10 | 10 | | 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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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | |
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14 | 14 | | A bill to be entitled 1 |
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15 | 15 | | An act relating to public employees; amending s. 2 |
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16 | 16 | | 447.207, F.S.; revising a requirement that the Public 3 |
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17 | 17 | | Employees Relations Commission may waive relating to 4 |
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18 | 18 | | employee organizations certified as a bargaining agent 5 |
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19 | 19 | | to represent mass transit employees; amending s. 6 |
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20 | 20 | | 447.301, F.S.; requiring certain public employees to 7 |
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21 | 21 | | submit executed membership authorization forms to the 8 |
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22 | 22 | | bargaining agent; removing obsolete language; 9 |
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23 | 23 | | conforming a cross-reference; revising applicability; 10 |
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24 | 24 | | amending s. 447.303, F.S.; revising the employee 11 |
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25 | 25 | | organizations that have the right to have dues and 12 |
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26 | 26 | | uniform assessments deducted and collected by the 13 |
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27 | 27 | | employer; amending s. 447.305, F.S.; revising the 14 |
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28 | 28 | | information employee organizations must provide in 15 |
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29 | 29 | | applications for registration; deleting requirement 16 |
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30 | 30 | | that an employee organization's annual financial 17 |
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31 | 31 | | statement be audited and certified; revising the 18 |
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32 | 32 | | information required in an employee organization's 19 |
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33 | 33 | | annual financial statement; revising the date upon 20 |
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34 | 34 | | which an employee organization must submit certain 21 |
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35 | 35 | | information for a renewal of registration; revising 22 |
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36 | 36 | | the employee organizations that must petition the 23 |
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37 | 37 | | commission for recertification; revising the timeframe 24 |
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38 | 38 | | by which an employee organization must submit such 25 |
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39 | 39 | | |
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55 | | - | by the act; providing provisions for renewals of 30 |
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56 | | - | registration of employee organizations during a 31 |
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57 | | - | specified timeframe; prohibiting the commission from 32 |
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58 | | - | taking certain actions during a specified timeframe 33 |
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59 | | - | regarding a renewal of registration application; 34 |
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60 | | - | providing an effective date. 35 |
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61 | | - | 36 |
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62 | | - | Be It Enacted by the Legislature of the State of Florida: 37 |
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63 | | - | 38 |
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64 | | - | Section 1. Paragraph (a) of subsection (12) of section 39 |
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65 | | - | 447.207, Florida Statutes, is amended to read: 40 |
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66 | | - | 447.207 Commission; powers and duties. — 41 |
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67 | | - | (12) Upon a petition by a public employer after it has 42 |
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68 | | - | been notified by the Department of Labor that the public 43 |
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69 | | - | employer's protective arrangement covering mass transit 44 |
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70 | | - | employees does not meet the requirements of 49 U.S.C. s. 5333(b) 45 |
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71 | | - | and would jeopardize the employer's continued eligibility to 46 |
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72 | | - | receive Federal Transit Administration funding, the commission 47 |
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73 | | - | may waive, to the extent ne cessary for the public employer to 48 |
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74 | | - | comply with the requirements of 49 U.S.C. s. 5333(b), any of the 49 |
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75 | | - | following for an employee organization that has been certified 50 |
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| 55 | + | by the act; providing an effective date. 30 |
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| 56 | + | 31 |
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| 57 | + | Be It Enacted by the Legislature of the State of Florida: 32 |
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| 58 | + | 33 |
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| 59 | + | Section 1. Paragraph (a) of subsection (12) of section 34 |
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| 60 | + | 447.207, Florida Statutes, is amended to read: 35 |
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| 61 | + | 447.207 Commission; powers and duties. — 36 |
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| 62 | + | (12) Upon a petition by a public employer after it has 37 |
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| 63 | + | been notified by the Department of Labor that the public 38 |
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| 64 | + | employer's protective arrangement covering mass transit 39 |
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| 65 | + | employees does not meet the requirements of 49 U.S.C. s. 5333(b) 40 |
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| 66 | + | and would jeopardize the employer' s continued eligibility to 41 |
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| 67 | + | receive Federal Transit Administration funding, the commission 42 |
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| 68 | + | may waive, to the extent necessary for the public employer to 43 |
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| 69 | + | comply with the requirements of 49 U.S.C. s. 5333(b), any of the 44 |
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| 70 | + | following for an employee organization that has been certified 45 |
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| 71 | + | as a bargaining agent to represent mass transit employees: 46 |
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| 72 | + | (a) The prohibition on dues and assessment deductions 47 |
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| 73 | + | provided in s. 447.303(1) as it applies to a mass transit 48 |
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| 74 | + | employee who has provided a copy of his or her membership 49 |
