Senate Bill 256 (2023) — Employee organizations representing public employees
SB 256
Florida Bills
Florida Senate - 2023 SB 256 By Senator Ingoglia 11-00031G-23 2023256__ Page 1 of 15 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to employee organizations representing 2 public employees; amending s. 447.301, F.S.; requiring 3 a public employee who desires to be a member of an 4 employee organization to sign a membership 5 authorization form beginning on a specified date; 6 requiring that such form include a specified 7 statement; authorizing a public employee to revoke 8 membership in an employee organization at any time of 9 the year; requiring an employee organization to revoke 10 a public employee’s membership upon receipt of his or 11 her written request for revocation; prohibiting an 12 employee organization from limiting an employee’s 13 right to revoke membership to certain dates; 14 prohibiting a revocation form from requiring a reason 15 for the public employee’s decision to revoke his or 16 her membership; requiring employee organizations to 17 retain such authorization forms and requests for 18 revocation for inspection by the Public Employees 19 Relations Commission; providing applicability with 20 respect to certain employee organizations; authorizing 21 the commission to adopt rules; amending s. 447.303, 22 F.S.; prohibiting certain employee organizations from 23 having dues and uniform assessments deducted and 24 collected by the employer from certain salaries; 25 authorizing public employees to pay dues and uniform 26 assessments directly to the employee organization; 27 authorizing certain employee organizations to have 28 dues and uniform assessments deducted and collected by 29
Florida Senate - 2023 SB 256 11-00031G-23 2023256__ Page 2 of 15 CODING: Words stricken are deletions; words underlined are additions. the employer from certain salaries; amending s. 30 447.305, F.S.; revising requirements for applications 31 for initial registrations and renewals of registration 32 of employee organizations; providing procedures for 33 incomplete applications; requiring certain employee 34 organizations to petition the commission for 35 recertification as bargaining agents; authorizing a 36 public employer or bargaining unit employee to 37 challenge an employee organization’s application for 38 renewal of registration; requiring the commission or 39 one of its designated agents to review the 40 application; requiring the commission to revoke the 41 registration and certification of the employee 42 organization in certain circumstances; authorizing the 43 commission to conduct investigations for specified 44 purposes; authorizing the commission to revoke or deny 45 an employee organization’s registration or 46 certification under certain circumstances; specifying 47 that certain decisions issued by the commission are 48 reviewable final agency actions; providing 49 applicability with respect to certain employee 50 organizations; requiring certain employee 51 organizations to provide its members with an annual 52 audited financial report; requiring employee 53 organizations to notify its members annually of all 54 costs of membership; amending s. 447.509, F.S; 55 revising prohibitions for employee organizations and 56 certain persons and entities relating to employee 57 organizations; amending s. 1012.2315, F.S.; removing 58
Florida Senate - 2023 SB 256 11-00031G-23 2023256__ Page 3 of 15 CODING: Words stricken are deletions; words underlined are additions. duplicative provisions; reenacting ss. 110.114(3) and 59 447.507(6)(a), F.S., relating to employee wage 60 deductions and violation of strike prohibition and 61 penalties, respectively, to incorporate the amendment 62 made to s. 447.303, F.S., in references thereto; 63 providing effective dates. 64 65 Be It Enacted by the Legislature of the State of Florida: 66 67
Section 1. Subsection (1) of
section 447.301, Florida 68 Statutes, is amended to read: 69 447.301 Public employees’ rights; organization and 70 representation.— 71 (1)(
a) Public employees shall have the right to form, join, 72 and participate in, or to refrain from forming, joining, or 73 participating in, any employee organization of their own 74 choosing. 75 (b)1. Beginning July 1, 2023, a public employee who desires 76 to be a member of an employee organization must sign and date a 77 membership authorization form, as prescribed by the commission, 78 with the bargaining agent. 79 2.
The membership authorization form must identify the name 80 of the bargaining agent, the name of the employee, the class 81 code and class title of the employee, the name of the public 82 employer and employing agency, if applicable, and the amount of 83 the initiation fee and of the monthly dues which the member must 84 pay. 85 3. The membership authorization form must contain the 86 following statement in 14-point type: 87
Florida Senate - 2023 SB 256 11-00031G-23 2023256__ Page 4 of 15 CODING: Words stricken are deletions; words underlined are additions. 88 The State of Florida is a right-to-work state. 89 Membership or non-membership in a labor union is not 90 required as a condition of employment, and union 91 membership and payment of union dues and assessments 92 are voluntary. Each person has the right to join and 93 pay dues to a labor union or to refrain from joining 94 and paying dues to a labor union.
