Florida Senate - 2023 CS for SB 256 By the Committee on Governmental Oversight and Accountability; and Senator Ingoglia 585-02363-23 2023256c1 1 A bill to be entitled 2 An act relating to employee organizations representing 3 public employees; amending s. 447.301, F.S.; requiring 4 a public employee who desires to be a member of an 5 employee organization to sign a membership 6 authorization form beginning on a specified date; 7 requiring that such form include a specified 8 statement; authorizing a public employee to revoke 9 membership in an employee organization at any time of 10 the year; requiring an employee organization to revoke 11 a public employees membership upon receipt of his or 12 her written request for revocation; prohibiting an 13 employee organization from limiting an employees 14 right to revoke membership to certain dates; 15 prohibiting a revocation form from requiring a reason 16 for the public employees decision to revoke his or 17 her membership; requiring employee organizations to 18 retain such authorization forms and requests for 19 revocation for inspection by the Public Employees 20 Relations Commission; providing applicability with 21 respect to certain employee organizations; authorizing 22 the commission to adopt rules; amending s. 447.303, 23 F.S.; prohibiting certain employee organizations from 24 having dues and uniform assessments deducted and 25 collected by the employer from certain salaries; 26 authorizing public employees to pay dues and uniform 27 assessments directly to the employee organization; 28 authorizing certain employee organizations to have 29 dues and uniform assessments deducted and collected by 30 the employer from certain salaries; amending s. 31 447.305, F.S.; revising requirements for applications 32 for initial registrations and renewals of registration 33 of employee organizations; providing procedures for 34 incomplete applications; requiring certain employee 35 organizations to petition the commission for 36 recertification as bargaining agents; authorizing a 37 public employer or bargaining unit employee to 38 challenge an employee organizations application for 39 renewal of registration; requiring the commission or 40 one of its designated agents to review the 41 application; requiring the commission to revoke the 42 registration and certification of the employee 43 organization in certain circumstances; authorizing the 44 commission to conduct investigations for specified 45 purposes; authorizing the commission to revoke or deny 46 an employee organizations registration or 47 certification under certain circumstances; specifying 48 that certain decisions issued by the commission are 49 reviewable final agency actions; providing 50 applicability with respect to certain employee 51 organizations; requiring certain employee 52 organizations to provide its members with an annual 53 audited financial report; requiring employee 54 organizations to notify its members annually of all 55 costs of membership; amending s. 447.509, F.S.; 56 revising prohibitions for employee organizations and 57 certain persons and entities relating to employee 58 organizations; amending s. 1012.2315, F.S.; removing 59 duplicative provisions; reenacting ss. 110.114(3) and 60 447.507(6)(a), F.S., relating to employee wage 61 deductions and violation of strike prohibition and 62 penalties, respectively, to incorporate the amendment 63 made to s. 447.303, F.S., in references thereto; 64 providing effective dates. 65 66 Be It Enacted by the Legislature of the State of Florida: 67 68 Section 1.Subsection (1) of section 447.301, Florida 69 Statutes, is amended to read: 70 447.301Public employees rights; organization and 71 representation. 72 (1)(a)Public employees shall have the right to form, join, 73 and participate in, or to refrain from forming, joining, or 74 participating in, any employee organization of their own 75 choosing. 76 (b)1.Beginning July 1, 2023, a public employee who desires 77 to be a member of an employee organization must sign and date a 78 membership authorization form, as prescribed by the commission, 79 with the bargaining agent. 80 2.The membership authorization form must identify the name 81 of the bargaining agent, the name of the employee, the class 82 code and class title of the employee, the name of the public 83 employer and employing agency, if applicable, and the amount of 84 the initiation fee and of the monthly dues which the member must 85 pay. 86 3.The membership authorization form must contain the 87 following statement in 14-point type: 88 89 The State of Florida is a right-to-work state. 90 Membership or non-membership in a labor union is not 91 required as a condition of employment, and union 92 membership and payment of union dues and assessments 93 are voluntary. Each person has the right to join and 94 pay dues to a labor union or to refrain from joining 95 and paying dues to a labor union. No employee may be 96 discriminated against in any manner for joining and 97 financially supporting a labor union or for refusing 98 to join or financially support a labor union. 99 100 4.A public employee may revoke membership in the employee 101 organization at any time of the year. Upon receipt of the 102 employees written revocation of membership, the employee 103 organization must revoke a public employees membership. The 104 employee organization may not limit an employees right to 105 revoke membership to certain dates. If a public employee must 106 complete a form to revoke membership in the employee 107 organization, the form may not require a reason for the public 108 employees decision to revoke his or her membership. 