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| 75 | + | authorization form to the employer as part of the authorization 50 |
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88 | | - | as a bargaining agent to represent mass transit employees: 51 |
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89 | | - | (a) The prohibition on dues and assessment deductions 52 |
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90 | | - | provided in s. 447.303(1) as it applies to a mass transit 53 |
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91 | | - | employee who has provided a copy of his or her membership 54 |
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92 | | - | authorization form to the employer as part of the authorization 55 |
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93 | | - | of dues and assessment deductions under a waiver . 56 |
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94 | | - | Section 2. Paragraph (b) of subsection (1) of section 57 |
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95 | | - | 447.301, Florida Statutes, is amended to read: 58 |
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96 | | - | 447.301 Public employees' rights; organization and 59 |
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97 | | - | representation.— 60 |
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98 | | - | (1) 61 |
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99 | | - | (b)1. Beginning July 1, 2023, A public employee who 62 |
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100 | | - | desires to be a member of an employee organization must sign and 63 |
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101 | | - | date a membership authorization form, as prescribed by the 64 |
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102 | | - | commission, and submit the executed form to with the bargaining 65 |
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103 | | - | agent. 66 |
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104 | | - | 2. The membership authorization form must identify the 67 |
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105 | | - | name of the bargaining agent; the name of the employee; the 68 |
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106 | | - | class code and class title of the employee; the name of the 69 |
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107 | | - | public employer and employing agency, if applicable; the amount 70 |
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108 | | - | of the initiation fee and of the monthly dues which the member 71 |
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109 | | - | must pay; and the name and total amount of salary, allowances, 72 |
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110 | | - | and other direct or indirect disbursements, including 73 |
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111 | | - | reimbursements, paid to each of the five highest compensated 74 |
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112 | | - | officers and employees of the employee organization disclosed 75 |
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| 88 | + | of dues and assessment deductions under a waiver . 51 |
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| 89 | + | Section 2. Paragraph (b) of subsection (1) of section 52 |
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| 90 | + | 447.301, Florida Statutes, is amended to read: 53 |
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| 91 | + | 447.301 Public employees' rights; or ganization and 54 |
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| 92 | + | representation.— 55 |
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| 93 | + | (1) 56 |
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| 94 | + | (b)1. Beginning July 1, 2023, A public employee who 57 |
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| 95 | + | desires to be a member of an employee organization must sign and 58 |
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| 96 | + | date a membership authorization form, as prescribed by the 59 |
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| 97 | + | commission, and submit the executed form to with the bargaining 60 |
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| 98 | + | agent. 61 |
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| 99 | + | 2. The membership authorization form must identify the 62 |
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| 100 | + | name of the bargaining agent; the name of the employee; the 63 |
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| 101 | + | class code and class title of the employee; the name of the 64 |
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| 102 | + | public employer and employing agency, if applicab le; the amount 65 |
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| 103 | + | of the initiation fee and of the monthly dues which the member 66 |
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| 104 | + | must pay; and the name and total amount of salary, allowances, 67 |
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| 105 | + | and other direct or indirect disbursements, including 68 |
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| 106 | + | reimbursements, paid to each of the five highest compensated 69 |
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| 107 | + | officers and employees of the employee organization disclosed 70 |
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| 108 | + | under s. 447.305(2)(d) s. 447.305(2)(c). 71 |
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| 109 | + | 3. The membership authorization form must contain the 72 |
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| 110 | + | following statement in 14 -point type: 73 |
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| 111 | + | 74 |
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| 112 | + | The State of Florida is a right -to-work state. 75 |
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125 | | - | under s. 447.305(2)(d) s. 447.305(2)(c). 76 |
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126 | | - | 3. The membership authorization form must contain the 77 |
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127 | | - | following statement in 14 -point type: 78 |
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128 | | - | 79 |
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129 | | - | The State of Florida is a right -to-work state. 80 |
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130 | | - | Membership or non-membership in a labor union is not 81 |
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131 | | - | required as a condition of employment, and union 82 |
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132 | | - | membership and payment of union dues and assessments 83 |
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133 | | - | are voluntary. Each person has the right to join and 84 |
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134 | | - | pay dues to a labor union or to refrain from joining 85 |
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135 | | - | and paying dues to a labor union. No employee may be 86 |
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136 | | - | discriminated against in any manner for joining and 87 |
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137 | | - | financially supporting a labor union or for refusing 88 |
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138 | | - | to join or financially support a labor union. 89 |
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139 | | - | 90 |
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140 | | - | 4. A public employee may revoke membership in the employee 91 |
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141 | | - | organization at any time of the year. Upon receipt of the 92 |