No employee may be 95 discriminated against in any manner for joining and 96 financially supporting a labor union or for refusing 97 to join or financially support a labor union. 98 99 4. A public employee may revoke membership in the employee 100 organization at any time of the year. Upon receipt of the 101 employee’s written revocation of membership, the employee 102 organization must revoke a public employee’s membership. The 103 employee organization may not limit an employee’s right to 104 revoke membership to certain dates.
If a public employee must 105 complete a form to revoke membership in the employee 106 organization, the form may not require a reason for the public 107 employee’s decision to revoke his or her membership. 108 5. An employee organization must retain for inspection by 109 the commission such membership authorization forms and any 110 revocations. 111 6.
This paragraph does not apply to members of an employee 112 organization that has been certified as a bargaining agent to 113 represent law enforcement officers, correctional officers, or 114 correctional probation officers as those terms are defined in s. 115 943.10(1), (2), or (3), respectively, or firefighters as defined 116
Florida Senate - 2023 SB 256 11-00031G-23 2023256__ Page 5 of 15 CODING: Words stricken are deletions; words underlined are additions. in s. 633.102. 117 7. The commission may adopt rules to implement this 118 paragraph. 119
Section 2. Effective July 1, 2023,
section 447.303, Florida 120 Statutes, is amended to read: 121 447.303 Dues; deduction and collection.— 122
(1) Except as authorized in subsection (2), an employee 123 organization that has been certified as a bargaining agent may 124 not have its dues and uniform assessments deducted and collected 125 by the employer from the salaries of those employees in the 126 unit. A public employee may pay dues and uniform assessments 127 directly to the employee organization that has been certified as 128 the bargaining agent. 129 (2)(
a) An Any employee organization that which has been 130 certified as a bargaining agent to represent law enforcement 131 officers, correctional officers, or correctional probation 132 officers as those terms are defined in s. 943.10(1), (2), or 133 (3), respectively, or firefighters as defined in s. 633.102 has 134 shall have the right to have its dues and uniform assessments 135 deducted and collected by the employer from the salaries of 136 those employees who authorize the deduction and collection of 137 said dues and uniform assessments.
However, such authorization 138 is revocable at the employee’s request upon 30 days’ written 139 notice to the employer and employee organization. Said 140 deductions shall commence upon the bargaining agent’s written 141 request to the employer. 142 (
b) Reasonable costs to the employer of said deductions is 143 shall be a proper subject of collective bargaining. 144 (
c) Such right to deduction, unless revoked under pursuant 145
Florida Senate - 2023 SB 256 11-00031G-23 2023256__ Page 6 of 15 CODING: Words stricken are deletions; words underlined are additions. to s. 447.507, is shall be in force for so long as the employee 146 organization remains the certified bargaining agent for the 147 employees in the unit. 148
(3) The public employer is expressly prohibited from any 149 involvement in the collection of fines, penalties, or special 150 assessments. 151
Section 3. Effective October 1, 2023,
section 447.305, 152 Florida Statutes, is amended to read: 153 447.305 Registration of employee organization.— 154
(1) Every employee organization seeking to become a 155 certified bargaining agent for public employees shall register 156 with the commission pursuant to the procedures set forth in s. 157 120.60 prior to requesting recognition by a public employer for 158 purposes of collective bargaining and prior to submitting a 159 petition to the commission requesting certification as an 160 exclusive bargaining agent. Further, if such employee 161 organization is not registered, it may not participate in a 162 representation hearing, participate in a representation 163 election, or be certified as an exclusive bargaining agent. The 164 application for registration required by this
section shall be 165 under oath and in such form as the commission may prescribe and 166 shall include: 167 (
a) The name and address of the organization and of any 168 parent organization or organization with which it is affiliated. 169 (
b) The names and addresses of the principal officers and 170 all representatives of the organization. 171 (
c) The amount of the initiation fee and of the monthly 172 dues which members must pay. 173 (
d) The current annual audited financial statement of the 174
Florida Senate - 2023 SB 256 11-00031G-23 2023256__ Page 7 of 15 CODING: Words stricken are deletions; words underlined are additions. organization. 175 (
e) The name of its business agent, if any; if different 176 from the business agent, the name of its local agent for service 177 of process; and the addresses where such person or persons can 178 be reached. 179 (
f) A pledge, in a form prescribed by the commission, that 180 the employee organization will conform to the laws of the state 181 and that it will accept members without regard to age, race, 182 sex, religion, or national origin. 183 (
g) A copy of the current constitution and bylaws of the 184 employee organization. 185 (
