Florida Senate - 2024 SB 1746 By Senator Ingoglia 11-00653B-24 20241746__ 1 A bill to be entitled 2 An act relating to public employees; amending s. 3 447.207, F.S.; revising a prohibition on dues to 4 certain mass transit employees; amending s. 447.301, 5 F.S.; deleting obsolete language; requiring certain 6 public employees of an employee organization to submit 7 executed forms to the bargaining agent; revising 8 applicability; amending s. 447.303, F.S.; providing 9 that specified employee organizations have the right 10 to have its dues and uniform assessments deducted and 11 collected by the employer from the salaries of those 12 employees who authorized such deduction and 13 collection; amending s. 447.305, F.S.; revising the 14 application employee organizations must submit to 15 register as certified bargaining agents; requiring 16 applications for renewal of registration to include 17 current annual financial statements prepared by an 18 independent certified public accountant; revising the 19 information that must be included in such 20 applications; revising the timeframe in which a 21 certain bargaining agents must submit specified 22 information and documentation; requiring certain 23 employee organizations to petition the Public 24 Employees Relations Commission for recertification; 25 revising applicability; authorizing the commission to, 26 and in a specified circumstance requiring the 27 commission to, investigate an employee organizations 28 application for registration renewal; requiring the 29 commission to deny such applications under specified 30 circumstances; making technical changes; conforming 31 provisions to changes made by the act; providing an 32 effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1.Paragraph (a) of subsection (12) of section 37 447.207, Florida Statutes, is amended to read: 38 447.207Commission; powers and duties. 39 (12)Upon a petition by a public employer after it has been 40 notified by the Department of Labor that the public employers 41 protective arrangement covering mass transit employees does not 42 meet the requirements of 49 U.S.C. s. 5333(b) and would 43 jeopardize the employers continued eligibility to receive 44 Federal Transit Administration funding, the commission may 45 waive, to the extent necessary for the public employer to comply 46 with the requirements of 49 U.S.C. s. 5333(b), any of the 47 following for an employee organization that has been certified 48 as a bargaining agent to represent mass transit employees: 49 (a)The prohibition on dues and assessment deductions 50 provided in s. 447.303(1) as it applies to a mass transit 51 employee who has provided a copy of his or her membership 52 authorization form to the employer as part of the authorization 53 of dues deduction under a waiver. 54 Section 2.Section 447.301, Florida Statutes, is amended to 55 read: 56 447.301Public employees rights; organization and 57 representation. 58 (1)(a)Public employees shall have the right to form, join, 59 and participate in, or to refrain from forming, joining, or 60 participating in, any employee organization of their own 61 choosing. 62 (b)1.Beginning July 1, 2023, A public employee who desires 63 to be a member of an employee organization must sign and date a 64 membership authorization form, as prescribed by the commission, 65 and submit the executed form to with the bargaining agent. 66 2.The membership authorization form must identify the name 67 of the bargaining agent; the name of the employee; the class 68 code and class title of the employee; the name of the public 69 employer and employing agency, if applicable; the amount of the 70 initiation fee and of the monthly dues which the member must 71 pay; and the name and total amount of salary, allowances, and 72 other direct or indirect disbursements, including 73 reimbursements, paid to each of the five highest compensated 74 officers and employees of the employee organization disclosed 75 under s. 447.305(2)(c). 76 3.The membership authorization form must contain the 77 following statement in 14-point type: 78 79 The State of Florida is a right-to-work state. 80 Membership or non-membership in a labor union is not 81 required as a condition of employment, and union 82 membership and payment of union dues and assessments 83 are voluntary. Each person has the right to join and 84 pay dues to a labor union or to refrain from joining 85 and paying dues to a labor union. No employee may be 86 discriminated against in any manner for joining and 87 financially supporting a labor union or for refusing 88 to join or financially support a labor union. 89 90 4.A public employee may revoke membership in the employee 91 organization at any time of the year. Upon receipt of the 92 employees written revocation of membership, the employee 93 organization must revoke a public employees membership. The 94 employee organization may not limit an employees right to 95 revoke membership to certain dates. If a public employee must 96 complete a form to revoke membership in the employee 97 organization, the form may not require a reason for the public 98 employees decision to revoke his or her membership. 99 5.An employee organization must retain for inspection by 100 the commission such membership authorization forms and any 101 revocations. 