following for an employee organization that has been certified 138
212-as a bargaining agent to represent mass transit employees: 139
213- (a) The prohibition on dues and assessment deductions 140
214-provided in s. 447.303(1). 141
215- (b) The requirement to petition the commission for 142
216-recertification. 143
217- (c) The revocation of certification provided in s. 144
218-447.305(6) and (7). 145
219- Section 3. Effective July 1, 2023, section 447.303, 146
220-Florida Statutes, is amended to read: 147
221- 447.303 Dues; deduction and collection. — 148
222- (1) Except as authorized in subsection (2) or subject to a 149
223-waiver granted pursuant to s. 447.207(12)(a), an emplo yee 150
199+by the employer from the salaries of those employees in the 126
200+unit. A public employee may pay dues and uniform assessments 127
201+directly to the employee organization that has been certified as 128
202+the bargaining agent. 129
203+ (2)(a) An Any employee organization that which has been 130
204+certified as a bargaining agent to represent law enforcement 131
205+officers, correctional officers, or correctional probation 132
206+officers as those terms are defined in s. 943.10(1), (2), or 133
207+(3), respectively, or firefighters as defined in s. 633.102 has 134
208+shall have the right to have its dues and un iform assessments 135
209+deducted and collected by the employer from the salaries of 136
210+those employees who authorize the deduction and collection of 137
211+said dues and uniform assessments. However, such authorization 138
212+is revocable at the employee's request upon 30 days' written 139
213+notice to the employer and employee organization. Said 140
214+deductions shall commence upon the bargaining agent's written 141
215+request to the employer. 142
216+ (b) Reasonable costs to the employer of said deductions is 143
217+shall be a proper subject of collective barga ining. 144
218+ (c) Such right to deduction, unless revoked under pursuant 145
219+to s. 447.507, is shall be in force for so long as the employee 146
220+organization remains the certified bargaining agent for the 147
221+employees in the unit. 148
222+ (3) The public employer is expressly pr ohibited from any 149
223+involvement in the collection of fines, penalties, or special 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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236-organization that has been certified as a bargaining agent may 151
237-not have its dues and uniform assessments deducted and collected 152
238-by the employer from the salaries of those employees in the 153
239-unit. A public employee may pay dues and uniform assessments 154
240-directly to the employee organization that has been certified as 155
241-the bargaining agent. 156
242- (2)(a) An Any employee organization that which has been 157
243-certified as a bargaining agent to represent law enforcement 158
244-officers, correctional officers, or correctional prob ation 159
245-officers as those terms are defined in s. 943.10(1), (2), or 160
246-(3), respectively, or firefighters as defined in s. 633.102 has 161
247-shall have the right to have its dues and uniform assessments 162
248-deducted and collected by the employer from the salaries of 163
249-those employees who authorize the deduction and collection of 164
250-said dues and uniform assessments. However, such authorization 165
251-is revocable at the employee's request upon 30 days' written 166
252-notice to the employer and employee organization. Said 167
253-deductions shall commence upon the bargaining agent's written 168
254-request to the employer. 169
255- (b) Reasonable costs to the employer of said deductions is 170
256-shall be a proper subject of collective bargaining. 171
257- (c) Such right to deduction, unless revoked under pursuant 172
258-to s. 447.507, is shall be in force for so long as the employee 173
259-organization remains the certified bargaining agent for the 174
260-employees in the unit. 175
236+assessments. 151
237+ Section 3. Effective October 1, 2023, section 447.305, 152
238+Florida Statutes, is amended to read: 153
239+ 447.305 Registration of employee organization. — 154
240+ (1) Every employee organization seeking to become a 155
241+certified bargaining agent for public employees shall register 156
242+with the commission pursuant to the procedures set forth in s. 157
243+120.60 prior to requesting recognition by a public employer for 158
244+purposes of collective barga ining and prior to submitting a 159
245+petition to the commission requesting certification as an 160
246+exclusive bargaining agent. Further, if such employee 161
247+organization is not registered, it may not participate in a 162
248+representation hearing, participate in a representat ion 163
249+election, or be certified as an exclusive bargaining agent. The 164
250+application for registration required by this section shall be 165
251+under oath and in such form as the commission may prescribe and 166
252+shall include: 167
253+ (a) The name and address of the organization and of any 168
254+parent organization or organization with which it is affiliated. 169
255+ (b) The names and addresses of the principal officers and 170
256+all representatives of the organization. 171
257+ (c) The amount of the initiation fee and of the monthly 172
258+dues which members m ust pay. 173
259+ (d) The current annual audited financial statement of the 174