109 5.An employee organization must retain for inspection by 110 the commission such membership authorization forms and any 111 revocations. 112 6.This paragraph does not apply to members of an employee 113 organization that has been certified as a bargaining agent to 114 represent law enforcement officers, correctional officers, or 115 correctional probation officers as those terms are defined in s. 116 943.10(1), (2), or (3), respectively, or firefighters as defined 117 in s. 633.102. 118 7.The commission may adopt rules to implement this 119 paragraph. 120 Section 2.Effective July 1, 2023, section 447.303, Florida 121 Statutes, is amended to read: 122 447.303Dues; deduction and collection. 123 (1)Except as authorized in subsection (2), an employee 124 organization that has been certified as a bargaining agent may 125 not have its dues and uniform assessments deducted and collected 126 by the employer from the salaries of those employees in the 127 unit. A public employee may pay dues and uniform assessments 128 directly to the employee organization that has been certified as 129 the bargaining agent. 130 (2)(a)An Any employee organization that which has been 131 certified as a bargaining agent to represent law enforcement 132 officers, correctional officers, or correctional probation 133 officers as those terms are defined in s. 943.10(1), (2), or 134 (3), respectively, or firefighters as defined in s. 633.102 has 135 shall have the right to have its dues and uniform assessments 136 deducted and collected by the employer from the salaries of 137 those employees who authorize the deduction and collection of 138 said dues and uniform assessments. However, such authorization 139 is revocable at the employees request upon 30 days written 140 notice to the employer and employee organization. Said 141 deductions shall commence upon the bargaining agents written 142 request to the employer. 143 (b)Reasonable costs to the employer of said deductions is 144 shall be a proper subject of collective bargaining. 145 (c)Such right to deduction, unless revoked under pursuant 146 to s. 447.507, is shall be in force for so long as the employee 147 organization remains the certified bargaining agent for the 148 employees in the unit. 149 (3)The public employer is expressly prohibited from any 150 involvement in the collection of fines, penalties, or special 151 assessments. 152 Section 3.Effective October 1, 2023, section 447.305, 153 Florida Statutes, is amended to read: 154 447.305Registration of employee organization. 155 (1)Every employee organization seeking to become a 156 certified bargaining agent for public employees shall register 157 with the commission pursuant to the procedures set forth in s. 158 120.60 prior to requesting recognition by a public employer for 159 purposes of collective bargaining and prior to submitting a 160 petition to the commission requesting certification as an 161 exclusive bargaining agent. Further, if such employee 162 organization is not registered, it may not participate in a 163 representation hearing, participate in a representation 164 election, or be certified as an exclusive bargaining agent. The 165 application for registration required by this section shall be 166 under oath and in such form as the commission may prescribe and 167 shall include: 168 (a)The name and address of the organization and of any 169 parent organization or organization with which it is affiliated. 170 (b)The names and addresses of the principal officers and 171 all representatives of the organization. 172 (c)The amount of the initiation fee and of the monthly 173 dues which members must pay. 174 (d)The current annual audited financial statement of the 175 organization. 176 (e)The name of its business agent, if any; if different 177 from the business agent, the name of its local agent for service 178 of process; and the addresses where such person or persons can 179 be reached. 180 (f)A pledge, in a form prescribed by the commission, that 181 the employee organization will conform to the laws of the state 182 and that it will accept members without regard to age, race, 183 sex, religion, or national origin. 184 (g)A copy of the current constitution and bylaws of the 185 employee organization. 186 (h)A copy of the current constitution and bylaws of the 187 state and national groups with which the employee organization 188 is affiliated or associated. In lieu of this provision, and upon 189 adoption of a rule by the commission, a state or national 190 affiliate or parent organization of any registering labor 191 organization may annually submit a copy of its current 192 constitution and bylaws. 