102 6.This paragraph does not apply to members of a bargaining 103 unit the majority of whose employees eligible for representation 104 are employed as law enforcement officers, correctional officers, 105 or correctional probation officers as those terms are defined in 106 s. 943.10(1), (2), or (3), respectively, firefighters as defined 107 in s. 633.102, 911 public safety telecommunicators as defined in 108 s. 401.465(1)(a), or emergency medical technicians or paramedics 109 as defined in s. 401.23 an employee organization that has been 110 certified as a bargaining agent to represent law enforcement 111 officers, correctional officers, or correctional probation 112 officers as those terms are defined in s. 943.10(1), (2), or 113 (3), respectively, or firefighters as defined in s. 633.102. 114 7.The commission may adopt rules to implement this 115 paragraph. 116 (2)Public employees shall have the right to be represented 117 by any employee organization of their own choosing and to 118 negotiate collectively, through a certified bargaining agent, 119 with their public employer in the determination of the terms and 120 conditions of their employment. Public employees shall have the 121 right to be represented in the determination of grievances on 122 all terms and conditions of their employment. Public employees 123 shall have the right to refrain from exercising the right to be 124 represented. 125 (3)Public employees shall have the right to engage in 126 concerted activities not prohibited by law, for the purpose of 127 collective bargaining or other mutual aid or protection. Public 128 employees shall also have the right to refrain from engaging in 129 such activities. 130 (4)Nothing in this part shall be construed to prevent any 131 public employee from presenting, at any time, his or her own 132 grievances, in person or by legal counsel, to his or her public 133 employer and having such grievances adjusted without the 134 intervention of the bargaining agent, if the adjustment is not 135 inconsistent with the terms of the collective bargaining 136 agreement then in effect and if the bargaining agent has been 137 given reasonable opportunity to be present at any meeting called 138 for the resolution of such grievances. 139 (5)In the case of community colleges and universities, the 140 student government association of each community college or 141 university shall establish procedures for the selection of, and 142 shall select, a student representative to be present, at his or 143 her discretion, at negotiations between the bargaining agent of 144 the employees and the board of trustees. Each student 145 representative shall have access to all written draft agreements 146 and all other written documents pertaining to negotiations 147 exchanged by the appropriate public employer and the bargaining 148 agent, including a copy of any prepared written transcripts of 149 any negotiating session. Each student representative shall have 150 the right at reasonable times during the negotiating session to 151 comment to the parties and to the public upon the impact of 152 proposed agreements on the educational environment of students. 153 Each student representative shall have the right to be 154 accompanied by alternates or aides, not to exceed a combined 155 total of two in number. Each student representative shall be 156 obligated to participate in good faith during all negotiations 157 and shall be subject to the rules and regulations of the Public 158 Employees Relations Commission. The student representatives 159 shall have neither voting nor veto power in any negotiation, 160 action, or agreement. The state or any branch, agency, division, 161 agent, or institution of the state, including community colleges 162 and universities, may not expend any moneys from any source for 163 the payment of reimbursement for travel expenses or per diem to 164 aides, alternates, or student representatives participating in, 165 observing, or contributing to any negotiating sessions between 166 the bargaining parties. 167 Section 3.Section 447.303, Florida Statutes, is amended to 168 read: 169 447.303Dues; deduction and collection. 170 (1)Except as authorized in subsection (2) or subject to a 171 waiver granted pursuant to s. 447.207(12)(a), an employee 172 organization that has been certified as a bargaining agent may 173 not have its dues and uniform assessments deducted and collected 174 by the employer from the salaries of those employees in the 175 unit. A public employee may pay dues and uniform assessments 176 directly to the employee organization that has been certified as 177 the bargaining agent. 178 (2)(a)An employee organization that has been certified as 179 a bargaining agent to represent a bargaining unit the majority 180 of whose employees eligible for representation are employed as 181 law enforcement officers, correctional officers, or correctional 182 probation officers as those terms are defined in s. 943.10(1), 183 (2), or (3), respectively, or firefighters as defined in s. 184 633.102, 911 public safety telecommunicators as defined in s. 185 401.465(1)(a), or emergency medical technicians or paramedics as 186 defined in s. 401.23 has the right to have its dues and uniform 187 assessments for that bargaining unit deducted and collected by 188 the employer from the salaries of those employees who authorize 189 the deduction and collection of said dues and uniform 190 assessments. However, such authorization is revocable at the 191 employees request upon 30 days written notice to the employer 192 and employee organization. Said deductions shall commence upon 193 the bargaining agents written request to the employer. 