ENROLLED 2023 Legislature CS for CS for SB 256, 2nd Engrossed 2023256er 1 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. 447.207, 23 F.S.; authorizing the commission to waive certain 24 provisions for specified employee organizations under 25 certain circumstances; amending s. 447.303, F.S.; 26 prohibiting certain employee organizations from having 27 dues and uniform assessments deducted and collected by 28 the employer from certain salaries; authorizing public 29 employees to pay dues and uniform assessments directly 30 to the employee organization; authorizing certain 31 employee organizations to have dues and uniform 32 assessments deducted and collected by the employer 33 from certain salaries; amending s. 447.305, F.S.; 34 revising 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 organizations application for renewal of 42 registration; requiring the commission or one of its 43 designated agents to review the application; requiring 44 the commission to revoke the registration and 45 certification of the employee organization in certain 46 circumstances; authorizing the commission to conduct 47 investigations for specified purposes; authorizing the 48 commission to revoke or deny an employee 49 organizations registration or certification under 50 certain circumstances; specifying that certain 51 decisions issued by the commission are reviewable 52 final agency actions; providing applicability with 53 respect to certain employee organizations; requiring 54 certain employee organizations to provide their 55 members with an annual audited financial report; 56 requiring employee organizations to notify their 57 members annually of all costs of membership; amending 58 s. 447.509, F.S.; revising prohibitions for employee 59 organizations and certain persons and entities 60 relating to employee organizations; amending s. 61 1012.2315, F.S.; removing duplicative 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; providing 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: 72 447.301Public employees rights; organization and 73 representation. 74 (1)(a)Public employees shall have the right to form, join, 75 and participate in, or to refrain from forming, joining, or 76 participating in, any employee organization of their own 77 choosing. 78 (b)1.Beginning July 1, 2023, a public employee who desires 79 to be a member of an employee organization must sign and date a 80 membership authorization form, as prescribed by the commission, 81 with the bargaining agent. 82 2.The membership authorization form must identify the name 83 of the bargaining agent, the name of the employee, the class 84 code and class title of the employee, the name of the public 85 employer and employing agency, if applicable, the amount of the 86 initiation fee and of the monthly dues which the member must 87 pay, and the name and total amount of salary, allowances, and 88 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 person has the right to join and 100 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 employees written revocation of membership, the employee 109 organization must revoke a public employees membership. The 110 employee organization may not limit an employees 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 employees 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 paragraph. 126 Section 2.Subsection (12) is added to section 447.207, 127 Florida Statutes, to read: 128 447.207Commission; powers and duties. 129 (12)Upon a petition by a public employer after it has been 130 notified by the Department of Labor that the public employers 131 protective arrangement covering mass transit employees does not 132 meet the requirements of 49 U.S.C. s. 5333(b) and would 133 jeopardize the employers continued eligibility to receive 134 Federal Transit Administration funding, the commission may 135 waive, to the extent necessary for the public employer to comply 136 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, Florida 146 Statutes, is amended to read: 147 447.303Dues; 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 employee 150 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 probation 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 employees request upon 30 days written 166 notice to the employer and employee organization. Said 167 deductions shall commence upon the bargaining agents 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 (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: 180 447.305Registration of employee organization. 181 (1)Every employee organization seeking to become a 182 certified bargaining agent for public employees 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 certification 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 (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 employee organizations 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 under chapter 473 and 230 report, signed by the employee organizations 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 operations 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 other 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 affiliated 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 (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 organization 254 that has been certified as the bargaining agent for public 255 employees must include for each such certified bargaining unit 256 the following information and documentation as of the 30th day 257 immediately preceding the date of renewal in its application for 258 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 have 262 submitted signed membership authorization forms without a 263 subsequent revocation of such membership. 264 (c)The number of employees in the bargaining unit who paid 265 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 employers employees to the public employer on the same day the 274 application is submitted to the commission. 275 (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 application 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 relating 284 to collective bargaining, an employee organization that had less 285 than 60 percent of the employees eligible for representation in 286 the bargaining unit pay dues during its last registration period 287 must petition the commission pursuant to s. 447.307(2) and (3) 288 for recertification as the exclusive representative of all 289 employees in the bargaining unit within 1 month after the date 290 on which the employee organization applies for renewal of 291 registration pursuant to subsection (2). The certification of an 292 employee organization that does not comply with this section is 293 revoked. 294 (7)The public employer or a bargaining unit employee may 295 challenge an employee organizations 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 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 commission may revoke or deny an employee 306 organizations 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 information 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 has 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 application 323 filed with the commission. The amount charged for an application 324 for registration or renewal of registration shall not exceed 325 $15. All such money collected by the commission shall be 326 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. The 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: 339 447.509Other unlawful acts. 340 (1)Employee organizations, 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 subsection (4) of section 1012.2315, Florida Statutes, is 351 amended to read: 352 1012.2315Assignment of teachers. 353 (4)COLLECTIVE BARGAINING. 354 (c)1.In addition to the provisions under s. 447.305(2), an 355 employee organization that has been certified as the bargaining 356 agent for a unit of instructional personnel as defined in s. 357 1012.01(2) must include for each such certified bargaining unit 358 the following information in its application for renewal of 359 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 registration pursuant to s. 447.305(2). The 374 certification of an employee organization that does not comply 375 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: 380 110.114Employee wage deductions. 381 (3)Notwithstanding the provisions of subsections (1) and 382 (2), the deduction of an employees membership 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 unit 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: 394 447.507Violation of strike prohibition; penalties. 395 (6)(a)If the commission determines that an employee 396 organization has violated 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 organization as the bargaining agent of such employee unit. 401 3.Revoke the right of dues deduction 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 the 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 agents 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.