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142 | | - | employee's written revocation of membership, the employee 93 |
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143 | | - | organization must revoke a public employee's membership. The 94 |
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144 | | - | employee organization may not limit an employee's right to 95 |
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145 | | - | revoke membership to certain dates. If a public employee must 96 |
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146 | | - | complete a form to revoke membership in the employee 97 |
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147 | | - | organization, the form may not require a reason for the public 98 |
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148 | | - | employee's decision to revoke his or her membership. 99 |
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149 | | - | 5. An employee organization must retain for inspection by 100 |
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| 125 | + | Membership or non-membership in a labor union is not 76 |
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| 126 | + | required as a condition of employment, and union 77 |
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| 127 | + | membership and payment of union dues and assessments 78 |
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| 128 | + | are voluntary. Each person has the right to join and 79 |
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| 129 | + | pay dues to a labor union or to refrain from joining 80 |
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| 130 | + | and paying dues to a labor union. No employee may be 81 |
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| 131 | + | discriminated against in any manner for joining and 82 |
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| 132 | + | financially supporting a labor union or for refusing 83 |
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| 133 | + | to join or financially support a labor union. 84 |
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| 134 | + | 85 |
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| 135 | + | 4. A public employee may revoke membership in the employee 86 |
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| 136 | + | organization at any time of the year. Upon receipt of the 87 |
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| 137 | + | employee's written revocation of membership, the employee 88 |
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| 138 | + | organization must revoke a public employee's membership. The 89 |
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| 139 | + | employee organization may not limit an employee's right to 90 |
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| 140 | + | revoke membership to certain dates. If a public employee must 91 |
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| 141 | + | complete a form to revoke membership in the employee 92 |
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| 142 | + | organization, the form may not require a reason for the public 93 |
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| 143 | + | employee's decision to revoke his or h er membership. 94 |
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| 144 | + | 5. An employee organization must retain for inspection by 95 |
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| 145 | + | the commission such membership authorization forms and any 96 |
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| 146 | + | revocations. 97 |
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| 147 | + | 6. This paragraph does not apply to members of an employee 98 |
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| 148 | + | organization that has been certified as a bargaining unit the 99 |
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| 149 | + | majority of whose employees eligible for representation are 100 |
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162 | | - | the commission such membership authorization forms and any 101 |
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163 | | - | revocations. 102 |
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164 | | - | 6. This paragraph does not apply to members of an employee 103 |
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165 | | - | organization that has been certified as a bargaining unit the 104 |
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166 | | - | majority of whose employees eligible for representation are 105 |
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167 | | - | employed as agent to represent law enforcement officers, 106 |
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168 | | - | correctional officers, or correction al probation officers as 107 |
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169 | | - | those terms are defined in s. 943.10(1), (2), or (3), 108 |
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170 | | - | respectively;, or firefighters as defined in s. 633.102 ; 911 109 |
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171 | | - | public safety telecommunicators as defined in s. 401.465(1); or 110 |
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172 | | - | emergency medical technicians or paramedics as defin ed in s. 111 |
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173 | | - | 401.23. 112 |
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174 | | - | 7. The commission may adopt rules to implement this 113 |
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175 | | - | paragraph. 114 |
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176 | | - | Section 3. Paragraph (a) of subsection (2) of section 115 |
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177 | | - | 447.303, Florida Statutes, is amended to read: 116 |
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178 | | - | 447.303 Dues; deduction and collection. — 117 |
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179 | | - | (2)(a) An employee organ ization that has been certified as 118 |
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180 | | - | a bargaining agent to represent a bargaining unit the majority 119 |
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181 | | - | of whose employees eligible for representation are employed as 120 |
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182 | | - | law enforcement officers, correctional officers, or correctional 121 |
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183 | | - | probation officers as those te rms are defined in s. 943.10(1), 122 |
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184 | | - | (2), or (3), respectively ;, or firefighters as defined in s. 123 |
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185 | | - | 633.102; 911 public safety telecommunicators as defined in s. 124 |
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186 | | - | 401.465(1); or emergency medical technicians or paramedics as 125 |
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| 162 | + | employed as agent to represent law enforcement officers, 101 |
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| 163 | + | correctional officers, or correctional probation officers as 102 |
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| 164 | + | those terms are defined in s. 943.10(1), (2), or (3), 103 |
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| 165 | + | respectively;, or firefighters as defined in s. 633.102 ; 911 104 |
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| 166 | + | public safety telecommunicators as defined in s. 401.465(1); or 105 |
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| 167 | + | emergency medical technicians or paramedics as defined in s. 106 |