h) A copy of the current constitution and bylaws of the 186 state and national groups with which the employee organization 187 is affiliated or associated. In lieu of this provision, and upon 188 adoption of a rule by the commission, a state or national 189 affiliate or parent organization of any registering labor 190 organization may annually submit a copy of its current 191 constitution and bylaws. 192 (
i) A pledge, in a form prescribed by the commission, that 193 the annual salary of an official of the employee organization 194 will not exceed the highest salary of any employee member in its 195 organization. This paragraph does not apply to an employee 196 organization that has been certified as the bargaining agent to 197 represent law enforcement officers, correctional officers, or 198 correctional probation officers as those terms are defined in s. 199 943.10(1), (2), or (3), respectively, or firefighters as defined 200 in s. 633.102. 201
(2) A registration granted to an employee organization 202 pursuant to the provisions of this
section shall run for 1 year 203
Florida Senate - 2023 SB 256 11-00031G-23 2023256__ Page 8 of 15 CODING: Words stricken are deletions; words underlined are additions. from the date of issuance. A registration shall be renewed 204 annually by filing application for renewal under oath with the 205 commission, which application shall reflect any changes in the 206 information provided to the commission in conjunction with the 207 employee organization’s preceding application for registration 208 or previous renewal, whichever is applicable. Each application 209 for renewal of registration shall include a current annual 210 audited financial statement, certified by an independent 211 certified public accountant licensed under
chapter 473 and 212 report, signed by the employee organization’s its president and 213 treasurer or corresponding principal officers, containing the 214 following information in such detail as may be necessary 215 accurately to disclose its financial condition and operations 216 for its preceding fiscal year and in such categories as the 217 commission may prescribe: 218 (
a) Assets and liabilities at the beginning and end of the 219 fiscal year; 220 (
b) Receipts of any kind and the sources thereof; 221 (
c) Salary, allowances, and other direct or indirect 222 disbursements, including reimbursed expenses, to each officer 223 and also to each employee who, during such fiscal year, received 224 more than $10,000 in the aggregate from such employee 225 organization and any other employee organization affiliated with 226 it or with which it is affiliated or which is affiliated with 227 the same national or international employee organization; 228 (
d) Direct and indirect loans made to any officer, 229 employee, or member which aggregated more than $250 during the 230 fiscal year, together with a statement of the purpose, security, 231 if any, and arrangements for repayment; and 232
Florida Senate - 2023 SB 256 11-00031G-23 2023256__ Page 9 of 15 CODING: Words stricken are deletions; words underlined are additions. (
e) Direct and indirect loans to any business enterprise, 233 together with a statement of the purpose, security, if any, and 234 arrangements for repayment. 235
(3) In addition to subsection (2), an employee organization 236 that has been certified as the bargaining agent for public 237 employees must include for each such certified bargaining unit 238 the following information and documentation as of the 30th day 239 immediately preceding the date of renewal in its application for 240 any renewal of registration on or after October 1, 2023: 241 (
a) The number of employees in the bargaining unit who are 242 eligible for representation by the employee organization. 243 (
b) The number of employees in the bargaining unit who have 244 submitted signed membership authorization forms without a 245 subsequent revocation of such membership. 246 (
c) The number of employees in the bargaining unit who paid 247 dues to the employee organization. 248 (
d) The number of employees in the bargaining unit who did 249 not pay dues to the employee organization. 250 (
e) Documentation provided by the public employer verifying 251 the information provided in paragraph (a). 252 (
f) Documentation provided by an independent certified 253 public accountant retained by the employee organization which 254 verifies the information provided in paragraphs (b), (c), and 255 (d). 256
(4) The employee organization must provide a copy of its 257 application for renewal of registration relating to a public 258 employer’s employees to the public employer on the same day the 259 application is submitted to the commission. 260
(5) An application for renewal of registration is 261
Florida Senate - 2023 SB 256 11-00031G-23 2023256__ Page 10 of 15 CODING: Words stricken are deletions; words underlined are additions. incomplete and is not eligible for consideration by the 262 commission if it does not include all of the information and 263 documentation required in subsection (3). The commission shall 264 notify the employee organization if the application is 265 incomplete. An incomplete application must be dismissed if the 266 required information and documentation are not provided within 267 10 days after the employee organization receives such notice. 268
(6) Notwithstanding the provisions of this
