The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 447
LABOR ORGANIZATIONS

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F.S. 447.305

447.305 Registration of employee organization.—

(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.

(b) The names and addresses of the principal officers and all representatives of the organization.

(d) The current annual audited financial statement of the organization.

(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 the provisions of this section shall run for 1 year from the date of issuance. A registration shall be renewed annually by filing application for renewal under oath with the commission, which application shall 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 shall include a current annual audited financial statement, certified 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) 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;

(d) 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

(e) 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 of renewal in its application 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.

(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 that had less than 60 percent of the employees eligible for representation in the bargaining unit pay dues 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 1 month 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; or

(b) Intentionally misrepresented the information it submitted pursuant to subsection (3).

A decision issued by the commission pursuant to this subsection is a final agency action that is reviewable pursuant to s. 447.504.

(9) Subsections (3)-(8) do not apply to an employee organization that has been certified as the bargaining agent to represent law enforcement officers, correctional officers, or correctional probation officers as those terms are defined in s. 943.10(1), (2), or (3), respectively, or firefighters as defined in s. 633.102.

(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 audited financial report that includes a detailed breakdown of revenues and expenditures, and an accounting of membership dues and assessments. The employee organization must notify its members annually of all costs of membership.

History.—s. 3, ch. 74-100; s. 11, ch. 77-343; s. 2, ch. 79-89; s. 34, ch. 83-174; s. 24, ch. 95-345; s. 134, ch. 2000-165; s. 60, ch. 2002-194; s. 12, ch. 2020-160; s. 4, ch. 2023-35.

F.S. 447.305 on Google Scholar

F.S. 447.305 on Casetext

Amendments to 447.305

Arrestable Offenses / Crimes under Fla. Stat. 447.305

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 447.305.

Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA PUBLIC EMPLOYEES COUNCIL AFSCME, v. DANIELS,, 646 So. 2d 813 (Fla. Dist. Ct. App. 1994)

. . . PERC analyzed section 447.305, Florida Statutes, which establishes the registration requirements for . . .

FLORIDA PUBLIC EMPLOYEES COUNCIL AFSCME, v. CITY OF PENSACOLA, 550 So. 2d 132 (Fla. Dist. Ct. App. 1989)

. . . this part” refers to Chapter 447, Part II — “Labor Organizations, Public Employees,” which in section 447.305 . . .

SANITATION EMPLOYEES ASSOCIATION, INC. v. METROPOLITAN DADE COUNTY AND MIAMI- DADE WATER AND SEWER AUTHORITY, v. AFSCME, AFL- CIO, MIAMI WATER AND SEWER AUTHORITY, LOCAL, 526 So. 2d 128 (Fla. Dist. Ct. App. 1988)

. . . The courts in these cases interpreted Section 447.305(1), Florida Statutes (1985), to require dismissal . . . Bay, in the absence of a statutory amendment or a change in the judicial interpretation of Section 447.305 . . . This filing was pursuant to Section 447.305(1), Florida Statutes (1985), which provides in pertinent . . . I disagree with the majority’s opinion that section 447.305(1), Florida Statutes (1985), requiring registration . . .

HILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS, v. PUBLIC EMPLOYEES RELATIONS COMMISSION, 447 So. 2d 1371 (Fla. Dist. Ct. App. 1983)

. . . PERC recites that the 1979 amendments to section 447.305, Florida Statutes, converted the registration . . . Section 447.305 of the Florida Statutes provides for the registration of employee organizations. . . . Section 447.305 specifically mandates that if an employee organization is not so registered, it may not . . . of section 120.60 to section 447.305. . . . Prior (o 1979, the registration provision in section 447.305, Florida Statutes, provided in pertinent . . .

CITY OF OCOEE, v. CENTRAL FLORIDA PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL IAFF,, 389 So. 2d 296 (Fla. Dist. Ct. App. 1980)

. . . The next point the city raises on appeal is whether the Local 2057’s failure to comply with section 447.305 . . . Section 447.305, Florida Statutes (1977), provides: (1) Every employee organization ... pri- or to submitting . . . PERC, 365 So.2d 767 (Fla. 1st DCA 1978), construed section 447.305(6) as requiring both registration . . . the First District was confronted with a union claim that the registration requirements of section 447.305 . . . The 1979 Florida Legislature revised section 447.305 which now provides: (1) Every employee organization . . .

NORTH BREVARD COUNTY HOSPITAL DISTRICT, INC. v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, 392 So. 2d 556 (Fla. Dist. Ct. App. 1980)

. . . The Hospital filed a motion to dismiss the Union’s petition based, inter alia, on violation of 447.305 . . . The evidence is uncontra-dicted that the Union was still not in compliance with § 447.305 at the time . . . Florida Statute § 447.305 states in pertinent part: “447.305 Registration of employee organization.— . . . In setting aside the election, we held (365 So.2d at 769): “Teamsters and PERC urge that F.S. 447.305 . . . The Union claims the registration requirements of § 447.305 are “hyper-technicalities.” . . .

UNICARE HEALTH FACILITIES, INC. a v. C. MILLER, Dr., 481 F. Supp. 496 (N.D. Ill. 1979)

. . . . § 447.305 which requires that the plan set reasonable criteria for the class. . . .

BAY COUNTY BOARD OF COUNTY COMMISSIONERS, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, 365 So. 2d 767 (Fla. Dist. Ct. App. 1978)

. . . failure to require Teamsters, as a condition precedent to holding the election, to comply with F.S. 447.305 . . . (1), (2) which states in pertinent part: “447.305 Registration of employee organization. — (1) Every . . . The first five subsections of F.S. 447.305 contain numerous requirements. . . .

UNITED FACULTY OF FLORIDA FEA UNITED, AFT- AFL- CIO v. BRANSON BRANSON v. PUBLIC EMPLOYEES RELATIONS COMMISSION, 350 So. 2d 489 (Fla. Dist. Ct. App. 1977)

. . . Section 447.305(1). . . .

SCHOOL BOARD OF MARION COUNTY, v. FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION SCHOOL BOARD OF MARION COUNTY, v. DISTRICT COUNCIL INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRADES, 341 So. 2d 819 (Fla. Dist. Ct. App. 1977)

. . . We note an apparent inconsistency between Sections 447.305(1) and 447.307(2), Florida Statutes (1975) . . . Section 447.305(1) appears to contemplate alternative methods for an employee organization to achieve . . . It contained consistent provisions paralleling Sections 447.305(1) and 447.307(2) of the 1974 legislation . . . Thus, Section 2-447.008(1) of House Bill 3314 was identical to present Section 447.305(1) and Section . . . The legislative history simply accounts for two opposing inferences now arising from Sections 447.305 . . .

AMALGAMATED TRANSIT UNION, LOCAL v. PUBLIC EMPLOYEES RELATIONS COMMISSION, 344 So. 2d 319 (Fla. Dist. Ct. App. 1976)

. . . Sec. 447.305, F.S.1975. . . .

LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL v. PUBLIC EMPLOYEES RELATIONS COMMISSION AFSCME, AFL- CIO,, 336 So. 2d 450 (Fla. Dist. Ct. App. 1976)

. . . to petitioners’ intervention contending that Local 666 of petitioners was not in compliance with § 447.305 . . .