Florida Senate - 2024 CS for SB 1746 By the Committee on Rules; and Senator Ingoglia 595-03114-24 20241746c1 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 certain 21 bargaining agents must submit specified information 22 and documentation; requiring certain employee 23 organizations to petition the Public Employees 24 Relations Commission for recertification; revising 25 applicability; authorizing the commission to, and in a 26 specified circumstance requiring the commission to, 27 investigate an employee organizations application for 28 registration renewal; requiring the commission to deny 29 such applications under specified circumstances; 30 circumstances; exempting certain employee 31 organizations from specified provisions; revising 32 requirements for a specified annual financial report; 33 making technical changes; conforming changes made by 34 the act; providing transitional provisions regarding 35 the renewal of registration of employee organizations 36 during a specified timeframe; prohibiting the 37 commission from taking certain action on a renewal 38 application; providing an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1.Paragraph (a) of subsection (12) of section 43 447.207, Florida Statutes, is amended to read: 44 447.207Commission; powers and duties. 45 (12)Upon a petition by a public employer after it has been 46 notified by the Department of Labor that the public employers 47 protective arrangement covering mass transit employees does not 48 meet the requirements of 49 U.S.C. s. 5333(b) and would 49 jeopardize the employers continued eligibility to receive 50 Federal Transit Administration funding, the commission may 51 waive, to the extent necessary for the public employer to comply 52 with the requirements of 49 U.S.C. s. 5333(b), any of the 53 following for an employee organization that has been certified 54 as a bargaining agent to represent mass transit employees: 55 (a)The prohibition on dues and assessment deductions 56 provided in s. 447.303(1) as it applies to a mass transit 57 employee who has provided a copy of his or her membership 58 authorization form to the employer as part of the authorization 59 of dues deduction under a waiver. 60 Section 2.Section 447.301, Florida Statutes, is amended to 61 read: 62 447.301Public employees rights; organization and 63 representation. 64 (1)(a)Public employees shall have the right to form, join, 65 and participate in, or to refrain from forming, joining, or 66 participating in, any employee organization of their own 67 choosing. 68 (b)1.Beginning July 1, 2023, A public employee who desires 69 to be a member of an employee organization must sign and date a 70 membership authorization form, as prescribed by the commission, 71 and submit the executed form to with the bargaining agent. 72 2.The membership authorization form must identify the name 73 of the bargaining agent; the name of the employee; the class 74 code and class title of the employee; the name of the public 75 employer and employing agency, if applicable; the amount of the 76 initiation fee and of the monthly dues which the member must 77 pay; and the name and total amount of salary, allowances, and 78 other direct or indirect disbursements, including 79 reimbursements, paid to each of the five highest compensated 80 officers and employees of the employee organization disclosed 81 under s. 447.305(2)(c). 82 3.The membership authorization form must contain the 83 following statement in 14-point type: 84 85 The State of Florida is a right-to-work state. 86 Membership or non-membership in a labor union is not 87 required as a condition of employment, and union 88 membership and payment of union dues and assessments 89 are voluntary. Each person has the right to join and 90 pay dues to a labor union or to refrain from joining 91 and paying dues to a labor union. No employee may be 92 discriminated against in any manner for joining and 93 financially supporting a labor union or for refusing 94 to join or financially support a labor union. 95 96 4.A public employee may revoke membership in the employee 97 organization at any time of the year. Upon receipt of the 98 employees written revocation of membership, the employee 99 organization must revoke a public employees membership. The 100 employee organization may not limit an employees right to 101 revoke membership to certain dates. If a public employee must 102 complete a form to revoke membership in the employee 103 organization, the form may not require a reason for the public 104 employees decision to revoke his or her membership. 105 5.An employee organization must retain for inspection by 106 the commission such membership authorization forms and any 107 revocations. 108 6.This paragraph does not apply to members of a bargaining 109 unit the majority of whose employees eligible for representation 110 are employed as law enforcement officers, correctional officers, 111 or correctional probation officers as those terms are defined in 112 s. 943.10(1), (2), or (3), respectively, firefighters as defined 113 in s. 633.102, 911 public safety telecommunicators as defined in 114 s. 401.465(1)(a), or emergency medical technicians or paramedics 115 as defined in s. 401.23 an employee organization that has been 116 certified as a bargaining agent to represent law enforcement 117 officers, correctional officers, or correctional probation 118 officers as those terms are defined in s. 943.10(1), (2), or 119 (3), respectively, or firefighters as defined in s. 633.102. 120 7.The commission may adopt rules to implement this 121 paragraph. 