194 (b)Reasonable costs to the employer of said deductions is 195 a proper subject of collective bargaining. 196 (c)Such right to deduction, unless revoked under s. 197 447.507, is in force for so long as the employee organization 198 remains the certified bargaining agent for the employees in the 199 unit. 200 (3)The public employer is expressly prohibited from any 201 involvement in the collection of fines, penalties, or special 202 assessments. 203 Section 4.Section 447.305, Florida Statutes, is amended to 204 read: 205 447.305Registration of employee organization. 206 (1)Every employee organization seeking to become a 207 certified bargaining agent for public employees shall register 208 with the commission pursuant to the procedures set forth in s. 209 120.60 prior to requesting recognition by a public employer for 210 purposes of collective bargaining and prior to submitting a 211 petition to the commission requesting certification as an 212 exclusive bargaining agent. Further, if such employee 213 organization is not registered, it may not participate in a 214 representation hearing, participate in a representation 215 election, or be certified as an exclusive bargaining agent. The 216 application for registration required by this section shall be 217 under oath and in such form as the commission may prescribe and 218 shall include: 219 (a)The name and address of the organization and of any 220 parent organization or organization with which it is affiliated. 221 (b)The names and addresses of the principal officers and 222 all representatives of the organization. 223 (c)The amount of the initiation fee and the amount and 224 collection frequency of the monthly dues and uniform assessments 225 that a member which members must pay. 226 (d)The current annual audited financial statement of the 227 organization, prepared by an independent certified public 228 accountant licensed under chapter 473. 229 (e)The name of its business agent, if any; if different 230 from the business agent, the name of its local agent for service 231 of process; and the addresses where such person or persons can 232 be reached. 233 (f)A pledge, in a form prescribed by the commission, that 234 the employee organization will conform to the laws of the state 235 and that it will accept members without regard to age, race, 236 sex, religion, or national origin. 237 (g)A copy of the current constitution and bylaws of the 238 employee organization. 239 (h)A copy of the current constitution and bylaws of the 240 state and national groups with which the employee organization 241 is affiliated or associated. In lieu of this provision, and upon 242 adoption of a rule by the commission, a state or national 243 affiliate or parent organization of any registering labor 244 organization may annually submit a copy of its current 245 constitution and bylaws. 246 (2)A registration granted to an employee organization 247 pursuant to the provisions of this section shall run for 1 year 248 from the date of issuance. A registration shall be renewed 249 annually by filing an application for renewal under oath with 250 the commission, which application shall reflect any changes in 251 the information provided to the commission in conjunction with 252 the employee organizations preceding application for 253 registration or previous renewal, whichever is applicable. Each 254 application for renewal of registration shall include a current 255 annual audited financial statement, prepared certified by an 256 independent certified public accountant licensed under chapter 257 473 and signed by the employee organizations president and 258 treasurer or corresponding principal officers, containing the 259 following information in such detail as may be necessary 260 accurately to disclose its financial condition and operations 261 for its preceding fiscal year and in such categories as the 262 commission may prescribe: 263 (a)Assets and liabilities at the beginning and end of the 264 fiscal year; 265 (b)Receipts of any kind and the sources thereof; 266 (c)Disbursements by category; 267 (d)(c)Salary, allowances, and other direct or indirect 268 disbursements, including reimbursed expenses, to each officer 269 and also to each employee who, during such fiscal year, received 270 more than $10,000 in the aggregate from such employee 271 organization and any other employee organization affiliated with 272 it or with which it is affiliated or which is affiliated with 273 the same national or international employee organization; 274 (e)(d)Direct and indirect loans made to any officer, 275 employee, or member which aggregated more than $250 during the 276 fiscal year, together with a statement of the purpose, security, 277 if any, and arrangements for repayment; and 278 (f)(e)Direct and indirect loans to any business 279 enterprise, together with a statement of the purpose, security, 280 if any, and arrangements for repayment. 281 (3)In addition to subsection (2), an employee organization 282 that has been certified as the bargaining agent for public 283 employees must include for each such certified bargaining unit 284 the following information and documentation as of the 30th day 285 immediately preceding the date upon which its current 286 registration is scheduled to end of renewal in its application 287 for any renewal of registration on or after October 1, 2023: 288 (a)The number of employees in the bargaining unit who are 289 eligible for representation by the employee organization. 