Florida Statutes 447.305 – Registration of employee organization
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(1) Every employee organization seeking to become a certified bargaining agent for public employees shall register with the commission pursuant to the procedures set forth in s. 120.60 prior to requesting recognition by a public employer for purposes of collective bargaining and prior to submitting a petition to the commission requesting certification as an exclusive bargaining agent. Further, if such employee organization is not registered, it may not participate in a representation hearing, participate in a representation election, or be certified as an exclusive bargaining agent. The application for registration required by this section shall be under oath and in such form as the commission may prescribe and shall include:
(a) The name and address of the organization and of any parent organization or organization with which it is affiliated.
Terms Used In Florida Statutes 447.305
- Bargaining agent: means the employee organization which has been certified by the commission as representing the employees in the bargaining unit, as provided in…. See Florida Statutes 447.203
- Bargaining unit: means either that unit determined by the commission, that unit determined through local regulations promulgated pursuant to…. See Florida Statutes 447.203
- business agent: means any person, without regard to title, who shall, for a pecuniary or financial consideration, act or attempt to act for any labor organization in:(a) The issuance of membership or authorization cards, work permits, or any other evidence of rights granted or claimed in, or by, a labor organization; or(b) Soliciting or receiving from any employer any right or privilege for employees. See Florida Statutes 447.02
- Collective bargaining: means the performance of the mutual obligations of the public employer and the bargaining agent of the employee organization to meet at reasonable times, to negotiate in good faith, and to execute a written contract with respect to agreements reached concerning the terms and conditions of employment, except that neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this part. See Florida Statutes 447.203
- Commission: means the Public Employees Relations Commission created by…. See Florida Statutes 447.203
- employer: means the state or any county, municipality, or special district or any subdivision or agency thereof which the commission determines has sufficient legal distinctiveness properly to carry out the functions of a public employer. See Florida Statutes 447.203
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- labor organization: means any organization of employees or local or subdivision thereof, having within its membership residents of the state, whether incorporated or not, organized for the purpose of dealing with employers concerning hours of employment, rate of pay, working conditions, or grievances of any kind relating to employment and recognized as a unit of bargaining by one or more employers doing business in this state, except that an "employee organization" as defined in…. See Florida Statutes 447.02
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Oath: A promise to tell the truth.
- oath: includes affirmations. See Florida Statutes 1.01
- organization: means any labor organization, union, association, fraternal order, occupational or professional society, or group, however organized or constituted, which represents, or seeks to represent, any public employee or group of public employees concerning any matters relating to their employment relationship with a public employer. See Florida Statutes 447.203
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
- Service of process: The service of writs or summonses to the appropriate party.
(b) The names and addresses of the principal officers and all representatives of the organization.(c) The amount of the initiation fee and the amount and collection frequency of the dues and uniform assessments that a member must pay.(d) The current annual financial statement of the organization, prepared by an independent certified public accountant licensed under chapter 473.(e) The name of its business agent, if any; if different from the business agent, the name of its local agent for service of process; and the addresses where such person or persons can be reached.(f) A pledge, in a form prescribed by the commission, that the employee organization will conform to the laws of the state and that it will accept members without regard to age, race, sex, religion, or national origin.(g) A copy of the current constitution and bylaws of the employee organization.(h) A copy of the current constitution and bylaws of the state and national groups with which the employee organization is affiliated or associated. In lieu of this provision, and upon adoption of a rule by the commission, a state or national affiliate or parent organization of any registering labor organization may annually submit a copy of its current constitution and bylaws.
(2) A registration granted to an employee organization pursuant to this section runs for 1 year from the date of issuance. A registration must be renewed annually by filing an application for renewal under oath with the commission, which application must reflect any changes in the information provided to the commission in conjunction with the employee organization’s preceding application for registration or previous renewal, whichever is applicable. Each application for renewal of registration must include a current annual financial statement, prepared by an independent certified public accountant licensed under chapter 473 and signed by the employee organization’s president and treasurer or corresponding principal officers, containing the following information in such detail as may be necessary accurately to disclose its financial condition and operations for its preceding fiscal year and in such categories as the commission may prescribe:
(a) Assets and liabilities at the beginning and end of the fiscal year;
(b) Receipts of any kind and the sources thereof;
(c) Disbursements by category;
(d) Salary, allowances, and other direct or indirect disbursements, including reimbursed expenses, to each officer and also to each employee who, during such fiscal year, received more than $10,000 in the aggregate from such employee organization and any other employee organization affiliated with it or with which it is affiliated or which is affiliated with the same national or international employee organization;
(e) Direct and indirect loans made to any officer, employee, or member which aggregated more than $250 during the fiscal year, together with a statement of the purpose, security, if any, and arrangements for repayment; and
(f) Direct and indirect loans to any business enterprise, together with a statement of the purpose, security, if any, and arrangements for repayment.