260+organization. 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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273- (3) The public employer is expressly prohibited from any 176
274-involvement in the collection of fines, penalties, or special 177
275-assessments. 178
276- Section 4. Effective October 1, 2023, section 447.305, 179
277-Florida Statutes, is amended to read: 180
278- 447.305 Registration of employee organization. — 181
279- (1) Every employee organization seeking to become a 182
280-certified bargaining agent for public emplo yees shall register 183
281-with the commission pursuant to the procedures set forth in s. 184
282-120.60 prior to requesting recognition by a public employer for 185
283-purposes of collective bargaining and prior to submitting a 186
284-petition to the commission requesting certificati on as an 187
285-exclusive bargaining agent. Further, if such employee 188
286-organization is not registered, it may not participate in a 189
287-representation hearing, participate in a representation 190
288-election, or be certified as an exclusive bargaining agent. The 191
289-application for registration required by this section shall be 192
290-under oath and in such form as the commission may prescribe and 193
291-shall include: 194
292- (a) The name and address of the organization and of any 195
293-parent organization or organization with which it is affiliated. 196
294- (b) The names and addresses of the principal officers and 197
295-all representatives of the organization. 198
296- (c) The amount of the initiation fee and of the monthly 199
297-dues which members must pay. 200
273+ (e) The name of its business agent, if any; if different 176
274+from the business agent, the name of its local agent for service 177
275+of process; and the addresses where such person o r persons can 178
276+be reached. 179
277+ (f) A pledge, in a form prescribed by the commission, that 180
278+the employee organization will conform to the laws of the state 181
279+and that it will accept members without regard to age, race, 182
280+sex, religion, or national origin. 183
281+ (g) A copy of the current constitution and bylaws of the 184
282+employee organization. 185
283+ (h) A copy of the current constitution and bylaws of the 186
284+state and national groups with which the employee organization 187
285+is affiliated or associated. In lieu of this provision, and u pon 188
286+adoption of a rule by the commission, a state or national 189
287+affiliate or parent organization of any registering labor 190
288+organization may annually submit a copy of its current 191
289+constitution and bylaws. 192
290+ (i) A pledge, in a form prescribed by the commission, that 193
291+the annual salary of an official of the employee organization 194
292+will not exceed the highest salary of any employee member in its 195
293+organization. This paragraph does not apply to an employee 196
294+organization that has been certified as the bargaining agent to 197
295+represent law enforcement officers, correctional officers, or 198
296+correctional probation officers as those terms are defined in s. 199
297+943.10(1), (2), or (3), respectively, or firefighters as defined 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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310- (d) The current annual audited financial statement of the 201
311-organization. 202
312- (e) The name of its business agent, if any; if different 203
313-from the business agent, the name of its local agent for service 204
314-of process; and the addresses where such person or persons can 205
315-be reached. 206
316- (f) A pledge, in a form prescribed by the commission, that 207
317-the employee organization will conform to the laws of the state 208
318-and that it will accept members without regard to age, race, 209
319-sex, religion, or national origin. 210
320- (g) A copy of the current constitution and bylaws of the 211
321-employee organization. 212
322- (h) A copy of the current constitution and bylaws of the 213
323-state and national groups with which the employee organization 214
324-is affiliated or associated. In lieu of this provision, and upon 215
325-adoption of a rule by the commission, a state or national 216
326-affiliate or parent organization of any registering labor 217
327-organization may annually submit a copy of its current 218
328-constitution and bylaws. 219
329- (2) A registration granted to an employee organization 220
330-pursuant to the provisions of this section shall run for 1 year 221
331-from the date of issuance. A registration shall be renewed 222
332-annually by filing application for renewal under oath with the 223
333-commission, which application shall reflect any changes in the 224
334-information provided to the commission in conjunction with the 225
310+in s. 633.102. 201
311+ (2) A registration granted to an employee organi zation 202
312+pursuant to the provisions of this section shall run for 1 year 203
313+from the date of issuance. A registration shall be renewed 204
314+annually by filing application for renewal under oath with the 205
315+commission, which application shall reflect any changes in the 206
316+information provided to the commission in conjunction with the 207
317+employee organization's preceding application for registration 208
318+or previous renewal, whichever is applicable. Each application 209
319+for renewal of registration shall include a current annual 210
320+audited financial statement, certified by an independent 211
321+certified public accountant licensed under chapter 473 and 212