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| 168 | + | 401.23. 107 |
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| 169 | + | 7. The commission may adopt rules to implement this 108 |
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| 170 | + | paragraph. 109 |
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| 171 | + | Section 3. Paragraph (a) of subsection (2) of section 110 |
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| 172 | + | 447.303, Florida Statutes, is amended to read: 111 |
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| 173 | + | 447.303 Dues; deduction and collection. — 112 |
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| 174 | + | (2)(a) An employee organization that has been certified as 113 |
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| 175 | + | a bargaining agent to represent a bargaining unit the majority 114 |
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| 176 | + | of whose employees eligible for representation are employed as 115 |
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| 177 | + | law enforcement officers, correctional officers, or correctional 116 |
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| 178 | + | probation officers as those terms are defined in s. 943.10(1), 117 |
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| 179 | + | (2), or (3), respectively ;, or firefighters as defined i n s. 118 |
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| 180 | + | 633.102; 911 public safety telecommunicators as defined in s. 119 |
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| 181 | + | 401.465(1); or emergency medical technicians or paramedics as 120 |
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| 182 | + | defined in s. 401.23 has the right to have its dues and uniform 121 |
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| 183 | + | assessments for the bargaining unit deducted and collected by 122 |
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| 184 | + | the employer from the salaries of those employees who authorize 123 |
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| 185 | + | the deduction and collection of said dues and uniform 124 |
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| 186 | + | assessments. However, such authorization is revocable at the 125 |
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199 | | - | defined in s. 401.23 has the right to have its dues and uniform 126 |
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200 | | - | assessments for the bargaining unit deducted and collected by 127 |
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201 | | - | the employer from the salaries of those employees who authorize 128 |
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202 | | - | the deduction and collection of said dues and uniform 129 |
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203 | | - | assessments. However, such authorization is revoca ble at the 130 |
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204 | | - | employee's request upon 30 days' written notice to the employer 131 |
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205 | | - | and employee organization. Said deductions shall commence upon 132 |
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206 | | - | the bargaining agent's written request to the employer. 133 |
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207 | | - | Section 4. Paragraphs (c) and (d) of subsection (1) and 134 |
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208 | | - | subsections (2), (3), (6), (8), (9), and (11) of section 135 |
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209 | | - | 447.305, Florida Statutes, are amended to read: 136 |
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210 | | - | 447.305 Registration of employee organization. — 137 |
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211 | | - | (1) Every employee organization seeking to become a 138 |
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212 | | - | certified bargaining agent for public employees s hall register 139 |
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213 | | - | with the commission pursuant to the procedures set forth in s. 140 |
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214 | | - | 120.60 prior to requesting recognition by a public employer for 141 |
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215 | | - | purposes of collective bargaining and prior to submitting a 142 |
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216 | | - | petition to the commission requesting certification as an 143 |
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217 | | - | exclusive bargaining agent. Further, if such employee 144 |
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218 | | - | organization is not registered, it may not participate in a 145 |
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219 | | - | representation hearing, participate in a representation 146 |
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220 | | - | election, or be certified as an exclusive bargaining agent. The 147 |
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221 | | - | application for registration required by this section shall be 148 |
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222 | | - | under oath and in such form as the commission may prescribe and 149 |
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223 | | - | shall include: 150 |
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| 199 | + | employee's request upon 30 days' written notice to the employer 126 |
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| 200 | + | and employee organization. Said deductions shall commence upon 127 |
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| 201 | + | the bargaining agent's written request to the employer. 128 |
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| 202 | + | Section 4. Paragraphs (c) and (d) of subsection (1) and 129 |
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| 203 | + | subsections (2), (3), (6), (8), (9), and (11) of section 130 |
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| 204 | + | 447.305, Florida Statutes, are ame nded to read: 131 |
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| 205 | + | 447.305 Registration of employee organization. — 132 |
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| 206 | + | (1) Every employee organization seeking to become a 133 |
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| 207 | + | certified bargaining agent for public employees shall register 134 |
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| 208 | + | with the commission pursuant to the procedures set forth in s. 135 |
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| 209 | + | 120.60 prior to requesting recognition by a public employer for 136 |
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| 210 | + | purposes of collective bargaining and prior to submitting a 137 |
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| 211 | + | petition to the commission requesting certification as an 138 |
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| 212 | + | exclusive bargaining agent. Further, if such employee 139 |
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| 213 | + | organization is not registered, it may not participate in a 140 |
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| 214 | + | representation hearing, participate in a representation 141 |
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| 215 | + | election, or be certified as an exclusive bargaining agent. The 142 |
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| 216 | + | application for registration required by this section shall be 143 |
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| 217 | + | under oath and in such form as the commission may prescribe and 144 |
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| 218 | + | shall include: 145 |