chapter relating 269 to collective bargaining, an employee organization that had less 270 than 60 percent of the employees eligible for representation in 271 the bargaining unit pay dues during its last registration period 272 must petition the commission pursuant to s. 447.307(2) and (3) 273 for recertification as the exclusive representative of all 274 employees in the bargaining unit within 1 month after the date 275 on which the employee organization applies for renewal of 276 registration pursuant to subsection (2). The certification of an 277 employee organization that does not comply with this
section is 278 revoked. 279
(7) The public employer or a bargaining unit employee may 280 challenge an employee organization’s application for renewal of 281 registration if the public employer or bargaining unit employee 282 believes that the application is inaccurate. The commission or 283 one of its designated agents shall review the application to 284 determine its accuracy and compliance with this section. If the 285 commission finds that the application is inaccurate or does not 286 comply with this section, the commission shall revoke the 287 registration and certification of the employee organization. 288
(8) The commission may conduct an investigation to confirm 289 the validity of any information submitted pursuant to this 290
Florida Senate - 2023 SB 256 11-00031G-23 2023256__ Page 11 of 15 CODING: Words stricken are deletions; words underlined are additions. section. The commission may revoke or deny an employee 291 organization’s registration or certification if it finds that 292 the employee organization: 293 (
a) Failed to cooperate with the investigation conducted 294 pursuant to this subsection; or 295 (
b) Intentionally misrepresented the information it 296 submitted pursuant to subsection (3). 297 298 A decision issued by the commission pursuant to this subsection 299 is a final agency action that is reviewable pursuant to s. 300 447.504. 301 (9) Subsections (3)-(8) do not apply to an employee 302 organization that has been certified as the bargaining agent to 303 represent law enforcement officers, correctional officers, or 304 correctional probation officers as those terms are defined in s. 305 943.10(1), (2), or (3), respectively, or firefighters as defined 306 in s. 633.102. 307 (10)
(3) A registration fee shall accompany each application 308 filed with the commission. The amount charged for an application 309 for registration or renewal of registration shall not exceed 310 $15. All such money collected by the commission shall be 311 deposited in the General Revenue Fund. 312 (11)
(4) Every employee organization shall keep accurate 313 accounts of its income and expenses, which accounts shall be 314 open for inspection at all reasonable times by any member of the 315 organization or by the commission. In addition, each employee 316 organization that has been certified as a bargaining agent must 317 provide to its members an annual audited financial report that 318 includes a detailed breakdown of revenues and expenditures, and 319
Florida Senate - 2023 SB 256 11-00031G-23 2023256__ Page 12 of 15 CODING: Words stricken are deletions; words underlined are additions. an accounting of membership dues and assessments. The employee 320 organization must notify its members annually of all costs of 321 membership. 322
Section 4. Paragraph (
b) of subsection (1) of
section 323 447.509, Florida Statutes, is amended, and paragraphs (
d) and 324 (
e) are added to that subsection, to read: 325 447.509 Other unlawful acts.— 326
(1) Employee organizations, their members, agents, or 327 representatives, or any persons acting on their behalf are 328 hereby prohibited from: 329 (b)1. Distributing literature during working hours in areas 330 where the actual work of law enforcement officers, firefighters, 331 correctional officers, or correctional probation officers public 332 employees is performed, such as offices, warehouses, schools, 333 police stations, fire stations, and any similar public 334 installations. This
section shall not be construed to prohibit 335 the distribution of literature during the employee’s lunch hour 336 or in such areas not specifically devoted to the performance of 337 the employee’s official duties. 338 2. Distributing literature in areas where the actual work 339 of public employees other than law enforcement officers, 340 firefighters, correctional officers, or correctional probation 341 officers is performed, such as offices, warehouses, schools, and 342 any similar public installations. 343 (
d) Offering anything of value to a public officer as 344 defined in s. 112.313(1) which the public officer is prohibited 345 from accepting under s. 112.313(2). 346 (
e) Offering any compensation, payment, or thing of value 347 to a public officer as defined in s. 112.313(1) which the public 348
Florida Senate - 2023 SB 256 11-00031G-23 2023256__ Page 13 of 15 CODING: Words stricken are deletions; words underlined are additions. officer is prohibited from accepting under s. 112.313(4). 349
Section 5. Effective October 1, 2023, paragraph (
c) of 350 subsection (4) of
section 1012.2315, Florida Statutes, is 351 amended to read: 352 1012.2315 Assignment of teachers.— 353
(4) COLLECTIVE BARGAINING.— 354 (c)1. In addition to the provisions under s. 447.305(2), an 355 employee organization that has been certified as the bargaining 356 agent for a unit of instructional personnel as defined in s. 357 1012.01(2) must include for each such certified bargaining unit 358 the following information in its application for renewal of 359 registration: 360 a. The number of employees in the bargaining unit who are 361 eligible for representation by the employee organization. 362 b.