322+report, signed by the employee organization's its president and 213
323+treasurer or corresponding principal officers, containing the 214
324+following information in such detail as may be necessary 215
325+accurately to disclose its financial condition and operations 216
326+for its preceding fiscal year and in such categories as the 217
327+commission may prescribe: 218
328+ (a) Assets and liabilities at the beginning and end of the 219
329+fiscal year; 220
330+ (b) Receipts of any kind and the sources thereof; 221
331+ (c) Salary, allowances, and other direct or indirect 222
332+disbursements, including reimbursed expenses, to each officer 223
333+and also to each employee who, during such fiscal year, received 224
334+more than $10,000 in the aggregate from such employee 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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347-employee organization's preceding application for registration 226
348-or previous renewal, whichever is applicable. Each application 227
349-for renewal of registration shall include a current annual 228
350-audited financial statement, certified by an independent 229
351-certified public accountant licensed u nder chapter 473 and 230
352-report, signed by the employee organization's its president and 231
353-treasurer or corresponding principal officers, containing the 232
354-following information in such detail as may be necessary 233
355-accurately to disclose its financial condition and o perations 234
356-for its preceding fiscal year and in such categories as the 235
357-commission may prescribe: 236
358- (a) Assets and liabilities at the beginning and end of the 237
359-fiscal year; 238
360- (b) Receipts of any kind and the sources thereof; 239
361- (c) Salary, allowances, and othe r direct or indirect 240
362-disbursements, including reimbursed expenses, to each officer 241
363-and also to each employee who, during such fiscal year, received 242
364-more than $10,000 in the aggregate from such employee 243
365-organization and any other employee organization affil iated with 244
366-it or with which it is affiliated or which is affiliated with 245
367-the same national or international employee organization; 246
368- (d) Direct and indirect loans made to any officer, 247
369-employee, or member which aggregated more than $250 during the 248
370-fiscal year, together with a statement of the purpose, security, 249
371-if any, and arrangements for repayment; and 250
347+organization and any other employee organization affiliated with 226
348+it or with which it is affiliated or which is affiliated with 227
349+the same national or international employee organization; 228
350+ (d) Direct and indirect loans made t o any officer, 229
351+employee, or member which aggregated more than $250 during the 230
352+fiscal year, together with a statement of the purpose, security, 231
353+if any, and arrangements for repayment; and 232
354+ (e) Direct and indirect loans to any business enterprise, 233
355+together with a statement of the purpose, security, if any, and 234
356+arrangements for repayment. 235
357+ (3) In addition to subsection (2), an employee 236
358+organization that has been certified as the bargaining agent for 237
359+public employees must include for each such certified barga ining 238
360+unit the following information and documentation as of the 30th 239
361+day immediately preceding the date of renewal in its application 240
362+for any renewal of registration on or after October 1, 2023: 241
363+ (a) The number of employees in the bargaining unit who are 242
364+eligible for representation by the employee organization. 243
365+ (b) The number of employees in the bargaining unit who 244
366+have submitted signed membership authorization forms without a 245
367+subsequent revocation of such membership. 246
368+ (c) The number of employees in the bargaining unit who 247
369+paid dues to the employee organization. 248
370+ (d) The number of employees in the bargaining unit who did 249
371+not pay dues to the employee organization. 250
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380380 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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384- (e) Direct and indirect loans to any business enterprise, 251
385-together with a statement of the purpose, security, if any, and 252
386-arrangements for repayment. 253
387- (3) In addition to subsection (2), an employee 254
388-organization that has been certified as the bargaining agent for 255
389-public employees must include for each such certified bargaining 256
390-unit the following information and documentation as of the 30th 257
391-day immediately preceding the date of renewal in its application 258
392-for any renewal of registration on or after October 1, 2023: 259
393- (a) The number of employees in the bargaining unit who are 260
394-eligible for representation by the employee organization. 261
395- (b) The number of employees in the bargaining unit who 262
396-have submitted signed membership authorization forms without a 263
397-subsequent revocation of such membership. 264
398- (c) The number of employees in the bargaining unit who 265
399-paid dues to the employee organization. 266
400- (d) The number of employees in the bargaining unit who did 267
401-not pay dues to the employee organization. 268
402- (e) Documentation provided by an independent certified 269
403-public accountant retained by the employee organization which 270