122 (2)Public employees shall have the right to be represented 123 by any employee organization of their own choosing and to 124 negotiate collectively, through a certified bargaining agent, 125 with their public employer in the determination of the terms and 126 conditions of their employment. Public employees shall have the 127 right to be represented in the determination of grievances on 128 all terms and conditions of their employment. Public employees 129 shall have the right to refrain from exercising the right to be 130 represented. 131 (3)Public employees shall have the right to engage in 132 concerted activities not prohibited by law, for the purpose of 133 collective bargaining or other mutual aid or protection. Public 134 employees shall also have the right to refrain from engaging in 135 such activities. 136 (4)Nothing in this part shall be construed to prevent any 137 public employee from presenting, at any time, his or her own 138 grievances, in person or by legal counsel, to his or her public 139 employer and having such grievances adjusted without the 140 intervention of the bargaining agent, if the adjustment is not 141 inconsistent with the terms of the collective bargaining 142 agreement then in effect and if the bargaining agent has been 143 given reasonable opportunity to be present at any meeting called 144 for the resolution of such grievances. 145 (5)In the case of community colleges and universities, the 146 student government association of each community college or 147 university shall establish procedures for the selection of, and 148 shall select, a student representative to be present, at his or 149 her discretion, at negotiations between the bargaining agent of 150 the employees and the board of trustees. Each student 151 representative shall have access to all written draft agreements 152 and all other written documents pertaining to negotiations 153 exchanged by the appropriate public employer and the bargaining 154 agent, including a copy of any prepared written transcripts of 155 any negotiating session. Each student representative shall have 156 the right at reasonable times during the negotiating session to 157 comment to the parties and to the public upon the impact of 158 proposed agreements on the educational environment of students. 159 Each student representative shall have the right to be 160 accompanied by alternates or aides, not to exceed a combined 161 total of two in number. Each student representative shall be 162 obligated to participate in good faith during all negotiations 163 and shall be subject to the rules and regulations of the Public 164 Employees Relations Commission. The student representatives 165 shall have neither voting nor veto power in any negotiation, 166 action, or agreement. The state or any branch, agency, division, 167 agent, or institution of the state, including community colleges 168 and universities, may not expend any moneys from any source for 169 the payment of reimbursement for travel expenses or per diem to 170 aides, alternates, or student representatives participating in, 171 observing, or contributing to any negotiating sessions between 172 the bargaining parties. 173 Section 3.Section 447.303, Florida Statutes, is amended to 174 read: 175 447.303Dues; deduction and collection. 176 (1)Except as authorized in subsection (2) or subject to a 177 waiver granted pursuant to s. 447.207(12)(a), an employee 178 organization that has been certified as a bargaining agent may 179 not have its dues and uniform assessments deducted and collected 180 by the employer from the salaries of those employees in the 181 unit. A public employee may pay dues and uniform assessments 182 directly to the employee organization that has been certified as 183 the bargaining agent. 184 (2)(a)An employee organization that has been certified as 185 a bargaining agent to represent a bargaining unit the majority 186 of whose employees eligible for representation are employed as 187 law enforcement officers, correctional officers, or correctional 188 probation officers as those terms are defined in s. 943.10(1), 189 (2), or (3), respectively, or firefighters as defined in s. 190 633.102, 911 public safety telecommunicators as defined in s. 191 401.465(1)(a), or emergency medical technicians or paramedics as 192 defined in s. 401.23 has the right to have its dues and uniform 193 assessments for that bargaining unit deducted and collected by 194 the employer from the salaries of those employees who authorize 195 the deduction and collection of said dues and uniform 196 assessments. However, such authorization is revocable at the 197 employees request upon 30 days written notice to the employer 198 and employee organization. Said deductions shall commence upon 199 the bargaining agents written request to the employer. 200 (b)Reasonable costs to the employer of said deductions is 201 a proper subject of collective bargaining. 202 (c)Such right to deduction, unless revoked under s. 203 447.507, is in force for so long as the employee organization 204 remains the certified bargaining agent for the employees in the 205 unit. 206 (3)The public employer is expressly prohibited from any 207 involvement in the collection of fines, penalties, or special 208 assessments. 209 Section 4.Section 447.305, Florida Statutes, is amended to 210 read: 211 447.305Registration of employee organization. 