193 (2)A registration granted to an employee organization 194 pursuant to the provisions of this section shall run for 1 year 195 from the date of issuance. A registration shall be renewed 196 annually by filing application for renewal under oath with the 197 commission, which application shall reflect any changes in the 198 information provided to the commission in conjunction with the 199 employee organizations preceding application for registration 200 or previous renewal, whichever is applicable. Each application 201 for renewal of registration shall include a current annual 202 audited financial statement, certified by an independent 203 certified public accountant licensed under chapter 473 and 204 report, signed by the employee organizations its president and 205 treasurer or corresponding principal officers, containing the 206 following information in such detail as may be necessary 207 accurately to disclose its financial condition and operations 208 for its preceding fiscal year and in such categories as the 209 commission may prescribe: 210 (a)Assets and liabilities at the beginning and end of the 211 fiscal year; 212 (b)Receipts of any kind and the sources thereof; 213 (c)Salary, allowances, and other direct or indirect 214 disbursements, including reimbursed expenses, to each officer 215 and also to each employee who, during such fiscal year, received 216 more than $10,000 in the aggregate from such employee 217 organization and any other employee organization affiliated with 218 it or with which it is affiliated or which is affiliated with 219 the same national or international employee organization; 220 (d)Direct and indirect loans made to any officer, 221 employee, or member which aggregated more than $250 during the 222 fiscal year, together with a statement of the purpose, security, 223 if any, and arrangements for repayment; and 224 (e)Direct and indirect loans to any business enterprise, 225 together with a statement of the purpose, security, if any, and 226 arrangements for repayment. 227 (3)In addition to subsection (2), an employee organization 228 that has been certified as the bargaining agent for public 229 employees must include for each such certified bargaining unit 230 the following information and documentation as of the 30th day 231 immediately preceding the date of renewal in its application for 232 any renewal of registration on or after October 1, 2023: 233 (a)The number of employees in the bargaining unit who are 234 eligible for representation by the employee organization. 235 (b)The number of employees in the bargaining unit who have 236 submitted signed membership authorization forms without a 237 subsequent revocation of such membership. 238 (c)The number of employees in the bargaining unit who paid 239 dues to the employee organization. 240 (d)The number of employees in the bargaining unit who did 241 not pay dues to the employee organization. 242 (e)Documentation provided by the public employer verifying 243 the information provided in paragraph (a). 244 (f)Documentation provided by an independent certified 245 public accountant retained by the employee organization which 246 verifies the information provided in paragraphs (b), (c), and 247 (d). 248 (4)The employee organization must provide a copy of its 249 application for renewal of registration relating to a public 250 employers employees to the public employer on the same day the 251 application is submitted to the commission. 252 (5)An application for renewal of registration is 253 incomplete and is not eligible for consideration by the 254 commission if it does not include all of the information and 255 documentation required in subsection (3). The commission shall 256 notify the employee organization if the application is 257 incomplete. An incomplete application must be dismissed if the 258 required information and documentation are not provided within 259 10 days after the employee organization receives such notice. 260 (6)Notwithstanding the provisions of this chapter relating 261 to collective bargaining, an employee organization that had less 262 than 60 percent of the employees eligible for representation in 263 the bargaining unit pay dues during its last registration period 264 must petition the commission pursuant to s. 447.307(2) and (3) 265 for recertification as the exclusive representative of all 266 employees in the bargaining unit within 1 month after the date 267 on which the employee organization applies for renewal of 268 registration pursuant to subsection (2). The certification of an 269 employee organization that does not comply with this section is 270 revoked. 271 (7)The public employer or a bargaining unit employee may 272 challenge an employee organizations application for renewal of 273 registration if the public employer or bargaining unit employee 274 believes that the application is inaccurate. The commission or 275 one of its designated agents shall review the application to 276 determine its accuracy and compliance with this section. If the 277 commission finds that the application is inaccurate or does not 278 comply with this section, the commission shall revoke the 279 registration and certification of the employee organization. 280 (8)The commission may conduct an investigation to confirm 281 the validity of any information submitted pursuant to this 282 section. The commission may revoke or deny an employee 283 organizations registration or certification if it finds that 284 the employee organization: 285 (a)Failed to cooperate with the investigation conducted 286 pursuant to this subsection; or 287 (b)Intentionally misrepresented the information it 288 submitted pursuant to subsection (3). 289 290 A decision issued by the commission pursuant to this subsection 291 is a final agency action that is reviewable pursuant to s. 292 447.504. 293 (9)Subsections (3)-(8) do not apply to an employee 294 organization that has been certified as the bargaining agent to 295 represent law enforcement officers, correctional officers, or 296 correctional probation officers as those terms are defined in s. 297 943.10(1), (2), or (3), respectively, or firefighters as defined 298 in s. 633.102. 