404-verifies the information provided in paragraphs (a )-(d). 271
405- (4) The employee organization must provide a copy of its 272
406-application for renewal of registration relating to a public 273
407-employer's employees to the public employer on the same day the 274
408-application is submitted to the commission. 275
384+ (e) Documentation provided by the public employer 251
385+verifying the information provided in paragraph (a). 252
386+ (f) Documentation provided by an independent certified 253
387+public accountant retained by the employee organization which 254
388+verifies the information provided in paragraphs (b), (c), and 255
389+(d). 256
390+ (4) The employee organization must provide a copy of its 257
391+application for renewal of registration relating to a public 258
392+employer's employees to the public employer on the same day the 259
393+application is submitted to the commission. 260
394+ (5) An application for renewal of registration is 261
395+incomplete and is not eligib le for consideration by the 262
396+commission if it does not include all of the information and 263
397+documentation required in subsection (3). The commission shall 264
398+notify the employee organization if the application is 265
399+incomplete. An incomplete application must be dis missed if the 266
400+required information and documentation are not provided within 267
401+10 days after the employee organization receives such notice. 268
402+ (6) Notwithstanding the provisions of this chapter 269
403+relating to collective bargaining, an employee organization that 270
404+had less than 60 percent of the employees eligible for 271
405+representation in the bargaining unit pay dues during its last 272
406+registration period must petition the commission pursuant to s. 273
407+447.307(2) and (3) for recertification as the exclusive 274
408+representative of all employees in the bargaining unit within 1 275
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417417 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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421- (5) An application for renewal of registration is 276
422-incomplete and is not eligible for consideration by the 277
423-commission if it does not include all of the information and 278
424-documentation required in subsection (3). The commission shall 279
425-notify the employee organization if the appli cation is 280
426-incomplete. An incomplete application must be dismissed if the 281
427-required information and documentation are not provided within 282
428-10 days after the employee organization receives such notice. 283
429- (6) Notwithstanding the provisions of this chapter 284
430-relating to collective bargaining, an employee organization that 285
431-had less than 60 percent of the employees eligible for 286
432-representation in the bargaining unit pay dues during its last 287
433-registration period must petition the commission pursuant to s. 288
434-447.307(2) and (3) for recertification as the exclusive 289
435-representative of all employees in the bargaining unit within 1 290
436-month after the date on which the employee organization applies 291
437-for renewal of registration pursuant to subsection (2). The 292
438-certification of an employ ee organization that does not comply 293
439-with this section is revoked. 294
440- (7) The public employer or a bargaining unit employee may 295
441-challenge an employee organization's application for renewal of 296
442-registration if the public employer or bargaining unit employee 297
443-believes that the application is inaccurate. The commission or 298
444-one of its designated agents shall review the application to 299
445-determine its accuracy and compliance with this section. If the 300
421+month after the date on which the employee organization applies 276
422+for renewal of registration pursuant to subsection (2). The 277
423+certification of an employee organization that does not comply 278
424+with this section is r evoked. 279
425+ (7) The public employer or a bargaining unit employee may 280
426+challenge an employee organization's application for renewal of 281
427+registration if the public employer or bargaining unit employee 282
428+believes that the application is inaccurate. The commission or 283
429+one of its designated agents shall review the application to 284
430+determine its accuracy and compliance with this section. If the 285
431+commission finds that the application is inaccurate or does not 286
432+comply with this section, the commission shall revoke the 287
433+registration and certification of the employee organization. 288
434+ (8) The commission may conduct an investigation to confirm 289
435+the validity of any information submitted pursuant to this 290
436+section. The commission may revoke or deny an employee 291
437+organization's registratio n or certification if it finds that 292
438+the employee organization: 293
439+ (a) Failed to cooperate with the investigation conducted 294
440+pursuant to this subsection; or 295
441+ (b) Intentionally misrepresented the information it 296
442+submitted pursuant to subsection (3). 297
443+ 298
444+A decision issued by the commission pursuant to this subsection 299
445+is a final agency action that is reviewable pursuant to s. 300
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454454 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
455455
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457457