(3) In addition to subsection (2), an employee organization that has been certified as the bargaining agent for public employees must include for each such certified bargaining unit the following information and documentation as of the 30th day immediately preceding the date upon which its current registration is scheduled to end for any renewal of registration on or after October 1, 2023:
(a) The number of employees in the bargaining unit who are eligible for representation by the employee organization.
(b) The number of employees in the bargaining unit who have submitted signed membership authorization forms without a subsequent revocation of such membership.
(c) The number of employees in the bargaining unit who paid dues to the employee organization.
(d) The number of employees in the bargaining unit who did not pay dues to the employee organization.
(e) Documentation provided by an independent certified public accountant retained by the employee organization which verifies the information provided in paragraphs (a)-(d).
(4) The employee organization must provide a copy of its application for renewal of registration relating to a public employer’s employees to the public employer on the same day the application is submitted to the commission.
(5) An application for renewal of registration is incomplete and is not eligible for consideration by the commission if it does not include all of the information and documentation required in subsection (3). The commission shall notify the employee organization if the application is incomplete. An incomplete application must be dismissed if the required information and documentation are not provided within 10 days after the employee organization receives such notice.
(6) Notwithstanding the provisions of this chapter relating to collective bargaining, an employee organization certified as a bargaining agent to represent a bargaining unit for which less than 60 percent of the unit employees have submitted membership authorization forms without subsequent revocation and paid dues to the organization during its last registration period must petition the commission pursuant to s. 447.307(2) and (3) for recertification as the exclusive representative of all employees in the bargaining unit within 30 days after the date on which the employee organization applies for renewal of registration pursuant to subsection (2). The certification of an employee organization that does not comply with this section is revoked.
(7) The public employer or a bargaining unit employee may challenge an employee organization’s application for renewal of registration if the public employer or bargaining unit employee believes that the application is inaccurate. The commission or one of its designated agents shall review the application to determine its accuracy and compliance with this section. If the commission finds that the application is inaccurate or does not comply with this section, the commission shall revoke the registration and certification of the employee organization.
(8) The commission may conduct an investigation to confirm the validity of any information submitted pursuant to this section. The commission may revoke or deny an employee organization’s registration or certification if it finds that the employee organization:
(a) Failed to cooperate with the investigation conducted pursuant to this subsection, including refusal to permit the commission to inspect membership authorization forms or revocations pursuant to s. 447.301(1)(b)5.; or
(b) Intentionally misrepresented the information it submitted pursuant to this section.
A decision issued by the commission pursuant to this subsection is a final agency action that is reviewable pursuant to s. 447.504.
(9) An employee organization is exempt from the requirements of subsections (3)-(8) only with respect to the circumstances of each bargaining unit the majority of whose employees eligible for representation are employed as law enforcement officers, correctional officers, or correctional probation officers as those terms are defined in s. 943.10(1), (2), or (3), respectively; firefighters as defined in s. 633.102; 911 public safety telecommunicators as defined in s. 401.465(1)(a); or emergency medical technicians or paramedics as defined in s. 401.23.
(10) A registration fee shall accompany each application filed with the commission. The amount charged for an application for registration or renewal of registration shall not exceed $15. All such money collected by the commission shall be deposited in the General Revenue Fund.
(11) Every employee organization shall keep accurate accounts of its income and expenses, which accounts shall be open for inspection at all reasonable times by any member of the organization or by the commission. In addition, each employee organization that has been certified as a bargaining agent must provide to its members an annual financial report prepared by an independent certified public accountant licensed under chapter 473 that includes a detailed breakdown of revenues and expenditures in such categories as the commission may prescribe, and an accounting of membership dues and assessments. The employee organization must notify its members annually of all costs of membership.