212 (1)Every employee organization seeking to become a 213 certified bargaining agent for public employees shall register 214 with the commission pursuant to the procedures set forth in s. 215 120.60 prior to requesting recognition by a public employer for 216 purposes of collective bargaining and prior to submitting a 217 petition to the commission requesting certification as an 218 exclusive bargaining agent. Further, if such employee 219 organization is not registered, it may not participate in a 220 representation hearing, participate in a representation 221 election, or be certified as an exclusive bargaining agent. The 222 application for registration required by this section shall be 223 under oath and in such form as the commission may prescribe and 224 shall include: 225 (a)The name and address of the organization and of any 226 parent organization or organization with which it is affiliated. 227 (b)The names and addresses of the principal officers and 228 all representatives of the organization. 229 (c)The amount of the initiation fee and the amount and 230 collection frequency of the monthly dues and uniform assessments 231 that a member which members must pay. 232 (d)The current annual audited financial statement of the 233 organization, prepared by an independent certified public 234 accountant licensed under chapter 473. 235 (e)The name of its business agent, if any; if different 236 from the business agent, the name of its local agent for service 237 of process; and the addresses where such person or persons can 238 be reached. 239 (f)A pledge, in a form prescribed by the commission, that 240 the employee organization will conform to the laws of the state 241 and that it will accept members without regard to age, race, 242 sex, religion, or national origin. 243 (g)A copy of the current constitution and bylaws of the 244 employee organization. 245 (h)A copy of the current constitution and bylaws of the 246 state and national groups with which the employee organization 247 is affiliated or associated. In lieu of this provision, and upon 248 adoption of a rule by the commission, a state or national 249 affiliate or parent organization of any registering labor 250 organization may annually submit a copy of its current 251 constitution and bylaws. 252 (2)A registration granted to an employee organization 253 pursuant to the provisions of this section shall run for 1 year 254 from the date of issuance. A registration shall be renewed 255 annually by filing an application for renewal under oath with 256 the commission, which application shall reflect any changes in 257 the information provided to the commission in conjunction with 258 the employee organizations preceding application for 259 registration or previous renewal, whichever is applicable. Each 260 application for renewal of registration shall include a current 261 annual audited financial statement, prepared certified by an 262 independent certified public accountant licensed under chapter 263 473 and signed by the employee organizations president and 264 treasurer or corresponding principal officers, containing the 265 following information in such detail as may be necessary 266 accurately to disclose its financial condition and operations 267 for its preceding fiscal year and in such categories as the 268 commission may prescribe: 269 (a)Assets and liabilities at the beginning and end of the 270 fiscal year; 271 (b)Receipts of any kind and the sources thereof; 272 (c)Disbursements by category; 273 (d)(c)Salary, allowances, and other direct or indirect 274 disbursements, including reimbursed expenses, to each officer 275 and also to each employee who, during such fiscal year, received 276 more than $10,000 in the aggregate from such employee 277 organization and any other employee organization affiliated with 278 it or with which it is affiliated or which is affiliated with 279 the same national or international employee organization; 280 (e)(d)Direct and indirect loans made to any officer, 281 employee, or member which aggregated more than $250 during the 282 fiscal year, together with a statement of the purpose, security, 283 if any, and arrangements for repayment; and 284 (f)(e)Direct and indirect loans to any business 285 enterprise, together with a statement of the purpose, security, 286 if any, and arrangements for repayment. 287 (3)In addition to subsection (2), an employee organization 288 that has been certified as the bargaining agent for public 289 employees must include for each such certified bargaining unit 290 the following information and documentation as of the 30th day 291 immediately preceding the date upon which its current 292 registration is scheduled to end of renewal in its application 293 for any renewal of registration on or after October 1, 2023: 294 (a)The number of employees in the bargaining unit who are 295 eligible for representation by the employee organization. 296 (b)The number of employees in the bargaining unit who have 297 submitted signed membership authorization forms without a 298 subsequent revocation of such membership. 299 (c)The number of employees in the bargaining unit who paid 300 dues to the employee organization. 301 (d)The number of employees in the bargaining unit who did 302 not pay dues to the employee organization. 303 (e)Documentation provided by an independent certified 304 public accountant retained by the employee organization which 305 verifies the information provided in paragraphs (a)-(d). 306 (4)The employee organization must provide a copy of its 307 application for renewal of registration relating to a public 308 employers employees to the public employer on the same day the 309 application is submitted to the commission. 