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| 219 | + | (c) The amount of the initiation fee and the amount and 146 |
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| 220 | + | collection frequency of the monthly dues and uniform assessments 147 |
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| 221 | + | that a member which members must pay. 148 |
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| 222 | + | (d) The current annual audited financial statement of the 149 |
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| 223 | + | organization, prepared by an independent certified public 150 |
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236 | | - | (c) The amount of the initiation fee and the amount and 151 |
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237 | | - | collection frequency of the monthly dues and uniform assessments 152 |
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238 | | - | that a member which members must pay. 153 |
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239 | | - | (d) The current annual audited financial statement of the 154 |
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240 | | - | organization, prepared by an independent certified public 155 |
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241 | | - | accountant licensed under chapter 473 . 156 |
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242 | | - | (2) A registration granted to an employee organization 157 |
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243 | | - | pursuant to the provisions of this section runs shall run for 1 158 |
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244 | | - | year after from the date of issuance. A registration must shall 159 |
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245 | | - | be renewed annually by filing an application for renewal under 160 |
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246 | | - | oath with the commission, which application must shall reflect 161 |
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247 | | - | any changes in the information provided to the commission in 162 |
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248 | | - | conjunction with the employee organization's preceding 163 |
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249 | | - | application for registration or previous renewal, whichever is 164 |
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250 | | - | applicable. Each application for renewal of registration must 165 |
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251 | | - | shall include a current annual audited financial statement, 166 |
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252 | | - | prepared certified by an independent certified public accountant 167 |
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253 | | - | licensed under chapter 473 and signed by the employee 168 |
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254 | | - | organization's president and treasurer or corresponding 169 |
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255 | | - | principal officers, containing all of the following information 170 |
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256 | | - | in such detail as may be necessary accurately to disclose its 171 |
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257 | | - | financial condition and operations for its preceding fiscal year 172 |
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258 | | - | and in such categories as the commission may prescribe: 173 |
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259 | | - | (a) Assets and liabilities at the beginning and end of the 174 |
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260 | | - | fiscal year.; 175 |
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| 236 | + | accountant licensed under chapter 473 . 151 |
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| 237 | + | (2) A registration granted to an employee organization 152 |
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| 238 | + | pursuant to the provisions of this section runs shall run for 1 153 |
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| 239 | + | year after from the date of issuance. A registration must shall 154 |
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| 240 | + | be renewed annually by filing an application for renewal under 155 |
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| 241 | + | oath with the commission, which application must shall reflect 156 |
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| 242 | + | any changes in the information provided to the commission in 157 |
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| 243 | + | conjunction with the employee organization's preceding 158 |
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| 244 | + | application for registration or previous renewal, whichever is 159 |
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| 245 | + | applicable. Each application for renewal of registration must 160 |
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| 246 | + | shall include a current annual audited financial statement, 161 |
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| 247 | + | prepared certified by an independent certified public accountant 162 |
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| 248 | + | licensed under chapter 473 and signed by the employee 163 |
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| 249 | + | organization's president and treasurer or corresponding 164 |
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| 250 | + | principal officers, containing all of the following information 165 |
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| 251 | + | in such detail as may be necessary accurately to disclose its 166 |
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| 252 | + | financial condition and operations for its preceding fiscal year 167 |
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| 253 | + | and in such categories as the commission may prescribe: 168 |
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| 254 | + | (a) Assets and liabilities at the beginning and end of the 169 |
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| 255 | + | fiscal year.; 170 |
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| 256 | + | (b) Receipts of any kind and th e sources thereof.; 171 |
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| 257 | + | (c) Disbursements by category. 172 |
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| 258 | + | (d)(c) Salary, allowances, and other direct or indirect 173 |
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| 259 | + | disbursements, including reimbursed expenses, to each officer 174 |
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| 260 | + | and also to each employee who, during such fiscal year, received 175 |
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273 | | - | (b) Receipts of any kind and the sources thereof .; 176 |
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274 | | - | (c) Disbursements by category. 177 |
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275 | | - | (d)(c) Salary, allowances, and other direct or indirect 178 |
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276 | | - | disbursements, including reimbursed expenses, to each officer 179 |
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277 | | - | and also to each empl oyee who, during such fiscal year, received 180 |
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278 | | - | more than $10,000 in the aggregate from such employee 181 |
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279 | | - | organization and any other employee organization affiliated with 182 |
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280 | | - | it or with which it is affiliated or which is affiliated with 183 |