299 (10)(3)A registration fee shall accompany each application 300 filed with the commission. The amount charged for an application 301 for registration or renewal of registration shall not exceed 302 $15. All such money collected by the commission shall be 303 deposited in the General Revenue Fund. 304 (11)(4)Every employee organization shall keep accurate 305 accounts of its income and expenses, which accounts shall be 306 open for inspection at all reasonable times by any member of the 307 organization or by the commission. In addition, each employee 308 organization that has been certified as a bargaining agent must 309 provide to its members an annual audited financial report that 310 includes a detailed breakdown of revenues and expenditures, and 311 an accounting of membership dues and assessments. The employee 312 organization must notify its members annually of all costs of 313 membership. 314 Section 4.Paragraphs (d) and (e) are added to subsection 315 (1) of section 447.509, Florida Statutes, to read: 316 447.509Other unlawful acts. 317 (1)Employee organizations, their members, agents, or 318 representatives, or any persons acting on their behalf are 319 hereby prohibited from: 320 (d)Offering anything of value to a public officer as 321 defined in s. 112.313(1) which the public officer is prohibited 322 from accepting under s. 112.313(2). 323 (e)Offering any compensation, payment, or thing of value 324 to a public officer as defined in s. 112.313(1) which the public 325 officer is prohibited from accepting under s. 112.313(4). 326 Section 5.Effective October 1, 2023, paragraph (c) of 327 subsection (4) of section 1012.2315, Florida Statutes, is 328 amended to read: 329 1012.2315Assignment of teachers. 330 (4)COLLECTIVE BARGAINING. 331 (c)1.In addition to the provisions under s. 447.305(2), an 332 employee organization that has been certified as the bargaining 333 agent for a unit of instructional personnel as defined in s. 334 1012.01(2) must include for each such certified bargaining unit 335 the following information in its application for renewal of 336 registration: 337 a.The number of employees in the bargaining unit who are 338 eligible for representation by the employee organization. 339 b.The number of employees who are represented by the 340 employee organization, specifying the number of members who pay 341 dues and the number of members who do not pay dues. 342 2.Notwithstanding the provisions of chapter 447 relating 343 to collective bargaining, an employee organization whose dues 344 paying membership is less than 50 percent of the employees 345 eligible for representation in the unit, as identified in 346 subparagraph 1., must petition the Public Employees Relations 347 Commission pursuant to s. 447.307(2) and (3) for recertification 348 as the exclusive representative of all employees in the unit 349 within 1 month after the date on which the organization applies 350 for renewal of registration pursuant to s. 447.305(2). The 351 certification of an employee organization that does not comply 352 with this paragraph is revoked. 353 Section 6.Effective July 1, 2023, for the purpose of 354 incorporating the amendment made by this act to section 447.303, 355 Florida Statutes, in a reference thereto, subsection (3) of 356 section 110.114, Florida Statutes, is reenacted to read: 357 110.114Employee wage deductions. 358 (3)Notwithstanding the provisions of subsections (1) and 359 (2), the deduction of an employees membership dues deductions 360 as defined in s. 447.203(15) for an employee organization as 361 defined in s. 447.203(11) shall be authorized or permitted only 362 for an organization that has been certified as the exclusive 363 bargaining agent pursuant to chapter 447 for a unit of state 364 employees in which the employee is included. Such deductions 365 shall be subject to the provisions of s. 447.303. 366 Section 7.Effective July 1, 2023, for the purpose of 367 incorporating the amendment made by this act to section 447.303, 368 Florida Statutes, in a reference thereto, paragraph (a) of 369 subsection (6) of section 447.507, Florida Statutes, is 370 reenacted to read: 371 447.507Violation of strike prohibition; penalties. 372 (6)(a)If the commission determines that an employee 373 organization has violated s. 447.505, it may: 374 1.Issue cease and desist orders as necessary to ensure 375 compliance with its order. 376 2.Suspend or revoke the certification of the employee 377 organization as the bargaining agent of such employee unit. 378 3.Revoke the right of dues deduction and collection 379 previously granted to said employee organization pursuant to s. 380 447.303. 381 4.Fine the organization up to $20,000 for each calendar 382 day of such violation or determine the approximate cost to the 383 public due to each calendar day of the strike and fine the 384 organization an amount equal to such cost, notwithstanding the 385 fact that the fine may exceed $20,000 for each such calendar 386 day. The fines so collected shall immediately accrue to the 387 public employer and shall be used by him or her to replace those 388 services denied the public as a result of the strike. In 389 determining the amount of damages, if any, to be awarded to the 390 public employer, the commission shall take into consideration 391 any action or inaction by the public employer or its agents that 392 provoked, or tended to provoke, the strike by the public 393 employees. 394 Section 8.Except as otherwise expressly provided in this 395 act, this act shall take effect upon becoming a law.