290 (b)The number of employees in the bargaining unit who have 291 submitted signed membership authorization forms without a 292 subsequent revocation of such membership. 293 (c)The number of employees in the bargaining unit who paid 294 dues to the employee organization. 295 (d)The number of employees in the bargaining unit who did 296 not pay dues to the employee organization. 297 (e)Documentation provided by an independent certified 298 public accountant retained by the employee organization which 299 verifies the information provided in paragraphs (a)-(d). 300 (4)The employee organization must provide a copy of its 301 application for renewal of registration relating to a public 302 employers employees to the public employer on the same day the 303 application is submitted to the commission. 304 (5)An application for renewal of registration is 305 incomplete and is not eligible for consideration by the 306 commission if it does not include all of the information and 307 documentation required in subsection (3). The commission shall 308 notify the employee organization if the application is 309 incomplete. An incomplete application must be dismissed if the 310 required information and documentation are not provided within 311 10 days after the employee organization receives such notice. 312 (6)Notwithstanding the provisions of this chapter relating 313 to collective bargaining, an employee organization certified as 314 a bargaining agent to represent a bargaining unit for which that 315 had less than 60 percent of the unit employees have submitted 316 membership authorization forms without subsequent revocation and 317 paid dues to the organization eligible for representation in the 318 bargaining unit pay dues during its last registration period 319 must petition the commission pursuant to s. 447.307(2) and (3) 320 for recertification as the exclusive representative of all 321 employees in the bargaining unit within 30 days 1 month after 322 the date on which the employee organization applies for renewal 323 of registration pursuant to subsection (2). The certification of 324 an employee organization that does not comply with this section 325 is revoked. 326 (7)The public employer or a bargaining unit employee may 327 challenge an employee organizations application for renewal of 328 registration if the public employer or bargaining unit employee 329 believes that the application is inaccurate. The commission or 330 one of its designated agents shall review the application to 331 determine its accuracy and compliance with this section. If the 332 commission finds that the application is inaccurate or does not 333 comply with this section, the commission shall revoke the 334 registration and certification of the employee organization. 335 (8)The commission may conduct an investigation to confirm 336 the validity of any information submitted pursuant to this 337 section. The commission may revoke or deny an employee 338 organizations registration or certification if it finds that 339 the employee organization: 340 (a)Failed to cooperate with the investigation conducted 341 pursuant to this subsection, including refusal to permit the 342 commission to inspect membership authorization forms or 343 revocations pursuant to s. 447.301(1)(b)5.; or 344 (b)Intentionally misrepresented the information it 345 submitted pursuant to this section subsection (3). 346 347 A decision issued by the commission pursuant to this subsection 348 is a final agency action that is reviewable pursuant to s. 349 447.504. 350 (9)Subsections (3)-(8) do not apply to a bargaining unit 351 the majority of whose employees eligible for representation are 352 employed as an employee organization that has been certified as 353 the bargaining agent to represent law enforcement officers, 354 correctional officers, or correctional probation officers as 355 those terms are defined in s. 943.10(1), (2), or (3), 356 respectively, or firefighters as defined in s. 633.102, 911 357 public safety telecommunicators as defined in s. 401.465(1)(a), 358 or emergency medical technicians or paramedics as defined in s. 359 401.23. 360 (10)A registration fee shall accompany each application 361 filed with the commission. The amount charged for an application 362 for registration or renewal of registration shall not exceed 363 $15. All such money collected by the commission shall be 364 deposited in the General Revenue Fund. 365 (11)Every employee organization shall keep accurate 366 accounts of its income and expenses, which accounts shall be 367 open for inspection at all reasonable times by any member of the 368 organization or by the commission. In addition, each employee 369 organization that has been certified as a bargaining agent must 370 provide to its members an annual audited financial report 371 prepared by an independent certified public accountant licensed 372 under chapter 473 that includes a detailed breakdown of revenues 373 and expenditures in such categories as the commission may 374 prescribe, and an accounting of membership dues and assessments. 375 The employee organization must notify its members annually of 376 all costs of membership. 377 Section 5.This act shall take effect July 1, 2024.