458-commission finds that the application is inaccurate or does not 301
459-comply with this section, the commission shall revoke the 302
460-registration and certification of the employee organization. 303
461- (8) The commission may conduct an investigation to confirm 304
462-the validity of any information submitted pursuant to this 305
463-section. The commissio n may revoke or deny an employee 306
464-organization's registration or certification if it finds that 307
465-the employee organization: 308
466- (a) Failed to cooperate with the investigation conducted 309
467-pursuant to this subsection; or 310
468- (b) Intentionally misrepresented the info rmation it 311
469-submitted pursuant to subsection (3). 312
470- 313
471-A decision issued by the commission pursuant to this subsection 314
472-is a final agency action that is reviewable pursuant to s. 315
473-447.504. 316
474- (9) Subsections (3) -(8) do not apply to an employee 317
475-organization that ha s been certified as the bargaining agent to 318
476-represent law enforcement officers, correctional officers, or 319
477-correctional probation officers as those terms are defined in s. 320
478-943.10(1), (2), or (3), respectively, or firefighters as defined 321
479-in s. 633.102. 322
480- (10)(3) A registration fee shall accompany each 323
481-application filed with the commission. The amount charged for an 324
482-application for registration or renewal of registration shall 325
458+447.504. 301
459+ (9) Subsections (3) -(8) do not apply to an employee 302
460+organization that has been certified as the bargaining agent to 303
461+represent law enforcement officers, correctional officers, or 304
462+correctional probation officers as those terms are defined in s. 305
463+943.10(1), (2), or (3), respectively, or firefighters as defined 306
464+in s. 633.102. 307
465+ (10)(3) A registration fee shall accompany each 308
466+application filed with the commission. The amount charged for an 309
467+application for registration or renewal of registration shall 310
468+not exceed $15. All such money collected by the commission shall 311
469+be deposited in the General Revenue Fund. 312
470+ (11)(4) Every employee organizatio n shall keep accurate 313
471+accounts of its income and expenses, which accounts shall be 314
472+open for inspection at all reasonable times by any member of the 315
473+organization or by the commission. In addition, each employee 316
474+organization that has been certified as a barg aining agent must 317
475+provide to its members an annual audited financial report that 318
476+includes a detailed breakdown of revenues and expenditures, and 319
477+an accounting of membership dues and assessments. The employee 320
478+organization must notify its members annually of all costs of 321
479+membership. 322
480+ Section 4. Paragraph (b) of subsection (1) of section 323
481+447.509, Florida Statutes, is amended, and paragraphs (d) and 324
482+(e) are added to that subsection, to read: 325
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491491 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
492492
493493
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495-not exceed $15. All such money collected by the commission shall 326
496-be deposited in the General Revenue Fund. 327
497- (11)(4) Every employee organization shall keep accurate 328
498-accounts of its income and expenses, which accounts shall be 329
499-open for inspection at all reasonable times by any member of the 330
500-organization or by the commission. In addition, each employee 331
501-organization that has been certified as a bargaining agent must 332
502-provide to its members an annual audited financial report that 333
503-includes a detailed breakdown of revenues and expenditures, and 334
504-an accounting of membership dues and assessments. Th e employee 335
505-organization must notify its members annually of all costs of 336
506-membership. 337
507- Section 5. Paragraphs (d) and (e) are added to subsection 338
508-(1) of section 447.509, Florida Statutes, to read: 339
509- 447.509 Other unlawful acts. — 340
510- (1) Employee organizatio ns, their members, agents, or 341
511-representatives, or any persons acting on their behalf are 342
512-hereby prohibited from: 343
495+ 447.509 Other unlawful acts. — 326
496+ (1) Employee organizations, their members, agents, or 327
497+representatives, or any persons acting on their behalf are 328
498+hereby prohibited from: 329
499+ (b)1. Distributing literature during working hours in 330
500+areas where the actual work of law enforcement officers, 331
501+firefighters, correctional officers, or correctional probation 332
502+officers public employees is performed, such as offices, 333
503+warehouses, schools, police stations, fire stations, and any 334
504+similar public installations. This section shall not be 335
505+construed to prohibit the distribution of literature durin g the 336
506+employee's lunch hour or in such areas not specifically devoted 337
507+to the performance of the employee's official duties. 338
508+ 2. Distributing literature in areas where the actual work 339
509+of public employees other than law enforcement officers, 340
510+firefighters, correctional officers, or correctional probation 341
511+officers is performed, such as offices, warehouses, schools, and 342
512+any similar public installations. 343
513513 (d) Offering anything of value to a public officer as 344
514514 defined in s. 112.313(1) which the public officer is prohibited 345