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281 | | - | the same national or internatio nal employee organization .; 184 |
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282 | | - | (e)(d) Direct and indirect loans made to any officer, 185 |
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283 | | - | employee, or member which aggregated more than $250 during the 186 |
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284 | | - | fiscal year, together with a statement of the purpose, security, 187 |
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285 | | - | if any, and arrangements for repayment .; and 188 |
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286 | | - | (f)(e) Direct and indirect loans to any business 189 |
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287 | | - | enterprise, together with a statement of the purpose, security, 190 |
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288 | | - | if any, and arrangements for repayment. 191 |
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289 | | - | (3) In addition to subsection (2), an employee 192 |
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290 | | - | organization that has been certified as the bargain ing agent for 193 |
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291 | | - | public employees must include for each such certified bargaining 194 |
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292 | | - | unit all of the following information and documentation as of 195 |
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293 | | - | the 30th day immediately preceding the date upon which its 196 |
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294 | | - | current registration is scheduled to end of renewal in its 197 |
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295 | | - | application for any renewal of registration on or after October 198 |
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296 | | - | 1, 2023: 199 |
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297 | | - | (a) The number of employees in the bargaining unit who are 200 |
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| 273 | + | more than $10,000 in the aggregate from such employee 176 |
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| 274 | + | organization and any other employee organization affiliated with 177 |
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| 275 | + | it or with which it is affiliated or which is affiliated with 178 |
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| 276 | + | the same national or international employee organization .; 179 |
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| 277 | + | (e)(d) Direct and indirect loans made to any officer, 180 |
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| 278 | + | employee, or member which aggregated more than $250 during the 181 |
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| 279 | + | fiscal year, together with a statement of the purpose, security, 182 |
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| 280 | + | if any, and arrangements for repayment .; and 183 |
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| 281 | + | (f)(e) Direct and indirect loans to any business 184 |
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| 282 | + | enterprise, together with a statement of the purpose, security, 185 |
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| 283 | + | if any, and arrangements for repayment. 186 |
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| 284 | + | (3) In addition to subsection (2), an employee 187 |
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| 285 | + | organization that has been certified as the bargaining agent for 188 |
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| 286 | + | public employees must include for each such cert ified bargaining 189 |
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| 287 | + | unit all of the following information and documentation as of 190 |
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| 288 | + | the 30th day immediately preceding the date upon which its 191 |
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| 289 | + | current registration is scheduled to end of renewal in its 192 |
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| 290 | + | application for any renewal of registration on or after Oct ober 193 |
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| 291 | + | 1, 2023: 194 |
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| 292 | + | (a) The number of employees in the bargaining unit who are 195 |
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| 293 | + | eligible for representation by the employee organization. 196 |
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| 294 | + | (b) The number of employees in the bargaining unit who 197 |
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| 295 | + | have submitted signed membership authorization forms without a 198 |
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| 296 | + | subsequent revocation of such membership. 199 |
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| 297 | + | (c) The number of employees in the bargaining unit who 200 |
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310 | | - | eligible for representation by the employee organization. 201 |
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311 | | - | (b) The number of employees in the bargaining unit who 202 |
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312 | | - | have submitted signed membership authorization forms without a 203 |
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313 | | - | subsequent revocation of such membership. 204 |
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314 | | - | (c) The number of employees in the bargaining unit who 205 |
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315 | | - | paid dues to the employee organization. 206 |
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316 | | - | (d) The number of employees in the bargaining unit who d id 207 |
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317 | | - | not pay dues to the employee organization. 208 |
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318 | | - | (e) Documentation provided by an independent certified 209 |
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319 | | - | public accountant retained by the employee organization which 210 |
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320 | | - | verifies the information provided in paragraphs (a) -(d). 211 |
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321 | | - | (6) Notwithstanding the provisio ns of this chapter 212 |
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322 | | - | relating to collective bargaining, an employee organization 213 |
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323 | | - | certified as a bargaining agent to represent a bargaining unit 214 |
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324 | | - | for which that had less than 60 percent of the employees in the 215 |
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325 | | - | unit have submitted membership authorization forms without 216 |
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326 | | - | subsequent revocation and paid dues to the employee organization 217 |
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327 | | - | eligible for representation in the bargaining unit pay dues 218 |
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328 | | - | during its last registration period must petition the commission 219 |
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329 | | - | pursuant to s. 447.307(2) and (3) for recertification as the 220 |
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330 | | - | exclusive representative of all employees in the bargaining unit 221 |