The number of employees who are represented by the 363 employee organization, specifying the number of members who pay 364 dues and the number of members who do not pay dues. 365 2. Notwithstanding the provisions of
chapter 447 relating 366 to collective bargaining, an employee organization whose dues 367 paying membership is less than 50 percent of the employees 368 eligible for representation in the unit, as identified in 369 subparagraph 1., must petition the Public Employees Relations 370 Commission pursuant to s. 447.307(2) and (3) for recertification 371 as the exclusive representative of all employees in the unit 372 within 1 month after the date on which the organization applies 373 for renewal of registration pursuant to s. 447.305(2). The 374 certification of an employee organization that does not comply 375 with this paragraph is revoked. 376
Section 6. Effective July 1, 2023, for the purpose of 377
Florida Senate - 2023 SB 256 11-00031G-23 2023256__ Page 14 of 15 CODING: Words stricken are deletions; words underlined are additions. incorporating the amendment made by this act to
section 447.303, 378 Florida Statutes, in a reference thereto, subsection (3) of 379
section 110.114, Florida Statutes, is reenacted to read: 380 110.114 Employee wage deductions.— 381
(3) Notwithstanding the provisions of subsections (1) and 382 (2), the deduction of an employee’s membership dues deductions 383 as defined in s. 447.203(15) for an employee organization as 384 defined in s. 447.203(11) shall be authorized or permitted only 385 for an organization that has been certified as the exclusive 386 bargaining agent pursuant to
chapter 447 for a unit of state 387 employees in which the employee is included. Such deductions 388 shall be subject to the provisions of s. 447.303. 389
Section 7. Effective July 1, 2023, for the purpose of 390 incorporating the amendment made by this act to
section 447.303, 391 Florida Statutes, in a reference thereto, paragraph (
a) of 392 subsection (6) of
section 447.507, Florida Statutes, is 393 reenacted to read: 394 447.507 Violation of strike prohibition; penalties.— 395 (6)(
a) If the commission determines that an employee 396 organization has violated s. 447.505, it may: 397 1. Issue cease and desist orders as necessary to ensure 398 compliance with its order. 399 2. Suspend or revoke the certification of the employee 400 organization as the bargaining agent of such employee unit. 401 3. Revoke the right of dues deduction and collection 402 previously granted to said employee organization pursuant to s. 403 447.303. 404 4. Fine the organization up to $20,000 for each calendar 405 day of such violation or determine the approximate cost to the 406
Florida Senate - 2023 SB 256 11-00031G-23 2023256__ Page 15 of 15 CODING: Words stricken are deletions; words underlined are additions. public due to each calendar day of the strike and fine the 407 organization an amount equal to such cost, notwithstanding the 408 fact that the fine may exceed $20,000 for each such calendar 409 day. The fines so collected shall immediately accrue to the 410 public employer and shall be used by him or her to replace those 411 services denied the public as a result of the strike.
In 412 determining the amount of damages, if any, to be awarded to the 413 public employer, the commission shall take into consideration 414 any action or inaction by the public employer or its agents that 415 provoked, or tended to provoke, the strike by the public 416 employees. 417