515515 from accepting under s. 112.313(2). 346
516516 (e) Offering any compensation, payment, or thing of value 347
517517 to a public officer as defined in s. 112.313(1) which the public 348
518518 officer is prohibited from accepting under s. 112.313(4). 349
519- Section 6. Effective October 1, 2023, paragraph (c) of 350
519+ Section 5. Effective O ctober 1, 2023, paragraph (c) of 350
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528528 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
529529
530530
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532532 subsection (4) of section 1012.2315, Florida Statutes, is 351
533533 amended to read: 352
534534 1012.2315 Assignment of teachers. — 353
535535 (4) COLLECTIVE BARGAINING. — 354
536536 (c)1. In addition to the provisions under s. 447.305(2), 355
537537 an employee organizati on that has been certified as the 356
538538 bargaining agent for a unit of instructional personnel as 357
539539 defined in s. 1012.01(2) must include for each such certified 358
540540 bargaining unit the following information in its application for 359
541541 renewal of registration: 360
542542 a. The number of employees in the bargaining unit who are 361
543543 eligible for representation by the employee organization. 362
544544 b. The number of employees who are represented by the 363
545545 employee organization, specifying the number of members who pay 364
546546 dues and the number of members who do not pay dues. 365
547547 2. Notwithstanding the provisions of chapter 447 relating 366
548548 to collective bargaining, an employee organization whose dues 367
549549 paying membership is less than 50 percent of the employees 368
550550 eligible for representation in the unit, as identified in 369
551551 subparagraph 1., must petition the Public Employees Relations 370
552552 Commission pursuant to s. 447.307(2) and (3) for recertification 371
553553 as the exclusive representative of all employees in the unit 372
554554 within 1 month after the date on which the organization applies 373
555555 for renewal of registr ation pursuant to s. 447.305(2). The 374
556556 certification of an employee organization that does not comply 375
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565565 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
566566
567567
568568
569569 with this paragraph is revoked. 376
570- Section 7. Effective July 1, 2023, for the purpose of 377
570+ Section 6. Effective July 1, 2023, for the purpose of 377
571571 incorporating the amendment made by this act to section 447.303, 378
572572 Florida Statutes, in a reference thereto, subsection (3) of 379
573573 section 110.114, Florida Statutes, is reenacted to read: 380
574574 110.114 Employee wage deductions. — 381
575575 (3) Notwithstanding the provisions of subsections (1) and 382
576576 (2), the deduction of an employee's members hip dues deductions 383
577577 as defined in s. 447.203(15) for an employee organization as 384
578578 defined in s. 447.203(11) shall be authorized or permitted only 385
579579 for an organization that has been certified as the exclusive 386
580580 bargaining agent pursuant to chapter 447 for a uni t of state 387
581581 employees in which the employee is included. Such deductions 388
582582 shall be subject to the provisions of s. 447.303. 389
583- Section 8. Effective July 1, 2023, for the purpose of 390
583+ Section 7. Effective July 1, 2023, for the purpose of 390
584584 incorporating the amendment made by this act to section 447.303, 391
585585 Florida Statutes, in a reference thereto, paragraph (a) of 392
586586 subsection (6) of section 447.507, Florida Statutes, is 393
587587 reenacted to read: 394
588588 447.507 Violation of strike prohibition; penalties. — 395
589589 (6)(a) If the commission determines that an employee 396
590590 organization has violat ed s. 447.505, it may: 397
591591 1. Issue cease and desist orders as necessary to ensure 398
592592 compliance with its order. 399
593593 2. Suspend or revoke the certification of the employee 400
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602602 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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605605
606606 organization as the bargaining agent of such employee unit. 401
607607 3. Revoke the right of dues d eduction and collection 402
608608 previously granted to said employee organization pursuant to s. 403
609609 447.303. 404
610610 4. Fine the organization up to $20,000 for each calendar 405
611611 day of such violation or determine the approximate cost to the 406
612612 public due to each calendar day of th e strike and fine the 407
613613 organization an amount equal to such cost, notwithstanding the 408
614614 fact that the fine may exceed $20,000 for each such calendar 409
615615 day. The fines so collected shall immediately accrue to the 410
616616 public employer and shall be used by him or her to replace those 411
617617 services denied the public as a result of the strike. In 412
618618 determining the amount of damages, if any, to be awarded to the 413
619619 public employer, the commission shall take into consideration 414
620620 any action or inaction by the public employer or its agent s that 415
621621 provoked, or tended to provoke, the strike by the public 416
622622 employees. 417
623- Section 9. Except as otherwise expressly provided in this 418
623+ Section 8. Except as otherwise expressly provided in this 418
624624 act, this act shall take effect upon becoming a law. 419