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331 | | - | within 30 days 1 month after the date on which the employee 222 |
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332 | | - | organization applies for renewal of registration pursuant to 223 |
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333 | | - | subsection (2). The certification of an employee organization 224 |
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334 | | - | that does not comply with this section is revoked. 225 |
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| 310 | + | paid dues to the employee organization. 201 |
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| 311 | + | (d) The number of employees in the bargaining unit who did 202 |
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| 312 | + | not pay dues to the employee organization. 203 |
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| 313 | + | (e) Documentation provided by an independent certified 204 |
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| 314 | + | public accountant retained by the employee organization which 205 |
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| 315 | + | verifies the information provided in paragraphs (a) -(d). 206 |
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| 316 | + | (6) Notwithstanding the provisions of this chapter 207 |
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| 317 | + | relating to collective bargaining, an emplo yee organization 208 |
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| 318 | + | certified as a bargaining agent to represent a bargaining unit 209 |
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| 319 | + | for which that had less than 60 percent of the employees in the 210 |
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| 320 | + | unit have submitted membership authorization forms without 211 |
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| 321 | + | subsequent revocation and paid dues to the employee o rganization 212 |
---|
| 322 | + | eligible for representation in the bargaining unit pay dues 213 |
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| 323 | + | during its last registration period must petition the commission 214 |
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| 324 | + | pursuant to s. 447.307(2) and (3) for recertification as the 215 |
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| 325 | + | exclusive representative of all employees in the bargainin g unit 216 |
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| 326 | + | within 30 days 1 month after the date on which the employee 217 |
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| 327 | + | organization applies for renewal of registration pursuant to 218 |
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| 328 | + | subsection (2). The certification of an employee organization 219 |
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| 329 | + | that does not comply with this section is revoked. 220 |
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| 330 | + | (8) The commission may conduct an investigation to confirm 221 |
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| 331 | + | the validity of any information submitted pursuant to this 222 |
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| 332 | + | section. The commission may revoke or deny an employee 223 |
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| 333 | + | organization's registration or certification if it finds that 224 |
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| 334 | + | the employee organization: 225 |
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347 | | - | (8) The commission may conduct an investigation to confirm 226 |
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348 | | - | the validity of any information submitted pursuant to this 227 |
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349 | | - | section. The commission may revoke or deny an employee 228 |
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350 | | - | organization's registration or cer tification if it finds that 229 |
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351 | | - | the employee organization: 230 |
---|
352 | | - | (a) Failed to cooperate with the investigation conducted 231 |
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353 | | - | pursuant to this subsection , including a refusal to permit the 232 |
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354 | | - | commission to inspect membership authorization forms or 233 |
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355 | | - | revocations pursuant to s. 447.301(1)(b)5.; or 234 |
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356 | | - | (b) Intentionally misrepresented the information it 235 |
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357 | | - | submitted pursuant to this section subsection (3). 236 |
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358 | | - | 237 |
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359 | | - | A decision issued by the commission pursuant to this subsection 238 |
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360 | | - | is a final agency action that is reviewable pursuant to s. 239 |
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361 | | - | 447.504. 240 |
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362 | | - | (9) An employee organization is exempt from the 241 |
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363 | | - | requirements of subsections (3)-(8) only with respect to the 242 |
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364 | | - | circumstances of each bargaining unit the majority of whose 243 |
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365 | | - | employees eligible for representation are employed as do not 244 |
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366 | | - | apply to an employee organization that has been certified as the 245 |
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367 | | - | bargaining agent to represent law enforcement officers, 246 |
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368 | | - | correctional officers, or correctional probation officers as 247 |
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369 | | - | those terms are defined in s. 943.10(1), (2), or (3), 248 |
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370 | | - | respectively;, or firefighters as defi ned in s. 633.102; 911 249 |
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371 | | - | public safety telecommunicators as defined in s. 401.465(1); or 250 |
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| 347 | + | (a) Failed to cooperate with the investigation conducted 226 |
---|
| 348 | + | pursuant to this subsection , including a refusal to permit the 227 |
---|
| 349 | + | commission to inspect membership authorization forms or 228 |
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| 350 | + | revocations pursuant to s. 447.301(1)(b)5. ; or 229 |
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| 351 | + | (b) Intentionally misrepresent ed the information it 230 |
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| 352 | + | submitted pursuant to this section subsection (3). 231 |
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| 353 | + | 232 |
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| 354 | + | A decision issued by the commission pursuant to this subsection 233 |
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| 355 | + | is a final agency action that is reviewable pursuant to s. 234 |
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| 356 | + | 447.504. 235 |
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| 357 | + | (9) Subsections (3) -(8) do not apply to a an employee 236 |
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| 358 | + | organization that has been certified as the bargaining unit the 237 |
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| 359 | + | majority of whose employees eligible for representation are 238 |