310 (5)An application for renewal of registration is 311 incomplete and is not eligible for consideration by the 312 commission if it does not include all of the information and 313 documentation required in subsection (3). The commission shall 314 notify the employee organization if the application is 315 incomplete. An incomplete application must be dismissed if the 316 required information and documentation are not provided within 317 10 days after the employee organization receives such notice. 318 (6)Notwithstanding the provisions of this chapter relating 319 to collective bargaining, an employee organization certified as 320 a bargaining agent to represent a bargaining unit for which that 321 had less than 60 percent of the unit employees have submitted 322 membership authorization forms without subsequent revocation and 323 paid dues to the organization eligible for representation in the 324 bargaining unit pay dues during its last registration period 325 must petition the commission pursuant to s. 447.307(2) and (3) 326 for recertification as the exclusive representative of all 327 employees in the bargaining unit within 30 days 1 month after 328 the date on which the employee organization applies for renewal 329 of registration pursuant to subsection (2). The certification of 330 an employee organization that does not comply with this section 331 is revoked. 332 (7)The public employer or a bargaining unit employee may 333 challenge an employee organizations application for renewal of 334 registration if the public employer or bargaining unit employee 335 believes that the application is inaccurate. The commission or 336 one of its designated agents shall review the application to 337 determine its accuracy and compliance with this section. If the 338 commission finds that the application is inaccurate or does not 339 comply with this section, the commission shall revoke the 340 registration and certification of the employee organization. 341 (8)The commission may conduct an investigation to confirm 342 the validity of any information submitted pursuant to this 343 section. The commission may revoke or deny an employee 344 organizations registration or certification if it finds that 345 the employee organization: 346 (a)Failed to cooperate with the investigation conducted 347 pursuant to this subsection, including refusal to permit the 348 commission to inspect membership authorization forms or 349 revocations pursuant to s. 447.301(1)(b)5.; or 350 (b)Intentionally misrepresented the information it 351 submitted pursuant to this section subsection (3). 352 353 A decision issued by the commission pursuant to this subsection 354 is a final agency action that is reviewable pursuant to s. 355 447.504. 356 (9)An employee organization is exempt from the 357 requirements of subsections (3)-(8) only with respect to the 358 circumstances of each bargaining unit the majority of whose 359 employees eligible for representation are employed as do not 360 apply to an employee organization that has been certified as the 361 bargaining agent to represent law enforcement officers, 362 correctional officers, or correctional probation officers as 363 those terms are defined in s. 943.10(1), (2), or (3), 364 respectively, or firefighters as defined in s. 633.102, 911 365 public safety telecommunicators as defined in s. 401.465(1)(a), 366 or emergency medical technicians or paramedics as defined in s. 367 401.23. 368 (10)A registration fee shall accompany each application 369 filed with the commission. The amount charged for an application 370 for registration or renewal of registration shall not exceed 371 $15. All such money collected by the commission shall be 372 deposited in the General Revenue Fund. 373 (11)Every employee organization shall keep accurate 374 accounts of its income and expenses, which accounts shall be 375 open for inspection at all reasonable times by any member of the 376 organization or by the commission. In addition, each employee 377 organization that has been certified as a bargaining agent must 378 provide to its members an annual audited financial report 379 prepared by an independent certified public accountant licensed 380 under chapter 473 that includes a detailed breakdown of revenues 381 and expenditures in such categories as the commission may 382 prescribe, and an accounting of membership dues and assessments. 383 The employee organization must notify its members annually of 384 all costs of membership. 385 Section 5.(1)For an application for renewal of 386 registration as an employee organization filed pursuant to s. 387 447.305(2), Florida Statutes, between July 1, 2023, and the 388 effective date of this act, an employee organization may submit 389 a current annual financial statement containing the information 390 required by s. 447.305(2), Florida Statutes, prepared by an 391 independent certified accountant licensed under chapter 473, 392 Florida Statutes, and signed by the employee organizations 393 president and treasurer or corresponding principal officers in 394 lieu of an annual audited financial statement certified by an 395 independent certified public account licensed under chapter 473, 396 Florida Statutes. 397 (2)For applications of renewal of registration of employee 398 organizations filed pursuant to s. 447.305, Florida Statutes, 399 between July 1, 2023, and the effective date of this act, the 400 Public Employees Relations Commission may not deny the renewal 401 or revoke the registration of an employee organization based 402 solely upon the employee organizations failure to submit a 403 current annual audited financial statement certified by an 404 independent certified public accountant licensed under chapter 405 473, Florida Statutes. 406 Section 6.This act shall take effect upon becoming law.