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| 360 | + | employed as agent to represent law enforcement officers, 239 |
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| 361 | + | correctional officers, or correctional probation officers as 240 |
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| 362 | + | those terms are defined in s. 943.10(1), (2), or (3), 241 |
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| 363 | + | respectively;, or firefighters as defined in s. 633.102 ; 911 242 |
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| 364 | + | public safety telecommunicators as defined in s. 401.465(1); or 243 |
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| 365 | + | emergency medical technicians or paramedics as defined in s. 244 |
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| 366 | + | 401.23. 245 |
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| 367 | + | (11) Every employee organization shall keep accurate 246 |
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| 368 | + | accounts of its income and expenses, which accounts shall be 247 |
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| 369 | + | open for inspection at all reasonable times by any member of the 248 |
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| 370 | + | organization or by the commission. In addition, each employee 249 |
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| 371 | + | organization that has been ce rtified as a bargaining agent must 250 |
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384 | | - | emergency medical technicians or paramedics as defined in s. 251 |
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385 | | - | 401.23. 252 |
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386 | | - | (11) Every employee organization shall keep accurate 253 |
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387 | | - | accounts of its income and expenses, which ac counts shall be 254 |
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388 | | - | open for inspection at all reasonable times by any member of the 255 |
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389 | | - | organization or by the commission. In addition, each employee 256 |
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390 | | - | organization that has been certified as a bargaining agent must 257 |
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391 | | - | provide to its members an annual audited financial report 258 |
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392 | | - | prepared by an independent certified public accountant licensed 259 |
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393 | | - | under chapter 473 that includes a detailed breakdown of revenues 260 |
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394 | | - | and expenditures in such categories as the commission may 261 |
---|
395 | | - | prescribe, and an accounting of membership dues and assessme nts. 262 |
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396 | | - | The employee organization must notify its members annually of 263 |
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397 | | - | all costs of membership. 264 |
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398 | | - | Section 5. (1) For an application for renewal of 265 |
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399 | | - | registration of an employee organization filed pursuant to s. 266 |
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400 | | - | 447.305(2), Florida Statutes, between July 1, 20 23, and the 267 |
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401 | | - | effective date of this act, an employee organization may submit 268 |
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402 | | - | a current annual financial statement containing the information 269 |
---|
403 | | - | required by s. 447.305(2), Florida Statutes, prepared by an 270 |
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404 | | - | independent certified public accountant licensed under c hapter 271 |
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405 | | - | 473, Florida Statutes, and signed by the employee organization's 272 |
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406 | | - | president and treasurer or corresponding principal officers in 273 |
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407 | | - | lieu of an annual audited financial statement certified by an 274 |
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408 | | - | independent certified public accountant licensed under chap ter 275 |
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409 | | - | |
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410 | | - | CS/HB 1471 2024 |
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411 | | - | |
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412 | | - | |
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413 | | - | |
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414 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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415 | | - | hb1471-01-c1 |
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416 | | - | Page 12 of 12 |
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417 | | - | 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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418 | | - | |
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419 | | - | |
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420 | | - | |
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421 | | - | 473, Florida Statutes. 276 |
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422 | | - | (2) For an application for renewal of registration of an 277 |
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423 | | - | employee organization filed pursuant to s. 447.305, Florida 278 |
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424 | | - | Statutes, between July 1, 2023, and the effective date of this 279 |
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425 | | - | act, the Public Employees Relations Commission may not deny the 280 |
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426 | | - | renewal or revoke the registration of an employee organization 281 |
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427 | | - | based solely on the employee organization's failure to submit a 282 |
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428 | | - | current annual audited financial statement certified by an 283 |
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429 | | - | independent certified public accountant licensed unde r chapter 284 |
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430 | | - | 473, Florida Statutes. 285 |
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431 | | - | Section 6. This act shall take effect upon becoming a law. 286 |
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| 384 | + | provide to its members an annual audited financial report 251 |
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| 385 | + | prepared by an independent certified public accountant licensed 252 |
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| 386 | + | under chapter 473 which that includes a detailed breakdown of 253 |
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| 387 | + | revenues and expenditures in such categories as the commission 254 |
---|
| 388 | + | may prescribe, and an accounting of membership dues and 255 |
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| 389 | + | assessments. The employee organization must notify its members 256 |
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| 390 | + | annually of all costs of membership. 257 |
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| 391 | + | Section 5. This act shall take effect July 1, 2024. 258 |
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